Vol. 85 Friday, No. 55 March 20, 2020
Pages 15909–16226
OFFICE OF THE FEDERAL REGISTER
VerDate Sep 11 2014 20:22 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\20MRWS.LOC 20MRWS jbell on DSKJLSW7X2PROD with FR_WS II Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 85 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.
.
VerDate Sep 11 2014 20:22 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\20MRWS.LOC 20MRWS jbell on DSKJLSW7X2PROD with FR_WS III
Contents Federal Register Vol. 85, No. 55
Friday, March 20, 2020
Agriculture Department Comptroller of the Currency See Animal and Plant Health Inspection Service RULES See Food and Nutrition Service Regulatory Capital Rule: See Food Safety and Inspection Service Eligible Retained Income, 15909–15916 See Forest Service Copyright Office, Library of Congress Animal and Plant Health Inspection Service PROPOSED RULES NOTICES Registration Modernization, 16021 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Department Importation of Live Swine, Pork, and Pork Products From See Army Department Certain Regions, 16047–16048 See Navy Department NOTICES Antitrust Division Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 16087–16088 Changes Under the National Cooperative Research and Production Act: Education Department CHEDE–8, 16132 NOTICES Cooperative Research Group on HEDGE IV, 16132 Agency Information Collection Activities; Proposals, Cooperative Research Group on Numerical Propulsion Submissions, and Approvals: System Simulation, 16132 Request for Title IV Reimbursement or Heightened Cash Cooperative Research Group on ROS-Industrial Monitoring 2, 16090 Consortium-Americas, 16132–16133 Open Source Imaging Consortium, Inc., 16131–16132 Employment and Training Administration OpenJS Foundation, 16131 NOTICES UHD Alliance, Inc., 16133 Labor Certification Process for the Temporary Employment of H–2A and H–2B Foreign Workers in the United Army Department States: NOTICES Annual Update to Allowable Charges for Agricultural Agency Information Collection Activities; Proposals, Workers’ Meals and for Travel Subsistence Submissions, and Approvals, 16086–16087 Reimbursement, Including Lodging, 16133–16134
Bureau of Consumer Financial Protection Energy Department RULES See Federal Energy Regulatory Commission Responsible Business Conduct: NOTICES Self-Assessing, Self-Reporting, Remediating, and Application To Export Electric Energy: Cooperating, 15917–15919 Centre Lane Trading, Ltd., 16090–16091
Civil Rights Commission Environmental Protection Agency NOTICES RULES Meetings: Air Plan Approval, Iowa; State Implementation Plan and Alabama Advisory Committee, 16053–16054 Operating Permits Program; CFR Correction, 15959– Maryland Advisory Committee; Correction, 16054 15960 National Emission Standards for Hazardous Air Pollutants: Coast Guard Boat Manufacturing and Reinforced Plastic Composites NOTICES Production Risk and Technology Review, 15960– Navigation and Vessel Inspection Circular: 15982 Guidelines for Addressing Cyber Risks at Maritime Significant New Use Rules on Certain Chemical Substances Transportation Security Act Regulated Facilities, (19–1.B), 15952–15959 16108–16115 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Commerce Department Promulgations: See Foreign-Trade Zones Board Montana; Columbia Falls, Kalispell and Libby PM10 See Industry and Security Bureau Nonattainment Area Limited Maintenance Plan and See International Trade Administration Redesignation Request, 16029–16038 See National Oceanic and Atmospheric Administration North Dakota; Revisions to Permitting Rules, 16027– 16029 Committee for Purchase From People Who Are Blind or Pennsylvania; Reasonably Available Control Technology Severely Disabled (RACT) Determinations for Case-by-Case Sources NOTICES Under the 1997 and 2008 8-Hour Ozone National Procurement List; Additions and Deletions, 16084–16086 Ambient Air Quality Standards, 16021–16027
VerDate Sep<11>2014 20:35 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN jbell on DSKJLSW7X2PROD with CONTENTS IV Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Contents
West Virginia; Redesignation and Maintenance Plan for Meetings: the West Virginia Portion of the Steubenville Sulfur Task Force for Reviewing the Connectivity and Dioxide Nonattainment Area, 16038–16046 Technology Needs of Precision Agriculture in the NOTICES United States, 16098–16099 Clean Air Act Operating Permit Program: Technological Advisory Council, 16099 Petitions for Objection to State Operating Permit for Dow Chemical Company, Dow Salt Dome Operations, Federal Deposit Insurance Corporation Brazoria County, TX, 16095–16096 RULES Environmental Impact Statements; Availability, etc.: Regulatory Capital Rule: Weekly Receipt, 16093 Capital Simplification for Qualifying Community Banking Meetings: Organizations; Correction, 15916–15917 Chartered Clean Air Scientific Advisory Committee and Eligible Retained Income, 15909–15916 CASAC Secondary NAAQS Review Panel for Oxides of Nitrogen and Sulfur, 16093–16094 Federal Emergency Management Agency Trichloroethylene; TSCA Science Advisory Committee on NOTICES Chemicals, 16096 Agency Information Collection Activities; Proposals, Request for Nominations: Submissions, and Approvals: Toxic Substances Control Act Science Advisory Application for Surplus Federal Real Property Public Committee on Chemicals, 16094–16095 Benefit Conveyance and BRAC Program for Emergency Management Use, 16115–16116 Changes in Flood Hazard Determinations, 16116–16118 Federal Aviation Administration RULES Federal Energy Regulatory Commission Airworthiness Directives: NOTICES Airbus Helicopters, 15924–15926, 15933–15935 Combined Filings, 16091–16092 Airbus SAS Airplanes, 15919–15924, 15938–15940, Filing: 15946–15948 City of Boulder, CO, 16092–16093 Honda Aircraft Company LLC, 15926–15930 Meetings: International Aero Engines, LLC Turbofan Engines, Change in Meeting, 16091 15943–15945 The Boeing Company Airplanes, 15930–15933 Federal Railroad Administration Yabora Industria Aeronautica S.A. (Type Certificate NOTICES Previously Held by Embraer S.A.) Airplanes, 15936– Agency Information Collection Activities; Proposals, 15938, 15940–15942 Submissions, and Approvals, 16189 PROPOSED RULES Airworthiness Directives: Federal Reserve System Airbus SAS Airplanes, 16011–16014 RULES Austro Engine GmbH Engines, 16014–16016 Regulatory Capital Rule: Bell Helicopter Textron Canada Limited Helicopters, Eligible Retained Income, 15909–15916 16019–16021 NOTICES De Havilland Aircraft of Canada Limited (Type Certificate Change in Bank Control: Previously Held by Bombardier, Inc.) Airplanes, Acquisitions of Shares of a Bank or Bank Holding 16008–16011 Company, 16102–16103 Yabora Industria Aeronautica S.A. (Type Certificate Formations of, Acquisitions by, and Mergers of Bank Previously Held by Embraer S.A.) Airplanes, 16016– Holding Companies, 16102 16019 NOTICES Federal Retirement Thrift Investment Board Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Certification of Repair Stations, 16188–16189 Board Member Meeting; Correction, 16103 Petition for Exemption; Summary: ATK Launch Systems, Inc., 16187 Food and Drug Administration Release of Airport Property: NOTICES Grouby Field Airport, Prattville, AL, 16187–16188 Guidance: Submission of Plans for Cigarette Packages and Cigarette Federal Communications Commission Advertisements, 16103–16104 RULES Electronic Delivery of Notices to Broadcast Television Food and Nutrition Service Stations; Modernization of Media Regulation Initiative, NOTICES 15999–16006 Child Nutrition Programs: The Uniendo a Puerto Rico Fund and the Connect U.S. Income Eligibility Guidelines, 16050–16053 Virgin Islands Fund, Connect America Fund, Eligible Telecommunication Carrier Annual Reports and Food Safety and Inspection Service Certifications, 15982–15999 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 16097–16102 State Meat and Poultry Programs, 16048–16050
VerDate Sep<11>2014 20:35 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN jbell on DSKJLSW7X2PROD with CONTENTS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Contents V
Foreign Assets Control Office International Trade Commission NOTICES NOTICES Blocking or Unblocking of Persons and Properties, 16190– Investigations; Determinations, Modifications, and Rulings, 16191 etc.: Certain Capacitive Touch-Controlled Mobile Devices, Foreign-Trade Zones Board Computers, and Components Thereof, 16130–16131 NOTICES Fabricated Structural Steel From Canada, China, and Proposed Production Activity: Mexico, 16129–16130 Port Arthur LNG, LLC, Foreign-Trade Zone 116, Port Utility Scale Wind Towers From Canada, Indonesia, Arthur, TX, 16054 Korea, and Vietnam, 16127–16129 Petitions for Duty Suspensions and Reductions: Forest Service Notice That Comments Received on Previously Filed NOTICES Petitions Are Available for Viewing on the Meetings: Commission’s Website, 16129 Black Hills National Forest Advisory Board, 16053
Health and Human Services Department Justice Department See Food and Drug Administration See Antitrust Division See Health Resources and Services Administration See National Institutes of Health Labor Department Health Resources and Services Administration See Employment and Training Administration NOTICES See Workers Compensation Programs Office Meetings: Advisory Council on Blood Stem Cell Transplantation, Land Management Bureau 16104–16105 NOTICES Alaska Native Claims Selection, 16126 Homeland Security Department Environmental Impact Statements; Availability, etc.: See Coast Guard Yellow Pine Solar Project in Clark County, NV, 16125– See Federal Emergency Management Agency 16126 See Transportation Security Administration Intent To Temporarily Close Selected Public Lands in Industry and Security Bureau Maricopa and Pinal Counties, AZ, 16124–16125 NOTICES Export Privileges; Denials: Library of Congress Zimo Sheng, 16054–16055 See Copyright Office, Library of Congress Interior Department See Land Management Bureau National Archives and Records Administration See Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Internal Revenue Service Submissions, and Approvals, 16135–16136 RULES Regulations Enabling Elections for Certain Transactions National Institutes of Health Under Section 336(e); CFR Correction, 15949 NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Center for Scientific Review, 16105–16108 Submissions, and Approvals: Eunice Kennedy Shriver National Institute of Child Intake/Interview and Quality Review Sheets, 16191– Health and Development, 16105–16107 16192 National Cancer Institute, 16106 Low-Income Housing Credit—Carryover Allocations, National Heart, Lung, and Blood Institute, 16106–16107 Binding Agreement, and Utility Allowances, 16192 National Institute of Diabetes and Digestive and Kidney International Trade Administration Diseases, 16105 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Oceanic and Atmospheric Administration or Reviews: RULES Certain Hot-Rolled Steel Flat Products From the Fisheries of the Caribbean, Gulf of Mexico, and South Netherlands, 16058–16059 Atlantic: Electrolytic Manganese Dioxide From the People’s Snapper-Grouper Fishery of the South Atlantic; 2020– Republic of China, 16057 2021 Recreational Fishing Season for Black Sea Bass, Heavy Walled Rectangular Welded Carbon Steel Pipes 16006–16007 and Tubes From the Republic of Korea, 16060–16061 Subsistence Taking of Northern Fur Seals on the Pribilof Lightweight Thermal Paper From the People’s Republic Islands; Correction, 15948–15949 of China, 16059–16060 NOTICES Steel Concrete Reinforcing Bar From the Republic of Agency Information Collection Activities; Proposals, Turkey, 16056–16057 Submissions, and Approvals: Postpone the Asia EDGE Business Development Mission, Statement of Financial Interests, Regional Fishery 16058 Management Councils, 16083
VerDate Sep<11>2014 20:35 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN jbell on DSKJLSW7X2PROD with CONTENTS VI Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Contents
Environmental Assessments; Availability, etc.: Meetings; Sunshine Act, 16166, 16177 Deepwater Horizon Oil Spill Louisiana Trustee Order Granting Conditional Exemptive Relief, 16152–16157 Implementation Group Draft Phase II Restoration Self-Regulatory Organizations; Proposed Rule Changes: Plan and Environmental Assessment No. 3.3: Large- Cboe BZX Exchange, Inc., 16160–16162 Scale Barataria Marsh Creation: Upper Barataria Long-Term Stock Exchange, 16170–16172 Component, 16081–16083 Nasdaq PHLX, LLC, 16157–16160 Deepwater Horizon Oil Spill Louisiana Trustee NYSE American, LLC, 16172–16177 Implementation Group Draft Restoration Plan and The Nasdaq Stock Market LLC, 16163–16166 Environmental Assessment No. 5: Living Coastal and Marine Resources—Marine Mammals and Oysters, Susquehanna River Basin Commission 16078–16081 NOTICES Meetings: Grandfathering Registration, 16177–16178 Caribbean Fishery Management Council; Cancellation, Meetings: 16077 Actions Taken March 13, 2020, 16178–16179 Gulf of Mexico Fishery Management Council, 16078 Projects Approved: South Atlantic Fishery Management Council, 16077 Consumptive Uses of Water, 16179–16180 Permits: Minor Modifications, 16180–16181 Marine Mammals and Endangered Species, 16078 Revocation of Approvals, 16177 Take of Marine Mammals Incidental to Specified Activities: Hampton Roads Bridge-Tunnel Expansion Project, Trade Representative, Office of United States Hampton–Norfolk, VA, 16194–16226 NOTICES Takes of Marine Mammals Incidental to Specified Activities Extension of Particular Exclusions Granted Under the June Parallel Thimble Shoal Tunnel Project in Virginia Beach, 2019 Product Exclusion Notice From the 34 Billion VA, 16061–16077 Dollar Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Navy Department Intellectual Property, and Innovation, 16181–16186 NOTICES Agency Information Collection Activities; Proposals, Transportation Department Submissions, and Approvals, 16088–16090 See Federal Aviation Administration Nuclear Regulatory Commission See Federal Railroad Administration NOTICES See Saint Lawrence Seaway Development Corporation Agency Information Collection Activities; Proposals, Submissions, and Approvals, 16149–16150 Transportation Security Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Authorization for Payment by Credit Card, 16148–16149 Submissions, and Approvals Confirmatory Order: Certification of Identity Form, 16122–16124 Reed College, Reed Research Reactor, Portland, OR, Agency Information Collection Activities; Proposals, 16140–16145 Submissions, and Approvals: Exemption and Combined License Amendment; Issuance: Canine Training Center Adoption Application, 16118– Southern Nuclear Operating Company, Inc., Vogtle 16119 Electric Generating Plant, Units 3 and 4; Automatic Explosives Detection Canine Recommended Standards, Depressurization System and Core Makeup Tank 16119–16122 Design Parameters, 16146–16147 Guidance: Treasury Department Volcanic Hazards Assessment for Proposed New and See Comptroller of the Currency Advanced Nuclear Power Plants, 16147–16148 See Foreign Assets Control Office Holtec International HI–STORE Consolidated Interim See Internal Revenue Service Storage Facility Project, 16150–16151 Order: Workers Compensation Programs Office Dr. Melinda Krahenbuhl, Reed Research Reactor, NOTICES Portland, OR, 16136–16140 Meetings: Advisory Board on Toxic Substances and Worker Health, Reclamation Bureau 16134–16135 NOTICES Privacy Act of 1974; System of Records, 16126–16127 Separate Parts In This Issue Saint Lawrence Seaway Development Corporation RULES Part II Seaway Regulations and Rules: Commerce Department, National Oceanic and Atmospheric Periodic Update, Various Categories, 15949–15951 Tariff of Tolls, 15951–15952 Administration, 16194–16226 Securities and Exchange Commission NOTICES Reader Aids Application: Consult the Reader Aids section at the end of this issue for AIP Private Equity Opportunities Fund I A LP, et al., phone numbers, online resources, finding aids, and notice 16166–16170 of recently enacted public laws.
VerDate Sep<11>2014 20:35 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN jbell on DSKJLSW7X2PROD with CONTENTS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Contents VII
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.
VerDate Sep<11>2014 20:35 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4748 Sfmt 4748 E:\FR\FM\20MRCN.SGM 20MRCN jbell on DSKJLSW7X2PROD with CONTENTS VIII Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
12 CFR Ch. X...... 15917 3...... 15909 217...... 15909 324...... 15909 365...... 15916 14 CFR 39 (11 documents) ...... 15919, 15922, 15924, 15926, 15930, 15933, 15936, 15938, 15940, 15943, 15946 Proposed Rules: 39 (5 documents) ...... 16008, 16011, 16014, 16016, 16019 15 CFR 902...... 15948 26 CFR 1...... 15949 33 CFR 401...... 15949 402...... 15951 37 CFR Proposed Rules: 201...... 16021 202...... 16021 40 CFR 9...... 15952 52...... 15959 63...... 15960 721...... 15952 Proposed Rules: 52 (4 documents) ...... 16021, 16027, 16029, 16038 81...... 16038 47 CFR 54...... 15982 74...... 15999 76...... 15999 50 CFR 216...... 15948 622...... 16006
VerDate Sep 11 2014 20:23 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\20MRLS.LOC 20MRLS jbell on DSKJLSW7X2PROD with FR_LS 15909
Rules and Regulations Federal Register Vol. 85, No. 55
Friday, March 20, 2020
This section of the FEDERAL REGISTER distributions that could apply under the Instructions: You must include contains regulatory documents having general agencies’ capital rules more gradual. ‘‘OCC’’ as the agency name and ‘‘Docket applicability and legal effect, most of which DATES ID OCC–2020–0009’’ in your comment. are keyed to and codified in the Code of : The interim final rule is effective March 20, 2020. Comments on the In general, the OCC will enter all Federal Regulations, which is published under comments received into the docket and 50 titles pursuant to 44 U.S.C. 1510. interim final rule must be received no later than May 4, 2020. publish the comments on the Regulations.gov website without The Code of Federal Regulations is sold by ADDRESSES: the Superintendent of Documents. change, including any business or OCC: Commenters are encouraged to personal information provided such as submit comments through the Federal name and address information, email DEPARTMENT OF THE TREASURY eRulemaking Portal or email, if possible. addresses, or phone numbers. Please use the title ‘‘Regulatory Capital Comments received, including Office of the Comptroller of the Rule: Eligible Retained Income’’ to attachments and other supporting Currency facilitate the organization and materials, are part of the public record distribution of the comments. You may and subject to public disclosure. Do not 12 CFR Part 3 submit comments by any of the include any information in your following methods: comment or supporting materials that [Docket No. OCC–2020–0009] • Federal eRulemaking Portal— you consider confidential or RIN 1557–AE81 Regulations.gov Classic or inappropriate for public disclosure. Regulations.gov Beta: Regulations.gov You may review comments and other Classic: Go to https:// related materials that pertain to this FEDERAL RESERVE SYSTEM www.regulations.gov/. Enter ‘‘Docket ID rulemaking action by any of the OCC–2020–0009’’ in the Search Box and following methods: 12 CFR Part 217 click ‘‘Search.’’ Click on ‘‘Comment • Viewing Comments Electronically— Now’’ to submit public comments. For [Regulations Q; Docket No. R–1703] Regulations.gov Classic or help with submitting effective Regulations.gov Beta: RIN 7100–AF77 comments please click on ‘‘View Regulations.gov Classic: Go to https:// Commenter’s Checklist.’’ Click on the www.regulations.gov/. Enter ‘‘Docket ID ‘‘Help’’ tab on the Regulations.gov home OCC–2020–0009’’ in the Search box and page to get information on using FEDERAL DEPOSIT INSURANCE click ‘‘Search.’’ Click on ‘‘Open Docket Regulations.gov, including instructions CORPORATION Folder’’ on the right side of the screen. for submitting public comments. Comments and supporting materials can 12 CFR Part 324 Regulations.gov Beta: Go to https:// be viewed and filtered by clicking on beta.regulations.gov/ or click ‘‘Visit ‘‘View all documents and comments in RIN 3064–AF40 New Regulations.gov Site’’ from the this docket’’ and then using the filtering Regulations.gov Classic homepage. tools on the left side of the screen. Click Regulatory Capital Rule: Eligible Enter ‘‘Docket ID OCC–2020–0009’’ in Retained Income on the ‘‘Help’’ tab on the the Search Box and click ‘‘Search.’’ Regulations.gov home page to get AGENCY: Board of Governors of the Public comments can be submitted via information on using Regulations.gov. Federal Reserve System (Board), Office the ‘‘Comment’’ box below the The docket may be viewed after the of the Comptroller of the Currency displayed document information or by close of the comment period in the same (OCC), and Federal Deposit Insurance clicking on the document title and then manner as during the comment period. Corporation (FDIC). clicking the ‘‘Comment’’ box on the top- Regulations.gov Beta: Go to https:// left side of the screen. For help with ACTION: beta.regulations.gov/ or click ‘‘Visit Interim final rule with request submitting effective comments please for comments. New Regulations.gov Site’’ from the click on ‘‘Commenter’s Checklist.’’ For Regulations.gov Classic homepage. SUMMARY: In light of recent disruptions assistance with the Regulations.gov Beta Enter ‘‘Docket ID OCC–2020–0009’’ in in economic conditions caused by the site, please call (877) 378–5457 (toll the Search Box and click ‘‘Search.’’ coronavirus disease 2019 (COVID–19) free) or (703) 454–9859 Monday–Friday, Click on the ‘‘Comments’’ tab. and current strains in U.S. financial 9 a.m.–5 p.m. ET or email regulations@ Comments can be viewed and filtered markets, the Board, OCC and FDIC erulemakinghelpdesk.com. by clicking on the ‘‘Sort By’’ drop-down (together, the agencies) are issuing an • Email: regs.comments@ on the right side of the screen or the interim final rule that revises the occ.treas.gov. ‘‘Refine Results’’ options on the left side definition of eligible retained income for • Mail: Chief Counsel’s Office, of the screen. Supporting materials can all depository institutions, bank holding Attention: Comment Processing, Office be viewed by clicking on the companies, and savings and loan of the Comptroller of the Currency, 400 ‘‘Documents’’ tab and filtered by holding companies subject to the 7th Street SW, suite 3E–218, clicking on the ‘‘Sort By’’ drop-down on agencies’ capital rule (together, a Washington, DC 20219. the right side of the screen or the banking organization or banking • Hand Delivery/Courier: 400 7th ‘‘Refine Results’’ options on the left side organizations). The revised definition of Street SW, Suite 3E–218, Washington, of the screen.’’ For assistance with the eligible retained income will make any DC 20219. Regulations.gov Beta site, please call automatic limitations on capital • Fax: (571) 465–4326. (877) 378–5457 (toll free) or (703) 454–
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15910 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
9859 Monday-Friday, 9am-5pm ET or • Mail: Robert E. Feldman, Executive A. Effective Date/Request for Comment email regulations@ Secretary, Attention: Comments/RIN B. Paperwork Reduction Act erulemakinghelpdesk.com. The docket 3064–AF40, Federal Deposit Insurance C. Regulatory Flexibility Act Corporation, 550 17th Street NW, D. Riegle Community Development and may be viewed after the close of the Regulatory Improvement Act of 1994 comment period in the same manner as Washington, DC 20429. • E. Use of Plain Language during the comment period. Hand Delivery/Courier: Comments F. Unfunded Mandates • Viewing Comments Personally: You may be hand delivered to the guard may personally inspect comments at the station at the rear of the 550 17th Street I. Background OCC, 400 7th Street SW, Washington, Building (located on F Street) on Under the capital rule, a banking DC 20219. For security reasons, the OCC business days between 7 a.m. and 5 p.m. organization 1 must maintain a requires that visitors make an All comments received must include the minimum amount of regulatory capital.2 appointment to inspect comments. You agency name (FDIC) and RIN 3064– In addition, a banking organization must may do so by calling (202) 649–6700 or, AF40 and will be posted without change maintain a buffer of regulatory capital for persons who are deaf or hearing to http://www.fdic.gov/regulations/laws/ above its minimum capital requirements impaired, TTY, (202) 649–5597. Upon federal, including any personal to avoid restrictions on capital arrival, visitors will be required to information provided. distributions and discretionary bonus present valid government-issued photo FOR FURTHER INFORMATION CONTACT: payments.3 The agencies established the identification and submit to security OCC: Margot Schwadron, Director, or buffer requirements to encourage better screening in order to inspect comments. Benjamin Pegg, Risk Expert, Capital and capital conservation by banking Board: You may submit comments, Regulatory Policy, (202) 649–6370; or organizations and to enhance the identified by Docket No. R–1703; RIN Carl Kaminski, Special Counsel, or resilience of the banking system during 7100–AF77, by any of the following Kevin Korzeniewski, Counsel, Chief stress periods.4 In particular, the methods: Counsel’s Office, (202) 649–5490, for agencies intend for the buffer • Agency website: http:// persons who are deaf or hearing requirements to limit the ability of www.federalreserve.gov. Follow the impaired, TTY, (202) 649–5597, Office banking organizations to distribute instructions for submitting comments at of the Comptroller of the Currency, 400 capital in the form of dividends and http://www.federalreserve.gov/ 7th Street SW, Washington, DC 20219. discretionary bonus payments and generalinfo/foia/ProposedRegs.cfm. Board: Anna Lee Hewko, Associate therefore strengthen the ability of • Email: regs.comments@ Director, (202) 530–6360, Constance banking organizations to continue federalreserve.gov. Include docket and Horsley, Deputy Associate Director, lending and conducting other financial RIN numbers in the subject line of the (202) 452–5239, Juan Climent, Manager, intermediation activities during stress message. (202) 460 2180, Matthew McQueeney, periods. The agencies are concerned, • FAX: (202) 452–3819 or (202) 452– Senior Financial Institution Policy however, that the buffer requirements 3102. Analyst II, (202) 452–2942, Division of do not limit capital distributions in the • Mail: Ann E. Misback, Secretary, Supervision and Regulation; Benjamin gradual manner intended when the Board of Governors of the Federal McDonough, Assistant General Counsel, buffer requirements were developed. Reserve System, 20th Street and (202) 452–2036, Asad Kudiya, Senior Rather, the limitations on capital Constitution Avenue NW, Washington, Counsel, (202) 475–6358, or Mary distributions could be sudden and DC 20551. Watkins, Senior Attorney, (202) 452– severe if such banking organizations 3722, Legal Division, Board of were to experience even a modest All public comments will be made Governors of the Federal Reserve reduction in their capital ratios, available on the Board’s website at System, 20th Street and Constitution undermining the ability of banking http://www.federalreserve.gov/ Avenue NW, Washington, DC 20551. organizations to use their capital generalinfo/foia/ProposedRegs.cfm as Users of Telecommunication Device for buffers. submitted, unless modified for technical Deaf (TDD) only, call (202) 263–4869. The agencies are adopting an interim reasons or to remove personally FDIC: Bobby R. Bean, Associate final rule that revises the definition of identifiable information at the Director, [email protected]; Benedetto eligible retained income. The interim commenter’s request. Accordingly, Bosco, Chief, Capital Policy Section, final rule also addresses the impact of comments will not be edited to remove [email protected]; Noah Cuttler, Senior recent dislocations in the U.S. economy any identifying or contact information. Policy Analyst, [email protected]; as a result of COVID–19. By modifying Public comments may also be viewed [email protected]; Capital the definition of eligible retained electronically or in paper in Room 146, Markets Branch, Division of Risk income and thereby allowing banking 1709 New York Avenue NW, Management Supervision, (202) 898– organizations to more freely use their Washington, DC 20006, between 9:00 6888; or Michael Phillips, Counsel, a.m. and 5:00 p.m. on weekdays. For [email protected]; Catherine Wood, 1 Banking organizations subject to the capital rule security reasons, the Board requires that Counsel, [email protected]; Supervision include national banks, state member banks, state nonmember banks, savings associations, and top- visitors make an appointment to inspect and Legislation Branch, Legal Division, comments. You may do so by calling tier bank holding companies and savings and loan Federal Deposit Insurance Corporation, holding companies domiciled in the United States (202) 452–3684. 550 17th Street NW, Washington, DC not subject to the Board’s Small Bank Holding FDIC: You may submit comments, 20429. For the hearing impaired only, Company Policy Statement (12 CFR part 225, identified by RIN [3064–AF40], by any appendix C), but exclude certain savings and loan Telecommunication Device for the Deaf holding companies that are substantially engaged in of the following methods: (TDD), (800) 925–4618. insurance underwriting or commercial activities or • Agency website: http:// SUPPLEMENTARY INFORMATION: that are estate trusts, and bank holding companies www.fdic.gov/regulations/laws/federal. and savings and loan holding companies that are Follow instructions for submitting Table of Contents employee stock ownership plans. 2 comments on the Agency website. See 12 CFR 3.10 (OCC), 12 CFR 217.10 (Board), • I. Background and 12 CFR 324.10 (FDIC). Email: [email protected]. II. The Interim Final Rule 3 See 12 CFR 3.11 (OCC); 12 CFR 217.11 (Board); Include ‘‘RIN 3064–AF40’’ on the III. Impact Assessment 12 CFR 324.11 (FDIC). subject line of the message. IV. Administrative Law Matters 4 78 FR 62018, 62034 (Oct. 11, 2013).
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15911
capital buffers, this interim final rule fixed capital conservation buffer equal countercyclical capital buffer, the GSIB should help to promote lending activity to 2.5 percent of risk-weighted assets. surcharge, and enhanced supplementary and other financial intermediation Banking organizations subject to leverage ratio standards use the same activities by banking organizations and Category I, II, and III standards also are definition of eligible retained income. avoid compounding negative impacts on subject to a countercyclical capital As adopted, eligible retained income the financial markets.5 buffer requirement, and the largest and was defined as four quarters of net During this stress period, the agencies most systemically important banking income, net of distributions and encourage banking organizations to organizations—global systemically associated tax effects not already make prudent decisions regarding important bank holding companies, or reflected in net income. capital distributions. In addition, this U.S. GSIBs—are subject to an additional Under a benign business environment interim final rule does not make capital buffer based on a measure of when banking organizations have changes to any other rule or regulation their systemic risk, the GSIB significant capital cushions above their that may limit capital distributions or surcharge.10 In addition, a minimum capital requirements, some banking discretionary bonus payments. For supplementary leverage ratio of 3 organizations decide to distribute all or instance, under the prompt corrective percent applies to banking organizations nearly all of their net income. Because action framework, an insured depository subject to Category I, II, and III the measure of eligible retained income institution that becomes less than standards. U.S. GSIBs also are subject to subtracts capital distributions made adequately capitalized will be subject to enhanced supplementary leverage ratio during the previous year, a period of dividend restrictions.6 standards. U.S. GSIB bank holding sudden stress following a period of In addition, S-corporation banks do companies must hold a leverage buffer relatively benign conditions could result not pay Federal income taxes. Income of tier 1 capital to avoid limitations on in very low or zero eligible retained and losses are attributed to distributions and discretionary bonus income. Similarly, if a banking shareholders, potentially increasing payments. The depository institution organization with eligible retained their personal tax liability when the S- subsidiaries of U.S. GSIB holding income that is very low or negative corporation has income and potentially companies generally must maintain a experiences an increase in its stress reducing their personal tax liability if similarly higher supplementary leverage capital buffer requirement, because, for the S-corporation has losses. In a ratio to be considered well capitalized example, the banking organization’s risk situation where the S-corporation has under the agencies’ respective prompt profile changed, then the banking income but does not pay dividends, its corrective action frameworks. On March organization’s capital levels might not shareholders are responsible for meeting 4, 2020, the Board adopted a final rule be sufficient to meet the stress capital the increased tax liability from their that simplified the Board’s capital buffer requirement. In either scenario, own resources. A situation in which S- framework for large banking the banking organization could face corporation shareholders’ dividends organizations with the introduction of a sudden and severe distribution would be insufficient to pay their share stress capital buffer requirement (SCB limitations even if its capital ratios only of taxes on the banks’ income because final rule).11 Under the SCB final rule, marginally fall below applicable buffer of the capital conservation buffer is a banking organization will receive a requirements. most likely to occur when the bank is new stress capital buffer requirement on To address this concern, the SCB final adequately capitalized but one or more an annual basis, which replaces the rule revised the definition of eligible of its risk-based capital ratios breach the static 2.5 percent capital conservation retained income for the stress loss capital conservation buffer buffer requirement. portion of a covered holding company’s requirements.7 The revised definition of Under the capital rule, if a banking capital conservation buffer requirement. eligible retained income would assist in organization’s capital ratios fall within Under the SCB final rule, if a covered the ability of S-corporation banks to its buffer requirements, the maximum holding company’s capital ratios are provide dividends to shareholders in amount of capital distributions and above minimum requirements plus the order to meet their pass-through tax discretionary bonus payments it can fixed 2.5 percent portion of the capital liabilities. make is a function of its eligible conservation buffer plus any applicable GSIB surcharge and countercyclical II. The Interim Final Rule retained income. For example, a banking organization in the bottom capital buffer, the covered holding The capital rule requires a banking quartile of its capital conservation buffer company’s eligible retained income is organization to maintain minimum risk- may not make any capital distributions defined as the average of its previous based capital and leverage ratios.8 The four quarters of net income. Under the capital rule also requires a banking without prior approval from the Board, OCC, or FDIC, as applicable. The SCB final rule, if a covered holding organization to maintain certain buffers company’s capital ratios are below its above its risk-based capital and leverage 10 In October 2019, the agencies finalized the minimum requirements plus the fixed ratios, as applicable, to avoid tailoring rule, which more closely matches the 2.5 percent portion of the capital increasingly stringent restrictions on regulations applicable to large banking conservation buffer plus any applicable capital distributions and discretionary organizations with their risk profile. The tailoring GSIB surcharge and countercyclical bonus payments.9 All banking rule groups large U.S. and foreign banking capital buffer, the covered holding organizations into four categories of standards organizations are currently subject to a (Category I through IV), with the most stringent company’s eligible retained income is standards applying to banking organizations subject defined as net income for the four 5 The interim final rule also would apply to the to Category I standards. 84 FR 59230 (November 1, preceding calendar quarters, net of any U.S. intermediate holding companies of foreign 2019). distributions. banking organizations required to be established or 11 Amendments to the Regulatory Capital, Capital designated under 12 CFR 252.153. Plan, and Stress Test Rules, March 4, 2020, Recent events have suddenly and 6 12 CFR 6.6 (OCC); 12 CFR 208.40 (Board); 12 available at https://www.federalreserve.gov/ significantly impacted financial CFR 324.405 (FDIC). newsevents/pressreleases/files/ markets. The spread of the COVID–19 7 FDIC, FIL–40–2014 (July 21, 2014). bcreg20200304a2.pdf. The SCB final rule applies to virus has disrupted economic activity in 8 12 CFR 3.10 (OCC); 12 CFR 217.10 (Board); 12 bank holding companies and U.S. intermediate CFR 324.10 (FDIC). holding companies of foreign banking organizations many countries. In addition, financial 9 See 12 CFR 3.11 (OCC); 12 CFR 217.11 (Board); subject to the capital plan rule (covered holding markets have experienced significant 12 CFR 324.11 (FDIC). company). 12 CFR 225.8. volatility. The magnitude and
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15912 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
persistence of the overall effects on the not already reflected in net income, and As such, the revised definition of economy remain highly uncertain. In (ii) the average of a banking eligible retained income in the interim light of these developments, banking organization’s net income over the final rule is not likely to have any organizations may realize a sudden, preceding four quarters? noticeable effect on the capital unanticipated drop in capital ratios. Question 2: What are the advantages requirements of banking organizations. This could create a strong incentive for and disadvantages of applying the Furthermore, banking organizations these banking organizations to limit revised definition of eligible retained currently maintain robust capital levels, their lending and other financial income to depository institution with only a small number of banking intermediation activities in order to subsidiaries? Would, and if so how organizations having capital levels avoid facing abrupt limitations on would, applying the revised definition of within the capital conservation buffer. capital distributions. Thus, the current eligible retained income to depository definition of eligible retained income, institutions be consistent with the IV. Administrative Law Matters particularly in light of present market purposes of the buffer requirements A. Administrative Procedure Act uncertainty, could serve as a deterrent discussed above? How, if at all, do, the The agencies are issuing the interim for banking organizations to continue incentives for using a capital buffer final rules without prior notice and the lending to creditworthy businesses and differ for depository institutions households. compared to bank holding companies opportunity for public comment and the To better allow a banking organization and savings and loan holding delayed effective date ordinarily to continue lending during times of companies? Similarly, would, and if so prescribed by the Administrative 12 stress, the agencies are issuing the how would, applying the revised Procedure Act (APA)). Pursuant to interim final rule to revise the definition definition of eligible retained income to section 553(b)(B) of the APA, general of eligible retained income to the greater U.S. intermediate holding companies be notice and the opportunity for public of (1) a banking organization’s net consistent with the purposes of the comment are not required with respect income for the four preceding calendar buffer requirements discussed above? to a rulemaking when an ‘‘agency for quarters, net of any distributions and How, if at all, do the incentives for using good cause finds (and incorporates the associated tax effects not already a capital buffer differ for U.S. finding and a brief statement of reasons reflected in net income, and (2) the intermediate holding companies? therefor in the rules issued) that notice average of a banking organization’s net Question 3: Under what and public procedure thereon are income over the preceding four quarters. circumstances, if any, should a banking impracticable, unnecessary, or contrary This definition will apply with respect organization be restricted from making to the public interest.’’ 13 to all of a banking organization’s buffer any capital distributions? The agencies believe that the public interest is best served by implementing requirements, including the fixed 2.5 III. Impact Assessment percent capital conservation buffer, and, the interim final rule immediately upon if applicable, the countercyclical capital In ordinary economic circumstances, publication in the Federal Register. As buffer, the GSIB surcharge, and many banking organizations will pay discussed above, the spread of COVID– enhanced supplementary leverage ratio out a significant portion of their net 19 has disrupted economic activity in standards. Once the SCB final rule is income, and retain the rest to support the United States. In addition, U.S. effective, this definition will also apply growth. As banking organizations enter financial markets have featured extreme to all parts of a covered holding stress periods, the restrictions in the levels of volatility. The magnitude and company’s buffer requirements, capital buffers limit distributions and persistence of COVID–19 on the including the stress loss portion of a help to preserve capital and support economy remain uncertain. In light of covered holding company’s capital lending. However, if the limits to the current market uncertainty, banking conservation requirement. The agencies distributions are too restrictive, banking organizations may have a strong believe that having one definition for all organizations can face a sharp increase incentive to limit their lending activity banking organizations as described in in their distribution limitations when in order to avoid facing abrupt this interim final rule simplifies the they enter the buffer due to stress. This restrictions on distributions. By making regulatory capital framework and may create an incentive for banking the automatic limitations on a banking ensures fairness across banking organizations to reduce lending or take organization’s distributions more organizations of all sizes. other actions to avoid falling into the gradual as the banking organization’s This interim final rule is intended to buffer. The revised definition of eligible capital ratios decline, the interim final strengthen the incentives for a banking net income in the interim final rule rule would allow banking organizations organization to use its capital buffers as allows banking organizations to more to focus on continuing to lend to intended in adverse conditions and gradually reduce distributions as they creditworthy households and businesses serve as a financial intermediary and enter stress, and provides banking rather than on managing their capital source of credit to the economy. This organizations with stronger incentives buffers and reducing the potential of revision would reduce the likelihood to continue to lend in such a scenario. exacerbating negative impacts on the that a banking organization is suddenly On the other hand, by enabling banking financial markets. For these reasons, the subject to abrupt and restrictive organizations to gradually decrease agencies find that there is good cause distribution limitations in a scenario of capital distributions in stress (rather consistent with the public interest to lower than expected capital levels. than mandating a sharp decrease), the issue the rule without advance notice Question 1: What would be the rule could incrementally reduce the and comment.14 advantages and disadvantages of banking organization’s loss-absorption The APA also requires a 30-day defining eligible retained income as the capacity in stress. delayed effective date, except for (1) average of a banking organization’s net The definition of eligible retained substantive rules which grant or income over the preceding four quarters income affects the distributions of recognize an exemption or relieve a instead of the greater of (i) a banking banking organizations within their restriction; (2) interpretative rules and organization’s net income for the four capital conservation or stress capital preceding calendar quarters, net of any buffers. It does not have an impact on 12 5 U.S.C. 553. distributions and associated tax effects minimum capital requirements, per se. 14 5 U.S.C. 553(b)(B); 553(d)(3).
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15913
statements of policy; or (3) as otherwise retained income in the interim final rule are being reviewed under authority provided by the agency for good is not likely to have any significant delegated by the OMB under the PRA. cause.15 Because the rules relieve a effect on the capital requirements of Comments are invited on the following: restriction, the interim final rule is banking organizations. a. Whether the proposed collection of exempt from the APA’s delayed As required by the Congressional information is necessary for the proper effective date requirement.16 Review Act, the agencies will submit performance of the Board’s functions, While the agencies believe that there the final rule and other appropriate including whether the information has is good cause to issue the rule without reports to Congress and the Government practical utility; advance notice and comment and with Accountability Office for review. b. The accuracy of the Board’s an immediate effective date, the C. Paperwork Reduction Act estimate of the burden of the proposed agencies are interested in the views of information collection, including the the public and requests comment on all The Paperwork Reduction Act of 1995 validity of the methodology and aspects of the interim final rule. (44 U.S.C. 3501–3521) (PRA) states that assumptions used; no agency may conduct or sponsor, nor c. Ways to enhance the quality, B. Congressional Review Act is the respondent required to respond utility, and clarity of the information to For purposes of Congressional Review to, an information collection unless it be collected; Act, the OMB makes a determination as displays a currently valid OMB control d. Ways to minimize the burden of to whether a final rule constitutes a number. The interim final rule affects information collection on respondents, ‘‘major’’ rule.17 If a rule is deemed a the agencies’ current information including through the use of automated ‘‘major rule’’ by the Office of collections for the Consolidated Reports collection techniques or other forms of Management and Budget (OMB), the of Condition and Income (Call Reports) information technology; and Congressional Review Act generally (FFIEC 031, FFIEC 041, and FFIEC 051). e. Estimates of capital or startup costs provides that the rule may not take The OMB control numbers for the and costs of operation, maintenance, effect until at least 60 days following its agencies are: OCC OMB No. 1557–0081; and purchase of services to provide publication.18 Board OMB No. 7100–0036; and FDIC information. The Congressional Review Act defines OMB No. 3064–0052. The Board has Comments must be submitted on or a ‘‘major rule’’ as any rule that the reviewed this interim final rule before May 19, 2020. At the end of the Administrator of the Office of pursuant to authority delegated by the comment period, the comments and OMB. Information and Regulatory Affairs of recommendations received will be Although there is a substantive the OMB finds has resulted in or is analyzed to determine the extent to change to the actual calculation of likely to result in (A) an annual effect which the Board should modify the on the economy of $100,000,000 or retained income for purposes of the Call Reports, the change should be minimal proposal. more; (B) a major increase in costs or Adopted Revision, With Extension for prices for consumers, individual and result in a zero net change in hourly burden under the agencies’ information Three Years, of the Following industries, Federal, State, or local Information Collection: government agencies or geographic collections. Submissions will, however, be made by the agencies to OMB. The Report title: Financial Statements for regions, or (C) significant adverse effects changes to the Call Reports and their Holding Companies. on competition, employment, related instructions will be addressed in Agency form number: FR Y–9C; FR Y– investment, productivity, innovation, or a separate Federal Register notice. Also, 9LP; FR Y–9SP; FR Y–9ES; FR Y–9CS. on the ability of United States-based the Board has temporarily revised the OMB control number: 7100–0128. enterprises to compete with foreign- Consolidated Financial Statements for Effective date: December 31, 2020. based enterprises in domestic and Holding Companies (FR Y–9; OMB No. Frequency: Quarterly, semiannually, export markets.19 7100–0128) to reflect the changes made and annually. For the same reasons set forth above, in this interim final rule. On June 15, Affected public: Businesses or other the agencies are adopting the interim 1984, OMB delegated to the Board for-profit. final rule without the delayed effective authority under the PRA to temporarily Respondents: Bank holding date generally prescribed under the approve a revision to a collection of companies (BHCs), savings and loan Congressional Review Act. The delayed 21 information without providing holding companies (SLHCs), securities effective date required by the opportunity for public comment if the holding companies (SHCs), and U.S. Congressional Review Act does not Board determines that a change in an intermediate holding companies (IHCs) apply to any rule for which an agency existing collection must be instituted (collectively, holding companies (HCs)). for good cause finds (and incorporates quickly and that public participation in Estimated number of respondents: the finding and a brief statement of the approval process would defeat the FR Y–9C (non AA HCs) with less than reasons therefor in the rule issued) that purpose of the collection or $5 billion in total assets—155, notice and public procedure thereon are substantially interfere with the Board’s FR Y–9C (non AA HCs) with $5 impracticable, unnecessary, or contrary ability to perform its statutory billion or more in total assets—189, to the public interest.20 In light of obligation. FR Y–9C (AA HCs)—19, current market uncertainty, the agencies The Board’s delegated authority FR Y–9LP—434, believe that delaying the effective date requires that the Board, after FR Y–9SP—3,960, of the rule would be contrary to the temporarily approving a collection, FR Y–9ES—83, public interest. In addition, as discussed solicit public comment on a proposal to above, the revised definition of eligible 21 A savings and loan holding company (SLHC) extend the temporary collection for a must file one or more of the FR Y–9 family of period not to exceed three years. 15 5 U.S.C. 553(d). reports unless it is: (1) A grandfathered unitary SLHC with primarily commercial assets and thrifts 16 5 U.S.C. 553(d)(1). Therefore, the Board is inviting that make up less than 5 percent of its consolidated 17 comment on a proposal to extend the FR 5 U.S.C. 801 et seq. assets; or (2) a SLHC that primarily holds insurance- 18 5 U.S.C. 801(a)(3). Y–9 reports for three years, with related assets and does not otherwise submit 19 5 U.S.C. 804(2). revision. The Board invites public financial reports with the SEC pursuant to section 20 5 U.S.C. 808. comment on the FR Y–9 reports, which 13 or 15(d) of the Securities Exchange Act of 1934.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15914 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
FR Y–9CS—236. financial statement for HCs that are supervision or examination of a Estimated average hours per response: Employee Stock Ownership Plans. The regulated financial institution. Board uses the FR Y–9CS (a free-form In addition, for both the FR Y–9C Reporting supplement) to collect additional report and the FR Y–9SP report, FR Y–9C (non AA HCs) with less than information deemed to be critical and Schedule HC’s memorandum item 2.b., $5 billion in total assets—40.48, needed in an expedited manner. HCs the name and email address of the FR Y–9C (non AA HCs) with $5 file the FR Y–9C on a quarterly basis, external auditing firm’s engagement billion or more in total assets—46.34, the FR Y–9LP quarterly, the FR Y–9SP partner, is considered confidential FR Y–9C (AA HCs)—47.59, semiannually, the FR Y–9ES annually, commercial information and protected FR Y–9LP—5.27, and the FR Y–9CS on a schedule that is by exemption 4 of the FOIA (5 U.S.C. FR Y–9SP—5.40, determined when this supplement is 552(b)(4)) if the identity of the FR Y–9ES—0.50, used. engagement partner is treated as private FR Y–9CS—0.50. Legal authorization and information by HCs. The Board has Recordkeeping confidentiality: The Board has the assured respondents that this FR Y–9C (non AA HCs) with less than authority to impose the reporting and information will be treated as $5 billion in total assets—1, recordkeeping requirements associated confidential since the collection of this FR Y–9C (non AA HCs) with $5 with the FR Y–9 family of reports on data item was proposed in 2004. billion or more in total assets—1, BHCs pursuant to section 5 of the Bank Aside from the data items described FR Y–9C (AA HCs)—1, Holding Company Act of 1956 (BHC above, the remaining data items on the FR Y–9LP—1, Act) (12 U.S.C. 1844); on SLHCs FR Y–9C report and the FR Y–9SP FR Y–9SP—0.50, pursuant to section 10(b)(2) and (3) of report are generally not accorded FR Y–9ES—0.50, confidential treatment. The data items the Home Owners’ Loan Act (12 U.S.C. FR Y–9CS—0.50. collected on FR Y–9LP, FR Y–9ES, and 1467a(b)(2) and (3)), as amended by Estimated annual burden hours: FR Y–9CS reports, are also generally not sections 369(8) and 604(h)(2) of the accorded confidential treatment. As Reporting Dodd-Frank Wall Street and Consumer provided in the Board’s Rules Regarding Protection Act (Dodd-Frank Act); on FR Y–9C (non AA HCs) with less than Availability of Information (12 CFR part U.S. IHCs pursuant to section 5 of the $5 billion in total assets—25,098, 261), however, a respondent may BHC Act (12 U.S.C 1844), as well as FR Y–9C (non AA HCs) with $5 request confidential treatment for any pursuant to sections 102(a)(1) and 165 billion or more in total assets—35,033, data items the respondent believes of the Dodd-Frank Act (12 U.S.C. FR Y–9C (AA HCs)—3,617, should be withheld pursuant to a FOIA FR Y–9LP—9,149, 511(a)(1) and 5365); and on securities exemption. The Board will review any FR Y–9SP—42,768, holding companies pursuant to section such request to determine if confidential FR Y–9ES—42, 618 of the Dodd-Frank Act (12 U.S.C. treatment is appropriate, and will FR Y–9CS—472. 1850a(c)(1)(A)). The obligation to inform the respondent if the request for submit the FR Y–9 series of reports, and Recordkeeping confidential treatment has been denied. the recordkeeping requirements set forth To the extent the instructions to the FR Y–9C (non AA HCs) with less than in the respective instructions to each FR Y–9C, FR Y–9LP, FR Y–9SP, and FR $5 billion in total assets—620, report, are mandatory. Y–9ES reports each respectively direct FR Y–9C (non AA HCs) with $5 With respect to the FR Y–9C report, the financial institution to retain the billion or more in total assets—756, Schedule HI’s memoranda data item 7(g) workpapers and related materials used FR Y–9C (AA HCs)—76, ‘‘FDIC deposit insurance assessments,’’ in preparation of each report, such FR Y–9LP—1,736, Schedule HC–P’s data item 7(a) material would only be obtained by the FR Y–9SP—3,960, ‘‘Representation and warranty reserves Board as part of the examination or FR Y–9ES—42, for 1–4 family residential mortgage supervision of the financial institution. FR Y–9CS—472. loans sold to U.S. government agencies Accordingly, such information is General description of report: The FR and government sponsored agencies,’’ considered confidential pursuant to Y–9 family of reporting forms continues and Schedule HC–P’s data item 7(b) exemption 8 of the FOIA (5 U.S.C. to be the primary source of financial ‘‘Representation and warranty reserves 552(b)(8)). In addition, the workpapers data on holding companies that for 1–4 family residential mortgage and related materials may also be examiners rely on in the intervals loans sold to other parties’’ are protected by exemption 4 of the FOIA, between on-site inspections. Financial considered confidential commercial and to the extent such financial information data from these reporting forms are used financial information. Such treatment is is treated as confidential by the to detect emerging financial problems, appropriate under exemption 4 of the respondent (5 U.S.C. 552(b)(4)). to review performance and conduct pre- Freedom of Information Act (FOIA) (5 Current actions: The Board has inspection analysis, to monitor and U.S.C. 552(b)(4)) because these data temporarily revised the instructions for evaluate capital adequacy, to evaluate items reflect commercial and financial the FR Y–9C to reflect the modification holding company mergers and information that is both customarily and to the definition of eligible retained acquisitions, and to analyze a holding actually treated as private by the income contained in this interim final company’s overall financial condition to submitter, and which the Board has rule. Specifically, the Board has ensure the safety and soundness of its previously assured submitters will be temporarily revised the instructions for operations. The FR Y–9C, FR Y–9LP, treated as confidential. It also appears the item capturing eligible retained and FR Y–9SP serve as standardized that disclosing these data items may income for HCs not subject to the capital financial statements for the consolidated reveal confidential examination and plan rule on FR Y–9C, Schedule HC–R. holding company. The Board requires supervisory information, and in such The Board has determined that the HCs to provide standardized financial instances, this information would also revisions to the FR Y–9C must be statements to fulfill the Board’s be withheld pursuant to exemption 8 of instituted quickly and that public statutory obligation to supervise these the FOIA (5 U.S.C. 552(b)(8)), which participation in the approval process organizations. The FR Y–9ES is a protects information related to the would defeat the purpose of the
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15915
collection of information, as delaying depository institutions, as well as the a general notice of proposed rulemaking the revisions would result in the benefits of such regulations. In addition, was not published. See 2 U.S.C. 1532(a). collection of inaccurate information and section 302(b) of RCDRIA requires new Therefore, because the OCC has found would interfere with the Board’s ability regulations and amendments to good cause to dispense with notice and to perform its statutory duties. The regulations that impose additional comment for this interim final rule, the Board also proposes to revise the reporting, disclosures, or other new OCC has not prepared an economic instructions for a forthcoming item, requirements on IDIs generally to take analysis of the rule under the UMRA. which will be added to Schedule HC– effect on the first day of a calendar List of Subjects R for the December 31, 2020 as-of date, quarter that begins on or after the date that captures eligible retained income on which the regulations are published 12 CFR Part 3 for HCs subject to the capital plan rule. in final form, with certain exceptions, Administrative practice and The Board also proposes to extend the including for good cause.25 For the procedure, Capital, Federal savings FR Y–9 reports for three years, with the reasons described above, the agencies associations, National banks, Risk. revisions discussed above. find good cause exists under section 302 D. Regulatory Flexibility Act of RCDRIA to publish this interim final 12 CFR Part 217 rule with an immediate effective date. The Regulatory Flexibility Act As such, the final rule will be Administrative practice and 22 (RFA) requires an agency to consider effective on March 20, 2020. procedure, Banks, Banking, Federal whether the rules it proposes will have Nevertheless, the agencies seek Reserve System, Holding companies, a significant economic impact on a comment on RCDRIA. Reporting and recordkeeping substantial number of small entities.23 requirements, Risk, Securities. F. Use of Plain Language The RFA applies only to rules for which 12 CFR Part 324 an agency publishes a general notice of Section 722 of the Gramm-Leach- proposed rulemaking pursuant to 5 Bliley Act 26 requires the Federal Administrative practice and U.S.C. 553(b). As discussed previously, banking agencies to use plain language procedure, Banks, banking, Reporting consistent with section 553(b)(B) of the in all proposed and final rules and recordkeeping requirements, APA, the agencies have determined for published after January 1, 2000. The Savings associations. good cause that general notice and agencies have sought to present the Office of the Comptroller of the opportunity for public comment is interim final rule in a simple and Currency unnecessary, and therefore the agencies straightforward manner. The agencies are not issuing a notice of proposed invite comments on whether there are For the reasons set out in the joint rulemaking. Accordingly, the agencies additional steps it could take to make preamble, the OCC amends part 3 of have concluded that the RFA’s the rule easier to understand. For chapter I, title 12 of the CFR as follows: requirements relating to initial and final example: PART 3—CAPITAL ADEQUACY regulatory flexibility analysis do not • Have we organized the material to STANDARDS apply. suit your needs? If not, how could this Nevertheless, the agencies seek material be better organized? ■ 1. The authority citation for part 3 comment on whether, and the extent to • Are the requirements in the continues to read as follows: which, the interim final rule would regulation clearly stated? If not, how affect a significant number of small could the regulation be more clearly Authority: 12 U.S.C. 93a, 161, 1462, 1462a, entities. stated? 1463, 1464, 1818, 1828(n), 1828 note, 1831n • Does the regulation contain note, 1835, 3907, 3909, and 5412(b)(2)(B). language or jargon that is not clear? If ■ E. Riegle Community Development and 2. Section 3.11 is amended by revising so, which language requires paragraph (a)(2)(i) to read as follows: Regulatory Improvement Act of 1994 clarification? Pursuant to section 302(a) of the • Would a different format (grouping § 3.11 Capital conservation buffer and Riegle Community Development and and order of sections, use of headings, countercyclical capital buffer amount. Regulatory Improvement Act paragraphing) make the regulation (a) * * * (RCDRIA),24 in determining the effective easier to understand? If so, what (2) * * * date and administrative compliance changes to the format would make the (i) Eligible retained income. The requirements for new regulations that regulation easier to understand? eligible retained income of a national impose additional reporting, disclosure, What else could we do to make the bank or Federal savings association is or other requirements on insured regulation easier to understand? the greater of: depository institutions (IDIs), each G. Unfunded Mandates (A) The national bank’s or Federal Federal banking agency must consider, As a general matter, the Unfunded savings association’s net income, consistent with the principle of safety calculated in accordance with the and soundness and the public interest, Mandates Act of 1995 (UMRA), 2 U.S.C. 1531 et seq., requires the preparation of instructions to the Call Report, for the any administrative burdens that such four calendar quarters preceding the regulations would place on depository a budgetary impact statement before promulgating a rule that includes a current calendar quarter, net of any institutions, including small depository distributions and associated tax effects institutions, and customers of Federal mandate that may result in the expenditure by State, local, and tribal not already reflected in net income; and 22 5 U.S.C. 601 et seq. governments, in the aggregate, or by the (B) The average of the national bank’s 23 Under regulations issued by the Small Business private sector, of $100 million or more or Federal savings association’s net Administration, a small entity includes a depository in any one year. However, the UMRA income, calculated in accordance with institution, bank holding company, or savings and does not apply to final rules for which the instructions to the Call Report, for loan holding company with total assets of $600 the four calendar quarters preceding the million or less and trust companies with total assets of $41.5 million or less. See 13 CFR 121.201. 25 12 U.S.C. 4802. current calendar quarter. 24 12 U.S.C. 4802(a). 26 12 U.S.C. 4809. * * * * *
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15916 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
BOARD OF GOVERNORS OF THE 4808; 5371; 5412; Pub. L. 102–233, 105 Stat. correcting an interagency final rule that FEDERAL RESERVE SYSTEM 1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. appeared in the Federal Register on L. 102–242, 105 Stat. 2236, 2355, as amended 12 CFR Chapter II November 13, 2019, regarding the final by Pub. L. 103–325, 108 Stat. 2160, 2233 (12 rule titled ‘‘Regulatory Capital Rule: U.S.C. 1828 note); Pub. L. 102–242, 105 Stat. Authority and Issuance 2236, 2386, as amended by Pub. L. 102–550, Capital Simplification for Qualifying For the reasons stated in the joint 106 Stat. 3672, 4089 (12 U.S.C. 1828 note); Community Banking Organizations.’’ preamble, the Board of Governors of the Pub. L. 111–203, 124 Stat. 1376, 1887 (15 These corrections are necessary to Federal Reserve System amends 12 CFR U.S.C. 78o–7 note). conform a footnote citation in the chapter II as follows: ■ 6. Section 324.11 is amended by FDIC’s amendment to its codified revising paragraph (a)(2)(i) to read as appendix for the Interagency Guidelines PART 217—CAPITAL ADEQUACY OF follows: for Real Estate Lending Policies with the BANK HOLDING COMPANIES, footnote citation in the regulations of SAVINGS AND LOAN HOLDING § 324.11 Capital conservation buffer and the other federal banking agencies that COMPANIES, AND STATE MEMBER countercyclical capital buffer amount. issued that final rule. BANKS (REGULATION Q) (a) * * * DATES: Effective March 20, 2020. (2) * * * FOR FURTHER INFORMATION CONTACT: ■ 3. The authority citation for part 217 (i) Eligible retained income. The FDIC: Beverlea S. Gardner, Senior continues to read as follows: eligible retained income of an FDIC- Examination Specialist, bgardner@ supervised institution is the greater of: Authority: 12 U.S.C. 248(a), 321–338a, fdic.gov, 202–898–3640; Policy and (A) The FDIC-supervised institution’s 481–486, 1462a, 1467a, 1818, 1828, 1831n, Program Development Section, Division 1831o, 1831p–1, 1831w, 1835, 1844(b), 1851, net income, calculated in accordance of Risk Management Supervision; or 3904, 3906–3909, 4808, 5365, 5368, 5371, with the instructions to the Call Report, Michael Phillips, Counsel, mphillips@ and 5371 note. for the four calendar quarters preceding fdic.gov; Catherine Wood, Counsel, the current calendar quarter, net of any ■ 4. Section 217.11 is amended by [email protected]; Francis Kuo, Counsel, distributions and associated tax effects revising paragraph (a)(2)(i) to read as [email protected], Supervision Branch, not already reflected in net income; and Legal Division, Federal Deposit follows: (B) The average of the FDIC- Insurance Corporation, 550 17th Street supervised institution’s net income, § 217.11 Capital conservation buffer, NW, Washington, DC 20429. countercyclical capital buffer amount, and calculated in accordance with the SUPPLEMENTARY INFORMATION: GSIB surcharge. instructions to Call Report, for the four On November 13, 2019, the Office of the (a) * * * calendar quarters preceding the current calendar quarter. Comptroller of the Currency (OCC), (2) * * * Board of Governors of the Federal (i) Eligible retained income. The * * * * * Reserve System (Board), and the FDIC eligible retained income of a Board- Dated: March 17, 2020. (collectively, the agencies) published a regulated institution is the greater of: Morris R. Morgan, final rule ‘‘Regulatory Capital Rule: (A) The Board-regulated institution’s First Deputy Comptroller, Comptroller of the Capital Simplification for Qualifying net income, calculated in accordance Currency. Community Banking Organizations’’ with the instructions to the FR Y–9C or (CBLR final rule).1 The CBLR final rule Call Report, as applicable, for the four By order of the Board of Governors of the Federal Reserve System. provides for a simple measure of capital calendar quarters preceding the current adequacy for certain community Ann E. Misback, calendar quarter, net of any banking organizations, consistent with distributions and associated tax effects Secretary of the Board. section 201 of the Economic Growth, not already reflected in net income; and Federal Deposit Insurance Corporation. Regulatory Relief, and Consumer (B) The average of the Board-regulated By order of the Board of Directors. Protection Act. institution’s net income, calculated in Dated at Washington, DC, on March 16, Under the CBLR final rule, depository accordance with the instructions to the 2020. institutions and depository institution FR Y–9C or Call Report, as applicable, Robert E. Feldman, holding companies that have less than for the four calendar quarters preceding Executive Secretary. $10 billion in total consolidated assets the current calendar quarter. [FR Doc. 2020–06051 Filed 3–19–20; 8:45 am] and meet other qualifying criteria, * * * * * BILLING CODE 6210–01–P including a leverage ratio of greater than 9 percent, will be eligible to opt into the Federal Deposit Insurance Corporation community bank leverage ratio 12 CFR Chapter III FEDERAL DEPOSIT INSURANCE framework (CBLR banks). In addition, Authority and Issuance CORPORATION under the CBLR final rule, the community bank leverage ratio For the reasons set forth in the joint 12 CFR Part 365 framework incorporates tier I capital in preamble, chapter III of title 12 of the RIN 3064–AE91 the numerator of that leverage ratio. The Code of Federal Regulations is amended CBLR final rule also amends standards as follows: Regulatory Capital Rule: Capital referencing total capital so that an Simplification for Qualifying electing CBLR bank uses tier I capital in PART 324—CAPITAL ADEQUACY OF Community Banking Organizations; the numerator of that leverage ratio FDIC–SUPERVISED INSTITUTIONS Correction instead of total capital, which includes 2 ■ tier 2 capital. 5. The authority citation for part 324 AGENCY: Federal Deposit Insurance This correcting amendment will continues to read as follows: Corporation. conform appendix A to subpart A of Authority: 12 U.S.C. 1815(a), 1815(b), ACTION: Correcting amendment. 1816, 1818(a), 1818(b), 1818(c), 1818(t), 1 84 FR 61776 (Nov. 13, 2019). 1819(Tenth), 1828(c), 1828(d), 1828(i), SUMMARY: The Federal Deposit 2 See the definition of ‘‘total capital’’ in the FDIC’s 1828(n), 1828(o), 1831o, 1835, 3907, 3909, Insurance Corporation (FDIC) is capital rules in 12 CFR 324.2.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15917
part 365 of the FDIC’s Real Estate 435–9668. If you require this document and enforcement matters.1 Depending Lending Standards regulation to that of in an alternative electronic format, on the nature and extent of an entity’s the other Federal banking agencies. please contact CFPB_Accessibility@ actions, the Bureau has a wide range of cfpb.gov. List of Subjects in 12 CFR Part 365 options available to properly account for responsible conduct. For example, in SUPPLEMENTARY INFORMATION: In Banks, Banking, Mortgages. light of an entity’s responsible conduct, executing its statutory responsibilities, For the reasons stated in the the Bureau could exercise its discretion the Bureau places primary emphasis on preamble, the FDIC corrects 12 CFR part to close an enforcement investigation preventing harm to consumers. 365 by making the following correcting with no action or decide not to include amendment: Preventing harm to consumers is among the most effective and efficient ways of Matters Requiring Attention in an exam report or supervisory letter. Even if the PART 365—REAL ESTATE LENDING ensuring consumer access to a fair, Bureau does take action, those who STANDARDS transparent, and competitive financial market. In 2013, the Bureau issued a engage in responsible conduct may ■ 1. The authority citation for part 365 Bulletin that identified several activities receive other types of credit for engaging is revised to read as follows: that individuals or businesses, in such behavior. For entities within the Bureau’s supervisory authority, the Authority: 12 U.S.C. 1828(o) and 5101 et collectively ‘‘entities,’’ could engage in seq. that could prevent and minimize harm Bureau’s Division of Supervision, Enforcement, and Fair Lending makes ■ 2. Amend appendix A to subpart A of to consumers, referring to these activities as ‘‘responsible conduct.’’ The determinations of whether violations part 365 by revising footnote 4 to read should be resolved through non-public as follows: Bureau is issuing this updated Bulletin to clarify its approach to responsible supervisory action or a possible public Appendix A to Subpart A of Part 365— conduct and to reiterate the importance enforcement action through its Action Interagency Guidelines for Real Estate of such conduct. Review Committee (ARC) process. The ARC process includes factors that are Lending Policies In the first instance, the Bureau’s closely aligned with the elements of * * * * * focus is on building a culture of responsible conduct. Thus, for entities 4 For state non-member banks and state compliance among entities, including savings associations, ‘‘total capital’’ refers to covered persons and service providers, under the Bureau’s supervisory that term described in § 324.2 of this chapter. in order to minimize the likelihood of authority, responsible conduct could * * * * * a violation of Federal consumer result in resolving violations non- publicly through the supervisory Federal Deposit Insurance Corporation. financial law, and thereby prevent harm to consumers. When a violation of law process. Responsible conduct also could Dated in Washington, DC, on March 12, result in the Bureau’s reducing the 2020. does occur, swift and effective actions taken by an entity to address the number of violations pursued or Robert E. Feldman, reducing the sanctions or penalties Executive Secretary. violation can minimize resulting harm to consumers. Specifically, an entity sought by the Bureau in any public [FR Doc. 2020–05441 Filed 3–19–20; 8:45 am] may self-assess its compliance with enforcement action. The Bureau intends BILLING CODE 6714–01–P Federal consumer financial law, self- to consider the extent and significance report to the Bureau when it identifies of an entity’s responsible conduct, with likely violations, remediate the harm more extensive and important BUREAU OF CONSUMER FINANCIAL responsible conduct leading to more PROTECTION resulting from these likely violations, and cooperate above and beyond what substantial consideration. 12 CFR Chapter X is required by law with any Bureau This guidance, and its description of review or investigation. factors that may warrant favorable Responsible Business Conduct: Self- Such activities are in the public consideration, is not adopting any rule Assessing, Self-Reporting, interest. Depending on its form and or formula to be applied in all matters. Remediating, and Cooperating (CFPB substance, responsible conduct can The importance of each factor in a given BULLETIN 2020–01) improve the Bureau’s ability to matter, and the way in which the Bureau evaluates each factor, will AGENCY: Bureau of Consumer Financial promptly detect violations of Federal Protection. consumer financial law, increase the depend on the circumstances. The effectiveness and efficiency of its Bureau is not in any way limiting its ACTION: Bulletin. supervisory and enforcement work, discretion and responsibility to evaluate SUMMARY: In 2013, the Bureau of enable the Bureau to focus its finite each matter individually on its own Consumer Financial Protection (Bureau) resources on their best use for the facts and circumstances. In short, the issued a Bulletin that identified several mission, and help more consumers in fact that an entity may argue it has activities that businesses could engage more matters promptly receive financial satisfied some or even all of the factors in that could prevent and minimize redress and additional meaningful set forth in this guidance will not harm to consumers, referring to these remedies for any harm they necessarily foreclose the Bureau from activities as ‘‘responsible conduct.’’ The experienced. bringing any enforcement action or Bureau is issuing this updated Bulletin Because responsible conduct is in the to clarify its approach to responsible public interest, the Bureau seeks to 1 Other factors the Bureau considers in conduct and to reiterate the importance encourage it. Accordingly, if an entity determining how to resolve violations of Federal of such conduct. consumer financial law include, without limitation, meaningfully engages in responsible (1) the nature, extent, and severity of the violations DATES: This Bulletin is applicable on conduct, the Bureau intends to identified and any associated consumer harm; (2) March 20, 2020. favorably consider such conduct, along an entity’s demonstrated effectiveness and FOR FURTHER INFORMATION CONTACT: with other relevant factors, in willingness to address the violations; and (3) the importance of deterrence, considering the Colin Reardon, Division of Supervision, addressing violations of Federal significance and pervasiveness of the potential Enforcement, and Fair Lending, at (202) consumer financial law in supervisory consumer harm.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15918 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
seeking any remedy if it believes such 4. How was the violation detected and supervisory activity, public company a course is necessary and appropriate. who uncovered it? If identified by the reporting requirements, the emergence entity, how did the entity identify the of a whistleblower, consumer Factors Used To Evaluate and issue (e.g., from customer complaints, complaints or actions, or the conduct of Acknowledge Responsible Conduct audits or monitoring based on routine a Bureau investigation? As noted previously, the Bureau risk assessments, or whistleblower Remediating principally considers four categories of activity)? Was the identification the conduct when evaluating whether some result of a robust and effective When violations of Federal consumer form of credit is warranted in an compliance management system financial law have occurred, the enforcement investigation or including adequate internal audit, Bureau’s remedial priorities include supervisory matter: Self-assessing, self- monitoring, and complaint review obtaining full redress for those injured reporting, remediating, and cooperating. processes? Was identification prompted by the violations, ensuring that the However, if an entity engages in another by an impending exam or an entity who violated the law implements type of activity particular to its situation investigation by a regulator? measures designed to prevent the that is both substantial and meaningful, 5. What self-assessment mechanisms violations from recurring, and, when the Bureau may take that activity into were in place to effectively prevent, appropriate, effectuating changes in the consideration. identify, or limit the conduct that entity’s future conduct for the Listed below are some of the factors occurred, elevate it appropriately, and protection and/or benefit of consumers. the Bureau intends to consider in preserve relevant information? In what Questions the Bureau intends to determining whether and how much to ways, if any, were the entity’s self- examine in determining whether to take into account responsible conduct. assessing mechanisms particularly provide favorable consideration for This list is not exhaustive, and some of noteworthy and effective? remediation activity regarding likely violations of Federal consumer financial the factors identified may relate to more Self-Reporting than one category of responsible law include: This factor substantially advances the conduct. 1. What steps did the entity take upon Bureau’s protection of consumers and learning of the violation? Did it Self-Assessing enhances its mission by reducing the immediately stop the violation? How resources it must expend to identify This factor, which can also be long after the violation was uncovered violations and making those resources described as self-monitoring or self- did it take to implement an effective available for other significant matters. auditing, reflects a proactive response? Prompt self-reporting of likely 2. What steps did the entity take to commitment by an entity to use violations also represents concrete discipline the individuals responsible resources for the prevention and early evidence of an entity’s commitment to for the violation and to prevent the detection of violations of Federal responsibly address the conduct at individuals from repeating the same or consumer financial law. The Bureau issue. Conversely, efforts to conceal a similar conduct? recognizes that a robust compliance likely violation from the Bureau 3. Did the entity conduct an analysis management system appropriate for the represent concrete evidence of the to determine the number of affected size and complexity of an entity’s entity’s lack of commitment to consumers and the extent to which they business will not prevent all violations, responsibly address the conduct at were harmed? Were consumers made but it will reduce the risk of violations, issue. For these reasons, the Bureau whole through compensation and other and it will often facilitate early considers this factor in its evaluation of appropriate relief, as applicable? Did detection of likely violations, which can an entity’s overall conduct. Of note, affected consumers receive appropriate limit the size and scope of consumer however, an entity’s self-reporting of a information related to the violations harm. Questions the Bureau intends to potential issue does not require it to within a reasonable period of time? consider in determining whether to concede that it has violated the law. 4. What assurances are there that the provide favorable consideration for self- Questions the Bureau intends to violation (or a similar violation) is assessing activity include: examine in determining whether to unlikely to recur? Did the entity take 1. What resources does the entity provide favorable consideration for self- measures, such as a root-cause analysis, devote to compliance? How robust and reporting of likely violations of Federal to ensure that the issues were addressed effective is its compliance management consumer financial law include: and resolved in a manner likely to system? Is it appropriate for the size and 1. Did the entity completely and prevent and minimize future violations? complexity of the entity’s business? effectively disclose the existence of the Similarly, have the entity’s business 2. Has the entity taken steps to conduct to the Bureau, to other practices, policies, and procedures improve its compliance management regulators, and, if applicable, to self- changed to remove harmful incentives system when deficiencies have been regulatory organizations? Did the entity and encourage proper compliance? identified either by itself or external report any additional related Cooperating regulators? Did the entity ignore obvious misconduct likely to have occurred? deficiencies in compliance procedures? 2. Did the entity report the conduct to Unlike self-assessing and remediating, Does the entity have a culture of the Bureau without unreasonable delay? which may occur with or without compliance? If it delayed, what justification, if any, Bureau involvement, cooperating relates 3. Considering the nature of the existed for the delay? How did the delay to the quality of an entity’s interactions violation, did the entity identify the affect the preservation of relevant with the Bureau after the Bureau issue? What is the nature of the information, the ability of the Bureau to becomes aware of a likely violation of violation or likely violation and how conduct its review or investigation, or Federal consumer financial law, either did it arise? Was the conduct pervasive the interests of affected consumers? through an entity’s self-reporting or the or an isolated act? How long did it last? 3. Did the entity proactively self- Bureau’s own efforts. Credit for Did senior personnel participate in, or report, or wait until discovery or cooperating in this context depends on turn a blind eye toward, obvious indicia disclosure was likely to happen anyway, the extent to which an entity takes steps of misconduct? for example due to impending above and beyond what the law requires
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15919
in its interactions with the Bureau. products and services, is in the public Airbus SAS Model A318–112, A319– Simply meeting those legal obligations interest, and supports the Bureau’s 111, A319–112, A319–113, A319–114, is not a factor that the Bureau intends efforts to prevent consumer harm. A319–115, A319–131, A319–132, A319– to give any special consideration in a 133, A320–211, A320–212, A320–214, Regulatory Requirements supervisory review or enforcement A320–216, A320–231, A320–232, A320– investigation. Of note, the Bureau does This Bulletin is a non-binding general 233, A320–251N, and A320–271N not consider an entity’s good faith statement of policy articulating airplanes. This AD was prompted by a assertion of privilege in an enforcement considerations relevant to the Bureau’s report of marginal clearance between investigation to be a lack of cooperation; exercise of its supervisory and certain fuel sensor covers on both left- an entity asserting privileges in good enforcement authority. It is therefore hand (LH) and right-hand (RH) wings. faith remains eligible for potential exempt from notice and comment This AD requires the replacement of favorable consideration for cooperating. rulemaking requirements under the certain fuel level sensor brackets, as Questions the Bureau intends to Administrative Procedure Act pursuant specified in a European Union Aviation examine in determining whether to to 5 U.S.C. 553(b). Because no notice of Safety Agency (EASA) AD, which is provide favorable consideration for proposed rulemaking is required, the incorporated by reference. The FAA is cooperating in a Bureau matter include: Regulatory Flexibility Act does not issuing this AD to address the unsafe 1. Did the entity cooperate promptly require an initial or final regulatory condition on these products. and completely with the Bureau and flexibility analysis. 5 U.S.C. 603(a), DATES: This AD is effective April 24, other appropriate regulatory and law 604(a). The Bureau has determined that 2020. enforcement bodies? Was that this Bulletin does not impose any new The Director of the Federal Register cooperation present throughout the or revise any existing recordkeeping, approved the incorporation by reference course of the review and/or reporting, or disclosure requirements on of a certain publication listed in this AD investigation? covered entities or members of the as of April 24, 2020. 2. Did the entity take proper steps to public that would be collections of ADDRESSES: For the material develop the facts quickly and information requiring OMB approval incorporated by reference (IBR) in this completely and to fully share its under the Paperwork Reduction Act, 44 findings with the Bureau? Did it AD, contact the EASA, Konrad- U.S.C. 3501 et seq. Adenauer-Ufer 3, 50668 Cologne, undertake a thorough review of the Pursuant to the Congressional Review nature, extent, origins, and Germany; telephone +49 221 89990 Act, 5 U.S.C. 801 et seq., the Bureau will 1000; email [email protected]; consequences of the violation and submit a report containing this policy related behavior? Who conducted the internet www.easa.europa.eu. You may statement and other required find this IBR material on the EASA review and did they have a vested information to the United States Senate, interest or bias in the outcome? Were website at https://ad.easa.europa.eu. the United States House of You may view this IBR material at the scope limitations placed on the review? Representatives, and the Comptroller If so, why and what were they? FAA, Transport Standards Branch, 2200 General of the United States prior to its South 216th St., Des Moines, WA. For 3. Did the entity promptly make applicability date. The Office of available to the Bureau the results of its information on the availability of this Information and Regulatory Affairs has material at the FAA, call 206–231–3195. review and provide sufficient designated this policy statement as not documentation reflecting its response to It is also available in the AD docket on a ‘‘major rule’’ as defined by 5 U.S.C. the internet at https:// the situation? Did it provide evidence 804(2). with sufficient precision and www.regulations.gov by searching for completeness to facilitate, among other Dated: March 6, 2020. and locating Docket No. FAA–2019– things, appropriate actions against Kathleen L. Kraninger, 0863. others who violated the law? Did the Director, Bureau of Consumer Financial Examining the AD Docket entity produce a complete and thorough Protection. You may examine the AD docket on written report detailing the findings of [FR Doc. 2020–05505 Filed 3–19–20; 8:45 am] the internet at https:// its review? Did it voluntarily disclose BILLING CODE 4810–AM–P material information not directly www.regulations.gov by searching for requested by the Bureau or that and locating Docket No. FAA–2019– 0863; or in person at Docket Operations otherwise might not have been DEPARTMENT OF TRANSPORTATION uncovered? Did the entity provide all between 9 a.m. and 5 p.m., Monday relevant, non-privileged information Federal Aviation Administration through Friday, except Federal holidays. and make assertions of privilege in good The AD docket contains this final rule, faith? 14 CFR Part 39 the regulatory evaluation, any 4. Did the entity direct its employees comments received, and other [Docket No. FAA–2019–0863; Product to cooperate with the Bureau and make information. The address for Docket Identifier 2019–NM–157–AD; Amendment Operations is U.S. Department of reasonable efforts to secure such 39–19867; AD 2020–05–17] cooperation? Did it make the most Transportation, Docket Operations, M– appropriate person(s) available for RIN 2120–AA64 30, West Building Ground Floor, Room interviews, consultation, and/or sworn W12–140, 1200 New Jersey Avenue SE, Airworthiness Directives; Airbus SAS statements? Washington, DC 20590. The Bureau intends for this guidance Airplanes FOR FURTHER INFORMATION CONTACT: to encourage entities subject to the AGENCY: Federal Aviation Sanjay Ralhan, Aerospace Engineer, Bureau’s supervisory and enforcement Administration (FAA), Department of International Section, Transport authority to engage in more Transportation (DOT). Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; ‘‘responsible conduct,’’ as defined ACTION: Final rule. herein. Such an outcome, the Bureau telephone and fax 206–231–3223; email believes, would benefit both consumers SUMMARY: The FAA is adopting a new [email protected]. and providers of consumer financial airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15920 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Discussion Request To Clarify Affected Airplanes Service Bulletin A320–57–1193, as and Instructions specified in paragraph (3) of EASA AD The EASA, which is the Technical American Airlines (AAL) requested 2019–0197. The FAA has not changed Agent for the Member States of the this AD in this regard. European Union, has issued EASA AD that the NPRM be revised to clarify the 2019–0197, dated August 14, 2019 affected airplanes. AAL stated that Request To Exclude Airplanes (‘‘EASA AD 2019–0197’’) (also referred clarification is needed on which to as the Mandatory Continuing airplanes fall outside of Group 1, 2, or Spirit Airlines requested that Airworthiness Information, or ‘‘the 3, but still have not embodied Airbus airplanes without factory modification MCAI’’), to correct an unsafe condition modification (mod) 158133 and are 160001 be excluded from the for certain Airbus SAS Model A318– therefore affected by EASA AD 2019– requirements of the proposed AD. Spirit 112, A319–111, A319–112, A319–113, 0197. AAL requested instructions on Airlines stated that if the proposed AD A319–114, A319–115, A319–131, A319– how to comply with the actions is applicable to aircraft without the 132, A319–133, A320–211, A320–212, specified in the proposed AD for those production modification 160001, then A320–214, A320–215, A320–216, A320– airplanes in ‘‘Group 4’’ (EASA AD EASA AD 2019–0197 gives no method 231, A320–232, A320–233, A320–251N, 2019–0197 defines Group 1, 2, and 3 of compliance. Spirit Airlines stated its and A320–271N airplanes. Model only). Alternatively, AAL recommended airplanes do not fall within Group 1, A320–215 airplanes are not certified by that the proposed AD applicability Group 2, or Group 3, as specified in the FAA and are not included on the reflect Group 1, 2, and 3 airplanes only. EASA AD 2019–0197. Spirit Airlines U.S. type certificate data sheet; this AD The FAA agrees to clarify. This AD noted that the applicability section of therefore does not include those applies to Airbus airplanes referenced EASA AD 2019–0197 excludes only airplanes in the applicability. in paragraph (c) of this AD as identified aircraft with factory modification in EASA AD 2019–0197, i.e., those that The FAA issued a notice of proposed 158133. have not embodied Airbus modification rulemaking (NPRM) to amend 14 CFR The FAA disagrees with the 158133. If modification 158133 is not part 39 by adding an AD that would commenter’s request. If Airbus installed on an airplane, and none of the apply to certain Airbus SAS Model modification 158133 is not installed, criteria associated with the definitions A318–112, A319–111, A319–112, A319– and none of the criteria associated with of Group 1, 2, or 3 airplanes is met, then 113, A319–114, A319–115, A319–131, the definitions for Group 1, 2, and 3 those airplanes (referred to as group 4 A319–132, A319–133, A320–211, A320– airplanes is met, then those airplanes by the commenter) are subject only to 212, A320–214, A320–215, A320–216, are still subject to the parts installation paragraph (4) of EASA AD 2019–0197, A320–231, A320–232, A320–233, A320– requirements of this AD, as specified in which contains parts installation 251N, and A320–271N airplanes. The paragraph (4) of EASA AD 2019–0197. requirements. Paragraph (4) of EASA NPRM published in the Federal Paragraph (4) of EASA AD 2019–0197 AD 2019–0197 also applies to Group 1, Register on November 7, 2019 (84 FR 2, and 3 airplanes. The FAA has not applies to all airplanes identified in 60001). The NPRM was prompted by a changed this AD in this regard. paragraph (c), ‘‘Applicability,’’ of this report of marginal clearance between AD, which includes all manufacturer certain fuel sensor covers on both LH Request To Clarify Actions for Certain serial numbers (MSN) of the referenced and RH wings. The NPRM proposed to Airplanes models, except those having Airbus require the replacement of certain fuel United Airlines (UAL) stated its fleet modification 158133 embodied in level sensor brackets. will be identified as Group 3 as production. The FAA has not changed The FAA is issuing this AD to address specified in EASA AD 2019–0197 this AD in this regard. marginal clearance between certain fuel because Airbus Service Bulletin A320– Conclusion sensor covers on rib 24 and the crown 28–1216 is being implemented on its of stringer 15 on both LH and RH wings. entire fleet. UAL noted that if it were to The FAA reviewed the relevant data, A possible contact between the shield incorporate Airbus Service Bulletin considered the comments received, and and the stringer, and/or possible motion A320–57–1193 on its fleet, Airbus determined that air safety and the between the stringer and the shield, can would need to be contacted for public interest require adopting this make the gap more susceptible to instructions. The FAA infers UAL is final rule as proposed, except for minor sparking in case of lightning strike. This requesting that the FAA clarify the editorial changes. The FAA has condition could create a source of actions for Group 2 and Group 3 determined that these minor changes: ignition in a fuel tank vapor space, airplanes. • Are consistent with the intent that possibly resulting in a fire or explosion The FAA agrees to clarify. Group 3 and consequent loss of the airplane. See was proposed in the NPRM for airplanes are those having embodied addressing the unsafe condition; and the MCAI for additional background Airbus Service Bulletin A320–28–1216 • information. but not Airbus Service Bulletin A320– Do not add any additional burden upon the public than was already Comments 57–1193. However, once operators incorporate Airbus Service Bulletin proposed in the NPRM. The FAA gave the public the A320–28–1216 and Airbus Service Related IBR Material Under 1 CFR Part opportunity to participate in developing Bulletin A320–57–1193 on an airplane, 51 this final rule. The following presents that airplane is a Group 2 airplane as the comments received on the NPRM defined in EASA AD 2019–0197; EASA AD 2019–0197 describes and the FAA’s response to each operators then must comply with the procedures for the replacement of comment. requirements of this AD that correspond certain fuel level sensor brackets. This Support for the NPRM to the actions specified in paragraph (2) material is reasonably available because of EASA AD 2019–0197. The FAA also the interested parties have access to it Air Line Pilots Association, acknowledges UAL’s comment through their normal course of business International (ALPA) agreed with the regarding operators needing to contact or by the means identified in the intent of the NPRM. Airbus prior to incorporating Airbus ADDRESSES section.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15921
Costs of Compliance The FAA estimates the following costs The FAA estimates that this AD to comply with this AD: affects 776 airplanes of U.S. registry.
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost on U.S. Labor cost Parts cost Cost per product operators
Up to 7 work-hour × $85 per hour = Up to $595 ...... Up to $609 Up to $1,204 Up to $934,304.
Authority for This Rulemaking PART 39—AIRWORTHINESS compliance times specified in, and in accordance with, EASA AD 2019–0197. Title 49 of the United States Code DIRECTIVES specifies the FAA’s authority to issue (h) Exceptions to EASA AD 2019–0197 ■ rules on aviation safety. Subtitle I, 1. The authority citation for part 39 (1) Where EASA AD 2019–0197 refers to its section 106, describes the authority of continues to read as follows: effective date, this AD requires using the the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD. Aviation Programs, describes in more (2) The ‘‘Remarks’’ section of EASA AD detail the scope of the Agency’s § 39.13 [Amended] 2019–0197 does not apply to this AD. authority. ■ 2. The FAA amends § 39.13 by adding (i) Other FAA AD Provisions The FAA is issuing this rulemaking the following new airworthiness The following provisions also apply to this under the authority described in directive (AD): AD: Subtitle VII, Part A, Subpart III, Section (1) Alternative Methods of Compliance 44701: ‘‘General requirements.’’ Under 2020–05–17 Airbus SAS: Amendment 39– (AMOCs): The Manager, International that section, Congress charges the FAA 19867; Docket No. FAA–2019–0863; Section, Transport Standards Branch, FAA, Product Identifier 2019–NM–157–AD. with promoting safe flight of civil has the authority to approve AMOCs for this aircraft in air commerce by prescribing (a) Effective Date AD, if requested using the procedures found regulations for practices, methods, and in 14 CFR 39.19. In accordance with 14 CFR This AD is effective April 24, 2020. 39.19, send your request to your principal procedures the Administrator finds (b) Affected ADs inspector or local Flight Standards District necessary for safety in air commerce. Office, as appropriate. If sending information None. This regulation is within the scope of directly to the International Section, send it that authority because it addresses an (c) Applicability to the attention of the person identified in unsafe condition that is likely to exist or This AD applies to Airbus SAS Model paragraph (j) of this AD. Information may be develop on products identified in this A318–112, A319–111, A319–112, A319–113, emailed to: 9-ANM-116-AMOC-REQUESTS@ rulemaking action. A319–114, A319–115, A319–131, A319–132, faa.gov. Before using any approved AMOC, A319–133, A320–211, A320–212, A320–214, notify your appropriate principal inspector, Regulatory Findings A320–216, A320–231, A320–232, A320–233, or lacking a principal inspector, the manager This AD will not have federalism A320–251N, and A320–271N airplanes, of the local flight standards district office/ implications under Executive Order certificated in any category, as identified in certificate holding district office. European Union Aviation Safety Agency (2) Contacting the Manufacturer: For any 13132. This AD will not have a requirement in this AD to obtain instructions substantial direct effect on the States, on (EASA) AD 2019–0197, dated August 14, 2019 (‘‘EASA AD 2019–0197’’). from a manufacturer, the instructions must the relationship between the national be accomplished using a method approved government and the States, or on the (d) Subject by the Manager, International Section, distribution of power and Air Transport Association (ATA) of Transport Standards Branch, FAA; or EASA; responsibilities among the various America Code 28, Fuel. or Airbus SAS’s EASA Design Organization levels of government. Approval (DOA). If approved by the DOA, For the reasons discussed above, I (e) Reason the approval must include the DOA- certify that this AD: This AD was prompted by a report of authorized signature. (1) Is not a ‘‘significant regulatory marginal clearance between certain fuel (3) Required for Compliance (RC): For any action’’ under Executive Order 12866, sensor covers on rib 24 and the crown of service information referenced in EASA AD 2019–0197 that contains RC procedures and (2) Will not affect intrastate aviation stringer 15 on both left-hand (LH) and right- hand (RH) wings. A possible contact between tests: Except as required by paragraph (i)(2) in Alaska, and the shield and the stringer, and/or possible of this AD, RC procedures and tests must be (3) Will not have a significant motion between the stringer and the shield, done to comply with this AD; any procedures economic impact, positive or negative, can make the gap more susceptible to or tests that are not identified as RC are on a substantial number of small entities sparking in case of lightning strike. The FAA recommended. Those procedures and tests under the criteria of the Regulatory is issuing this AD to address this condition, that are not identified as RC may be deviated Flexibility Act. which could create a source of ignition in a from using accepted methods in accordance fuel tank vapor space, possibly resulting in with the operator’s maintenance or List of Subjects in 14 CFR Part 39 a fire or explosion and consequent loss of the inspection program without obtaining Air transportation, Aircraft, Aviation airplane. approval of an AMOC, provided the procedures and tests identified as RC can be safety, Incorporation by reference, (f) Compliance Safety. done and the airplane can be put back in an Comply with this AD within the airworthy condition. Any substitutions or Adoption of the Amendment compliance times specified, unless already changes to procedures or tests identified as done. RC require approval of an AMOC. Accordingly, under the authority delegated to me by the Administrator, (g) Requirements (j) Related Information the FAA amends 14 CFR part 39 as Except as specified in paragraph (h) of this For more information about this AD, follows: AD: Comply with all required actions and contact Sanjay Ralhan, Aerospace Engineer,
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15922 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
International Section, Transport Standards –216, –232, and –233 airplanes. This AD Discussion Branch, FAA, 2200 South 216th St., Des was prompted by a report that a possible The EASA, which is the Technical Moines, WA 98198; telephone and fax 206– interference was identified between 1M 231–3223; email [email protected]. Agent for the Member States of the and 2M wiring harnesses and the European Union, has issued EASA AD (k) Material Incorporated by Reference tapping units, and that the interference 2019–0227, dated September 11, 2019 (1) The Director of the Federal Register could adversely affect the lavatory (‘‘EASA AD 2019–0227’’) (also referred approved the incorporation by reference smoke detection system and/or the to as the Mandatory Continuing (IBR) of the service information listed in this passenger oxygen system. This AD Airworthiness Information, or ‘‘the paragraph under 5 U.S.C. 552(a) and 1 CFR requires modifying the 1M and 2M MCAI’’), to correct an unsafe condition part 51. harness routing, as specified in a for certain Airbus SAS Model A319– (2) You must use this service information European Union Aviation Safety Agency 112, –115, and –132 airplanes; and as applicable to do the actions required by (EASA) AD, which is incorporated by this AD, unless this AD specifies otherwise. Model A320–214, –216, –232 and –233 (i) European Union Aviation Safety Agency reference. The FAA is issuing this AD airplanes. (EASA) AD 2019–0197, dated August 14, to address the unsafe condition on these The FAA issued a notice of proposed 2019. products. rulemaking (NPRM) to amend 14 CFR (ii) [Reserved] DATES: This AD is effective April 24, part 39 by adding an AD that would (3) For information about EASA AD 2019– 2020. apply to certain Airbus SAS Model 0197, contact the EASA, Konrad-Adenauer- A319–112, –115, and –132 airplanes; Ufer 3, 50668 Cologne, Germany; telephone The Director of the Federal Register and Model A320–214, –216, –232, and +49 221 89990 6017; email ADs@ approved the incorporation by reference –233 airplanes. The NPRM published in easa.europa.eu; Internet of a certain publication listed in this AD the Federal Register on November 22, www.easa.europa.eu. You may find this as of April 24, 2020. EASA AD on the EASA website at https:// 2019 (84 FR 64443). The NPRM was ad.easa.europa.eu. ADDRESSES: For the material prompted by a report that a possible (4) You may view this material at the FAA, incorporated by reference (IBR) in this interference was identified between 1M Transport Standards Branch, 2200 South AD, contact the EASA, Konrad- and 2M wiring harnesses and the 216th St., Des Moines, WA. For information Adenauer-Ufer 3, 50668 Cologne, tapping units, and that the interference on the availability of this material at the Germany; telephone +49 221 89990 could adversely affect the lavatory FAA, call 206–231–3195. This material may 1000; email [email protected]; smoke detection system and/or the be found in the AD docket on the internet at internet www.easa.europa.eu. You may passenger oxygen system. The NPRM https://www.regulations.gov by searching for find this IBR material on the EASA proposed to require modifying the 1M and locating Docket No. FAA–2019–0863. and 2M harness routing, as specified in (5) You may view this material that is website at https://ad.easa.europa.eu. incorporated by reference at the National You may view this IBR material at the an EASA AD. Archives and Records Administration FAA, Transport Standards Branch, 2200 The FAA is issuing this AD to address (NARA). For information on the availability South 216th St., Des Moines, WA. For possible loss of lavatory smoke of this material at NARA, email fedreg.legal@ information on the availability of this detection and/or passenger oxygen nara.gov, or go to: https://www.archives.gov/ material at the FAA, call 206–231–3195. system commands, which could prevent federal-register/cfr/ibr-locations.html. It is also available in the AD docket on the delivery of passenger oxygen during Issued on March 7, 2020. the internet at https:// an emergency and possibly result in Gaetano A. Sciortino, www.regulations.gov by searching for injury to airplane occupants. See the MCAI for additional background Deputy Director for Strategic Initiatives, and locating Docket No. FAA–2019– Compliance & Airworthiness Division, 0873. information. Aircraft Certification Service. Examining the AD Docket Comments [FR Doc. 2020–05707 Filed 3–19–20; 8:45 am] The FAA gave the public the BILLING CODE 4910–13–P You may examine the AD docket on opportunity to participate in developing the internet at https:// this final rule. The following presents www.regulations.gov by searching for the comments received on the NPRM DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2019– and the FAA’s response to each 0873; or in person at Docket Operations Federal Aviation Administration comment. The FAA received one between 9 a.m. and 5 p.m., Monday comment outside the scope of this through Friday, except Federal holidays. rulemaking. 14 CFR Part 39 The AD docket contains this final rule, [Docket No. FAA–2019–0873; Product the regulatory evaluation, any Support for the NPRM Identifier 2019–NM–164–AD; Amendment comments received, and other Two anonymous commenters stated 39–19869; AD 2020–05–19] information. The address for Docket their support for the NPRM. Operations is U.S. Department of RIN 2120–AA64 Transportation, Docket Operations, M– Request for Clarification on Affected Airplane Models Airworthiness Directives; Airbus SAS 30, West Building Ground Floor, Room Airplanes W12–140, 1200 New Jersey Avenue SE, Megan Meyet requested clarification Washington, DC 20590. on other Airbus airplanes that may be AGENCY: Federal Aviation affected by the unsafe condition FOR FURTHER INFORMATION CONTACT: Administration (FAA), Department of identified in the proposed AD. The Sanjay Ralhan, Aerospace Engineer, Transportation (DOT). commenter asked what will the FAA do International Section, Transport ACTION: Final rule. if there are other Airbus airplanes that Standards Branch, FAA, 2200 South are found to have the same issue. The 216th St., Des Moines, WA 98198; SUMMARY: The FAA is adopting a new commenter stated that the proposed AD telephone and fax 206–231–3223; email airworthiness directive (AD) for certain lists a specific batch of Airbus airplanes [email protected]. Airbus SAS Model A319–112, –115, and that have a defective part, but does not –132 airplanes; and Model A320–214, SUPPLEMENTARY INFORMATION: mention what would happen if other
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15923
airplane models are found to have the commenter suggested that if it is only a condition from occurring. The FAA has same issue. proposed consequence, it would be not revised this AD in this regard. The FAA agrees to clarify. The unsafe more cost effective to run more tests Conclusion condition in this AD is caused by before incurring the costs of the 6 interference due to installation of airplanes affected by the proposed AD. The FAA reviewed the relevant data, optional tapping units, which reduced The commenter also stated that if this considered the comments received, and the clearance between the wire issue has been confirmed, then the determined that air safety and the harnesses and tapping units. EASA and proposed AD is extremely important to public interest require adopting this Airbus know the population of airplanes adopt, and could affect countless lives final rule as proposed, except for minor affected by this unsafe condition. if the passenger oxygen system editorial changes. The FAA has Therefore, the Airbus airplanes commands failed in an emergency. determined that these minor changes: The FAA agrees to clarify. EASA, as specified in EASA AD 2019–0227 are • Are consistent with the intent that the State of Design Authority for Airbus the affected population. If additional was proposed in the NPRM for SAS airplanes, issued AD 2019–0227 airplanes are found to be affected by this addressing the unsafe condition; and based on its risk assessment, which unsafe condition, the FAA will consider • additional rulemaking. The FAA has not takes into account the effects of system Do not add any additional burden changed this AD in this regard. level failures on the airplane’s safety. upon the public than was already This risk assessment showed that a proposed in the NPRM. Request for Clarification of the Unsafe change in the installation of the tapping Condition Related IBR Material Under 1 CFR Part units creates the potential for contact 51 An anonymous commenter requested between wire harnesses and the tapping clarification of the unsafe condition. units, because the tapping units are EASA AD 2019–0227 describes The commenter stated that the proposed installed higher than they previously procedures for modifying the 1M and AD was prompted by a report that a were. If this potential interference 2M wiring harness routing. This possible interference was identified between the wiring harnesses and material is reasonably available because between the 1M and 2M wiring tapping units is not addressed, an the interested parties have access to it harnesses and tapping units, and that unsafe condition may occur, resulting in through their normal course of business this interference could have negative failure of audio and/or visual warnings or by the means identified in the effects on the lavatory smoke detection to the flight crew related to smoke ADDRESSES section. system and possibly the passenger detection in the lavatory and the loss of Costs of Compliance oxygen system. The commenter asked if delivery of passenger oxygen in the this interference actually caused an event of an emergency. The FAA has The FAA estimates that this AD error in the smoke alarm or in the determined that further testing and affects 6 airplanes of U.S. registry. The oxygen system, or is this a proposed analysis are not needed, and the agency FAA estimates the following costs to consequence of the interference? The is issuing this AD to prevent this unsafe comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
6 work-hours × $85 per hour = $510 ...... $180 $690 $4,140
Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39 Title 49 of the United States Code This AD will not have federalism Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue implications under Executive Order safety, Incorporation by reference, Safety. rules on aviation safety. Subtitle I, 13132. This AD will not have a section 106, describes the authority of substantial direct effect on the States, on Adoption of the Amendment the FAA Administrator. Subtitle VII: the relationship between the national Accordingly, under the authority Aviation Programs, describes in more government and the States, or on the delegated to me by the Administrator, detail the scope of the Agency’s distribution of power and the FAA amends 14 CFR part 39 as authority. responsibilities among the various follows: The FAA is issuing this rulemaking levels of government. under the authority described in For the reasons discussed above, I PART 39—AIRWORTHINESS DIRECTIVES Subtitle VII, Part A, Subpart III, Section certify that this AD: 44701: ‘‘General requirements.’’ Under ■ that section, Congress charges the FAA (1) Is not a ‘‘significant regulatory 1. The authority citation for part 39 with promoting safe flight of civil action’’ under Executive Order 12866, continues to read as follows: aircraft in air commerce by prescribing (2) Will not affect intrastate aviation Authority: 49 U.S.C. 106(g), 40113, 44701. regulations for practices, methods, and in Alaska, and § 39.13 [Amended] procedures the Administrator finds (3) Will not have a significant necessary for safety in air commerce. ■ 2. The FAA amends § 39.13 by adding economic impact, positive or negative, This regulation is within the scope of the following new airworthiness on a substantial number of small entities that authority because it addresses an directive (AD): under the criteria of the Regulatory unsafe condition that is likely to exist or Flexibility Act. 2020–05–19 Airbus SAS: Amendment 39– develop on products identified in this 19869; Docket No. FAA–2019–0873; rulemaking action. Product Identifier 2019–NM–164–AD.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15924 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
(a) Effective Date (2) Contacting the Manufacturer: For any Issued on March 4, 2020. This AD is effective April 24, 2020. requirement in this AD to obtain instructions Gaetano A. Sciortino, from a manufacturer, the instructions must (b) Affected ADs Deputy Director for Strategic Initiatives, be accomplished using a method approved Compliance & Airworthiness Division, None. by the Manager, International Section, Aircraft Certification Service. Transport Standards Branch, FAA; or EASA; (c) Applicability [FR Doc. 2020–05763 Filed 3–19–20; 8:45 am] or Airbus SAS’s EASA Design Organization This AD applies to Airbus SAS Model Approval (DOA). If approved by the DOA, BILLING CODE 4910–13–P A319–112, –115, and –132 airplanes; and the approval must include the DOA- Model A320–214, –216, –232 and –233 authorized signature. airplanes; certificated in any category; as (3) Required for Compliance (RC): For any DEPARTMENT OF TRANSPORTATION identified in European Union Aviation Safety service information referenced in EASA AD Agency (EASA) AD 2019–0227, dated Federal Aviation Administration 2019–0227 that contains RC procedures and September 11, 2019 (‘‘EASA AD 2019– 0227’’). tests, except as required by paragraph (i)(2) of this AD, RC procedures and tests must be 14 CFR Part 39 (d) Subject done to comply with this AD; any procedures [Docket No. FAA–2019–0970; Product Air Transport Association (ATA) of or tests that are not identified as RC are Identifier 2018–SW–089–AD; Amendment America Code 92, Electric and Electronic recommended. Those procedures and tests 39–19870; AD 2020–05–20] Common Installation. that are not identified as RC may be deviated from using accepted methods in accordance RIN 2120–AA64 (e) Reason with the operator’s maintenance or Airworthiness Directives; Airbus This AD was prompted by a report that a inspection program without obtaining possible interference was identified between approval of an AMOC, provided the Helicopters 1M and 2M wiring harnesses and the tapping procedures and tests identified as RC can be AGENCY: Federal Aviation units, and that the interference could done and the airplane can be put back in an adversely affect the lavatory smoke detection Administration (FAA), DOT. airworthy condition. Any substitutions or system and/or the passenger oxygen system. changes to procedures or tests identified as ACTION: Final rule. The FAA is issuing this AD to address RC require approval of an AMOC. possible loss of lavatory smoke detection SUMMARY: The FAA is adopting a new and/or passenger oxygen system commands, (j) Related Information airworthiness directive (AD) for Airbus which could prevent the delivery of For more information about this AD, Helicopters Model AS332C, AS332C1, passenger oxygen during an emergency and AS332L, AS332L1, and AS332L2 possibly result in injury to airplane contact Sanjay Ralhan, Aerospace Engineer, occupants. International Section, Transport Standards helicopters. This AD requires removing Branch, FAA, 2200 South 216th St., Des the drain plugs from the fuel tank (f) Compliance Moines, WA 98198; telephone and fax 206– compartments located under the bottom Comply with this AD within the 231–3223; email [email protected]. structure. This AD was prompted by the compliance times specified, unless already (k) Material Incorporated by Reference discovery that a modification to the fuel done. tank could lead to fuel accumulating in (1) The Director of the Federal Register (g) Requirements an area containing electrical equipment approved the incorporation by reference and subsequent ignition of fuel vapors. Except as specified in paragraph (h) of this (IBR) of the service information listed in this The actions of this AD are intended to AD: Comply with all required actions and paragraph under 5 U.S.C. 552(a) and 1 CFR compliance times specified in, and in part 51. address an unsafe condition on these accordance with, EASA AD 2019–0227. (2) You must use this service information products. (h) Exceptions to EASA AD 2019–0227 as applicable to do the actions required by DATES: This AD is effective April 24, (1) For purposes of determining this AD, unless this AD specifies otherwise. 2020. compliance with the requirements of this AD: (i) European Union Aviation Safety Agency The Director of the Federal Register Where EASA AD 2019–0227 refers to its (EASA) AD 2019–0227, dated September 11, approved the incorporation by reference effective date, this AD requires using the 2019. of a certain document listed in this AD effective date of this AD. (ii) [Reserved] as of April 24, 2020. (2) The ‘‘Remarks’’ section of EASA AD (3) For information about EASA AD 2019– 2019–0227 does not apply to this AD. 0227, contact the EASA, Konrad-Adenauer- ADDRESSES: For service information Ufer 3, 50668 Cologne, Germany; telephone identified in this final rule, contact (i) Other FAA AD Provisions +49 221 89990 6017; email ADs@ Airbus Helicopters, 2701 N Forum The following provisions also apply to this easa.europa.eu; Internet Drive, Grand Prairie, TX 75052; AD: www.easa.europa.eu. You may find this telephone 972–641–0000 or 800–232– (1) Alternative Methods of Compliance EASA AD on the EASA website at https:// 0323; fax 972–641–3775; or at https:// (AMOCs): The Manager, International ad.easa.europa.eu. www.airbus.com/helicopters/services/ Section, Transport Standards Branch, FAA, (4) You may view this material at the FAA, has the authority to approve AMOCs for this technical-support.html. You may view Transport Standards Branch, 2200 South AD, if requested using the procedures found this referenced service information at 216th St., Des Moines, WA. For information in 14 CFR 39.19. In accordance with 14 CFR the FAA, Office of the Regional Counsel, 39.19, send your request to your principal on the availability of this material at the Southwest Region, 10101 Hillwood inspector or local Flight Standards District FAA, call 206–231–3195. This material may Pkwy, Room 6N–321, Fort Worth, TX be found in the AD docket on the internet at Office, as appropriate. If sending information 76177. It is also available on the internet directly to the International Section, send it https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0873. at https://www.regulations.gov by to the attention of the person identified in searching for and locating Docket No. paragraph (j) of this AD. Information may be (5) You may view this material that is emailed to: 9-ANM-116-AMOC-REQUESTS@ incorporated by reference at the National FAA–2019–0970. faa.gov. Before using any approved AMOC, Archives and Records Administration Examining the AD Docket notify your appropriate principal inspector, (NARA). For information on the availability or lacking a principal inspector, the manager of this material at NARA, email fedreg.legal@ You may examine the AD docket on of the local flight standards district office/ nara.gov, or go to: https://www.archives.gov/ the internet at https:// certificate holding district office. federal-register/cfr/ibr-locations.html. www.regulations.gov in Docket No.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15925
FAA–2019–0970; or in person at Docket of ignition. Accordingly, EASA AD helicopters takes about 2 work-hours for Operations between 9 a.m. and 5 p.m., 2018–0209 requires modification of the an estimated cost of $170 per helicopter Monday through Friday, except Federal draining system of the fuel tank and $170 for the U.S. fleet size of 1 holidays. The AD docket contains this compartments by removing the drain helicopter. AD, the European Union Aviation plugs from the fuel tank compartments Removing the 7 drain plugs installed Safety Agency (previously European located under the bottom structure. on Model AS332L, AS332L1, and Aviation Safety Agency) (EASA) AD, Comments AS332L2 helicopters takes about 2 any service information that is work-hours for an estimated cost of incorporated by reference, any The FAA gave the public the $170 per helicopter and $1,700 for the comments received, and other opportunity to participate in developing U.S. fleet size of 10 helicopters. information. The street address for this AD, but the FAA did not receive Docket Operations is U.S. Department of any comments on the NPRM. Authority for This Rulemaking Transportation, Docket Operations, M– FAA’s Determination Title 49 of the United States Code 30, West Building Ground Floor, Room specifies the FAA’s authority to issue W12–140, 1200 New Jersey Avenue SE, These helicopters have been approved rules on aviation safety. Subtitle I, Washington, DC 20590. by EASA and are approved for operation section 106, describes the authority of in the United States. Pursuant to the FOR FURTHER INFORMATION CONTACT: the FAA Administrator. Subtitle VII: FAA’s bilateral agreement with the James Blyn, Aviation Safety Engineer, Aviation Programs, describes in more European Union, EASA has notified the Regulations and Policy Section, detail the scope of the Agency’s FAA of the unsafe condition described Rotorcraft Standards Branch, FAA, authority. in its AD. The FAA is issuing this AD 10101 Hillwood Pkwy., Fort Worth, TX The FAA is issuing this rulemaking after evaluating all information 76177; telephone 817–222–5110; email under the authority described in provided by EASA and determining the [email protected]. Subtitle VII, Part A, Subpart III, Section unsafe condition exists and is likely to SUPPLEMENTARY INFORMATION: 44701: General requirements. Under exist or develop on other helicopters of that section, Congress charges the FAA Discussion these same type designs and that air with promoting safe flight of civil safety and the public interest require On December 3, 2019, at 84 FR 66080, aircraft in air commerce by prescribing adopting the AD requirements as the Federal Register published the regulations for practices, methods, and proposed. FAA’s notice of proposed rulemaking procedures the Administrator finds (NPRM), which proposed to amend 14 Related Service Information Under 1 necessary for safety in air commerce. CFR part 39 by adding an AD that CFR Part 51 This regulation is within the scope of that authority because it addresses an would apply to Airbus Helicopters The FAA reviewed Airbus Helicopters unsafe condition that is likely to exist or Model AS332C, AS332C1, AS332L, Alert Service Bulletin (ASB) No. develop on helicopters identified in this AS332L1, and AS332L2 helicopters, AS332–53.01.62, Revision 1, dated May rulemaking action. except those with modification 0726383 28, 2019 (ASB AS332–53.01.62, installed. The NPRM proposed to Revision 1), which specifies procedures Regulatory Findings require removing drain plugs from the for removing the drain plugs from the This AD will not have federalism fuel tank compartments. The proposed fuel tank compartments located under implications under Executive Order requirements were intended to prevent the bottom structure of the helicopter. 13132. This AD will not have a fuel accumulating in an area containing This service information also specifies substantial direct effect on the States, on electrical equipment and ignition of fuel that the number of drain plugs varies the relationship between the national vapors, which could result in a fire and depending on the version of the government and the States, or on the subsequent damage to the helicopter or helicopter. distribution of power and injury to the occupants. This service information is reasonably responsibilities among the various The NPRM was prompted by EASA available because the interested parties levels of government. AD No. 2018–0209, dated September 21, have access to it through their normal 2018 (EASA AD 2018–0209), issued by course of business or by the means For the reasons discussed above, I certify that this AD: EASA, which is the Technical Agent for identified in the ADDRESSES section. the Member States of the European 1. Is not a ‘‘significant regulatory Union, to correct an unsafe condition Other Related Service Information action’’ under Executive Order 12866, for Airbus Helicopters (formerly The FAA also reviewed Airbus 2. Will not affect intrastate aviation in Eurocopter, Eurocopter France, Helicopters ASB No. AS332–53.01.62, Alaska, and Aerospatiale) Model AS332C, AS332C1, Revision 0, dated June 7, 2018 (AS332– 3. Will not have a significant AS332L, AS332L1, and AS332L2 53.01.62, Revision 0). AS332–53.01.62, economic impact, positive or negative, helicopters, except those with Revision 0, contains the same on a substantial number of small entities modification 0726383. EASA advises procedures as AS332–53.01.62, Revision under the criteria of the Regulatory that during production of AS332 1. However, AS332–53.01.62, Revision Flexibility Act. helicopters, closure of the fuel tank 1, also addresses military versions. drains with plugs was implemented. List of Subjects in 14 CFR Part 39 EASA states that this closure disregards Costs of Compliance Air transportation, Aircraft, Aviation compliance with an airworthiness The FAA estimates that this AD safety, Incorporation by reference, certification requirement and in the affects 11 helicopters of U.S. Registry. Safety. event of fuel leakage in flight, a closed The FAA estimates that operators may Adoption of the Amendment fuel drain creates the risk of fuel incur the following costs in order to accumulation and/or migration to an comply with this AD. Labor costs are Accordingly, under the authority adjacent area. EASA advises this area estimated at $85 per work-hour. delegated to me by the Administrator, may contain electrical equipment that Removing the 6 drain plugs installed the FAA amends 14 CFR part 39 as could be susceptible to creating a source on Model AS332C and AS332C1 follows:
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15926 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
PART 39—AIRWORTHINESS may approve AMOCs for this AD. Send your email [email protected], or go to: https:// DIRECTIVES proposal to: James Blyn, Aviation Safety www.archives.gov/federal-register/cfr/ibr- Engineer, Regulations and Policy Section, locations.html. Rotorcraft Standards Branch, FAA, 10101 ■ 1. The authority citation for part 39 Issued on March 11, 2020. continues to read as follows: Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email 9-ASW-FTW- Lance T. Gant, Authority: 49 U.S.C. 106(g), 40113, 44701. [email protected]. Director, Compliance & Airworthiness (2) For operations conducted under a 14 Division, Aircraft Certification Service. § 39.13 [Amended] CFR part 119 operating certificate or under [FR Doc. 2020–05667 Filed 3–19–20; 8:45 am] ■ 14 CFR part 91, subpart K, the FAA suggests 2. The FAA amends § 39.13 by adding BILLING CODE 4910–13–P the following new airworthiness that you notify your principal inspector, or lacking a principal inspector, the manager of directive (AD): the local flight standards district office or 2020–05–20 Airbus Helicopters: certificate holding district office, before DEPARTMENT OF TRANSPORTATION Amendment 39–19870; Docket No. operating any aircraft complying with this FAA–2019–0970; Product Identifier AD through an AMOC. Federal Aviation Administration 2018–SW–089–AD. (h) Additional Information (a) Applicability 14 CFR Part 39 (1) Airbus Helicopters Alert Service This AD applies to Airbus Helicopters Bulletin No. AS332–53.01.62, Revision 0, [Docket No. FAA–2020–0195; Product Model AS332C, AS332C1, AS332L, dated June 7, 2018, which is not incorporated Identifier 2019–CE–052–AD; Amendment AS332L1, and AS332L2 helicopters, by reference, contains additional information 39–21031; AD 2020–04–14] certificated in any category, except those about the subject of this AD. For service RIN 2120–AA64 with modification 0726383 installed. information identified in this AD, contact Airbus Helicopters, 2701 N Forum Drive, (b) Unsafe Condition Airworthiness Directives; Honda Grand Prairie, TX 75052; telephone 972–641– Aircraft Company LLC This AD defines the unsafe condition as 0000 or 800–232–0323; fax 972–641–3775; or closure of fuel tank drains. This condition at https://www.airbus.com/helicopters/ AGENCY: Federal Aviation could result in fuel accumulating in an area services/technical-support.html. You may Administration (FAA), DOT. containing electrical equipment and ignition view the referenced service information at of fuel vapors. This condition could result in the FAA, Office of the Regional Counsel, ACTION: Final rule; request for a fire and subsequent damage to the Southwest Region, 10101 Hillwood Pkwy., comments. helicopter or injury to the occupants. Room 6N–321, Fort Worth, TX 76177. (2) The subject of this AD is addressed in SUMMARY: The FAA is adopting a new (c) Effective Date European Union Aviation Safety Agency airworthiness directive (AD) for certain This AD becomes effective April 24, 2020. (previously European Aviation Safety Honda Aircraft Company LLC (Honda) (d) Compliance Agency) (EASA) AD No. 2018–0209, dated Model HA–420 airplanes. This AD September 21, 2018. You may view the EASA requires inspecting the wheel speed You are responsible for performing each AD on the internet at https:// action required by this AD within the transducer (WST) wiring harness, www.regulations.gov in Docket No. FAA– replacing the wiring harness if specified compliance time unless it has 2019–0970. already been accomplished prior to that time. necessary, installing wiring hardware, (i) Subject and rerouting the WST wiring harness (e) Required Actions Joint Aircraft Service Component (JASC) on both the left and right brake Within 110 hours time-in-service or during Code: 2810, Fuel Storage. assemblies. This AD also requires the next scheduled maintenance, whichever revising the Abnormal Procedures occurs first: (j) Material Incorporated by Reference section of the airplane flight manual (1) For Model AS332C and AS332C1 (1) The Director of the Federal Register helicopters, remove the 6 fuel tank drain approved the incorporation by reference of (AFM) and quick reference handbook plugs by following the Accomplishment the service information listed in this (QRH). This AD was prompted by Instructions, paragraph 3.B.2. of Airbus paragraph under 5 U.S.C. 552(a) and 1 CFR reports of damage to the wiring harness Helicopters Alert Service Bulletin No. part 51. due to excessive slack in the wiring AS332–53.01.62, Revision 1, dated May 28, (2) You must use this service information harness assembly that allows contact 2019 (ASB AS332–53.01.62), except you are as applicable to do the actions required by with the main landing gear tire and by not required to place the drain plugs in stock. this AD, unless the AD specifies otherwise. the determination that the AFMs and (2) For Model AS332L, AS332L1, and (i) Airbus Helicopters Alert Service QRHs contain incorrect procedures for AS332L2 helicopters, remove the 7 fuel tank Bulletin No. AS332–53.01.62, Revision 1, drain plugs by following the dated May 28, 2019. anti-skid braking system failures. The Accomplishment Instructions, paragraph (ii) [Reserved] FAA is issuing this AD to address the 3.B.2. of ASB AS332–53.01.62, except you (3) For service information identified in unsafe condition on these products. are not required to place the drain plugs in this AD, contact Airbus Helicopters, 2701 N DATES: This AD is effective April 6, stock. Forum Drive, Grand Prairie, TX 75052; 2020. telephone 972–641–0000 or 800–232–0323; (f) Credit for Previous Actions The Director of the Federal Register fax 972–641–3775; or at https:// approved the incorporation by reference Actions accomplished before the effective www.airbus.com/helicopters/services/ date of this AD in accordance with the technical-support.html. of certain publications listed in this AD procedures specified in Airbus Helicopters (4) You may view this service information as of April 6, 2020. Alert Service Bulletin No. AS332–53.01.62, at FAA, Office of the Regional Counsel, The FAA must receive comments on Revision 0, dated June 7, 2018, are Southwest Region, 10101 Hillwood Pkwy, this AD by May 4, 2020. considered acceptable for compliance with Room 6N–321, Fort Worth, TX 76177. For ADDRESSES: You may send comments, the corresponding actions specified in information on the availability of this using the procedures found in 14 CFR paragraph (e) of this AD. material at the FAA, call 817–222–5110. (5) You may view this service information 11.43 and 11.45, by any of the following (g) Alternative Methods of Compliance that is incorporated by reference at the methods: (AMOCs) National Archives and Records • Federal eRulemaking Portal: Go to (1) The Manager, Safety Management Administration (NARA). For information on https://www.regulations.gov. Follow the Section, Rotorcraft Standards Branch, FAA, the availability of this material at NARA, instructions for submitting comments.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15927
• Fax: 202–493–2251. occur on all in service Honda Model HA–420, HJ1–29000–007–001, Volume • Mail: U.S. Department of HA–420 airplanes. 1 of 2, Effectivity 42000012 through Transportation, Docket Operations, M– Further investigation revealed that 42000125, Quick Reference Handbook, 30, West Building Ground Floor, Room damage to the wiring harness results in Normal Procedures, Revision D, dated W12–140, 1200 New Jersey Avenue SE, loss of the WST signal, which is December 12, 2019; Page A–124 and Washington, DC 20590. interpreted by the digital antiskid Page A–125 from HondaJet, Model HA– • Hand Delivery: U.S. Department of control unit (DACU) as either a WST 420, HJ1–29001–007–001, HondaJet Transportation, Docket Operations, M– failure or locked wheel condition. The ELITE, Effectivity: 42000011, 42000126 30, West Building Ground Floor, Room DACU provides locked wheel and after, HondaJet APMG, Effectivity: W12–140, 1200 New Jersey Avenue SE, protection, which commands a full 42000012 through 42000125 with SB– Washington, DC 20590, between 9 a.m. release of normal brakes at speeds 420–55–001, Quick Reference and 5 p.m., Monday through Friday, greater than 25 knots until the right and Handbook, Revision B, dated December except Federal holidays. left wheel speeds are within 70 percent 12, 2019. For the specific airplane serial For service information identified in of each other. Thus, when a WST signal numbers specified on each document, this final rule, contact Honda Aircraft is lost, the DACU commands a full these pages are revised pages to the Company LLC, 6430 Ballinger Road, normal brake release until the airplane QRHs that provide procedures for the Greensboro, North Carolina 27410; speed falls below 25 knots. In this flight crew when the braking anti-skid telephone (336) 662–0246; internet: scenario, unavailability of the normal system fails. https://www.hondajet.com. You may brakes is not annunciated to the pilot, The FAA also reviewed Honda view this service information at the because WST signal loss does not trigger Aircraft Company Service Bulletin Alert FAA, Policy and Innovation Division, the NORMAL BRAKE FAIL red crew SB–420–32–008, Revision B, dated 901 Locust, Kansas City, Missouri alerting system (CAS) message. The November 16, 2019 (Honda SB–420–32– 64106. For information on the pilot is notified via an ANTI–SKID FAIL 008, Revision B). This service document availability of this material at the FAA, amber CAS message. Existing AFM contains procedures for inspecting the call (816) 329–4148. It is also available procedures for ANTI–SKID FAIL condition of the WST wiring harness, on the internet at https:// instruct the pilot to apply normal brakes replacing the wiring harness if www.regulations.gov by searching for gradually to stop the airplane when the necessary, installing wiring hardware, and locating Docket No. FAA–2020– anti-skid system has failed. The current and rerouting the WST wiring harness 0195. AFM procedures are incorrect and do on both the left and right brake not caution the pilot that normal assemblies. Examining the AD Docket braking may be unavailable when the This service information is reasonably You may examine the AD docket on ANTI–SKID FAIL amber CAS message available because the interested parties the internet at https:// posts or instruct the pilot to use have access to it through their normal www.regulations.gov by searching for emergency braking. course of business or by the means and locating Docket No. FAA–2020– This condition, if not addressed, identified in the ADDRESSES section. 0195; or in person at Docket Operations could result in unannunciated loss of between 9 a.m. and 5 p.m., Monday normal brakes, reduced directional FAA’s Determination through Friday, except Federal holidays. control during landing deceleration and The FAA is issuing this AD because The AD docket contains this final rule, ground operations, and loss of control of the FAA evaluated all the relevant the regulatory evaluation, any the airplane when applying the brakes. information and determined the unsafe comments received, and other The FAA is issuing this AD to address condition described previously is likely information. The street address for the unsafe condition on these products. to exist or develop in other products of Docket Operations is listed above. Related Service Information Under 1 the same type design. Comments will be available in the AD CFR Part 51 AD Requirements docket shortly after receipt. The FAA reviewed Pages 3A–178 This AD requires replacing the FOR FURTHER INFORMATION CONTACT: through 3A–180 from Section 3A— revised pages in the AFMs and QRHs Samuel Kovitch, Aerospace Engineer, Abnormal Procedures in Honda Aircraft Atlanta ACO Branch, FAA, 1701 applicable to your airplane. This AD Company Airplane Flight Manual, also requires accomplishing the actions Columbia Avenue, College Park, Georgia HondaJet, Effectivity: 42000012 through 30337; phone: (404) 474–5570; fax: (404) specified in Honda SB–420–32–008, 42000125, Model HA–420, Part No.: Revision B described previously. 474–5605; email: samuel.kovitch@ HJ1–29000–003–001, Revision D, dated faa.gov. December 12, 2019; and Pages 3A–178 Interim Action SUPPLEMENTARY INFORMATION: through 3A–180 from Section 3A— The FAA considers this AD, which Abnormal Procedures in Honda Aircraft addresses anti-skid braking system Discussion Company Airplane Flight Manual, failures, an interim action. Honda is The FAA received a report of a Honda HondaJet ELITE, Effectivity: 42000011, developing software changes to revise Model HA–420 airplane losing normal 42000126 and after, HondaJet APMG, the WST logic from the ANTI–SKID braking during ground operations. Effectivity: 42000012 through 42000125 FAIL CAS to the NORMAL BRAKES Inspections revealed damage to a brake with SB–420–55–001, Model HA–420, FAIL CAS. Once this action is wiring harness for the WST, which was Part No.: HJ1–29001–003–001, Revision developed, approved, and available, the most likely caused by contact with the B1, dated December 12, 2019. For the FAA may consider additional main landing gear tire. A review of specific airplane serial numbers rulemaking. manufacturer type design data and specified on each document, these pages production line assembly instructions are revised pages to the AFMs that FAA’s Justification and Determination revealed that the wiring harness is provide procedures for the flight crew of the Effective Date installed with excessive slack that when the braking anti-skid system fails. An unsafe condition exists that allows contact with the tire when The FAA also reviewed Page A–126 requires the immediate adoption of this pulled. Thus, the damage found may and Page A–127 from HondaJet, Model AD without providing an opportunity
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15928 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
for public comments prior to adoption. the loss of normal brakes. Therefore, the specifically invites comments on the The FAA has found that the risk to the FAA finds good cause that notice and overall regulatory, economic, flying public justifies waiving notice opportunity for prior public comment environmental, and energy aspects of and comment prior to adoption of this are impracticable. In addition, for the this final rule. The FAA will consider rule because the damage to WST wiring reasons stated above, the FAA finds that all comments received by the closing harness is possible on all affected good cause exists for making this date and may amend this final rule airplanes due to slack in the harness by amendment effective in less than 30 because of those comments. type design and may worsen rapidly days. The FAA will post all comments after each landing cycle and result in Comments Invited received, without change, to https:// loss of normal braking if left www.regulations.gov, including any This AD is a final rule that involves uncorrected. Additionally, incorrect personal information you provide. The requirements affecting flight safety and AFM and QRH procedures instruct the FAA will also post a report was not preceded by notice and an pilot to use normal braking when it is summarizing each substantive verbal opportunity for public comment. unavailable instead of using emergency contact the FAA receives about this braking. The FAA has determined that However, the FAA invites you to send final rule. certain corrective action is necessary any written data, views, or arguments before further flight to address the about this final rule. Send your Costs of Compliance wiring harness damage that results in comments to an address listed under the loss of normal braking and to provide ADDRESSES section. Include the Docket The FAA estimates that this AD pilot notification and guidance on what Number FAA–2020–0195 and Product affects 116 airplanes of U.S. registry. to expect and how to react to the ANTI– Identifier 2019–CE–052–AD at the The FAA estimates the following SKID FAIL CAS message coupled with beginning of your comments. The FAA costs to comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Revise the Abnormal Procedures sec- 1 work-hour × $85 per hour = $85 ...... Not applicable ...... $85 $9,860 tion of the AFM. Revise the QRH ...... 1 work-hour × $85 per hour = $85 ...... Not applicable ...... 85 9,860 Inspect WST wiring harness, install 7.5 work-hours × $85 per hour = Not applicable ...... 637.50 73,950 hardware and reroute the WST wiring $637.50. harness.
The FAA estimates the following results of the inspection. The FAA has aircraft that might need these costs to do any necessary replacements no way of determining the number of replacements: that would be required based on the
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replace the WST wiring harness ...... *See note below ...... $389 $389 * Note: Since all operators are required to install wiring hardware and reroute the WST wiring harness, there is no additional labor cost associ- ated with replacing the WST wiring harness.
According to the manufacturer, some Subtitle VII, Part A, Subpart III, Section Division, but during this transition of the costs of this AD may be covered 44701: General requirements. Under period, the Executive Director has under warranty, thereby reducing the that section, Congress charges the FAA delegated the authority to issue ADs cost impact on affected individuals. We with promoting safe flight of civil applicable to small airplanes, gliders, do not control warranty coverage for aircraft in air commerce by prescribing balloons, airships, domestic business jet affected individuals. As a result, we regulations for practices, methods, and transport airplanes, and associated have included all costs in our cost procedures the Administrator finds appliances to the Director of the Policy estimate. necessary for safety in air commerce. and Innovation Division. This regulation is within the scope of Authority for This Rulemaking that authority because it addresses an Regulatory Flexibility Act Title 49 of the United States Code unsafe condition that is likely to exist or specifies the FAA’s authority to issue develop on products identified in this The requirements of the Regulatory rules on aviation safety. Subtitle I, rulemaking action. Flexibility Act (RFA) do not apply when section 106, describes the authority of This AD is issued in accordance with an agency finds good cause pursuant to the FAA Administrator. Subtitle VII: authority delegated by the Executive 5 U.S.C. 553 to adopt a rule without Aviation Programs describes in more Director, Aircraft Certification Service, prior notice and comment. Because FAA detail the scope of the Agency’s as authorized by FAA Order 8000.51C. has determined that it has good cause to authority. In accordance with that order, issuance adopt this rule without notice and The FAA is issuing this rulemaking of ADs is normally a function of the comment, RFA analysis is not required. under the authority described in Compliance and Airworthiness
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15929
Regulatory Findings failures. The FAA is issuing this AD to (2) Before using any approved AMOC, prevent un-annunciated loss of normal notify your appropriate principal inspector, This AD will not have federalism brakes and reduced directional control or lacking a principal inspector, the manager implications under Executive Order during landing deceleration and ground of the local flight standards district office/ 13132. This AD will not have a operations, which could lead to a runway certificate holding district office. substantial direct effect on the States, on excursion. (3) For service information that contains steps that are labeled as Required for the relationship between the national (f) Compliance government and the States, or on the Compliance (RC), the provisions of distribution of power and Comply with this AD within the paragraphs (i)(3)(i) and (ii) of this AD apply. compliance time specified, unless already (i) The steps labeled as RC, including responsibilities among the various done. levels of government. substeps under an RC step and any figures For the reasons discussed above, I (g) Revise the Airplane Flight Manuals and identified in an RC step, must be done to Quick Reference Handbooks comply with this AD. An AMOC is required certify that this AD: for any deviations to RC steps, including (1) Is not a ‘‘significant regulatory Before further flight after April 6, 2020 (the substeps and identified figures. action’’ under Executive Order 12866, effective date of this AD), revise your AFM (ii) Steps not labeled as RC may be and and your QRH as specified below. deviated from using accepted methods in (2) Will not affect intrastate aviation (1) For airplanes with S/Ns 42000012 accordance with the operator’s maintenance in Alaska. through 42000125 without SB–420–55–001: or inspection program without obtaining Remove the Abnormal Procedure pages for approval of an AMOC, provided the RC steps, List of Subjects in 14 CFR Part 39 ANTI–SKID Fail and replace with Pages 3A– including substeps and identified figures, can 178 through 3A–180 from Section 3A— Air transportation, Aircraft, Aviation still be done as specified, and the airplane Abnormal Procedures in Honda Aircraft can be put back in an airworthy condition. safety, Incorporation by reference, Company Airplane Flight Manual, Model Safety. HA–420, Part No.: HJ1–29000–003–001, (j) Related Information Adoption of the Amendment Revision D, dated December 12, 2019. For more information about this AD, (2) For airplanes with S/Ns 42000012 contact Samuel Kovitch, Aerospace Engineer, Accordingly, under the authority through 42000125 without SB–420–55–001: Atlanta ACO Branch, FAA, 1701 Columbia delegated to me by the Administrator, Remove the Abnormal Procedure pages for Avenue, College Park, Georgia 30337; phone: the FAA amends 14 CFR part 39 as ANTI–SKID FAIL and replace with Page A– (404) 474–5570; fax: (404) 474–5605; email: follows: 126 and Page A–127 from Model HA–420, [email protected]. HJ1–29000–007–001, Volume 1 of 2, Quick PART 39—AIRWORTHINESS Reference Handbook, Normal Procedures, (k) Material Incorporated by Reference DIRECTIVES Revision D, dated December 12, 2019. (1) The Director of the Federal Register (3) For airplanes with S/Ns 42000011, approved the incorporation by reference ■ 1. The authority citation for part 39 42000012 through 42000125 with SB–420– (IBR) of the service information listed in this 55–001, and 42000126 through 42000184: continues to read as follows: paragraph under 5 U.S.C. 552(a) and 1 CFR Remove the Abnormal Procedure pages for part 51. Authority: 49 U.S.C. 106(g), 40113, 44701. ANTI–SKID FAIL and replace with Pages (2) You must use this service information 3A–178 through 3A–180 from Section 3A— § 39.13 [Amended] as applicable to do the actions required by Abnormal Procedures in Honda Aircraft this AD, unless the AD specifies otherwise. ■ 2. The FAA amends § 39.13 by adding Company Airplane Flight Manual, Model (i) Pages 3A–178 through 3A–180 from the following new airworthiness HA–420, Part No.: HJ1–29001–003–001, Section 3A—Abnormal Procedures in Honda Revision B1, dated December 12, 2019. Aircraft Company Airplane Flight Manual, directive (AD): (4) For airplanes with S/Ns 42000011, HondaJet, Effectivity: 42000012 through 42000012 through 42000125 with SB–420– 2020–04–14 Honda Aircraft Company LLC: 42000125, Model HA–420, Part No.: HJ1– 55–001, and 42000126 through 42000184: Amendment 39–21031; Docket No. 29000–003–001, Revision D, dated December Remove the Abnormal Procedure pages for FAA–2020–0195; Product Identifier 12, 2019. ANTI–SKID FAIL and replace with Page A– 2019–CE–052–AD. (ii) Page A–126 and Page A–127 from 124 and Page A–125 from Model HA–420, HondaJet, Model HA–420, HJ1–29000–007– (a) Effective Date HJ1–29001–007–001, Quick Reference 001, Volume 1 of 2, Effectivity 42000012 This AD is effective April 6, 2020. Handbook, Revision B, dated December 12, through 42000125, Quick Reference 2019. (b) Affected ADs Handbook, Normal Procedures, Revision D, None. (h) Corrective Actions for the Wheel Speed dated December 12, 2019. Transducer Wiring Harness (iii) Pages 3A–178 through 3A–180 from (c) Applicability Within 90 days after April 6, 2020 (the Section 3A—Abnormal Procedures in Honda This AD applies to Honda Aircraft effective date of this AD), do the actions Aircraft Company Airplane Flight Manual, Company LLC Model HA–420 airplanes, specified in steps 1 through 7 of the HondaJet ELITE, Effectivity: 42000011, serial numbers (S/Ns) 42000011 through Accomplishment Instructions in Honda 42000126 and after, HondaJet APMG, 42000184, certificated in any category. Aircraft Company Service Bulletin Alert SB– Effectivity: 42000012 through 42000125 with 420–32–008, Revision B, dated November 16, SB–420–55–001, Model HA–420, Part No.: (d) Subject 2019. HJ1–29001–003–001, Revision B1, dated Joint Aircraft System Component (JASC)/ December 12, 2019. Air Transport Association (ATA) of America (i) Alternative Methods of Compliance (iv) Page A–124 and Page A–125 from Code 32, Landing Gear. (AMOCs) HondaJet, Model HA–420, HJ1–29001–007– (1) The Manager, Atlanta ACO Branch, 001, HondaJet ELITE, Effectivity: 42000011, (e) Unsafe Condition FAA, has the authority to approve AMOCs 42000126 and after, HondaJet APMG, This AD was prompted by reports of for this AD, if requested using the procedures Effectivity: 42000012 through 42000125 with damage to the wheel speed transducer wiring found in 14 CFR 39.19. In accordance with SB–420–55–001, Quick Reference Handbook, harness due to excessive slack in the wiring 14 CFR 39.19, send your request to your Revision B, dated December 12, 2019. harness assembly that allows contact with principal inspector or local Flight Standards (v) Honda Aircraft Company Service the main landing gear tire and the District Office, as appropriate. If sending Bulletin Alert SB–420–32–008, Revision B, determination that the airplane flight information directly to the manager of the dated November 16, 2019. manuals (AFMs) and quick reference certification office, send it to the attention of (3) For service information identified in handbooks (QRHs) contain incorrect the person identified in paragraph (j) of this this AD, contact Honda Aircraft Company procedures for anti-skid braking system AD. LLC, 6430 Ballinger Road, Greensboro, North
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15930 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Carolina 27410; telephone (336) 662–0246; The Director of the Federal Register the latch beam firewall of each T/R half. internet: https://www.hondajet.com. approved the incorporation by reference The NPRM also proposed to add (4) You may view this service information of a certain other publication listed in airplanes to the applicability. For those at the FAA, Policy and Innovation Division, this AD as of January 20, 2011 (75 FR airplanes, the NPRM proposed to 901 Locust, Kansas City, Missouri 64106. For information on the availability of this 78594, December 16, 2010). require an inspection to determine if the material at the FAA, call (816) 329–4148. ADDRESSES: For service information installed T/R has an affected part (5) You may view the service information identified in this final rule, contact number and, if an affected part number that is incorporated by reference at the Boeing Commercial Airplanes, is found, installation of a new insulation National Archives and Records Attention: Contractual & Data Services blanket. The FAA is issuing this AD to Administration (NARA). For information on (C&DS), 2600 Westminster Blvd., MC address the potential for a fire from the availability of this material at NARA, 110–SK57, Seal Beach, CA 90740–5600; entering the cowl or strut area, which email: [email protected], or go to: could weaken T/R parts and result in https://www.archives.gov/federal-register/cfr/ telephone 562–797–1717; internet ibr-locations.html. https://www.myboeingfleet.com. You reduced structural integrity of the T/R, may view this service information at the possible separation of T/R parts during Issued in Kansas City, Missouri, on March FAA, Transport Standards Branch, 2200 flight, and consequent damage to the 16, 2020. South 216th St., Des Moines, WA. For airplane, injury to people, and damage Gaetano A. Sciortino, information on the availability of this to property on the ground. Deputy Director for Strategic Initiatives, material at the FAA, call 206–231–3195. Comments Compliance & Airworthiness Division, It is also available on the internet at Aircraft Certification Service. https://www.regulations.gov by The FAA gave the public the [FR Doc. 2020–05891 Filed 3–19–20; 8:45 am] searching for and locating Docket No. opportunity to participate in developing BILLING CODE 4910–13–P FAA–2019–0602. this AD. The following presents the comments received on the NPRM and Examining the AD Docket the FAA’s response to each comment. DEPARTMENT OF TRANSPORTATION You may examine the AD docket on Support for the NPRM Federal Aviation Administration the internet at https:// www.regulations.govby searching for The Air Line Pilots Association, International (ALPA) and United 14 CFR Part 39 and locating Docket No. FAA–2019– 0602; or in person at Docket Operations Airlines stated their support for the [Docket No. FAA–2019–0602; Product between 9 a.m. and 5 p.m., Monday NPRM. Identifier 2019–NM–016–AD; Amendment through Friday, except Federal holidays. Request To Revise the Cost of 39–19874; AD 2020–05–24] The AD docket contains this final rule, Compliance the regulatory evaluation, any RIN 2120–AA64 Boeing requested that the FAA revise comments received, and other the Cost of Compliance paragraph in the Airworthiness Directives; The Boeing information. The address for Docket NPRM. Boeing stated that the proposed Company Airplanes Operations is U.S. Department of AD would affect 4 additional airplanes Transportation, Docket Operations, M– AGENCY: Federal Aviation for a total of 29 airplanes of U.S. 30, West Building Ground Floor, Room Administration (FAA), DOT. registry. Boeing stated that the 4 W12–140, 1200 New Jersey Avenue SE, ACTION: additional airplanes are equipped with Final rule. Washington, DC 20590. Model GE 90–90B engines with line SUMMARY: The FAA is superseding FOR FURTHER INFORMATION CONTACT: numbers greater than 413 and are Airworthiness Directive (AD) 2010–26– James Laubaugh, Aerospace Engineer, therefore not identified in Boeing Alert 01, which applied to certain The Boeing Propulsion Section, FAA, Seattle ACO Service Bulletin 777–78A0066, Revision Company Model 777–200 series Branch, 2200 South 216th St., Des 2, dated April 8, 2010, and not affected airplanes. AD 2010–26–01 required Moines, WA 98198; phone and fax: 206– by AD 2010–26–01. installing a new insulation blanket on 231–3622; email: james.laubaugh@ The FAA concurs with the request the latch beam firewall of each thrust faa.gov. and has revised the Cost of Compliance reverser (T/R) half. This AD requires SUPPLEMENTARY INFORMATION: paragraph of this final rule to include 29 retaining the requirements of 2010–26– airplanes of U.S. registry. The four Discussion 01. This AD also adds airplanes to the additional airplanes are Model 777–200 applicability. For those airplanes, this The FAA issued a notice of proposed series with the specified engines already AD requires an inspection to determine rulemaking (NPRM) to amend 14 CFR included in the applicability of the if the installed T/R has an affected part part 39 to supersede AD 2010–26–01, proposed AD. Although the effectivity number and, if an affected part number Amendment 39–16540 (75 FR 78594, of Boeing Alert Service Bulletin 777– is found, installation of a new insulation December 16, 2010) (‘‘AD 2010–26– 78A0066, Revision 2, dated April 8, blanket. This AD was prompted by a 01’’). AD 2010–26–01 applied to certain 2010, does not include those four report of an in-flight shutdown due to Model 777–200 series airplanes. The additional airplanes, the FAA an engine fire indication and a NPRM published in the Federal determined that the actions in that determination that additional airplanes Register on August 9, 2019 (84 FR service information are applicable to the are affected. The FAA is issuing this AD 39241). The NPRM was prompted by a additional airplanes. to address the unsafe condition on these report of an in-flight shutdown due to products. an engine fire indication; an under-cowl Request To Revise the Applicability DATES: This AD is effective April 24, engine fire was extinguished after Boeing requested that the 2020. landing. The NPRM was also prompted applicability paragraph in the proposed The Director of the Federal Register by a determination that additional AD also include Model 777–200 series approved the incorporation by reference airplanes are affected. The NPRM airplanes equipped with General of a certain publication listed in this AD proposed to continue to require Electric Company (GE) GE90–92B as of April 24, 2020. installing a new insulation blanket on engines. Boeing stated that there are two
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15931
airplanes equipped with GE90–92B manufacturer’s type design does not The FAA supports the commenter’s engines that are affected by AD 2010– preclude an owner or operator from proposal to address rotable parts under 26–01 and are not included in the installing the affected parts. The FAA the collaborative efforts of the FAA, applicability of the proposed AD. has not changed this AD in this regard. other civil aviation authorities, airplane The FAA disagrees with the Request for Clarification of the manufacturers, and airplane operators. commenter’s request. The FAA has Inspection Any future collaborative efforts to investigated the circumstances address rotable parts will be surrounding the comment and Japan Airlines (JAL) requested coordinated outside of this AD. The determined that the Model GE90–92B clarification of the inspection in FAA has not changed this AD in this engine is not identified on the existing paragraph (h) of the proposed AD. JAL regard. U.S. type certificate data sheet (TCDS). asked whether it is acceptable to Conclusion At the engine manufacturer’s request, determine the T/R part number with the the Model GE90–92B engine was airplane delivery document from Boeing The FAA reviewed the relevant data, removed from the Engine TCDS No. if the following conditions are met: the considered the comments received, and E00049EN at Revision 8, dated October T/R has never been replaced since the determined that air safety and the 12, 2000. The FAA has also confirmed airplane delivery from Boeing; and no public interest require adopting this AD with the engine manufacturer that there modification requiring change of the as proposed, except for minor editorial are no Model GE90–92B engines in part number has been done on the T/R. changes. The FAA has determined that The FAA agrees to provide service or certified for installation on these minor changes: clarification. The FAA expects that the Boeing Model 777 airplanes, as • inspection will contain a thorough Are consistent with the intent that specified in Airplane TCDS No. review of all relevant airplane was proposed in the NPRM for T00001SE, Revision 43, dated August configuration documentation and it is addressing the unsafe condition; and 28, 2019. The FAA has not changed this possible documentation alone may be • Do not add any additional burden AD in this regard. used to show compliance with this upon the public than was already Request To Clarify T/R requirement. The principal maintenance proposed in the NPRM. inspector responsible for accepting the Interchangeability Related Service Information Under 1 documentation will determine the Boeing requested that the FAA revise CFR Part 51 adequacy of the supplied the section ‘‘Actions Since AD 2010– documentation in showing if the 26–01 Was Issued’’ of the NPRM to state The FAA reviewed Boeing Service affected parts are in service. The FAA that the installation of a T/R specified Bulletin 777–78A0066, Revision 3, has not revised this AD in this regard. in AD 2010–26–01 onto an airplane dated April 28, 2011. This service outside of the applicability of that AD Request for Collaboration To Address information describes procedures for is possible, but it is not allowed. Boeing Rotable Parts installing a new insulation blanket on commented that the interchangeability the latch beam firewall of each T/R half. Boeing requested that the FAA and The installation includes, for certain of the T/Rs delivered on Model 777–200 Boeing collaborate with its airline series airplanes equipped with GE90– airplanes, inspecting to determine if partners, other original equipment fitting part number 315W1436–4 is 76B, –85B, –90B, –92B, or –94B engines manufacturers, and the national Civil is controlled by the ‘‘released installed on the aft latch beam of the Aviation Authorities (CAA) to develop right side T/R and, for affected fittings, engineering’’ that defines the type an action to implement safe, fair, and design, which includes the 315W1295 cutting the clevis from the affected consistent policy to address concerns on fitting. Interchangeability Drawings (Sheets 1– rotable parts for the industry. Boeing 9). Boeing also commented that there is stated that it acknowledges there is a This AD would also require Boeing a one-way interchangeability restriction difference between the Boeing service Alert Service Bulletin 777–78A0066, that does not allow the earlier, affected information and the FAA’s rulemaking Revision 2, dated April 8, 2010, which T/Rs specified in AD 2010–26–01 to be in capturing the airplane effectivity. the Director of the Federal Register installed on an airplane that is not Boeing commented that there may be approved for incorporation by reference subject to that AD. some instances where operators are as of January 20, 2011 (75 FR 78594, The FAA partially agrees. The FAA rotating parts outside of type design, December 16, 2010). agrees that the T/R configuration beyond effectivity limits or having T/Rs This service information is reasonably referenced in AD 2010–26–01 is not part installed onto airplane configurations in available because the interested parties of the manufacturer’s type design, based which service information and design have access to it through their normal on the drawings the manufacturer changes have already been incorporated. course of business or by the means provided. However, the FAA disagrees Boeing stated it understands the FAA’s identified in the ADDRESSES section. with adding a clarification statement concerns with the possibility of parts Costs of Compliance about the manufacturer’s type design to being rotated outside the effectivity this AD because it is not relevant to the contained in the Boeing service The FAA estimates that this AD purpose of this AD. The purpose of the information and would like to seek an affects 29 airplanes of U.S. registry. The AD is to address the safety concern in alternative solution to address these FAA estimates the following costs to the design of those parts. The concerns. comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Blanket installation (retained ac- 7 work-hours × $85 per hour = Up to $5,253 ...... Up to $5,848 ...... Up to $122,808. tions from AD 2010–26–01) (21 $595. airplanes).
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15932 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
ESTIMATED COSTS—Continued
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Inspection and blanket installation Up to 13 work-hours × $85 per Up to $7,529 ...... Up to $8,634 ...... Up to $69,072. (new proposed action) (8 air- hour = Up to $1,105. planes).
Authority for This Rulemaking PART 39—AIRWORTHINESS 777–78A0066, Revision 2, dated April 8, DIRECTIVES 2010: Within 60 months or 4,500 flight cycles Title 49 of the United States Code after January 20, 2011 (the effective date of specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 AD 2010–26–01), whichever is first, install a rules on aviation safety. Subtitle I, continues to read as follows: new insulation blanket on the latch beam Section 106, describes the authority of firewall of each T/R half by doing all the the FAA Administrator. Subtitle VII, Authority: 49 U.S.C. 106(g), 40113, 44701. applicable actions specified in the Aviation Programs, describes in more Accomplishment Instructions of Boeing § 39.13 [Amended] Service Bulletin 777–78A0066, Revision 3, detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by dated April 28, 2011. authority. removing Airworthiness Directive (AD) The FAA is issuing this rulemaking (h) New Requirement: Installation of 2010–26–01, Amendment 39–16540 (75 Insulation Blanket for Additional Airplanes under the authority described in FR 78594, December 16, 2010), and Subtitle VII, Part A, Subpart III, Section For airplanes not identified in paragraph adding the following new AD: (g) of this AD: Within 60 months or 4,500 44701, ‘‘General requirements.’’ Under flight cycles after the effective date of this that section, Congress charges the FAA 2020–05–24 The Boeing Company: Amendment 39–19874; Docket No. AD, whichever is first, inspect to determine with promoting safe flight of civil FAA–2019–0602; Product Identifier if the installed T/R has any affected part aircraft in air commerce by prescribing 2019–NM–016–AD. number as identified in paragraphs (h)(1) regulations for practices, methods, and through (5) of this AD. If an affected T/R is procedures the Administrator finds (a) Effective Date found or if it cannot be determined which T/ necessary for safety in air commerce. This AD is effective April 24, 2020. R is installed, within 60 months or 4,500 flight cycles after the effective date of this This regulation is within the scope of (b) Affected ADs that authority because it addresses an AD, whichever is first, install a new This AD replaces AD 2010–26–01, insulation blanket on the latch beam firewall unsafe condition that is likely to exist or Amendment 39–16540 (75 FR 78594, of each T/R half by doing all the applicable develop on products identified in this December 16, 2010) (‘‘AD 2010–26–01’’). actions specified in the Accomplishment rulemaking action. Instructions of Boeing Service Bulletin 777– (c) Applicability 78A0066, Revision 3, dated April 28, 2011, Regulatory Findings This AD applies to The Boeing Company except as specified in paragraph (i) of this The FAA has determined that this AD Model 777–200 series airplanes, certificated AD. A review of airplane maintenance will not have federalism implications in any category, equipped with General records is acceptable in lieu of this Electric Company (GE) GE90–76B, –85B, inspection if it can be conclusively under Executive Order 13132. This AD –90B, or –94B engines. determined from that review that the will not have a substantial direct effect installed T/R is not an affected T/R. A review on the States, on the relationship (d) Subject of airplane maintenance records is also between the national government and Air Transport Association (ATA) of acceptable in lieu of this inspection if it can the States, or on the distribution of America Code 78, Engine exhaust. be conclusively determined from that review that an affected T/R is installed and the power and responsibilities among the (e) Unsafe Condition various levels of government. actions specified in Boeing Service Bulletin This AD was prompted by a report of an 777–78A0066, Revision 3, dated April 28, For the reasons discussed above, I in-flight shutdown due to an engine fire 2011, have already been done on that T/R. certify that this AD: indication; an under-cowl engine fire was (1) 315W1001–XX (all—where ‘‘XX’’ is any (1) Is not a ‘‘significant regulatory extinguished after landing. This AD was also combination of numbers and letters that action’’ under Executive Order 12866, prompted by a determination that additional follow the dash). airplanes are affected. The FAA is issuing (2) Will not affect intrastate aviation (2) 315W1295–1 through 315W1295–222 this AD to address the potential for a fire inclusive. in Alaska, and from entering the cowl or strut area, which (3) 315W1295–5001 through 315W1295– (3) Will not have a significant could weaken thrust reverser (T/R) parts and 5222 inclusive. economic impact, positive or negative, result in reduced structural integrity of the T/ (4) 315W1295–5501 through 315W1295– on a substantial number of small entities R, possible separation of T/R parts during 5722 inclusive. under the criteria of the Regulatory flight, and consequent damage to the (5) 315W1295–6101 through 315W1295– Flexibility Act. airplane, injury to people, and damage to 6322 inclusive. property on the ground. (i) Exceptions to Service Information List of Subjects in 14 CFR Part 39 (f) Compliance Specification Air transportation, Aircraft, Aviation Comply with this AD within the (1) Boeing Service Bulletin 777–78A0066, safety, Incorporation by reference, compliance times specified, unless already Revision 3, dated April 28, 2011, defines Safety. done. Group 1 as ‘‘all 777–200 airplanes with GE90 engines through line number 413 with a Adoption of the Amendment (g) Retained Installation of Insulation forward insulation blanket’’; however, for Blanket, with Revised Service Information paragraph (h) of this AD, Group 1 is defined Accordingly, under the authority This paragraph restates the requirements of as ‘‘all 777–200 airplanes with GE90 engines delegated to me by the Administrator, paragraph (g) of AD 2010–26–01, with with a forward insulation blanket.’’ the FAA amends 14 CFR part 39 as revised service information. For airplanes (2) Boeing Service Bulletin 777–78A0066, follows: identified in Boeing Alert Service Bulletin Revision 3, dated April 28, 2011, defines
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15933
Group 2 as ‘‘all 777–200 airplanes with GE90 the airplane, and the approval must DEPARTMENT OF TRANSPORTATION engines through line number 413 without a specifically refer to this AD. forward insulation blanket’’; however, for (4) AMOCs approved previously for AD Federal Aviation Administration paragraph (h) of this AD, Group 2 is defined 2010–26–01 are approved as AMOCs for the as ‘‘all 777–200 airplanes with GE90 engines corresponding provisions of paragraph (g) of 14 CFR Part 39 without a forward insulation blanket.’’ this AD. (3) Boeing Service Bulletin 777–78A0066, [Docket No. FAA–2019–0882; Product Revision 3, dated April 28, 2011, defines (l) Related Information Identifier 2018–SW–113–AD; Amendment Group 2 Configuration 1 as ‘‘all 777–200 39–19873; AD 2020–05–23] (1) For more information about this AD, airplanes with GE90 engines through line number 413 without a forward insulation contact James Laubaugh, Aerospace Engineer, RIN 2120–AA64 blanket and without the fitting assembly at Propulsion Section, FAA, Seattle ACO the aft insulation blanket location’’; however, Branch, 2200 South 216th St., Des Moines, Airworthiness Directives; Airbus for paragraph (h) of this AD, Group 2 WA 98198; phone and fax: 206–231–3622; Helicopters Configuration 1 is defined as ‘‘all 777–200 email: [email protected]. AGENCY: Federal Aviation airplanes with GE90 engines without a (2) Service information identified in this Administration (FAA), DOT. forward insulation blanket and without the AD that is not incorporated by reference is fitting assembly at the aft insulation blanket available at the addresses specified in ACTION: Final rule. location.’’ paragraphs (m)(5) and (6) of this AD. (4) Boeing Service Bulletin 777–78A0066, SUMMARY: The FAA is adopting a new Revision 3, dated April 28, 2011, defines (m) Material Incorporated by Reference airworthiness directive (AD) for Airbus Group 2 Configuration 2 as ‘‘all 777–200 (1) The Director of the Federal Register Helicopters Model AS332C, AS332C1, airplanes with GE90 engines through line approved the incorporation by reference AS332L, and AS332L1 helicopters. This number 413 without a forward insulation (IBR) of the service information listed in this AD requires inspecting the attachment blanket and with the fitting assembly at the screws of each main gearbox (MGB) aft insulation blanket location’’; however, for paragraph under 5 U.S.C. 552(a) and 1 CFR paragraph (h) of this AD, Group 2 part 51. suspension bar rear attachment fitting, Configuration 2 is defined as ‘‘all 777–200 (2) You must use this service information and depending on the outcome, airplanes with GE90 engines without a as applicable to do the actions required by applying a sealing compound, forward insulation blanket and with the this AD, unless this AD specifies otherwise. performing further inspections, and fitting assembly at the aft insulation blanket (3) The following service information was replacing affected parts. This AD was location.’’ approved for IBR on April 24, 2020. prompted by reports of an elongated (j) Credit for Previous Actions (i) Boeing Service Bulletin 777–78A0066, attachment screw and loss of tightening Revision 3, dated April 28, 2011. torque of the nut. The actions of this AD This paragraph provides credit for the actions specified in paragraphs (g) and (h) of (ii) [Reserved] are intended to address an unsafe this AD, if those actions were performed (4) The following service information was condition on these products. before the effective date of this AD using one approved for IBR on January 20, 2011 (75 FR DATES: This AD is effective April 24, of the service bulletins specified in 78594, December 16, 2010). 2020. paragraphs (j)(1) through (3) of this AD. (i) Boeing Alert Service Bulletin 777– The Director of the Federal Register (1) Boeing Alert Service Bulletin 777– 78A0066, Revision 2, dated April 8, 2010. approved the incorporation by reference 78A0066, dated June 5, 2008. (ii) [Reserved] of a certain document listed in this AD (2) Boeing Service Bulletin 777–78A0066, (5) For service information identified in as of April 24, 2020. Revision 1, dated March 12, 2009. this AD, contact Boeing Commercial ADDRESSES: (3) Boeing Alert Service Bulletin 777– Airplanes, Attention: Contractual & Data For service information 78A0066, Revision 2, dated April 8, 2010. Services (C&DS), 2600 Westminster Blvd., identified in this final rule, contact (k) Alternative Methods of Compliance MC 110–SK57, Seal Beach, CA 90740–5600; Airbus Helicopters, 2701 N. Forum (AMOCs) telephone 562–797–1717. Drive, Grand Prairie, TX 75052; telephone 972–641–0000 or 800–232– (1) The Manager, Seattle ACO Branch, (6) You may view this service information FAA, has the authority to approve AMOCs at the FAA, Transport Standards Branch, 0323; fax 972–641–3775; or at https:// for this AD, if requested using the procedures 2200 South 216th St., Des Moines, WA. For www.airbus.com/helicopters/services/ found in 14 CFR 39.19. In accordance with information on the availability of this technical-support.html. You may view 14 CFR 39.19, send your request to your material at the FAA, call 206–231–3195. this referenced service information at principal inspector or local Flight Standards (7) You may view this service information the FAA, Office of the Regional Counsel, District Office, as appropriate. If sending that is incorporated by reference at the Southwest Region, 10101 Hillwood information directly to the manager of the National Archives and Records Pkwy, Room 6N–321, Fort Worth, TX certification office, send it to the attention of Administration (NARA). For information on 76177. It is also available on the internet the person identified in paragraph (l)(1) of at https://www.regulations.gov by this AD. Information may be emailed to: 9- the availability of this material at NARA, [email protected]. email [email protected], or go to: https:// searching for and locating Docket No. (2) Before using any approved AMOC, www.archives.gov/federal-register/cfr/ibr- FAA–2019–0882. notify your appropriate principal inspector, locations.html. Examining the AD Docket or lacking a principal inspector, the manager Issued on March 9, 2020. of the local flight standards district office/ You may examine the AD docket on certificate holding district office. Lance T. Gant, the internet at https:// (3) An AMOC that provides an acceptable Director, Compliance & Airworthiness www.regulations.gov in Docket No. level of safety may be used for any repair, Division, Aircraft Certification Service. FAA–2019–0882; or in person at Docket modification, or alteration required by this [FR Doc. 2020–05709 Filed 3–19–20; 8:45 am] Operations between 9 a.m. and 5 p.m., AD if it is approved by The Boeing Company Monday through Friday, except Federal Organization Designation Authorization BILLING CODE 4910–13–P (ODA) that has been authorized by the holidays. The AD docket contains this Manager, Seattle ACO Branch, FAA, to make AD, the European Union Aviation those findings. To be approved, the repair Safety Agency (previously European method, modification deviation, or alteration Aviation Safety Agency) (EASA) AD, deviation must meet the certification basis of any service information that is
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15934 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
incorporated by reference, any EASA, which is the Technical Agent for Differences Between This AD and the comments received, and other the Member States of the European EASA AD information. The street address for Union, to correct an unsafe condition The EASA AD requires the operator to Docket Operations is Docket Operations, for Airbus Helicopters Model AS332C, perform a torque check and report the U.S. Department of Transportation, AS332C1, AS332L, and AS332L1 value to Airbus, whereas this AD does Docket Operations, M–30, West helicopters. EASA advises that not. Building Ground Floor, Room W12–140, occurrences were reported of elongated 1200 New Jersey Avenue SE, attachment screws and loss of tightening Related Service Information Under 1 Washington, DC 20590. torque of the nut installed on the CFR Part 51 FOR FURTHER INFORMATION CONTACT: Matt affected part. EASA also advises that an The FAA reviewed Airbus Helicopters Fuller, Senior Aviation Safety Engineer, investigation is ongoing to determine Alert Service Bulletin No. AS332– Safety Management Section, Rotorcraft the root cause of this event. EASA states 53.02.04, Revision 0, dated November Standards Branch, FAA, 10101 this condition could lead to structural 21, 2018, which specifies checking the Hillwood Pkwy., Fort Worth, TX 76177; failure of an MGB rear attachment fitting number of threads that protrude beyond telephone 817–222–5110; email and possibly result in detachment of an the bolt of the attachment screws on the [email protected]. MGB suspension bar. Accordingly, RH and LH rear attachment fittings of SUPPLEMENTARY INFORMATION: EASA AD 2018–0282 requires a one- the MGB. This service information also time inspection of each attachment specifies a one-time inspection of the Discussion screw for the number of threads that affected parts and depending on On November 8, 2019, at 84 FR 60349, protrude beyond its bolt and depending findings, accomplishment of applicable the Federal Register published the on the outcome, applying a sealing corrective actions. FAA’s notice of proposed rulemaking compound on the nuts, and convex and This service information is reasonably (NPRM), which proposed to amend 14 concave washers; measuring the height available because the interested parties CFR part 39 by adding an AD that of the protruding threads; inspecting the have access to it through their normal would apply to Airbus Helicopters tightening torque of the nuts; inspecting course of business or by the means Model AS332C, AS332C1, AS332L, and the upper and lower convex and identified in the ADDRESSES section. AS332L1 helicopters, delivered to the concave washers; measuring and first owner or customer before inspecting removed attachment screws; Costs of Compliance September 1, 2018, and with attachment and replacing affected parts. EASA AD The FAA estimates that this AD screws part number (P/N) 2018–0282 also requires reporting affects14 helicopters of U.S. Registry. 330A22013520 installed with MGB right information to Airbus Helicopters. The FAA estimates that operators may hand (RH) side rear attachment fitting P/ EASA states EASA AD 2018–0282 is incur the following costs in order to N 330A22270207 and left hand (LH) considered to be an interim action and comply with this AD. Labor costs are side rear attachment fitting P/N further AD action may follow. estimated at $85 per work-hour. 330A22270206 of the MGB suspension Comments Inspecting the number of threads and bars. The NPRM proposed to require applying a sealing compound takes inspecting each screw on the RH and LH The FAA gave the public the about 3 work-hours for an estimated rear attachment by identifying the opportunity to participate in developing cost of $255 per helicopter and $3,570 number of threads ‘‘F’’ that extend this AD. Benjamin Pico and Patrick for the U.S. fleet. beyond the nut. If there are 2 or less Imperatrice commented that they Replacing an attachment fitting and threads on each affected part, or if there support the NPRM. the set of four screws takes about 16 are 3 or more threads on any affected FAA’s Determination work-hours and parts cost $6,330 for an part with a thread height less than 5 mm estimated replacement cost of $7,690. (0.196 in), the NPRM proposed to These helicopters have been approved require applying a sealing compound on by EASA and are approved for operation Authority for This Rulemaking the nuts, and convex and concave in the United States. Pursuant to the Title 49 of the United States Code washers. If there are 3 or more threads FAA’s bilateral agreement with the specifies the FAA’s authority to issue on any affected part with a thread height European Union, EASA has notified the rules on aviation safety. Subtitle I, of 5 mm (0.196 in) or more, the NPRM FAA of the unsafe condition described section 106, describes the authority of proposed to require removing the nut in its AD. The FAA is issuing this AD the FAA Administrator. Subtitle VII: and inspecting the convex and concave after evaluating all information Aviation Programs, describes in more washers for bent parts and corrosion. If provided by EASA and determining the detail the scope of the Agency’s any washers are bent or corroded, the unsafe condition exists and is likely to authority. NPRM proposed to require removing the exist or develop on other helicopters of The FAA is issuing this rulemaking washers from service. If the length ‘‘L’’ these same type designs and that air under the authority described in measurement of any attachment screw is safety and the public interest require Subtitle VII, Part A, Subpart III, Section greater than 59.3 mm (2.334 in), the adopting the AD requirements as 44701: General requirements. Under NPRM proposed to require replacing the proposed. that section, Congress charges the FAA attachment fitting and the set of four Interim Action with promoting safe flight of civil screws. The proposed requirements aircraft in air commerce by prescribing were intended to prevent structural The FAA considers this AD interim regulations for practices, methods, and failure of an MGB attachment fitting, action. The design approval holder is procedures the Administrator finds detachment of an MGB suspension bar, currently developing a modification that necessary for safety in air commerce. and subsequent loss of control of the will address the unsafe condition This regulation is within the scope of helicopter. identified in this AD. Once this that authority because it addresses an The NPRM was prompted by EASA modification is developed, approved, unsafe condition that is likely to exist or AD No. 2018–0282, dated December 19, and available, the FAA might consider develop on helicopters identified in this 2018 (EASA AD 2018–0282), issued by additional rulemaking. rulemaking action.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15935
Regulatory Findings (c) Effective Date the local flight standards district office or This AD becomes effective April 24, 2020. certificate holding district office, before This AD will not have federalism operating any aircraft complying with this implications under Executive Order (d) Compliance AD through an AMOC. 13132. This AD will not have a You are responsible for performing each substantial direct effect on the States, on action required by this AD within the (g) Additional Information the relationship between the national specified compliance time unless it has The subject of this AD is addressed in government and the States, or on the already been accomplished prior to that time. European Union Aviation Safety Agency distribution of power and (e) Required Actions (previously European Aviation Safety responsibilities among the various Within 110 hours time-in-service, remove Agency) (EASA) AD No. 2018–0282, dated levels of government. the sealing compound and inspect each December 19, 2018. You may view the EASA For the reasons discussed above, I screw on the RH and LH rear attachment AD on the internet at https:// certify that this AD: fitting by identifying the number of threads www.regulations.gov in Docket No. FAA– 1. Is not a ‘‘significant regulatory ‘‘F’’ that extend beyond the nut as shown in 2019–0882. Detail ‘‘B’’ of Figure 2 of Airbus Helicopter action’’ under Executive Order 12866, (h) Subject 2. Will not affect intrastate aviation in Alert Service Bulletin No. AS332–53.02.04, Revision 0, dated November 21, 2018 (ASB Alaska, and Joint Aircraft Service Component (JASC) AS332–53.02.04). Code: 6320, Main Rotor Gearbox. 3. Will not have a significant (1) If there are 2 or less threads on each of economic impact, positive or negative, the four screws; or there are 3 or more (i) Material Incorporated by Reference on a substantial number of small entities threads on any screw with a thread height (1) The Director of the Federal Register under the criteria of the Regulatory ‘‘H’’ less than 5 mm (0.196 in), before further approved the incorporation by reference of flight, apply a sealing compound on the nuts, Flexibility Act. the service information listed in this and convex and concave washers. List of Subjects in 14 CFR Part 39 (2) If there are 3 or more threads on any paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. Air transportation, Aircraft, Aviation screw with a thread height ‘‘H’’ of 5 mm (0.196 in) or more, before further flight, do (2) You must use this service information safety, Incorporation by reference, the following, and for more than one screw, as applicable to do the actions required by Safety. do one at a time while working in a cross this AD, unless the AD specifies otherwise. Adoption of the Amendment pattern: Remove from service the nut; and (i) Airbus Helicopters Alert Service remove the screw from the helicopter and Bulletin No. AS332–53.02.04, Revision 0, Accordingly, under the authority measure the length ‘‘L’’ of the screw as dated November 21, 2018. delegated to me by the Administrator, shown in Detail ‘‘D’’ of Figure 2 of ASB (ii) [Reserved] the FAA amends 14 CFR part 39 as AS332–53.02.04. (3) For service information identified in (i) If any washers are bent or corroded, follows: this AD, contact Airbus Helicopters, 2701 N. before further flight, remove from service the Forum Drive, Grand Prairie, TX 75052; washers. PART 39—AIRWORTHINESS telephone 972–641–0000 or 800–232–0323; DIRECTIVES (ii) If the length ‘‘L’’ measurement is less than or equal to 59.3 mm (2.334 in) for each fax 972–641–3775; or at https:// www.airbus.com/helicopters/services/ ■ 1. The authority citation for part 39 screw removed as required by paragraph (e)(2) of this AD, visually inspect the screw technical-support.html. continues to read as follows: for corrosion and cracks. (4) You may view this service information Authority: 49 U.S.C. 106(g), 40113, 44701. (A) For each screw with corrosion or a at FAA, Office of the Regional Counsel, crack, before further flight, replace the screw Southwest Region, 10101 Hillwood Pkwy, § 39.13 [Amended] with an airworthy screw. Room 6N–321, Fort Worth, TX 76177. For ■ 2. The FAA amends § 39.13 by adding (B) For any screw with no corrosion or information on the availability of this cracks, before further flight, re-install the material at the FAA, call 817–222–5110. the following new airworthiness screw and washers. Install a new nut and (5) You may view this service information directive (AD): apply sealant. that is incorporated by reference at the 2020–05–23 Airbus Helicopters: (iii) If the length ‘‘L’’ measurement is Amendment 39–19873; Docket No. greater than 59.3 mm (2.334 in) for any screw National Archives and Records FAA–2019–0882; Product Identifier removed as required by paragraph (e)(2) of Administration (NARA). For information on 2018–SW–113–AD. this AD, before further flight, replace the rear the availability of this material at NARA, attachment fitting that the screw was email [email protected], or go to: https:// (a) Applicability removed from and its set of four screws, www.archives.gov/federal-register/cfr/ibr- This AD applies to Airbus Helicopters washers, and nuts, and apply sealant as locations.html. Model AS332C, AS332C1, AS332L, and shown in Figures 2 and 3 of ASB AS332– AS332L1 helicopters, certificated in any 53.02.04. Issued on March 16, 2020. category, delivered to the first owner or Lance T. Gant, (f) Alternative Methods of Compliance customer before September 1, 2018, and with (AMOCs) Director, Compliance & Airworthiness attachment screws part number (P/N) Division, Aircraft Certification Service. 330A22013520 installed with main gearbox (1) The Manager, Safety Management (MGB) right hand (RH) side rear attachment Section, Rotorcraft Standards Branch, FAA, [FR Doc. 2020–05848 Filed 3–19–20; 8:45 am] fitting P/N 330A22270207 and left hand (LH) may approve AMOCs for this AD. Send your BILLING CODE 4910–13–P side rear attachment fitting P/N proposal to: Matt Fuller, Senior Aviation 330A22270206 of the MGB suspension bars. Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 (b) Unsafe Condition Hillwood Pkwy., Fort Worth, TX 76177; This AD defines the unsafe condition as telephone 817–222–5110; email 9-ASW-FTW- elongation of the attachment screws and loss [email protected]. of tightening torque of the nut. This (2) For operations conducted under a 14 condition could result in structural failure of CFR part 119 operating certificate or under an MGB attachment fitting, detachment of an 14 CFR part 91, subpart K, the FAA suggests MGB suspension bar, and subsequent loss of that you notify your principal inspector, or control of the helicopter. lacking a principal inspector, the manager of
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4700 Sfmt 9990 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15936 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION the internet at https:// The FAA is issuing this AD to address www.regulations.gov by searching for erroneous indications of certain engine Federal Aviation Administration and locating Docket No. FAA–2019– parameters and reports of 0975. uncommanded attitudes with autopilot 14 CFR Part 39 engaged in cruise flight, which could Examining the AD Docket [Docket No. FAA–2019–0975; Product interfere with the decisions taken by the Identifier 2019–NM–176–AD; Amendment You may examine the AD docket on flight crew during takeoff and landing 39–19872; AD 2020–05–22] the internet at https:// and possibly result in reduced www.regulations.gov by searching for controllability of the airplane. See the RIN 2120–AA64 and locating Docket No. FAA–2019– MCAI for additional background 0975; or in person at Docket Operations information. ˜ Airworthiness Directives; Yabora between 9 a.m. and 5 p.m., Monday ´ ´ Explanation of Change to Industria Aeronautica S.A. (Type through Friday, except Federal holidays. Manufacturer’s Name Certificate Previously Held by Embraer The AD docket contains this final rule, S.A.) Airplanes the regulatory evaluation, any This AD identifies the manufacturer’s AGENCY: Federal Aviation comments received, and other name as published in the most recent Administration (FAA), Department of information. The address for Docket type certificate data sheet for the Transportation (DOT). Operations is U.S. Department of affected models. Transportation, Docket Operations, M– ACTION: Final rule. Comments 30, West Building Ground Floor, Room SUMMARY: The FAA is adopting a new W12–140, 1200 New Jersey Avenue SE, The FAA gave the public the airworthiness directive (AD) for certain Washington, DC 20590. opportunity to participate in developing Yabora˜ Indu´ stria Aerona´utica S.A. FOR FURTHER INFORMATION CONTACT: this final rule. The FAA has considered (Type Certificate Previously Held by Krista Greer, Aerospace Engineer, the comment received. The Air Line Embraer S.A.) Model ERJ 170 airplanes. International Section, Transport Pilots Association, International (ALPA) This AD was prompted by a report of Standards Branch, FAA, 2200 South indicated its support for the NPRM. erroneous indications of certain engine 216th St., Des Moines, WA 98198; Conclusion parameters and reports of ‘‘pitch up’’ telephone and fax 206–231–3221; email The FAA reviewed the relevant data, and ‘‘pitch down’’ uncommanded [email protected]. considered the comment received, and attitudes with autopilot engaged in SUPPLEMENTARY INFORMATION: cruise flight. This AD requires installing determined that air safety and the updated PRIMUS EPIC LOAD software, Discussion public interest require adopting this as specified in an Ageˆncia Nacional de final rule with the change described The ANAC, which is the aviation previously and minor editorial changes. Aviac¸a˜o Civil (ANAC) Brazilian AD, authority for Brazil, has issued Brazilian which is incorporated by reference. The The FAA has determined that these AD 2019–10–02, effective October 21, minor changes: FAA is issuing this AD to address the 2019 (‘‘Brazilian AD 2019–10–02’’) (also • unsafe condition on these products. Are consistent with the intent that referred to as the Mandatory Continuing was proposed in the NPRM for DATES: This AD is effective April 24, Airworthiness Information, or ‘‘the addressing the unsafe condition; and 2020. MCAI’’), to correct an unsafe condition • Do not add any additional burden The Director of the Federal Register for certain Yabora˜ Indu´ stria Aerona´utica upon the public than was already approved the incorporation by reference S.A. (Type Certificate Previously Held proposed in the NPRM. of a certain publication listed in this AD by Embraer S.A.) Model ERJ 170–100 The FAA also determined that these as of April 24, 2020. LR, –100 STD, –100 SE, and –100 SU changes will not increase the economic ADDRESSES: For the material airplanes; and Model ERJ 170–200 LR, burden on any operator or increase the incorporated by reference (IBR) in this –200 SU, –200 STD, and –200 LL scope of this final rule. AD, contact National Civil Aviation airplanes. Agency, Aeronautical Products The FAA issued a notice of proposed Related IBR Material Under 1 CFR Part Certification Branch (GGCP), Rua rulemaking (NPRM) to amend 14 CFR 51 Laurent Martins, nß 209, Jardim part 39 by adding an AD that would Brazilian AD 2019–10–02 describes Esplanada, CEP 12242–431—Sa˜o Jose´ apply to certain Yabora˜ Indu´ stria procedures for installing updated dos Campos—SP, Brazil; telephone 55 Aerona´utica S.A. (Type Certificate PRIMUS EPIC LOAD software. This (12) 3203–6600; email [email protected]; Previously Held by Embraer S.A.) Model material is reasonably available because internet www.anac.gov.br/en/. You may ERJ 170 airplanes. The NPRM published the interested parties have access to it find this IBR material on the ANAC in the Federal Register on December 17, through their normal course of business website at https://sistemas.anac.gov.br/ 2019 (84 FR 68819). The NPRM was or by the means identified in the certificacao/DA/DAE.asp. You may prompted by a report of erroneous ADDRESSES section. view this IBR material at the FAA, indications of certain engine parameters Transport Standards Branch, 2200 and reports of ‘‘pitch up’’ and ‘‘pitch Costs of Compliance South 216th St., Des Moines, WA. For down’’ uncommanded attitudes with The FAA estimates that this AD information on the availability of this autopilot engaged in cruise flight. The affects 540 airplanes of U.S. registry. material at the FAA, call 206–231–3195. NPRM proposed to require installing The FAA estimates the following costs It is also available in the AD docket on updated PRIMUS EPIC LOAD software. to comply with this AD:
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15937
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
9 work-hours × $85 per hour = $765 ...... $0 $765 $413,100
Authority for This Rulemaking PART 39—AIRWORTHINESS (g) Requirements DIRECTIVES Except as specified in paragraph (h) of this Title 49 of the United States Code AD: Comply with all required actions and specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 compliance times specified in, and in rules on aviation safety. Subtitle I, continues to read as follows: accordance with, Brazilian AD 2019–10–02. section 106, describes the authority of Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII: (h) Exceptions to Brazilian AD 2019–10–02 Aviation Programs, describes in more § 39.13 [Amended] (1) Where Brazilian AD 2019–10–02 refers to its effective date, this AD requires using detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding authority. the effective date of this AD. the following new airworthiness (2) The ‘‘Alternative method of compliance The FAA is issuing this rulemaking directive (AD): (AMOC)’’ section of Brazilian AD 2019–10– under the authority described in 2020–05–22 Yabora˜ Indu´ stria Aerona´utica 02 does not apply to this AD. Subtitle VII, Part A, Subpart III, Section S.A. (Type Certificate Previously Held (3) Where paragraph (d) of Brazilian AD 44701: ‘‘General requirements.’’ Under by Embraer S.A.): Amendment 39– 2019–10–02 specifies you must use certain that section, Congress charges the FAA 19872; Docket No. FAA–2019–0975; service information for software installation, with promoting safe flight of civil Product Identifier 2019–NM–176–AD. this AD specifies to use that service aircraft in air commerce by prescribing information as applicable, except as provided (a) Effective Date in paragraphs (a)(1) through (3) of Brazilian regulations for practices, methods, and This AD is effective April 24, 2020. AD 2019–10–02. procedures the Administrator finds necessary for safety in air commerce. (b) Affected ADs (i) Other FAA AD Provisions This regulation is within the scope of None. The following provisions also apply to this AD: that authority because it addresses an (c) Applicability unsafe condition that is likely to exist or (1) Alternative Methods of Compliance develop on products identified in this This AD applies to Yabora˜ Indu´ stria (AMOCs): The Manager, International Aerona´utica S.A. (Type certificate previously rulemaking action. Section, Transport Standards Branch, FAA, held by Embraer S.A.) Model ERJ 170–100 has the authority to approve AMOCs for this Regulatory Findings LR, –100 STD, –100 SE, and –100 SU AD, if requested using the procedures found airplanes; and Model ERJ 170–200 LR, –200 in 14 CFR 39.19. In accordance with 14 CFR This AD will not have federalism SU, –200 STD, and –200 LL airplanes; 39.19, send your request to your principal implications under Executive Order certificated in any category, as identified in inspector or local Flight Standards District ˆ 13132. This AD will not have a Agencia Nacional de Aviac¸a˜o Civil (ANAC) Office, as appropriate. If sending information Brazilian AD 2019–10–02, effective October directly to the International Section, send it substantial direct effect on the States, on 21, 2019 (‘‘Brazilian AD 2019–10–02’’). the relationship between the national to the attention of the person identified in government and the States, or on the (d) Subject paragraph (j) of this AD. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@ distribution of power and Air Transport Association (ATA) of faa.gov. Before using any approved AMOC, responsibilities among the various America Code 31, Indicating/recording systems. notify your appropriate principal inspector, levels of government. or lacking a principal inspector, the manager For the reasons discussed above, I (e) Reason of the local flight standards district office/ certify that this AD: This AD was prompted by a report of certificate holding district office. erroneous indications of the engine (2) Contacting the Manufacturer: For any (1) Is not a ‘‘significant regulatory requirement in this AD to obtain instructions action’’ under Executive Order 12866, parameters N1, N2, and ITT from both engines due to the design of data from a manufacturer, the instructions must (2) Will not affect intrastate aviation communication of the full authority digital be accomplished using a method approved in Alaska, and engine control (FADEC) 1 and 2 with the by the Manager, International Section, engine indicating and crew alerting system Transport Standards Branch, FAA; or ANAC; (3) Will not have a significant (EICAS) display, which could result in or ANAC’s authorized Designee. If approved economic impact, positive or negative, interference with decisions that must be by the ANAC Designee, the approval must on a substantial number of small entities taken by the flight crew during takeoff. This include the Designee’s authorized signature. under the criteria of the Regulatory AD was also prompted by reports of ‘‘pitch (j) Related Information Flexibility Act. up’’ and ‘‘pitch down’’ uncommanded attitudes with autopilot engaged in cruise For more information about this AD, List of Subjects in 14 CFR Part 39 flight, which could occur in ‘‘Autoland’’ contact Krista Greer, Aerospace Engineer, mode during landing. The FAA is proposing International Section, Transport Standards Air transportation, Aircraft, Aviation this AD to address these conditions, which Branch, FAA, 2200 South 216th St., Des safety, Incorporation by reference, could interfere with the decisions taken by Moines, WA 98198; telephone and fax 206– Safety. the flight crew during takeoff and landing 231–3221; email [email protected]. and possibly result in reduced controllability (k) Material Incorporated by Reference Adoption of the Amendment of the airplane. (1) The Director of the Federal Register Accordingly, under the authority (f) Compliance approved the incorporation by reference delegated to me by the Administrator, Comply with this AD within the (IBR) of the service information listed in this the FAA amends 14 CFR part 39 as compliance times specified, unless already paragraph under 5 U.S.C. 552(a) and 1 CFR follows: done. part 51.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15938 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
(2) You must use this service information correct installation of certain hardware, an unsafe condition for certain Airbus as applicable to do the actions required by and, depending on findings, SAS Model A319–115 airplanes; Model this AD, unless this AD specifies otherwise. accomplishment of applicable corrective A320–214, –216, –232, –251N, and (i) Ageˆncia Nacional de Aviac¸a˜o Civil actions, as specified in a European –271N airplanes; and Model A321–211, ANAC Brazilian AD 2019–10–02, effective October 21, 2019. Union Aviation Safety Agency (EASA) –231, –251N, –251NX, –253N, –271N, (ii) [Reserved] AD, which is incorporated by reference. –271NX, and –272N airplanes. (3) For information about ANAC Brazilian The FAA is issuing this AD to address The FAA issued a notice of proposed AD 2019–10–02, contact National Civil the unsafe condition on these products. rulemaking (NPRM) to amend 14 CFR Aviation Agency, Aeronautical Products DATES: This AD is effective April 24, part 39 by adding an AD that would Certification Branch (GGCP), Rua Laurent 2020. The Director of the Federal apply to certain Airbus SAS Model ß Martins, n 209, Jardim Esplanada, CEP Register approved the incorporation by A319–115 airplanes; Model A320–214, ´ 12242–431—Sa˜o Jose dos Campos—SP, reference of a certain publication listed –216, –232, –251N, and –271N Brazil; telephone 55 (12) 3203–6600; email in this AD as of April 24, 2020. airplanes; and Model A321–211, –231, [email protected]; internet www.anac.gov.br/ –251N, –251NX, –253N, –271N, en/. ADDRESSES: For the material (4) You may view this material at the FAA, incorporated by reference (IBR) in this –271NX, and –272N airplanes. The Transport Standards Branch, 2200 South AD, contact the EASA, Konrad- NPRM published in the Federal 216th St., Des Moines, WA. For information Adenauer-Ufer 3, 50668 Cologne, Register on December 16, 2019 (84 FR on the availability of this material at the Germany; telephone +49 221 89990 68365). The NPRM was prompted by FAA, call 206–231–3195. This material may 1000; email [email protected]; reports of incomplete installations of the be found in the AD docket on the internet at internet www.easa.europa.eu. You may over wing panel lug attachments in the https://www.regulations.gov by searching for production assembly line. The NPRM and locating Docket No. FAA–2019–0975. find this IBR material on the EASA website at https://ad.easa.europa.eu. proposed to require a one-time detailed (5) You may view this material that is inspection of certain attaching points on incorporated by reference at the National You may view this IBR material at the Archives and Records Administration FAA, Transport Standards Branch, 2200 the left-hand and right-hand wings for (NARA). For information on the availability South 216th St., Des Moines, WA. For the correct installation of certain of this material at NARA, email fedreg.legal@ information on the availability of this hardware, and, depending on findings, nara.gov, or go to: https://www.archives.gov/ material at the FAA, call 206–231–3195. accomplishment of applicable corrective federal-register/cfr/ibr-locations.html. It is also available in the AD docket on actions, as specified in an EASA AD. Issued on March 6, 2020. the internet at https:// The FAA is issuing this AD to address this condition, which, if not detected Lance T. Gant, www.regulations.gov by searching for and locating Docket No. FAA–2019– and corrected, could reduce the Director, Compliance & Airworthiness structural integrity of the wing. See the Division, Aircraft Certification Service. 0982. MCAI for additional background [FR Doc. 2020–05708 Filed 3–19–20; 8:45 am] Examining the AD Docket information. BILLING CODE 4910–13–P You may examine the AD docket on Comments the internet at https:// The FAA gave the public the DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for and locating Docket No. FAA–2019– opportunity to participate in developing Federal Aviation Administration 0982; or in person at Docket Operations this final rule. The FAA has considered between 9 a.m. and 5 p.m., Monday the comment received. The Air Line 14 CFR Part 39 through Friday, except Federal holidays. Pilots Association, International (ALPA) The AD docket contains this final rule, indicated its support for the NPRM. [Docket No. FAA–2019–0982; Product Identifier 2019–NM–170–AD; Amendment the regulatory evaluation, any Conclusion 39–19866; AD 2020–05–16] comments received, and other The FAA reviewed the relevant data, information. The address for Docket RIN 2120–AA64 considered the comment received, and Operations is U.S. Department of determined that air safety and the Transportation, Docket Operations, M– Airworthiness Directives; Airbus SAS public interest require adopting this 30, West Building Ground Floor, Room Airplanes final rule as proposed, except for minor W12–140, 1200 New Jersey Avenue SE, editorial changes. The FAA has AGENCY: Federal Aviation Washington, DC 20590. determined that these minor changes: Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: • Are consistent with the intent that Transportation (DOT). Sanjay Ralhan, Aerospace Engineer, was proposed in the NPRM for ACTION: Final rule. International Section, Transport addressing the unsafe condition; and Standards Branch, FAA, 2200 South • Do not add any additional burden SUMMARY: The FAA is adopting a new 216th St., Des Moines, WA 98198; upon the public than was already airworthiness directive (AD) for certain telephone and fax 206–231–3223; email proposed in the NPRM. Airbus SAS Model A319–115 airplanes; [email protected]. Related IBR Material Under 1 CFR Part Model A320–214, –216, –232, –251N, SUPPLEMENTARY INFORMATION: and –271N airplanes; and Model A321– 51 211, –231, –251N, –251NX, –253N, Discussion EASA AD 2019–0233 describes –271N, –271NX, and –272N airplanes. The EASA, which is the Technical procedures for a one-time detailed This AD was prompted by reports of Agent for the Member States of the inspection of certain attaching points on incomplete installations of the over European Union, has issued EASA AD the left-hand and right-hand wings for wing panel lug attachments in the 2019–0233, dated September 18, 2019; the correct installation of certain production assembly line. This AD corrected September 19, 2019 (‘‘EASA hardware (bolt, nut, washer, and cotter requires a one-time detailed inspection AD 2019–0233’’) (also referred to as the pin), and, depending on findings, of certain attaching points on the left- Mandatory Continuing Airworthiness accomplishment of applicable corrective hand and right-hand wings for the Information, or ‘‘the MCAI’’), to correct actions. Corrective actions include
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15939
installing missing hardware, doing a the interested parties have access to it Costs of Compliance detailed inspection of the attaching through their normal course of business The FAA estimates that this AD point and attaching straps for distortion or by the means identified in the affects 110 airplanes of U.S. registry. or missing parts, and repair. This ADDRESSES section. The FAA estimates the following costs material is reasonably available because to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Cost per Cost on U.S. Labor cost Parts cost product operators
2 work-hours × $85 per hour = $170 ...... $0 $170 $18,700 * Table does not include estimated costs for reporting.
The FAA estimates that it would take FAA estimates the cost of reporting the actions that would be required based on about 1 work-hour per product to inspection results on U.S. operators to the results of any required actions. The comply with the reporting requirement be $9,350, or $85 per product. FAA has no way of determining the in this AD. The average labor rate is $85 The FAA estimates the following number of aircraft that might need these per hour. Based on these figures, the costs to do any necessary on-condition on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost Parts cost Cost per product
Up to 20 work-hours × $85 per hour = $1,700 ...... Up to $77,850 ...... Up to $79,550.
Paperwork Reduction Act 44701: ‘‘General requirements.’’ Under Adoption of the Amendment that section, Congress charges the FAA A federal agency may not conduct or with promoting safe flight of civil Accordingly, under the authority sponsor, and a person is not required to aircraft in air commerce by prescribing delegated to me by the Administrator, respond to, nor shall a person be subject regulations for practices, methods, and the FAA amends 14 CFR part 39 as to penalty for failure to comply with a procedures the Administrator finds follows: collection of information subject to the necessary for safety in air commerce. requirements of the Paperwork PART 39—AIRWORTHINESS This regulation is within the scope of Reduction Act unless that collection of DIRECTIVES that authority because it addresses an information displays a current valid unsafe condition that is likely to exist or OMB control number. The control ■ 1. The authority citation for part 39 develop on products identified in this number for the collection of information continues to read as follows: rulemaking action. required by this AD is 2120–0056. The Authority: 49 U.S.C. 106(g), 40113, 44701. paperwork cost associated with this AD Regulatory Findings has been detailed in the Costs of § 39.13 [Amended] Compliance section of this document This AD will not have federalism ■ 2. The FAA amends § 39.13 by adding and includes time for reviewing implications under Executive Order the following new airworthiness instructions, as well as completing and 13132. This AD will not have a directive (AD): reviewing the collection of information. substantial direct effect on the States, on Therefore, all reporting associated with the relationship between the national 2020–05–16 Airbus SAS: Amendment 39– this AD is mandatory. Comments government and the States, or on the 19866; Docket No. FAA–2019–0982; concerning the accuracy of this burden distribution of power and Product Identifier 2019–NM–170–AD. and suggestions for reducing the burden responsibilities among the various (a) Effective Date levels of government. should be directed to Information This AD is effective April 24, 2020. Collection Clearance Officer, Federal For the reasons discussed above, I Aviation Administration, 10101 certify that this AD: (b) Affected ADs None. Hillwood Parkway, Fort Worth, TX (1) Is not a ‘‘significant regulatory 76177–1524. action’’ under Executive Order 12866, (c) Applicability Authority for This Rulemaking (2) Will not affect intrastate aviation This AD applies to the Airbus SAS in Alaska, and airplanes specified in paragraphs (c)(1) Title 49 of the United States Code through (3) of this AD, certificated in any specifies the FAA’s authority to issue (3) Will not have a significant category, as identified in European Union rules on aviation safety. Subtitle I, economic impact, positive or negative, Aviation Safety Agency (EASA) AD 2019– section 106, describes the authority of on a substantial number of small entities 0233, dated September 18, 2019; corrected the FAA Administrator. Subtitle VII: under the criteria of the Regulatory September 19, 2019 (‘‘EASA AD 2019– Aviation Programs, describes in more Flexibility Act. 0233’’). detail the scope of the Agency’s (1) Model A319–115 airplanes. List of Subjects in 14 CFR Part 39 (2) Model A320–214, –216, –232, –251N, authority. and –271N airplanes. The FAA is issuing this rulemaking Air transportation, Aircraft, Aviation (3) Model A321–211, –231, –251N, under the authority described in safety, Incorporation by reference, –251NX, –253N, –271N, –271NX, and –272N Subtitle VII, Part A, Subpart III, Section Safety. airplanes.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15940 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
(d) Subject or Airbus SAS’s EASA Design Organization easa.europa.eu; Internet Air Transport Association (ATA) of Approval (DOA). If approved by the DOA, www.easa.europa.eu. You may find this America Code 57, Wings. the approval must include the DOA- EASA AD on the EASA website at https:// authorized signature. ad.easa.europa.eu. (e) Reason (3) Required for Compliance (RC): For any (4) You may view this material at the FAA, This AD was prompted by reports of service information referenced in EASA AD Transport Standards Branch, 2200 South incomplete installations of the over wing 2019–0233 that contains RC procedures and 216th St., Des Moines, WA. For information panel lug attachments in the production tests: Except as required by paragraph (i)(2) on the availability of this material at the assembly line. The FAA is issuing this AD to of this AD, RC procedures and tests must be FAA, call 206–231–3195. This material may address this condition, which, if not detected done to comply with this AD; any procedures be found in the AD docket on the internet at and corrected, could reduce the structural or tests that are not identified as RC are https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0982. integrity of the wing. recommended. Those procedures and tests that are not identified as RC may be deviated (5) You may view this material that is (f) Compliance from using accepted methods in accordance incorporated by reference at the National Comply with this AD within the with the operator’s maintenance or Archives and Records Administration compliance times specified, unless already inspection program without obtaining (NARA). For information on the availability of this material at NARA, email fedreg.legal@ done. approval of an AMOC, provided the procedures and tests identified as RC can be nara.gov, or go to: https://www.archives.gov/ (g) Requirements done and the airplane can be put back in an federal-register/cfr/ibr-locations.html. Except as specified in paragraph (h) of this airworthy condition. Any substitutions or Issued on March 4, 2020. AD: Comply with all required actions and changes to procedures or tests identified as Gaetano A. Sciortino, compliance times specified in, and in RC require approval of an AMOC. Deputy Director for Strategic Initiatives, accordance with, EASA AD 2019–0233. (4) Paperwork Reduction Act Burden Compliance & Airworthiness Division, Statement: A federal agency may not conduct Aircraft Certification Service. (h) Exceptions to EASA AD 2019–0233 or sponsor, and a person is not required to (1) Where EASA AD 2019–0233 refers to its respond to, nor shall a person be subject to [FR Doc. 2020–05764 Filed 3–19–20; 8:45 am] effective date, this AD requires using the a penalty for failure to comply with a BILLING CODE 4910–13–P effective date of this AD. collection of information subject to the (2) The ‘‘Remarks’’ section of EASA AD requirements of the Paperwork Reduction 2019–0233 does not apply to this AD. Act unless that collection of information DEPARTMENT OF TRANSPORTATION (3) Where any service information displays a current valid OMB Control referenced in EASA AD 2019–0233 specifies Number. The OMB Control Number for this Federal Aviation Administration reporting, this AD requires reporting all information collection is 2120–0056. Public inspection results at the applicable time reporting for this collection of information is 14 CFR Part 39 specified in paragraph (h)(3)(i) or (ii) of this estimated to be approximately 1 hour per AD. If operators have reported findings as response, including the time for reviewing [Docket No. FAA–2019–0976; Product part of obtaining any corrective actions instructions, searching existing data sources, Identifier 2019–NM–177–AD; Amendment approved by Airbus SAS’s EASA Design gathering and maintaining the data needed, 39–19871; AD 2020–05–21] Organization Approval (DOA), operators are and completing and reviewing the collection RIN 2120–AA64 not required to report those findings as of information. All responses to this specified in this paragraph. collection of information are mandatory as Airworthiness Directives; Yabora˜ (i) If the inspection was done on or after required by this AD; the nature and extent of Indu´ stria Aerona´utica S.A. (Type the effective date of this AD: Submit the confidentiality to be provided, if any. Send Certificate Previously Held by Embraer report within 30 days after the inspection. comments regarding this burden estimate or S.A.) Airplanes (ii) If the inspection was done before the any other aspect of this collection of effective date of this AD: Submit the report information, including suggestions for AGENCY: Federal Aviation within 30 days after the effective date of this reducing this burden to Information Administration (FAA), Department of AD. Collection Clearance Officer, Federal Transportation (DOT). (i) Other FAA AD Provisions Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177–1524. ACTION: Final rule. The following provisions also apply to this AD: (j) Related Information SUMMARY: The FAA is adopting a new (1) Alternative Methods of Compliance For more information about this AD, airworthiness directive (AD) for certain (AMOCs): The Manager, International contact Sanjay Ralhan, Aerospace Engineer, Yabora˜ Indu´ stria Aerona´utica S.A. Section, Transport Standards Branch, FAA, International Section, Transport Standards (Type Certificate Previously Held by has the authority to approve AMOCs for this Branch, FAA, 2200 South 216th St., Des Embraer S.A.) Model ERJ 190–100 STD, AD, if requested using the procedures found Moines, WA 98198; telephone and fax 206– –100 LR, –100 ECJ, –100 IGW, –200 in 14 CFR 39.19. In accordance with 14 CFR 231–3223; email [email protected]. STD, –200 LR, and –200 IGW airplanes. 39.19, send your request to your principal (k) Material Incorporated by Reference This AD was prompted by a report of inspector or local Flight Standards District erroneous indications of certain engine Office, as appropriate. If sending information (1) The Director of the Federal Register directly to the International Section, send it approved the incorporation by reference parameters and reports of ‘‘pitch up’’ to the attention of the person identified in (IBR) of the service information listed in this and ‘‘pitch down’’ uncommanded paragraph (j) of this AD. Information may be paragraph under 5 U.S.C. 552(a) and 1 CFR attitudes with autopilot engaged in emailed to: 9-ANM-116-AMOC-REQUESTS@ part 51. cruise flight. This AD requires installing faa.gov. Before using any approved AMOC, (2) You must use this service information updated PRIMUS EPIC LOAD software, notify your appropriate principal inspector, as applicable to do the actions required by as specified in an Ageˆncia Nacional de or lacking a principal inspector, the manager this AD, unless this AD specifies otherwise. Aviac¸a˜o Civil (ANAC) Brazilian AD, of the local flight standards district office/ (i) European Union Aviation Safety Agency which is incorporated by reference. The certificate holding district office. (EASA) AD 2019–0233, dated September 18, FAA is issuing this AD to address the (2) Contacting the Manufacturer: For any 2019; corrected September 19, 2019. unsafe condition on these products. requirement in this AD to obtain instructions (ii) [Reserved] from a manufacturer, the instructions must (3) For information about EASA AD 2019– DATES: This AD is effective April 24, be accomplished using a method approved 0233, contact the EASA, Konrad-Adenauer- 2020. by the Manager, International Section, Ufer 3, 50668 Cologne, Germany; telephone The Director of the Federal Register Transport Standards Branch, FAA; or EASA; +49 221 89990 6017; email ADs@ approved the incorporation by reference
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15941
of a certain publication listed in this AD Discussion Explanation of Change to as of April 24, 2020. Manufacturer’s Name The ANAC, which is the aviation ADDRESSES: For the material authority for Brazil, has issued Brazilian This AD identifies the manufacturer’s incorporated by reference (IBR) in this name as published in the most recent AD, contact National Civil Aviation AD 2019–10–01, effective October 21, 2019 (‘‘Brazilian AD 2019–10–01’’) (also type certificate data sheet for the Agency, Aeronautical Products affected models. Certification Branch (GGCP), Rua referred to as the Mandatory Continuing Laurent Martins, nß 209, Jardim Airworthiness Information, or ‘‘the Comments Esplanada, CEP 12242–431—Sa˜o Jose´ MCAI’’), to correct an unsafe condition for certain Yabora˜ Indu´ stria Aerona´utica The FAA gave the public the dos Campos—SP, Brazil; telephone 55 opportunity to participate in developing (12) 3203–6600; email [email protected]; S.A. (Type Certificate Previously Held by Embraer S.A.) Model ERJ 190–100 this final rule. The FAA has considered internet www.anac.gov.br/en/. You may the comment received. The Air Line find this IBR material on the ANAC STD, –100 LR, –100 ECJ, –100 IGW, –100 SR, –200 STD, –200 LR, and –200 Pilots Association, International (ALPA) website at https://sistemas.anac.gov.br/ indicated its support for the NPRM. certificacao/DA/DAE.asp. You may IGW airplanes. Model ERJ 190–100 SR view this IBR material at the FAA, airplanes are not certified by the FAA Conclusion Transport Standards Branch, 2200 and are not included on the U.S. type certificate data sheet; this AD therefore The FAA reviewed the relevant data, South 216th St., Des Moines, WA. For considered the comment received, and information on the availability of this does not include those airplanes in the applicability. determined that air safety and the material at the FAA, call 206–231–3195. public interest require adopting this It is also available in the AD docket on The FAA issued a notice of proposed final rule with the change described the internet at https:// rulemaking (NPRM) to amend 14 CFR previously and minor editorial changes. www.regulations.gov by searching for part 39 by adding an AD that would The FAA has determined that these and locating Docket No. FAA–2019– apply to certain Yabora˜ Indu´ stria minor changes: 0976. Aerona´utica S.A. (Type Certificate • Are consistent with the intent that Previously Held by Embraer S.A.) Model Examining the AD Docket was proposed in the NPRM for ERJ 190–100 STD, –100 LR, –100 ECJ, addressing the unsafe condition; and You may examine the AD docket on –100 IGW, –100 SR, –200 STD, –200 LR, • Do not add any additional burden the internet at https:// and –200 IGW airplanes. The NPRM upon the public than was already www.regulations.gov by searching for published in the Federal Register on proposed in the NPRM. and locating Docket No. FAA–2019– December 17, 2019 (84 FR 68824). The The FAA also determined that these 0976; or in person at Docket Operations NPRM was prompted by a report of changes will not increase the economic between 9 a.m. and 5 p.m., Monday erroneous indications of certain engine burden on any operator or increase the through Friday, except Federal holidays. parameters and reports of ‘‘pitch up’’ scope of this final rule. The AD docket contains this final rule, and ‘‘pitch down’’ uncommanded the regulatory evaluation, any attitudes with autopilot engaged in Related IBR Material Under 1 CFR Part comments received, and other cruise flight. The NPRM proposed to 51 information. The address for Docket require installing updated PRIMUS EPIC Brazilian AD 2019–10–01 describes Operations is U.S. Department of LOAD software, as specified in an procedures for installing updated Transportation, Docket Operations, M– ANAC Brazilian AD. PRIMUS EPIC LOAD software. This 30, West Building Ground Floor, Room The FAA is issuing this AD to address material is reasonably available because W12–140, 1200 New Jersey Avenue SE, erroneous indications of certain engine the interested parties have access to it Washington, DC 20590. parameters and reports of through their normal course of business FOR FURTHER INFORMATION CONTACT: uncommanded attitudes with autopilot or by the means identified in the Krista Greer, Aerospace Engineer, engaged in cruise flight, which could ADDRESSES section. International Section, Transport interfere with the decisions taken by the Standards Branch, FAA, 2200 South flight crew during takeoff and landing Costs of Compliance 216th St., Des Moines, WA 98198; and possibly result in reduced The FAA estimates that this AD telephone and fax 206–231–3221; email controllability of the airplane. See the affects 107 airplanes of U.S. registry. [email protected]. MCAI for additional background The FAA estimates the following costs SUPPLEMENTARY INFORMATION: information. to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
9 work-hours × $85 per hour = $765 ...... $0 $765 $81,855
Authority for this Rulemaking detail the scope of the Agency’s aircraft in air commerce by prescribing authority. regulations for practices, methods, and Title 49 of the United States Code procedures the Administrator finds specifies the FAA’s authority to issue The FAA is issuing this rulemaking under the authority described in necessary for safety in air commerce. rules on aviation safety. Subtitle I, This regulation is within the scope of section 106, describes the authority of Subtitle VII, Part A, Subpart III, Section 44701: ‘‘General requirements.’’ Under that authority because it addresses an the FAA Administrator. Subtitle VII: unsafe condition that is likely to exist or Aviation Programs, describes in more that section, Congress charges the FAA with promoting safe flight of civil
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15942 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
develop on products identified in this (d) Subject from a manufacturer, the instructions must rulemaking action. Air Transport Association (ATA) of be accomplished using a method approved America Code 31, Indicating/recording by the Manager, International Section, Regulatory Findings systems. Transport Standards Branch, FAA; or ANAC; or ANAC’s authorized Designee. If approved This AD will not have federalism (e) Reason implications under Executive Order by the ANAC Designee, the approval must This AD was prompted by a case of include the Designee’s authorized signature. 13132. This AD will not have a erroneous indications of the engine substantial direct effect on the States, on parameters N1, N2, and ITT from both (j) Related Information the relationship between the national engines due to the design of data For more information about this AD, government and the States, or on the communication of the full authority digital contact Krista Greer, Aerospace Engineer, distribution of power and engine control (FADEC) 1 and 2 with the engine indicating and crew alerting system International Section, Transport Standards responsibilities among the various Branch, FAA, 2200 South 216th St., Des levels of government. (EICAS) display, which could result in interference with decisions that must be Moines, WA 98198; telephone and fax 206– For the reasons discussed above, I taken by the flight crew during takeoff. This 231–3221; email [email protected]. certify that this AD: AD was also prompted by reports of ‘‘pitch (k) Material Incorporated by Reference (1) Is not a ‘‘significant regulatory up’’ and ‘‘pitch down’’ uncommanded action’’ under Executive Order 12866, attitudes with autopilot engaged in cruise (1) The Director of the Federal Register approved the incorporation by reference (2) Will not affect intrastate aviation flight, which could occur in ‘‘Autoland’’ mode during landing. The FAA is proposing (IBR) of the service information listed in this in Alaska, and this AD to address these conditions, which paragraph under 5 U.S.C. 552(a) and 1 CFR (3) Will not have a significant could interfere with the decisions taken by part 51. economic impact, positive or negative, the flight crew during takeoff and landing (2) You must use this service information on a substantial number of small entities and possibly result in reduced controllability as applicable to do the actions required by of the airplane. under the criteria of the Regulatory this AD, unless this AD specifies otherwise. Flexibility Act. (f) Compliance (i) Ageˆncia Nacional de Aviac¸a˜o Civil List of Subjects in 14 CFR Part 39 Comply with this AD within the (ANAC) Brazilian AD 2019–10–01, effective compliance times specified, unless already October 21, 2019. Air transportation, Aircraft, Aviation done. (ii) [Reserved] safety, Incorporation by reference, (3) For information about ANAC Brazilian (g) Requirements Safety. AD 2019–10–01, contact National Civil Except as specified in paragraph (h) of this Aviation Agency, Aeronautical Products Adoption of the Amendment AD: Comply with all required actions and Certification Branch (GGCP), Rua Laurent compliance times specified in, and in Martins, nß 209, Jardim Esplanada, CEP Accordingly, under the authority accordance with, Brazilian AD 2019–10–01. delegated to me by the Administrator, 12242–431—Sa˜o Jose´ dos Campos—SP, the FAA amends 14 CFR part 39 as (h) Exceptions to Brazilian AD 2019–10–01 Brazil; telephone 55 (12) 3203–6600; email follows: (1) Where Brazilian AD 2019–10–01 refers [email protected]; internet www.anac.gov.br/ to its effective date, this AD requires using en/. PART 39—AIRWORTHINESS the effective date of this AD. (4) You may view this material at the FAA, DIRECTIVES (2) The ‘‘Alternative method of compliance Transport Standards Branch, 2200 South (AMOC)’’ section of Brazilian AD 2019–10– 216th St., Des Moines, WA. For information ■ 1. The authority citation for part 39 01 does not apply to this AD. on the availability of this material at the (3) Where paragraph (d) of Brazilian AD FAA, call 206–231–3195. This material may continues to read as follows: 2019–10–01 specifies you must use certain be found in the AD docket on the internet at Authority: 49 U.S.C. 106(g), 40113, 44701. service information for software installation, this AD specifies to use that service https://www.regulations.gov by searching for § 39.13 [Amended] information as applicable, except as provided and locating Docket No. FAA–2019–0976. (5) You may view this material that is ■ in paragraphs (a)(1) through (6) of Brazilian 2. The FAA amends § 39.13 by adding AD 2019–10–01. incorporated by reference at the National the following new airworthiness Archives and Records Administration (i) Other FAA AD Provisions directive (AD): (NARA). For information on the availability 2020–05–21 Yabora˜ Indu´ stria Aerona´utica The following provisions also apply to this of this material at NARA, email fedreg.legal@ S.A. (Type Certificate Previously Held AD: nara.gov, or go to: https://www.archives.gov/ (1) Alternative Methods of Compliance by Embraer S.A.). Amendment 39– federal-register/cfr/ibr-locations.html. 19871; Docket No. FAA–2019–0976; (AMOCs): The Manager, International Product Identifier 2019–NM–177–AD. Section, Transport Standards Branch, FAA, Issued on March 4, 2020. has the authority to approve AMOCs for this Gaetano A. Sciortino, (a) Effective Date AD, if requested using the procedures found Deputy Director for Strategic Initiatives, This AD is effective April 24, 2020. in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal Compliance & Airworthiness Division, (b) Affected ADs inspector or local Flight Standards District Aircraft Certification Service. None. Office, as appropriate. If sending information [FR Doc. 2020–05766 Filed 3–19–20; 8:45 am] directly to the International Section, send it BILLING CODE 4910–13–P (c) Applicability to the attention of the person identified in This AD applies to Yabora˜ Indu´ stria paragraph (j) of this AD. Information may be Aerona´utica S.A. (Type Certificate Previously emailed to: 9-ANM-116-AMOC-REQUESTS@ Held by Embraer S.A.) Model ERJ 190–100 faa.gov. Before using any approved AMOC, STD, –100 LR, –100 ECJ, –100 IGW, –200 notify your appropriate principal inspector, STD, –200 LR, and –200 IGW airplanes, as or lacking a principal inspector, the manager identified in Ageˆncia Nacional de Aviac¸a˜o of the local flight standards district office/ Civil (ANAC) Brazilian AD 2019–10–01, certificate holding district office. effective October 21, 2019 (‘‘Brazilian AD (2) Contacting the Manufacturer: For any 2019–10–01’’). requirement in this AD to obtain instructions
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15943
DEPARTMENT OF TRANSPORTATION For service information identified in This condition, if not addressed, this final rule, contact International could result in failure of one or more Federal Aviation Administration Aero Engines, LLC, 400 Main Street, engines, loss of thrust control, and loss East Hartford, CT 06118, United States; of the airplane. The FAA is issuing this 14 CFR Part 39 phone: 800–565–0140; email: help24@ AD to address the unsafe condition on [Docket No. FAA–2020–0184; Project pw.utc.com; website: https:// these products. fleetcare.pw.utc.com. You may view this Identifier AD–2020–00187–E; Amendment Related Service Information Under 1 service information at the FAA, Engine 39–21104; AD 2020–06–02] CFR Part 51 and Propeller Standards Branch, 1200 RIN 2120–AA64 District Avenue, Burlington, MA, 01803. The FAA reviewed Pratt & Whitney (P&W) Service Bulletin (SB) PW1000G– Airworthiness Directives; International For information on the availability of C–72–00–0154–00A–930A–D, Issue No. Aero Engines, LLC Turbofan Engines this material at the FAA, call 781–238– 7759. It is also available on the internet 004, dated February 14, 2020. The AGENCY: Federal Aviation at https://www.regulations.gov by service information describes Administration (FAA), DOT. searching for and locating Docket No. procedures for performing initial and ACTION: Final rule; request for FAA–2020–0184. repetitive BSIs of the LPT 3rd-stage comments. turbine pistol seal. This service Examining the AD Docket information is reasonably available SUMMARY: The FAA is adopting a new You may examine the AD docket on because the interested parties have airworthiness directive (AD) for all the internet at https:// access to it through their normal course International Aero Engines, LLC (IAE) www.regulations.gov by searching for of business or by the means identified PW1122G–JM, PW1124G1–JM, and locating Docket No. FAA–2020– in the ADDRESSES section. PW1124G–JM, PW1127GA–JM, 0184; or in person at Docket Operations Other Related Service Information PW1127G1–JM, PW1127G–JM, between 9 a.m. and 5 p.m., Monday PW1133G–JM, PW1133GA–JM, through Friday, except Federal holidays. The FAA reviewed Airbus Aircraft PW1130G–JM, and PW1129G–JM model The AD docket contains this final rule, Maintenance Manual (AMM) TASK 72– turbofan engines with a certain low- any comments received, and other 53–00–200–801–A. The AMM describes pressure turbine (LPT) 3rd-stage blade information. The street address for the procedures for BSI of the LPT assembly. installed. This AD requires initial and Docket Operations is listed above. FAA’s Determination repetitive borescope inspections (BSI) of Comments will be available in the AD the turbine stator intermediate outer docket shortly after receipt. The FAA is issuing this AD because it evaluated all the relevant information rear air seal (turbine piston seal) and, FOR FURTHER INFORMATION CONTACT: and determined the unsafe condition depending on the results of the Kevin M. Clark, Aerospace Engineer, described previously is likely to exist or inspection, replacement with a part ECO Branch, FAA, 1200 District develop in other products of the same eligible for installation. This AD was Avenue, Burlington, MA 01803; phone: type design. prompted by reports of failure of turbine 781–238–7088; fax: 781–238–7199; piston seals leading to fracture of the email: [email protected]. AD Requirements LPT 3rd-stage blades. The FAA is SUPPLEMENTARY INFORMATION: This AD requires initial and repetitive issuing this AD to address the unsafe BSI of the turbine piston seal and, condition on these products. Discussion depending on the results of the DATES: This AD is effective April 6, The FAA has received reports of 57 inspection, replacement with a part 2020. instances of fractures occurring on LPT eligible for installation. The Director of the Federal Register 3rd-stage blades during operation since approved the incorporation by reference 2017. Justification for Immediate Adoption of a certain publication listed in this AD In response to the LPT 3rd-stage blade and Determination of the Effective Date as of April 6, 2020. fractures that occurred from 2017 until Section 553(b)(3)(B) of the The FAA must receive comments on November 2019, and in response to on- Administrative Procedure Act (APA) (5 this AD by May 4, 2020. going investigations of these fractures, U.S.C.) authorizes agencies to dispense ADDRESSES: You may send comments, the FAA proposed an AD, Product with notice and comment procedures using the procedures found in 14 CFR Identifier 2019–NE–31–AD (84 FR for rules when the agency, for ‘‘good 11.43 and 11.45, by any of the following 64441, November 22, 2019), to replace cause,’’ finds that those procedures are methods: the LPT 3rd-stage blades with more ‘‘impracticable, unnecessary, or contrary • Federal eRulemaking Portal: Go to impact-resistant LPT blades. The FAA to the public interest.’’ Under this https://www.regulations.gov. Follow the also issued AD 2019–25–01 (84 FR section, an agency, upon finding good instructions for submitting comments. 65666, November 29, 2019) to accelerate cause, may issue a final rule without • Fax: 202–493–2251. replacement of certain LPT 3rd-stage seeking comment prior to the • Mail: U.S. Department of blades on the affected engines. Since rulemaking. Similarly, Section 553(d) of Transportation, Docket Operations, M– November 2019, 12 additional LPT 3rd- the APA authorizes agencies to make 30, West Building Ground Floor, Room stage blade fractures have occurred. rules effective in less than 30 days, W12–140, 1200 New Jersey Avenue SE, The FAA investigation determined upon a finding of good cause. Washington, DC 20590. that 28 of the 57 LPT 3rd-stage blade An unsafe condition exists that • Hand Delivery: U.S. Department of fractures resulted from wear and requires the immediate adoption of this Transportation, Docket Operations, M– fracture of the turbine piston seal AD without providing an opportunity 30, West Building Ground Floor, Room releasing debris that impacted the LPT for public comments prior to adoption. W12–140, 1200 New Jersey Avenue SE, 3rd-stage blades. The FAA is therefore The FAA has found that the risk to the Washington, DC 20590, between 9 a.m. issuing this AD to prevent failure of the flying public justifies waiving notice and 5 p.m., Monday through Friday, turbine piston seals and fracture of the and comment prior to adoption of this except Federal holidays. LPT 3rd-stage blades. rule. The affected IAE model turbofan
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15944 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
engines, with a certain LPT 3rd-stage about this final rule. Send your that you actually treat as private, and blade installed, have experienced 57 comments to an address listed under the that is relevant or responsive to this AD, LPT 3rd-stage blade fractures during ADDRESSES section. Include the docket it is important that you clearly designate operation since 2017, with 12 LPT 3rd- number FAA–2020–0184 and Project the submitted comments as CBI. Please stage blade fractures occurring between Identifier AD–2020–00187–E at the mark each page of your submission December 2019 and February 2020. beginning of your comments. The FAA containing CBI as ‘‘PROPIN.’’ The FAA Twenty-eight of the 57 LPT 3rd-stage specifically invites comments on the will treat such marked submissions as blade fractures resulted from wear and overall regulatory, economic, confidential under the FOIA, and they fracture of the turbine piston seal environmental, and energy aspects of will not be placed in the public docket releasing debris that impacted the LPT this final rule. The FAA will consider of this AD. Submissions containing CBI 3rd-stage blades. The turbine piston seal all comments received by the closing should be sent to Kevin M. Clark, must be inspected within 15 days on date and may amend this final rule Aerospace Engineer, ECO Branch, FAA, engines operating on extended because of those comments. 1200 District Avenue, Burlington, MA, Except for Confidential Business operations (ETOPS) flights and within 01803. Any commentary that the FAA Information (CBI) as described in the 45 days on engines that do not operate receives which is not specifically following paragraph, and other on ETOPS flights. This unsafe condition designated as CBI will be placed in the may result in loss of the airplane. information as described in 14 CFR The FAA considers the inspection of 11.35, the FAA will post all comments public docket for this rulemaking. the turbine piston seals to be an urgent received, without change, to https:// Regulatory Flexibility Act safety issue. Accordingly, notice and www.regulations.gov, including any opportunity for prior public comment personal information you provide. The The requirements of the Regulatory are impracticable and contrary to public FAA will also post a report Flexibility Act (RFA) do not apply when interest pursuant to 5 U.S.C. summarizing each substantive verbal an agency finds good cause pursuant to 553(b)(3)(B). In addition, for the reasons contact received about this AD. 5 U.S.C. 553 to adopt a rule without stated above, the FAA finds that good prior notice and comment. Because FAA Confidential Business Information cause exists pursuant to 5 U.S.C. 553(d) has determined that it has good cause to for making this amendment effective in Confidential Business Information adopt this rule without notice and less than 30 days. (CBI) is commercial or financial comment, RFA analysis is not required. information that is both customarily and Comments Invited actually treated as private by its owner. Costs of Compliance This AD is a final rule that involves Under the Freedom of Information Act requirements affecting flight safety and (FOIA) (5 U.S.C. 552), CBI is exempt The FAA estimates that this AD was not preceded by notice and an from public disclosure. If your affects 40 engines installed on airplanes opportunity for public comment. comments responsive to this AD contain of U.S. registry. However, the FAA invites you to send commercial or financial information The FAA estimates the following any written data, views, or arguments that is customarily treated as private, costs to comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
BSI turbine piston seal ...... 2 work-hours × $85 per hour = $170 ...... $0 $170 $6,800
The FAA estimates the following results of the inspection. The FAA has engines that might need this costs to do any necessary replacements no way of determining the number of replacement: that would be required based on the
ON-CONDITION COSTS
Cost per Action Labor cost Parts cost product
Replace turbine piston seal ...... 30 work-hours × $85 per hour = $2,550 ...... $30,000 ...... $32,550 Replace set of LPT 3rd-stage blades ...... 408 work-hours × $85 per hour = $34,680 ..... $750,000 per blade set ...... 784,680
Authority for This Rulemaking Subtitle VII, Part A, Subpart III, Section develop on products identified in this 44701: ‘‘General requirements.’’ Under rulemaking action. Title 49 of the United States Code that section, Congress charges the FAA specifies the FAA’s authority to issue Regulatory Findings with promoting safe flight of civil rules on aviation safety. Subtitle I, aircraft in air commerce by prescribing section 106, describes the authority of This AD will not have federalism the FAA Administrator. ‘‘Subtitle VII: regulations for practices, methods, and implications under Executive Order Aviation Programs’’ describes in more procedures the Administrator finds 13132. This AD will not have a detail the scope of the Agency’s necessary for safety in air commerce. substantial direct effect on the States, on authority. This regulation is within the scope of the relationship between the national that authority because it addresses an The FAA is issuing this rulemaking government and the States, or on the under the authority described in unsafe condition that is likely to exist or distribution of power and
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15945
responsibilities among the various (g) Required Actions send your request to your principal inspector levels of government. (1) Perform a borescope inspection (BSI) of or local Flight Standards District Office, as For the reasons discussed above, I the turbine piston seal shiplap in accordance appropriate. If sending information directly certify that this AD: with the Accomplishment Instructions, For to the manager of the certification office, (1) Is not a ‘‘significant regulatory Engines Installed On Aircraft, paragraph B of send it to the attention of the person action’’ under Executive Order 12866, Pratt & Whitney (P&W) Service Bulletin (SB) identified in paragraph (k) of this AD. You and PW1000G–C–72–00–0154–00A–930A–D, may email your request to: ANE-AD-AMOC@ (2) Will not affect intrastate aviation Issue No. 004, dated February 14, 2020 faa.gov. in Alaska. (‘‘P&W SB PW1000G–C–72–00–0154–00A– (2) Before using any approved AMOC, 930A–D’’), or the Accomplishment notify your appropriate principal inspector, List of Subjects in 14 CFR Part 39 Instructions, For Engines Not Installed on Aircraft, paragraph A of P&W SB PW1000G– or lacking a principal inspector, the manager Air transportation, Aircraft, Aviation C–72–00–0154–00A–930A–D, as applicable, of the local flight standards district office/ safety, Incorporation by reference, as follows: certificate holding district office. Safety. (i) For engines operating on extended (k) Related Information operations (ETOPS) flights, perform the BSI Adoption of the Amendment of the turbine piston seal shiplap within 15 For more information about this AD, Accordingly, under the authority days after the effective date of this AD. contact Kevin M. Clark, Aerospace Engineer, delegated to me by the Administrator, (ii) For engines that do not operate on ECO Branch, FAA, 1200 District Avenue, the FAA amends 14 CFR part 39 as ETOPS flights, perform the BSI of the turbine Burlington, MA 01803; phone: 781–238– follows: piston seal shiplap within 45 days after the 7088; fax: 781–238–7199; email: effective date of this AD. [email protected]. PART 39—AIRWORTHINESS (iii) Before further flight, remove from DIRECTIVES service any turbine piston seal found to (l) Material Incorporated by Reference exceed serviceable limits, as described in the (1) The Director of the Federal Register ■ 1. The authority citation for part 39 Accomplishment Instructions, For Engines Installed On Aircraft, paragraph C.(1) and approved the incorporation by reference continues to read as follows: C.(2), of P&W SB PW1000G–C–72–00–0154– (IBR) of the service information listed in this Authority: 49 U.S.C. 106(g), 40113, 44701. 00A–930A–D. paragraph under 5 U.S.C. 552(a) and 1 CFR (iv) If any turbine piston seal shiplap is part 51. § 39.13 [Amended] found fractured and missing, before further (2) You must use this service information ■ 2. The FAA amends § 39.13 by adding flight, BSI the LPT 3rd-stage blades, and as applicable to do the actions required by the following new airworthiness remove any LPT 3rd-stage blade found to this AD, unless the AD specifies otherwise. exceed serviceable limits. directive (AD): (i) Pratt & Whitney Service Bulletin Note 1 to paragraph (g)(1)(iv): Guidance on PW1000G–C–72–00–0154–00A–930A–D, 2020–06–02 International Aero Engines determining LPT 3rd-stage blade serviceable Issue No. 004, dated February 14, 2020. LLC: Amendment 39–21104; Docket No. limits can be found in Airbus Aircraft (ii) [Reserved] FAA–2020–0184; Project Identifier AD– Maintenance Manual (AMM) TASK 72–53– 2020–00187–E. 00–200–801–A. (3) For Pratt & Whitney service information identified in this AD, contact International (a) Effective Date (2) Thereafter, repeat the BSI required by Aero Engines, LLC, 400 Main Street, East This AD is effective April 6, 2020. paragraph (g)(1) of the turbine piston seal as follows: Hartford, CT 06118, United States; phone: (b) Affected ADs (i) For any turbine piston seal found intact 800–565–0140; email: [email protected]; None. (not fractured) during the last BSI, repeat the website: https://fleetcare.pw.utc.com. BSI within the intervals in Table 2, of P&W (4) You may view this service information (c) Applicability SB PW1000G–C–72–00–0154–00A–930A–D. at the FAA, Engine and Propeller Standards This AD applies to International Aero (ii) For any turbine piston seal found Branch, 1200 District Avenue, Burlington, Engines, LLC (IAE) PW1122G–JM, fractured during the last BSI, repeat the BSI MA 01803. For information on the PW1124G1–JM, PW1124G–JM, PW1127GA– every 200 flight cycles from the previous BSI availability of this material at the FAA, call to ensure proper engagement per the JM, PW1127G1–JM, PW1127G–JM, 781–238–7759. Accomplishment Instructions, For Engines PW1133G–JM, PW1133GA–JM, PW1130G– (5) You may view this service information JM, and PW1129G–JM model turbofan Installed On Aircraft, paragraph C.(1) of P&W that is incorporated by reference at the engines with low-pressure turbine (LPT) 3rd- SB PW1000G–C–72–00–0154–00A–930A–D. National Archives and Records stage blade, part number (P/N) 5387343, (h) Terminating Action 5387493, 5387473 or 5387503, installed. Administration (NARA). For information on Removal of the LPT 3rd-stage blades, P/N the availability of this material at NARA, (d) Subject 5387343, 5387493, 5387473, and 5387503, is email: [email protected], or go to: Joint Aircraft System Component (JASC) a terminating action to the initial and https://www.archives.gov/federal-register/cfr/ Code 7250, Turbine Section. repetitive BSI requirements of this AD. ibr-locations.html. (e) Unsafe Condition (i) Credit for Previous Actions Issued on March 6, 2020. This AD was prompted by reports of failure You may take credit for the initial BSI of Gaetano A. Sciortino, of turbine stator intermediate outer rear air the turbine piston seal required by paragraph Deputy Director for Strategic Initiatives, seals (turbine piston seals) leading to fracture (g)(1) of this AD if done in accordance with of the LPT 3rd-stage blades. The FAA is the Accomplishment Instructions, For Compliance & Airworthiness Division, issuing this AD to prevent failure of the Engines Installed On Aircraft, paragraph B, of Aircraft Certification Service. turbine piston seals and fracture of LPT 3rd- P&W SB PW1000G–C–72–00–0154–00A– [FR Doc. 2020–05711 Filed 3–19–20; 8:45 am] stage blades. The unsafe condition, if not 930A–D, Issue 003, dated February 5, 2020, BILLING CODE 4910–13–P addressed, could result in failure of one or or earlier versions. more engines, loss of thrust control, and loss (j) Alternative Methods of Compliance of the airplane. (AMOCs) (f) Compliance (1) The Manager, ECO Branch, FAA, has Comply with this AD within the the authority to approve AMOCs for this AD, compliance times specified, unless already if requested using the procedures found in 14 done. CFR 39.19. In accordance with 14 CFR 39.19,
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15946 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION It is also available in the AD docket on during normal operation, and found the internet at https:// during subsequent zonal inspection. Federal Aviation Administration www.regulations.gov by searching for The NPRM proposed to require and locating Docket No. FAA–2019– modifying the airplane by replacing the 14 CFR Part 39 0977. affected bleed air hoses with a [Docket No. FAA–2019–0977; Product Examining the AD Docket modification of hydraulic pressurization Identifier 2019–NM–166–AD; Amendment lines, as specified in an EASA AD. 39–19865; AD 2020–05–15] You may examine the AD docket on The FAA is issuing this AD to address the internet at https:// this condition, which, if not detected RIN 2120–AA64 www.regulations.gov by searching for and corrected, could lead to exposure of and locating Docket No. FAA–2019– the wing structure to high temperatures Airworthiness Directives; Airbus SAS 0977; or in person at Docket Operations Airplanes (possibly above 200 degrees Celsius (392 between 9 a.m. and 5 p.m., Monday degrees Fahrenheit)), possibly resulting AGENCY: Federal Aviation through Friday, except Federal holidays. in reduced structural integrity of the Administration (FAA), Department of The AD docket contains this final rule, airplane. See the MCAI for additional Transportation (DOT). the regulatory evaluation, any background information. comments received, and other ACTION: Final rule. information. The address for Docket Comments Operations is U.S. Department of SUMMARY: The FAA is adopting a new The FAA gave the public the Transportation, Docket Operations, M– airworthiness directive (AD) for all opportunity to participate in developing 30, West Building Ground Floor, Room Airbus SAS Model A319–131, –132, and this final rule. The FAA has considered W12–140, 1200 New Jersey Avenue SE, –133 airplanes, Model A320–231, –232, the comments received. The Air Line Washington, DC 20590. and –233 airplanes, and Model A321– Pilots Association, International (ALPA) 131, –231, and –232 airplanes. This AD FOR FURTHER INFORMATION CONTACT: and United Airlines indicated support was prompted by a report of rupture of Sanjay Ralhan, Aerospace Engineer, for the NPRM. a hydraulic reservoir air pressurization International Section, Transport hose on an in-service airplane, leading Standards Branch, FAA, 2200 South Conclusion to air leakage that was undetectable 216th St., Des Moines, WA 98198; The FAA reviewed the relevant data, during normal operation, and found telephone and fax 206–231–3223; email considered the comments received, and during subsequent zonal inspection. [email protected]. determined that air safety and the This AD requires modifying the airplane SUPPLEMENTARY INFORMATION: public interest require adopting this by replacing the affected bleed air hoses Discussion final rule as proposed, except for minor with a modification of hydraulic editorial changes. The FAA has The EASA, which is the Technical pressurization lines, as specified in a determined that these minor changes: European Union Aviation Safety Agency Agent for the Member States of the • European Union, has issued EASA AD Are consistent with the intent that (EASA) AD, which is incorporated by was proposed in the NPRM for reference. The FAA is issuing this AD 2019–0232, dated September 16, 2019 (‘‘EASA AD 2019–0232’’) (also referred addressing the unsafe condition; and to address the unsafe condition on these • Do not add any additional burden products. to as the Mandatory Continuing Airworthiness Information, or ‘‘the upon the public than was already DATES: This AD is effective April 24, MCAI’’), to correct an unsafe condition proposed in the NPRM. 2020. for all Airbus SAS Model A319–131, The Director of the Federal Register Related IBR Material Under 1 CFR Part –132, and –133 airplanes, Model A320– 51 approved the incorporation by reference 231, –232, and –233 airplanes, and of a certain publication listed in this AD Model A321–131, –231, and –232 EASA AD 2019–0232 describes as of April 24, 2020. airplanes. procedures for modifying the airplane ADDRESSES: For the material The FAA issued a notice of proposed by replacing the affected bleed air hoses incorporated by reference (IBR) in this rulemaking (NPRM) to amend 14 CFR with a modification kit that includes AD, contact the EASA, Konrad- part 39 by adding an AD that would improved bleed air hoses. This material Adenauer-Ufer 3, 50668 Cologne, apply to all Airbus SAS Model A319– is reasonably available because the Germany; telephone +49 221 89990 131, –132, and –133 airplanes, Model interested parties have access to it 1000; email [email protected]; A320–231, –232, and –233 airplanes, through their normal course of business internet www.easa.europa.eu. You may and Model A321–131, –231, and –232 or by the means identified in the find this IBR material on the EASA airplanes. The NPRM published in the ADDRESSES section. website at https://ad.easa.europa.eu. Federal Register on December 16, 2019 Costs of Compliance You may view this IBR material at the (84 FR 68368). The NPRM was FAA, Transport Standards Branch, 2200 prompted by a report of rupture of a The FAA estimates that this AD South 216th St., Des Moines, WA. For hydraulic reservoir air pressurization affects 802 airplanes of U.S. registry. information on the availability of this hose on an in-service airplane, leading The FAA estimates the following costs material at the FAA, call 206–231–3195. to air leakage that was undetectable to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
6 work-hours × $85 per hour = $510 ...... $4,300 $4,810 $3,857,620
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15947
Authority for This Rulemaking 2020–05–15 Airbus SAS: Amendment 39– emailed to: 9-ANM-116-AMOC-REQUESTS@ 19865; Docket No. FAA–2019–0977; faa.gov. Before using any approved AMOC, Title 49 of the United States Code Product Identifier 2019–NM–166–AD. notify your appropriate principal inspector, specifies the FAA’s authority to issue or lacking a principal inspector, the manager (a) Effective Date rules on aviation safety. Subtitle I, of the local flight standards district office/ section 106, describes the authority of This AD is effective April 24, 2020. certificate holding district office. the FAA Administrator. Subtitle VII: (b) Affected ADs (2) Contacting the Manufacturer: For any Aviation Programs, describes in more requirement in this AD to obtain instructions None. detail the scope of the Agency’s from a manufacturer, the instructions must authority. (c) Applicability be accomplished using a method approved by the Manager, International Section, The FAA is issuing this rulemaking This AD applies to all Airbus SAS under the authority described in Transport Standards Branch, FAA; or EASA; airplanes specified in paragraphs (c)(1) or Airbus SAS’s EASA Design Organization Subtitle VII, Part A, Subpart III, Section through (3) of this AD, certificated in any Approval (DOA). If approved by the DOA, category. 44701: ‘‘General requirements.’’ Under the approval must include the DOA- (1) Model A319–131, –132, and –133 that section, Congress charges the FAA authorized signature. airplanes. with promoting safe flight of civil (3) Required for Compliance (RC): For any (2) Model A320–231, –232, and –233 service information referenced in EASA AD aircraft in air commerce by prescribing airplanes. 2019–0232 that contains RC procedures and regulations for practices, methods, and (3) Model A321–131, –231, and –232 tests: Except as required by paragraph (i)(2) procedures the Administrator finds airplanes. necessary for safety in air commerce. of this AD, RC procedures and tests must be This regulation is within the scope of (d) Subject done to comply with this AD; any procedures or tests that are not identified as RC are that authority because it addresses an Air Transport Association (ATA) of America Code 29, Hydraulic power. recommended. Those procedures and tests unsafe condition that is likely to exist or that are not identified as RC may be deviated develop on products identified in this (e) Reason from using accepted methods in accordance rulemaking action. This AD was prompted by a report of with the operator’s maintenance or inspection program without obtaining Regulatory Findings rupture of a hydraulic reservoir air pressurization hose on an in-service airplane, approval of an AMOC, provided the This AD will not have federalism leading to air leakage that was undetectable procedures and tests identified as RC can be implications under Executive Order during normal operation, and found during done and the airplane can be put back in an 13132. This AD will not have a subsequent zonal inspection. The FAA is airworthy condition. Any substitutions or substantial direct effect on the States, on issuing this AD to address this condition, changes to procedures or tests identified as the relationship between the national which, if not detected and corrected, could RC require approval of an AMOC. government and the States, or on the lead to exposure of the wing structure to high (j) Related Information distribution of power and temperatures (possibly above 200 degrees Celsius (392 degrees Fahrenheit)), possibly For more information about this AD, responsibilities among the various resulting in reduced structural integrity of contact Sanjay Ralhan, Aerospace Engineer, levels of government. the airplane. International Section, Transport Standards For the reasons discussed above, I Branch, FAA, 2200 South 216th St., Des certify that this AD: (f) Compliance Moines, WA 98198; telephone and fax 206– (1) Is not a ‘‘significant regulatory Comply with this AD within the 231–3223; email [email protected]. action’’ under Executive Order 12866, compliance times specified, unless already (k) Material Incorporated by Reference (2) Will not affect intrastate aviation done. (1) The Director of the Federal Register in Alaska, and (g) Requirements approved the incorporation by reference (3) Will not have a significant Except as specified in paragraph (h) of this (IBR) of the service information listed in this economic impact, positive or negative, AD: Comply with all required actions and paragraph under 5 U.S.C. 552(a) and 1 CFR on a substantial number of small entities compliance times specified in, and in part 51. under the criteria of the Regulatory accordance with, European Union Aviation (2) You must use this service information Flexibility Act. Safety Agency (EASA) AD 2019–0232, dated as applicable to do the actions required by September 16, 2019 (‘‘EASA AD 2019– this AD, unless this AD specifies otherwise. List of Subjects in 14 CFR Part 39 0232’’). (i) European Union Aviation Safety Agency Air transportation, Aircraft, Aviation (EASA) AD 2019–0232, dated September 16, (h) Exceptions to EASA AD 2019–0232 safety, Incorporation by reference, 2019. Safety. (1) Where EASA AD 2019–0232 refers to its (ii) [Reserved] effective date, this AD requires using the (3) For information about EASA AD 2019– Adoption of the Amendment effective date of this AD. 0232, contact the EASA, Konrad-Adenauer- Ufer 3, 50668 Cologne, Germany; telephone Accordingly, under the authority (2) The ‘‘Remarks’’ section of EASA AD 2019–0232 does not apply to this AD. +49 221 89990 6017; email ADs@ delegated to me by the Administrator, easa.europa.eu; internet the FAA amends 14 CFR part 39 as (i) Other FAA AD Provisions www.easa.europa.eu. You may find this follows: The following provisions also apply to this EASA AD on the EASA website at https:// AD: ad.easa.europa.eu. PART 39—AIRWORTHINESS (1) Alternative Methods of Compliance (4) You may view this material at the FAA, DIRECTIVES (AMOCs): The Manager, International Transport Standards Branch, 2200 South Section, Transport Standards Branch, FAA, 216th St., Des Moines, WA. For information ■ 1. The authority citation for part 39 has the authority to approve AMOCs for this on the availability of this material at the continues to read as follows: AD, if requested using the procedures found FAA, call 206–231–3195. This material may in 14 CFR 39.19. In accordance with 14 CFR be found in the AD docket on the internet at Authority: 49 U.S.C. 106(g), 40113, 44701. 39.19, send your request to your principal https://www.regulations.gov by searching for § 39.13 [Amended] inspector or local Flight Standards District and locating Docket No. FAA–2019–0977. Office, as appropriate. If sending information (5) You may view this material that is ■ 2. The FAA amends § 39.13 by adding directly to the International Section, send it incorporated by reference at the National the following new airworthiness to the attention of the person identified in Archives and Records Administration directive (AD): paragraph (j) of this AD. Information may be (NARA). For information on the availability
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15948 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
of this material at NARA, email fedreg.legal@ ADDRESSES: Written comments requirements associated with the nara.gov, or go to: https://www.archives.gov/ regarding the burden-hour estimates or subsistence use regulations found at 50 federal-register/cfr/ibr-locations.html. other aspects of the collection-of- CFR 216.72 and 50 CFR 216.74. Issued on March 4, 2020. information requirements contained in OMB Revisions to PRA References in 15 Gaetano A. Sciortino, this rule may be submitted by mail to CFR 902.1(b) Deputy Director for Strategic Initiatives, NMFS Alaska Region, P.O. Box 21668, Compliance & Airworthiness Division, Juneau, AK 99802–1668; by email to Section 3507(c)(B)(i) of the PRA Aircraft Certification Service. [email protected]; or by requires that agencies inventory and [FR Doc. 2020–05765 Filed 3–19–20; 8:45 am] fax to 202–395–5806. display a current control number assigned by the Director of OMB, for BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: Michael Williams, NMFS Alaska each agency’s information collection. Region, 907–271–5117, Section 902.1(b) identifies the location of NOAA regulations for which OMB [email protected]. DEPARTMENT OF COMMERCE approval numbers have been issued. SUPPLEMENTARY INFORMATION: The taking Because this final rule revises National Oceanic and Atmospheric of northern fur seals is prohibited by the Administration collection-of-information requirements, Fur Seal Act (FSA, 16 U.S.C. 1151– 15 CFR 902.1(b) is revised to reference 1175), unless expressly authorized by 15 CFR Part 902 correctly the sections resulting from this the Secretary of Commerce through final rule. regulation. Section 105(a) of the FSA 50 CFR Part 216 authorizes the promulgation of Classification [Docket No. 200312–0077] regulations with respect to the taking of Administrative Procedure Act fur seals on the Pribilof Islands as the RIN 0648–BH25 Secretary of Commerce deems necessary The Assistant Administrator for Fisheries, NOAA (AA), finds good cause Subsistence Taking of Northern Fur and appropriate for the conservation, management, and protection of the fur to waive the requirement to provide Seals on the Pribilof Islands; prior notice and opportunity for public Correction seal population (16 U.S.C. 1155(a)). Regulations governing the subsistence comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such AGENCY: National Marine Fisheries use of northern fur seals are located at requirement is unnecessary and Service (NMFS), National Oceanic and 50 CFR 216.71–216.74 and authorize contrary to the public interest. This Atmospheric Administration (NOAA), Pribilovians to take fur seals on the action simply provides notice of OMB’s Commerce. Pribilof Islands if such taking is for approval of the collection-of- subsistence uses and not accomplished ACTION: Final rule; correcting information requirements at issue, in a wasteful manner (50 CFR 216.71). amendment; effective date for which has already occurred, and collection-of-information requirements. Background renders those collection-of-information SUMMARY: NMFS is correcting a final NMFS published a proposed rule on requirements effective. Thus this action rule published on October 2, 2019, that August 14, 2018 (83 FR 40192), to revise does not involve any further exercise of revised the subsistence use regulations the subsistence use regulations for agency discretion by NMFS or OMB. for the Eastern Pacific stock of northern northern fur seals on the Pribilof Islands Moreover, the public was already fur seals (Callorhinus ursinus). NMFS based on the petition from the Aleut provided with notice and opportunity to comment during the public comment also is announcing approval by the Community of St. Paul Island, Tribal period for the proposed rule, which Office of Management and Budget Government (ACSPI) (77 FR 41168; July began on August 14, 2018, and ended on (OMB) of collection-of-information 12, 2012). The final rule revising the September 13, 2018, and during the requirements subject to the Paperwork subsistence use regulations at 50 CFR public comment period for the 2019 Reduction Act (PRA) and associated 216.71–216.74 published in the Federal Final SEIS for Management of the with the regulations revised in the final Register on October 2, 2019 (84 FR Subsistence Harvest of Northern Fur rule. The final rule incorrectly stated 52372). The requirements of the final Seals on St. Paul Island, Alaska. that the collection-of-information rule (84 FR 52372), other than the Additional opportunity for public requirements subject to the PRA had collection-of-information requirements comment at this point would not be been approved by the OMB at the time associated with the subsistence use meaningful and would be duplicative. the final rule was published. On January regulations (hunt and harvest reporting Any further delay to allow for public 7, 2020, OMB approved the collection- for St. Paul and St. George Islands), comment is therefore unnecessary and of-information requirements subject to were effective on September 27, 2019. the PRA. The intent of this final rule is would result in public confusion. The final rule incorrectly stated that the For the same reasons, the AA also to correct this information and to inform collection-of-information requirements finds good cause under 5 U.S.C. the public of the effectiveness of the subject to the PRA had been approved 553(d)(3) to waive the 30-day delay in collection-of-information requirements by the OMB under OMB Control effective date and make this rule associated with the subsistence use Number 0648–0699 (Annual Northern effective immediately upon publication. regulations revised in the October 2, Fur Seal Subsistence Harvest Reporting) 2019, final rule. at the time the final rule was published. Executive Order 12866 DATES: This rule is effective March 20, On January 7, 2020, OMB approved This final rule has been determined to 2020. these collection-of-information be not significant for purposes of The date of approval of the requirements under OMB Control Executive Order 12866. information collection requirements in Number 0648–0699 (Annual Northern 50 CFR 216.72 and 50 CFR 216.74 Fur Seal Subsistence Harvest Paperwork Reduction Act published October 2, 2019 at 84 FR Reporting). Accordingly, this rule This final rule contains collection-of- 52372 is corrected to January 7, 2020 as announces the approval and effective information requirements subject to the of March 20, 2020. date of the collection-of-information PRA, and which OMB approved on
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15949
January 7, 2020, under OMB Control § 902.1 OMB control numbers assigned international agreement, jointly publish Number 0648–0699. NMFS obtained pursuant to the Paperwork Reduction Act. and presently administer the St. OMB Control Number 0648–0699 for * * * * * Lawrence Seaway Regulations and hunt and harvest reports associated with (b) * * * Rules (Practices and Procedures in the regulations at 50 CFR 216.72 and 50 Canada) in their respective jurisdictions. CFR 216.74, which apply to both St. Current OMB Under agreement with the SLSMC, the CFR part or section where control number Paul and St. George Islands. For St. Paul the information collection re- (all numbers SLSDC is amending the joint regulations Island, public reporting burden for hunt quirement is located begin with by updating the Regulations and Rules and harvest reporting is estimated to 0648–) in various categories. The changes average 40 hours per response, update the following sections of the including the time for reviewing Regulations and Rules: Interpretations instructions, searching existing data ***** and Condition of Vessels. These changes sources, gathering and maintaining the 50 CFR: are to clarify existing requirements in the regulations. data needed, and completing and ***** reviewing the collection of information. 216.72 ...... –0699 DATES: This rule is effective on March There are no significant changes to the 31, 2020. collection-of-information requirements ***** ADDRESSES: Docket: For access to the for St. Paul or St. George. docket to read background documents Send comments regarding these * * * * * or comments received, go to http:// burden estimates or any other aspect of [FR Doc. 2020–05668 Filed 3–19–20; 8:45 am] www.Regulations.gov; or in person at this data collection, including BILLING CODE 3510–22–P the Docket Management Facility; U.S. suggestions for reducing the burden, to Department of Transportation, 1200 NMFS Alaska Region (see ADDRESSES) New Jersey Avenue SE, West Building and by email to OIRA_Submission@ DEPARTMENT OF THE TREASURY Ground Floor, Room W12–140, omb.eop.gov, or fax to 202–395–5806. Washington, DC 20590–001, between 9 Notwithstanding any other provision Internal Revenue Service a.m. and 5 p.m., Monday through of the law, no person is required to Friday, except Federal holidays. respond to, nor shall any person be 26 CFR Part 1 FOR FURTHER INFORMATION CONTACT: subject to a penalty for failure to comply Carrie Mann Lavigne, Chief Counsel, Regulations Enabling Elections for with, a collection of information subject Saint Lawrence Seaway Development to the requirements of the PRA, unless Certain Transactions Under Section Corporation, 180 Andrews Street, that collection of information displays a 336(e) Massena, New York 13662; 315/764– currently valid OMB Control Number. CFR Correction 3200. All currently approved NOAA SUPPLEMENTARY INFORMATION: collections of information may be ■ In Title 26 of the Code of Federal The Saint viewed at http://www.cio.noaa.gov/ Regulations, Part 1 (§§ 1.301 to 1.400), Lawrence Seaway Development services_programs/prasubs.html. revised as of April 1, 2019, on page 8, Corporation (SLSDC) and the St. Lawrence Seaway Management List of Subjects in the Authority, the following citation is added in numerical order to read as Corporation (SLSMC) of Canada, under 15 CFR Part 902 follows: international agreement, jointly publish and presently administer the St. Reporting and recordkeeping Authority: 26 U.S.C.7805 * * * Lawrence Seaway Regulations and requirements. * * * * * Rules (Practices and Procedures in 50 CFR Part 216 Section 1.336–1 is also issued under Canada) in their respective jurisdictions. 26 U.S.C. 336. Under agreement with the SLSMC, the Alaska, Marine Mammals, Pribilof SLSDC is amending the joint regulations Islands, Reporting and Recordkeeping * * * * * by updating the Regulations and Rules Requirements. [FR Doc. 2020–05997 Filed 3–19–20; 8:45 am] BILLING CODE 1301–00–D in various categories. The changes Dated: March 12, 2020. update the following sections of the Samuel D. Rauch, III, Regulations and Rules: Interpretations Deputy Assistant Administrator for DEPARTMENT OF TRANSPORTATION and Condition of Vessels. These changes Regulatory Programs, National Marine are to clarify existing requirements in Fisheries Service. Saint Lawrence Seaway Development the regulations. For the reasons set out in the Corporation Regulatory Notices: Privacy Act: preamble, NMFS amends 15 CFR part Anyone is able to search the electronic 902 as follows: 33 CFR Part 401 form of all comments received into any of our dockets by the name of the PART 902—NOAA INFORMATION RIN 2135–AA48 individual submitting the comment (or COLLECTION REQUIREMENTS UNDER signing the comment, if submitted on Seaway Regulations and Rules: THE PAPERWORK REDUCTION ACT: behalf of an association, business, labor Periodic Update, Various Categories OMB CONTROL NUMBERS union, etc.). You may review DOT’s ■ 1. The authority citation for part 902 AGENCY: Saint Lawrence Seaway complete Privacy Act Statement in the continues to read as follows: Development Corporation, DOT. Federal Register published on April 11, ACTION: Final rule. 2000 (Volume 65, Number 70; Pages Authority: 44 U.S.C. 3501 et seq. 19477–78) or you may visit http:// ■ 2. In § 902.1, in the table in paragraph SUMMARY: The Saint Lawrence Seaway www.Regulations.gov. (b), under the entry ‘‘50 CFR’’, add entry Development Corporation (SLSDC) and The joint regulations will become ‘‘216.72’’ in alphanumeric order to read the St. Lawrence Seaway Management effective in Canada on March 31, 2020. as follows: Corporation (SLSMC) of Canada, under For consistency, because these are joint
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15950 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
regulations under international Unfunded Mandates § 401.2 Interpretation. agreement, and to avoid confusion The Corporation has analyzed this * * * * * among users of the Seaway, the SLSDC rule under Title II of the Unfunded (d) Hands Free Mooring (HFM) means finds that there is good cause to make Mandates Reform Act of 1995 (Pub. L. a system that uses vacuum pads that are the U.S. version of the amendments 104–4, 109 Stat. 48) and determined that mounted on vertical rails inside the lock effective on the same date. it does not impose unfunded mandates chamber wall to secure a vessel during Regulatory Evaluation on State, local, and tribal governments the lockage process. and the private sector requiring a This regulation involves a foreign * * * * * written statement of economic and affairs function of the United States and (g) E-business means web applications regulatory alternatives. therefore, Executive Order 12866 does on the St. Lawrence Seaway not apply and evaluation under the Paperwork Reduction Act Management Corporation website which Department of Transportation’s This regulation has been analyzed provides direct electronic transmission Regulatory Policies and Procedures is under the Paperwork Reduction Act of of data to complete and submit not required. 1995 and does not contain new or application forms and transit data; Regulatory Flexibility Act modified information collection * * * * * Determination requirements subject to the Office of ■ 3. In § 401.7, revise paragraph (c) to I certify that this regulation will not Management and Budget review. read as follows: have a significant economic impact on List of Subjects in 33 CFR Part 401 § 401.7 Fenders. a substantial number of small entities. Hazardous materials transportation, The St. Lawrence Seaway Regulations * * * * * and Rules primarily relate to Navigation (water), Penalties, Radio, (c) On special application, vessels of commercial users of the Seaway, the Reporting and recordkeeping unusual design may be permitted to vast majority of who are foreign vessel requirements, Vessels, Waterways. utilize permanent fenders not greater operators. Therefore, any resulting costs Accordingly, the Saint Lawrence than 30 cm in thickness. will be borne mostly by foreign vessels. Seaway Development Corporation is proposing to amend 33 CFR part 401, § 401.9 [Amended] Environmental Impact Regulations and Rules, as follows: ■ 4. In § 401.9, remove paragraph (c) This regulation does not require an and redesignate paragraph (d) as PART 401—SEAWAY REGULATIONS environmental impact statement under paragraph (c). the National Environmental Policy Act AND RULES ■ 5. In § 401.14, revise paragraph (b) to (49 U.S.C. 4321, et seq.) because it is not Subpart A—Regulations read as follows: a major federal action significantly affecting the quality of the human ■ 1. The authority citation for subpart A § 401.14 Anchor marking buoys. environment. of part 401 continues to read as follows: * * * * * Federalism Authority: 33 U.S.C. 983(a) and 984(a) (4), (b) Every vessel shall deploy the The Corporation has analyzed this as amended; 49 CFR 1.101, unless otherwise anchor marking buoy when dropping an rule under the principles and criteria in noted. anchor in Seaway waters (designated Executive Order 13132, dated August 4, ■ 2. In § 401.2, redesignate paragraphs Seaway anchorages exempt). 1999, and have determined that this (d) through (s) as paragraphs (e) through ■ 6. In schedule II to subpart A of part proposal does not have sufficient (t), add a new paragraph (d), and revise 401, under ‘‘Table of Speeds,’’ revise federalism implications to warrant a newly redesignated paragraph (g) to section numbers 1 and 10 to read as Federalism Assessment. read as follows: follows:
SCHEDULE II TO SUBPART A OF PART 401—TABLE OF SPEEDS 1
Maximum speed over From— To— the bottom, knots Col. III Col. IV
1. Upper Entrance South Shore Canal Buoy 1 ...... Lake St. Louis, Buoy A13 ...... 10.5 10.5
******* 10. Bartlett Point, Lt. 227 ...... Tibbetts Point Traffic Lighted Buoy Mo (A) ...... 13 10.5
1 Maximum speeds at which a vessel may travel conditions are set out in this schedule. The time, designate the set of speed limits that is in in the identified area in both normal and high water Manager and the Corporation will, from time to effect.
VerDate Sep<11>2014 18:23 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15951
* * * * * Saint Lawrence Seaway Development Regulatory Flexibility Act Issued at Washington, DC, under authority Corporation, 180 Andrews Street, Determination deleted at 49 CFR part 1.101 Saint Lawrence Massena, New York 13662; 315/764– I certify this regulation will not have Seaway Development Corporation. 3200. a significant economic impact on a Carrie Lavigne, SUPPLEMENTARY INFORMATION: The Saint substantial number of small entities. Chief Counsel. Lawrence Seaway Development The St. Lawrence Seaway Tariff of Tolls [FR Doc. 2020–05454 Filed 3–19–20; 8:45 am] Corporation (SLSDC) and the St. primarily relate to commercial users of BILLING CODE 4910–61–P Lawrence Seaway Management the Seaway, the vast majority of whom Corporation (SLSMC) of Canada, under are foreign vessel operators. Therefore, international agreement, jointly publish any resulting costs will be borne mostly DEPARTMENT OF TRANSPORTATION and presently administer the St. by foreign vessels. Saint Lawrence Seaway Development Lawrence Seaway Tariff of Tolls Environmental Impact (Schedule of Fees and Charges in Corporation This regulation does not require an Canada) in their respective jurisdictions. environmental impact statement under 33 CFR Part 402 The Tariff sets forth the level of tolls the National Environmental Policy Act assessed on all commodities and vessels [Docket No. SLSDC–2016–0005] (49 U.S.C. 4321, et reg.) because it is not transiting the facilities operated by the a major federal action significantly RIN 2135–AA47 SLSDC and the SLSMC. The SLSDC is affecting the quality of the human revising 33 CFR 402.12, ‘‘Schedule of environment. Tariff of Tolls tolls’’, to reflect the fees and charges levied by the SLSMC in Canada Federalism AGENCY: Saint Lawrence Seaway beginning in the 2020 navigation Development Corporation, DOT. The Corporation has analyzed this season. With one exception, the changes rule under the principles and criteria in ACTION: Final rule. affect the tolls for commercial vessels Executive Order 13132, dated August 4, and are applicable only in Canada. The 1999, and has determined that this rule SUMMARY: The Saint Lawrence Seaway collection of tolls by the SLSDC on Development Corporation (SLSDC) and does not have sufficient federalism the St. Lawrence Seaway Management commercial vessels transiting the U.S. implications to warrant a Federalism Corporation (SLSMC) of Canada, under locks is waived by law (33 U.S.C. Assessment. 988a(a)). international agreement, jointly publish Unfunded Mandates and presently administer the St. The SLSDC is amending 33 CFR The Corporation has analyzed this Lawrence Seaway Tariff of Tolls in their 402.12, ‘‘Schedule of tolls’’, to increase rule under Title II of the Unfunded respective jurisdictions. The Tariff sets the minimum charge per vessel per lock Mandates Reform Act of 1995 (Pub. L. forth the level of tolls assessed on all for full or partial transit of the Seaway 104–4, 109 Stat. 48) and determined that commodities and vessels transiting the from $28.57 to $29.14. This charge is for it does not impose unfunded mandates facilities operated by the SLSDC and the vessels that are not pleasure craft or on State, local, and tribal governments SLSMC. The SLSDC is revising its subject in Canada to the tolls under and the private sector requiring a regulations to reflect the fees and items 1 and 2 of the Tariff. This increase written statement of economic and charges levied by the SLSMC in Canada is due to higher operating costs at the regulatory alternatives. starting in the 2020 navigation season, locks. which are effective only in Canada. An Paperwork Reduction Act amendment to increase the minimum Regulatory Notices This regulation has been analyzed charge per lock for those vessels that are Privacy Act: Anyone is able to search under the Paperwork Reduction Act of not pleasure craft or subject in Canada the electronic form of all comments 1995 and does not contain new or to tolls under items 1 and 2 of the Tariff received into any of our dockets by the modified information collection for full or partial transit of the Seaway name of the individual submitting the requirements subject to the Office of will apply in the U.S. The Tariff of Tolls comment (or signing the comment, if Management and Budget review. are in effect in Canada. submitted on behalf of an association, DATES: This rule is effective March 20, business, labor union, etc.). You may List of Subjects in 33 CFR Part 402 2020. review DOT’s complete Privacy Act Vessels, Waterways. ADDRESSES: Docket: For access to the Statement in the Federal Register Accordingly, the Saint Lawrence docket to read background documents published on April 11, 2000 (Volume Seaway Development Corporation or comments received, go to http:// 65, Number 70; Pages 19477–78) or you amends 33 CFR part 402 as follows: www.Regulations.gov; or in person at may visit http://dms.dot.gov. the Docket Management Facility; U.S. Regulatory Evaluation PART 402—TARIFF OF TOLLS Department of Transportation, 1200 New Jersey Avenue SE, West Building This regulation involves a foreign ■ 1. The authority citation for part 402 Ground Floor, Room W12–140, affairs function of the United States and continues to read as follows: Washington, DC 20590–001, between 9 therefore, Executive Order 12866 does Authority: 33 U.S.C. 983(a), 984(a)(4), and a.m. and 5 p.m., Monday through not apply and evaluation under the 988, as amended; 49 CFR 1.52. Friday, except Federal holidays. Department of Transportation’s ■ 2. Revise § 402.12 to read as follows: FOR FURTHER INFORMATION CONTACT: Regulatory Policies and Procedures is Carrie Mann Lavigne, Chief Counsel, not required. § 402.12 Schedule of tolls.
VerDate Sep<11>2014 18:23 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15952 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Column 1 Column 2 Column 3 Rate ($) Rate ($) Welland Canal—Lake Ontario to Item/description of charges Montreal to or from Lake Ontario or from Lake Erie (5 locks) (8 locks)
1. Subject to item 3, for complete transit of the Seaway, a composite toll, comprising: (1) a charge per gross registered ton of the ship, applicable 0.1126 ...... 0.1801. whether the ship is wholly or partially laden, or is in ballast, and the gross registered tonnage being calculated according to pre- scribed rules for measurement or under the International Con- vention on Tonnage Measurement of Ships, 1969, as amended from time to time 1 (2) a charge per metric ton of cargo as certified on the ship’s manifest or other document, as follows: (a) bulk cargo ...... 1.1671 ...... 0.7966. (b) general cargo ...... 2.8122 ...... 1.2750. (c) steel slab ...... 2.5452 ...... 0.9128. (d) containerized cargo ...... 1.1671 ...... 0.7966. (e) government aid cargo ...... n/a ...... n/a. (f) grain ...... 0.7171 ...... 0.7966. (g) coal ...... 0.7171 ...... 0.7966. (3) a charge per passenger per lock ...... 1.7487 ...... 1.7487. (4) a lockage charge per Gross Registered Ton of the vessel, as n/a ...... 0.3001. defined in tem 1(1), applicable whether the ship is wholly or partially laden, or is in ballast, for transit of the Welland Canal in either direction by cargo ships. Up to a maximum charge per vessel ...... n/a ...... 4,197. 2. Subject to item 3, for partial transit of the Seaway ...... 20 per cent per lock of the appli- 13 per cent per lock of the appli- cable charge under items 1(1), cable charge under items 1(1), 1(2) and 1(4) plus the applicable 1(2) and 1(4) plus the applicable charge under items 1(3). charge under items 1(3). 3. Minimum charge per vessel per lock transited for full or partial tran- 29.14 2 ...... 29.14. sit of the Seaway. 4. A charge per pleasure craft per lock transited for full or partial tran- 30.00 4 ...... 30.00. sit of the Seaway, including applicable federal taxes. 3 5. Under the New Business Initiative Program, for cargo accepted as 20% ...... 20% New Business, a percentage rebate on the applicable cargo charges for the approved period. 6. Under the Volume Rebate Incentive program, a retroactive percent- 10% ...... 10% age rebate on cargo tolls on the incremental volume calculated based on the pre-approved maximum volume. 7. Under the New Service Incentive Program, for New Business cargo 20% ...... 20% moving under an approved new service, an additional percentage refund on applicable cargo tolls above the New Business rebate. 1 Or under the US GRT for vessels prescribed prior to 2002. 2 The applicable charged under item 3 at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) will be collected in U.S. dollars. The collection of the U.S. portion of tolls for commercial vessels is waived by law (33U.S.C. 988a(a)). The other charges are in Ca- nadian dollars and are for the Canadian share of tolls. 3 $5.00 discount per lock applicable on ticket purchased for Canadian locks via PayPal. 4 The applicable charge at the Saint Lawrence Seaway Development Corporation’s locks (Eisenhower, Snell) for pleasure craft is $30 U.S. or $30 Canadian per lock.
Issued at Washington, DC. ENVIRONMENTAL PROTECTION chemical substances identified in Unit Saint Lawrence Seaway Development AGENCY IV. which were the subject of Corporation premanufacture notices (PMNs). This Carrie Lavigne, 40 CFR Parts 9 and 721 action requires persons to notify EPA Chief Counsel. [EPA–HQ–OPPT–2018–0772; FRL–10005– least 90 days before commencing manufacture (defined by statute to [FR Doc. 2020–05452 Filed 3–19–20; 8:45 am] 30] include import) or processing of any of BILLING CODE 4910–61–P RIN 2070–AB27 these chemical substances for an activity that is designated as a Significant New Use Rules on Certain significant new use by this rule. The Chemical Substances (19–1.B) required notification initiates EPA’s AGENCY: Environmental Protection evaluation of the intended use within Agency (EPA). the applicable review period. Persons ACTION: Final rule. may not commence manufacture or processing for the significant new use SUMMARY: EPA is issuing significant new until EPA has conducted a review of the use rules (SNURs) under the Toxic notice, made an appropriate Substances Control Act (TSCA) for the determination on the notice, and has
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15953
taken such actions as are required as a B. How can I access the docket? section 5(a)(2) factors listed in Unit III. result of that determination. The docket includes information As described in Unit V., the general DATES: This rule is effective on May 19, considered by the Agency in developing SNUR provisions are found at 40 CFR 2020. For purposes of judicial review, the proposed and final rules. The docket part 721, subpart A. this rule shall be promulgated at 1 p.m. for this action, identified by docket C. Applicability of general provisions (EST) on April 3, 2020. identification (ID) number EPA–HQ– General provisions for SNURs appear OPPT–2018–0772, is available at http:// FOR FURTHER INFORMATION CONTACT: For in 40 CFR part 721, subpart A. These www.regulations.gov or at the Office of technical information contact: Kenneth provisions describe persons subject to Moss, Chemical Control Division Pollution Prevention and Toxics Docket (OPPT Docket), Environmental the rule, recordkeeping requirements, (7405M), Office of Pollution Prevention exemptions to reporting requirements, and Toxics, Environmental Protection Protection Agency Docket Center (EPA/ DC), West William Jefferson Clinton and applicability of the rule to uses Agency, 1200 Pennsylvania Ave. NW, occurring before the effective date of the Washington, DC 20460–0001; telephone Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public rule. Provisions relating to user fees number: (202) 564–9232; email address: appear at 40 CFR part 700. Pursuant to [email protected]. Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, 40 CFR 721.1(c), persons subject to For general information contact: The these SNURs must comply with the TSCA-Hotline, ABVI-Goodwill, 422 excluding legal holidays. The telephone number for the Public Reading Room is same SNUN requirements and EPA South Clinton Ave., Rochester, NY regulatory procedures as submitters of 14620; telephone number: (202) 554– (202) 566–1744, and the telephone number for the OPPT Docket is (202) PMNs under TSCA section 5(a)(1)(A). In 1404; email address: TSCA-Hotline@ particular, these requirements include epa.gov. 566–0280. Please review the visitor instructions and additional information the information submission SUPPLEMENTARY INFORMATION: about the docket available at http:// requirements of TSCA sections 5(b) and 5(d)(1), the exemptions authorized by I. General Information www.epa.gov/dockets. TSCA sections 5(h)(1), 5(h)(2), 5(h)(3), A. Does this action apply to me? II. Background and 5(h)(5), and the regulations at 40 You may be potentially affected by A. What action is the agency taking? CFR part 720. Once EPA receives a this action if you manufacture, process, SNUN, EPA must either determine that EPA is finalizing a SNUR under TSCA the significant new use is not likely to or use the chemical substances section 5(a)(2) for chemical substances contained in this rule. The following list present an unreasonable risk of injury or which were the subject of PMNs P–14– take such regulatory action as is of North American Industrial 482, P–16–422, P–17–152, P–17–239, P– Classification System (NAICS) codes is associated with an alternative 17–245, P–18–48, P–18–73, P–18–122, determination before the manufacture or not intended to be exhaustive, but rather P–18–162, P–18–222, and P–19–10. provides a guide to help readers processing for the significant new use These SNURs require persons who can commence. If EPA determines that determine whether this document intend to manufacture or process any of applies to them. Potentially affected the significant new use is not likely to these chemical substances for an present an unreasonable risk, EPA is entities may include: activity that is designated as a • Manufacturers or processors of one required under TSCA section 5(g) to significant new use to notify EPA at make public, and submit for publication or more subject chemical substances least 90 days before commencing that (NAICS codes 325 and 324110), e.g., in the Federal Register, a statement of activity. EPA’s findings. chemical manufacturing and petroleum Previously, in the Federal Register of refineries. April 19, 2019 (84 FR 16432) (FRL– III. Significant New Use Determination This action may also affect certain 9992–42), EPA proposed a SNUR for Section 5(a)(2) of TSCA states that entities through pre-existing import these chemical substances in 40 CFR EPA’s determination that a use of a certification and export notification part 721, subpart E. More information chemical substance is a significant new rules under TSCA. Chemical importers on the specific chemical substances use must be made after consideration of are subject to the TSCA section 13 (15 subject to this final rule can be found in all relevant factors, including: U.S.C. 2612) import certification the Federal Register documents • The projected volume of requirements promulgated at 19 CFR proposing the SNUR. The record for the manufacturing and processing of a 12.118 through 12.127 and 19 CFR SNUR was established in the docket chemical substance. 127.28. Chemical importers must certify under docket ID number EPA–HQ– • The extent to which a use changes that the shipment of the chemical OPPT–2018–0772. That docket includes the type or form of exposure of human substance complies with all applicable information considered by the Agency beings or the environment to a chemical rules and Orders under TSCA. Importers in developing the proposed and final substance. of chemicals subject to these SNURs rules, public comments submitted for • The extent to which a use increases must certify their compliance with the the rule, and EPA’s responses to public the magnitude and duration of exposure SNUR requirements. The EPA policy in comments received on the proposed of human beings or the environment to support of import certification appears rule. a chemical substance. at 40 CFR part 707, subpart B. In • The reasonably anticipated manner addition, any persons who export or B. What is the Agency’s authority for and methods of manufacturing, intend to export a chemical substance taking this action? processing, distribution in commerce, that is the subject of this rule on or after TSCA section 5(a)(2), 15 U.S.C. and disposal of a chemical substance. April 20, 2020 are subject to the export 2604(a)(2), authorizes EPA to determine In addition to these factors notification provisions of TSCA section that a use of a chemical substance is a enumerated in TSCA section 5(a)(2), the 12(b) (15 U.S.C. 2611(b)) (see 40 CFR ‘‘significant new use.’’ EPA must make statute authorizes EPA to consider any 721.20), and must comply with the this determination by rule after other relevant factors. In determining export notification requirements in 40 considering all relevant factors, what would constitute a significant new CFR part 707, subpart D. including the four bulleted TSCA use for the chemical substances that are
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15954 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
the subject of these SNURs, EPA submitter, EPA has identified certain required regulatory action associated considered relevant information about other reasonably foreseen conditions of with the determination, before the toxicity of the chemical substances, use. EPA has preliminarily determined manufacture or processing for the and potential human exposures and that the chemicals under their intended significant new use of the chemical environmental releases that may be conditions of use are not likely to substance can occur. associated with the conditions of use of present an unreasonable risk. However, • To be able to identify as significant the substances, in the context of the four EPA has not assessed risks associated new uses any manufacturing, bulleted TSCA section 5(a)(2) factors with the reasonably foreseen conditions processing, use, distribution in listed in this unit. of use for these chemicals. EPA is commerce, or disposal that does not designating these reasonably foreseen conform to the restrictions imposed by IV. Public Comments on Proposed Rule and other potential conditions of use as the underlying Orders, consistent with and EPA Responses significant new uses. As a result, those TSCA section 5(f)(4). EPA received public comments from conditions of use are no longer Issuance of a SNUR for a chemical two identifying entities on the proposed reasonably foreseen to occur without substance does not signify that the rule. The Agency’s responses are first going through a separate, chemical substance is listed on the described in a separate Response to subsequent EPA review and TSCA Chemical Substance Inventory Public Comments document contained determination process associated with a (TSCA Inventory). Guidance on how to in the public docket for this rule, EPA– SNUN. determine if a chemical substance is on HQ–OPPT–2018–0772. the TSCA Inventory is available on the In addition, the Agency is correcting VI. Rationale and Objectives of the Rule internet at http://www.epa.gov/opptintr/ the proposed regulatory text that A. Rationale existingchemicals/pubs/tscainventory/ appeared in the proposed SNUR at 40 index.html. CFR 721.11253. Paragraph (a)(1) of the During review of the PMNs submitted VII. Applicability of the Significant proposed regulatory text erroneously for the chemical substances that are the New Use Designation describes the chemical substance as subject of these SNURs and as further organic salt, rather than sulfuric acid, discussed in Unit IV. of the April 19, To establish a significant new use, ammonium salt (1:?), which is listed 2019 proposed rule, EPA identified EPA must determine that the use is not correctly in both the title of the certain reasonably foreseen conditions ongoing. The chemical substances proposed SNUR and in Unit IV. of the of use and other circumstances different subject to this rule have undergone proposed SNUR. This oversight has from the intended conditions of use premanufacture review. In cases where been corrected in the final regulatory identified in the PMNs and determined EPA has not received a notice of text for the SNUR. that those changes could result in commencement (NOC) and the chemical changes in the type or form of exposure substance has not been added to the V. Substances Subject to This Rule to the chemical substances and/or TSCA Inventory, no person may EPA is establishing significant new increased exposures to the chemical commence such activities without first use and recordkeeping requirements for substances and/or changes in the submitting a PMN. Therefore, for chemical substances in 40 CFR part 721, reasonably anticipated manner and chemical substances for which an NOC subpart E. In Unit IV of the April 19, methods of manufacturing, processing, has not been submitted EPA concludes 2019 proposed rule, EPA provided the distribution in commerce, and disposal that the designated significant new uses following information for each chemical of the chemical substances. are not ongoing. substance: B. Objectives EPA designated April 15, 2019 (the • PMN number. date of web posting of the proposed • Chemical name (generic name, if EPA is issuing these SNURs because rule) as the cutoff date for determining the specific name is claimed as CBI). the Agency wants: whether the new use is ongoing. The • • Chemical Abstracts Service (CAS) To receive notice of any person’s objective of EPA’s approach has been to Registry number (if assigned for non- intent to manufacture or process a listed ensure that a person could not defeat a confidential chemical identities). chemical substance for the described SNUR by initiating a significant new use • Basis for the SNUR. significant new use before that activity before the effective date of the final rule. • Potentially Useful Information. begins. In the unlikely event that a person Information identified by EPA that • To have an opportunity to review began commercial manufacture or would help characterize the potential and evaluate data submitted in a SNUN processing of the chemical substances health and/or environmental effects of before the notice submitter begins for a significant new use identified as of the chemical substances if a manufacturing or processing a listed April 15, 2019, that person will have to manufacturer or processor is chemical substance for the described cease any such activity upon the considering submitting a SNUN for a significant new use. effective date of the final rule. To significant new use designated by the • To be obligated to make a resume their activities, that person SNUR. determination under TSCA section would have to first comply with all • CFR citation assigned in the 5(a)(3) regarding the use described in applicable SNUR notification regulatory text section of these rules. the SNUN, under the conditions of use. requirements and wait until EPA has The regulatory text section of these The Agency will either determine under conducted a review of the notice, made rules specifies the activities designated section 5(a)(3)(C) that the significant an appropriate determination on the as significant new uses. Certain new new use is not likely to present an notice, and has taken such actions as are uses, including production volume unreasonable risk, including an required with that determination. limits and other uses designated in the unreasonable risk to a potentially rules, may be claimed as CBI. exposed or susceptible subpopulation VIII. Development and Submission of The chemical substances that are the identified as relevant by the Information subject of these SNURs completed Administrator under the conditions of EPA recognizes that TSCA section 5 premanufacture review. In addition to use, or make a determination under does not require development of any those conditions of use intended by the section 5(a)(3) (A) or (B) and take the particular new information (e.g.,
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15955
generating test data) before submission • Information on risks posed by the submitting a PMN, including of a SNUN. There is an exception: If a chemical substances compared to risks submission of test data on health and person is required to submit information posed by potential substitutes. environmental effects as described in 40 for a chemical substance pursuant to a CFR 720.50. SNUNs must be submitted IX. Procedural Determinations rule, Order or consent agreement under on EPA Form No. 7710–25, generated TSCA section 4 (15 U.S.C. 2603), then By this rule, EPA is establishing using e-PMN software, and submitted to TSCA section 5(b)(1)(A) (15 U.S.C. certain significant new uses which have the Agency in accordance with the 2604(b)(1)(A)) requires such information been claimed as CBI subject to Agency procedures set forth in 40 CFR 720.40. to be submitted to EPA at the time of confidentiality regulations at 40 CFR E–PMN software is available submission of the SNUN. part 2 and 40 CFR part 720, subpart E. electronically at http://www.epa.gov/ In the absence of a rule, Order, or Absent a final determination or other opptintr/newchems. disposition of the confidentiality claim consent agreement under TSCA section XI. Economic Analysis 4 covering the chemical substance, under 40 CFR part 2 procedures, EPA is persons are required only to submit required to keep this information EPA has evaluated the potential costs information in their possession or confidential. EPA promulgated a of establishing SNUN requirements for control and to describe any other procedure to deal with the situation potential manufacturers and processors information known to or reasonably where a specific significant new use is of the chemical substances subject to ascertainable by them (see 40 CFR CBI, at 40 CFR 721.1725(b)(1). this rule. EPA’s complete economic Under these procedures a 720.50). However, upon review of PMNs analysis is available in the docket under manufacturer or processor may request and SNUNs, the Agency has the docket ID number EPA–HQ–OPPT– EPA to determine whether a proposed authority to require appropriate testing. 2018–0772. use would be a significant new use Unit IV. of the April 19, 2019 proposed under the rule. The manufacturer or XII. Statutory and Executive Order rule lists potentially useful information processor must show that it has a bona Reviews for all SNURs listed here. Descriptions fide intent to manufacture or process the are provided for informational purposes. A. Executive Order 12866 chemical substance and must identify The potentially useful information the specific use for which it intends to This action establishes SNURs for identified in Unit IV. of the proposed manufacture or process the chemical several new chemical substances that rule will be useful to EPA’s evaluation substance. If EPA concludes that the were the subject of PMNs and TSCA in the event that someone submits a person has shown a bona fide intent to section 5(e) Orders. The Office of SNUN for the significant new use. manufacture or process the chemical Management and Budget (OMB) has Companies who are considering substance, EPA will tell the person exempted these types of actions from submitting a SNUN are encouraged, but whether the use identified in the bona review under Executive Order 12866 (58 not required, to develop the information fide submission would be a significant FR 51735, October 4, 1993). on the substance. EPA strongly new use under the rule. Since most of B. Paperwork Reduction Act (PRA) encourages persons, before performing the chemical identities of the chemical any testing, to consult with the Agency. substances subject to these SNURs are According to PRA (44 U.S.C. 3501 et Furthermore, pursuant to TSCA section also CBI, manufacturers and processors seq.), an agency may not conduct or 4(h), which pertains to reduction of can combine the bona fide submission sponsor, and a person is not required to testing in vertebrate animals, EPA under the procedure in 40 CFR respond to a collection of information encourages consultation with the 721.1725(b)(1) with that under 40 CFR that requires OMB approval under PRA, Agency on the use of alternative test 721.11 into a single step. unless it has been approved by OMB methods and strategies (also called New If EPA determines that the use and displays a currently valid OMB Approach Methodologies, or NAMs), if identified in the bona fide submission control number. The OMB control available, to generate the recommended would not be a significant new use, i.e., numbers for EPA’s regulations in title 40 test data. EPA encourages dialog with the use does not meet the criteria of the CFR, after appearing in the Agency representatives to help specified in the rule for a significant Federal Register, are listed in 40 CFR determine how best the submitter can new use, that person can manufacture or part 9, and included on the related meet both the data needs and the process the chemical substance so long collection instrument or form, if objective of TSCA section 4(h). as the significant new use trigger is not applicable. EPA is amending the table in The potentially useful information met. In the case of a production volume 40 CFR part 9 to list the OMB approval described in Unit IV. of the proposed trigger, this means that the aggregate number for the information collection rule may not be the only means of annual production volume does not requirements contained in this action. providing information to evaluate the exceed that identified in the bona fide This listing of the OMB control numbers chemical substance associated with the submission to EPA. Because of and their subsequent codification in the significant new uses. However, confidentiality concerns, EPA does not CFR satisfies the display requirements submitting a SNUN without any test typically disclose the actual production of PRA and OMB’s implementing data may increase the likelihood that volume that constitutes the use trigger. regulations at 5 CFR part 1320. This EPA will take action under TSCA Thus, if the person later intends to Information Collection Request (ICR) section 5(e) or 5(f). EPA recommends exceed that volume, a new bona fide was previously subject to public notice that potential SNUN submitters contact submission would be necessary to and comment prior to OMB approval, EPA early enough so that they will be determine whether that higher volume and given the technical nature of the able to conduct the appropriate tests. would be a significant new use. table, EPA finds that further notice and SNUN submitters should provide comment to amend it is unnecessary. As detailed information on the following: X. SNUN Submissions a result, EPA finds that there is ‘‘good • Human exposure and According to 40 CFR 721.1(c), persons cause’’ under section 553(b)(3)(B) of the environmental release that may result submitting a SNUN must comply with Administrative Procedure Act (5 U.S.C. from the significant new use of the the same notification requirements and 553(b)(3)(B)) to amend this table chemical substances. EPA regulatory procedures as persons without further notice and comment.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15956 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
The information collection recordkeeping of cost of submitting a action as defined by Executive Order requirements related to this action have SNUN to about $10,116 for qualifying 12866, and this action does not address already been approved by OMB small firms. Therefore, the potential environmental health or safety risks pursuant to PRA under OMB control economic impacts of complying with disproportionately affecting children. number 2070–0012 (EPA ICR No. 574). this SNUR are not expected to be H. Executive Order 13211: Actions This action does not impose any burden significant or adversely impact a Concerning Regulations That requiring additional OMB approval. If substantial number of small entities. In Significantly Affect Energy Supply, an entity were to submit a SNUN to the a SNUR that published in the Federal Distribution, or Use Agency, the annual burden is estimated Register of June 2, 1997 (62 FR 29684) to average between 30 and 170 hours (FRL–5597–1), the Agency presented its This action is not subject to Executive per response. This burden estimate general determination that final SNURs Order 13211 (66 FR 28355, May 22, includes the time needed to review are not expected to have a significant 2001), because this action is not instructions, search existing data economic impact on a substantial expected to affect energy supply, sources, gather and maintain the data number of small entities, which was distribution, or use and because this needed, and complete, review, and provided to the Chief Counsel for action is not a significant regulatory submit the required SNUN. Advocacy of the Small Business action under Executive Order 12866. Send any comments about the Administration. accuracy of the burden estimate, and I. National Technology Transfer and any suggested methods for minimizing D. Unfunded Mandates Reform Act Advancement Act (NTTAA) respondent burden, including using (UMRA) In addition, since this action does not automated collection techniques, to the Based on EPA’s experience with involve any technical standards, Director, Regulatory Support Division, proposing and finalizing SNURs, State, NTTAA section 12(d) (15 U.S.C. 272 Office of Mission Support (2822T), local, and Tribal governments have not note), does not apply to this action. Environmental Protection Agency, 1200 been impacted by these rulemakings, J. Executive Order 12898: Federal Pennsylvania Ave. NW, Washington, DC and EPA does not have any reasons to Actions To Address Environmental 20460–0001. Please remember to believe that any State, local, or Tribal Justice in Minority Populations and include the OMB control number in any government will be impacted by this Low-Income Populations correspondence, but do not submit any action. As such, EPA has determined completed forms to this address. that this action does not impose any This action does not entail special C. Regulatory Flexibility Act (RFA) enforceable duty, contain any unfunded considerations of environmental justice mandate, or otherwise have any effect related issues as delineated by Pursuant to section 605(b) of the RFA on small governments subject to the Executive Order 12898 (59 FR 7629, (5 U.S.C. 601 et seq.), the Agency hereby requirements of UMRA sections 202, February 16, 1994). certifies that promulgation of this SNUR 203, 204, or 205 (2 U.S.C. 1501 et seq.). would not have a significant adverse XIII. Congressional Review Act economic impact on a substantial E. Executive Order 13132: Federalism Pursuant to the Congressional Review number of small entities. The This action will not have a substantial Act (5 U.S.C. 801 et seq.), EPA will requirement to submit a SNUN applies direct effect on States, on the submit a report containing this rule and to any person (including small or large relationship between the national other required information to the U.S. entities) who intends to engage in any government and the States, or on the Senate, the U.S. House of activity described in the final rule as a distribution of power and Representatives, and the Comptroller ‘‘significant new use.’’ Because these responsibilities among the various General of the United States prior to uses are ‘‘new,’’ based on all levels of government, as specified in publication of the rule in the Federal information currently available to EPA, Executive Order 13132 (64 FR 43255, Register. This action is not a ‘‘major it appears that no small or large entities August 10, 1999). rule’’ as defined by 5 U.S.C. 804(2). presently engage in such activities. A SNUR requires that any person who F. Executive Order 13175: Consultation List of Subjects and Coordination With Indian Tribal intends to engage in such activity in the 40 CFR Part 9 future must first notify EPA by Governments submitting a SNUN. Although some This action does not have Tribal Environmental protection, Reporting small entities may decide to pursue a implications because it is not expected and recordkeeping requirements. significant new use in the future, EPA to have substantial direct effects on 40 CFR Part 721 cannot presently determine how many, Indian Tribes. This action does not Environmental protection, Chemicals, if any, there may be. However, EPA’s significantly nor uniquely affect the Hazardous substances, Reporting and experience to date is that, in response to communities of Indian Tribal recordkeeping requirements. the promulgation of SNURs covering governments, nor does it involve or over 1,000 chemicals, the Agency impose any requirements that affect Dated: March 5, 2020. receives only a small number of notices Indian Tribes. Accordingly, the Tala Henry, per year. For example, the number of requirements of Executive Order 13175 Deputy Director, Office of Pollution SNUNs received was seven in Federal (65 FR 67249, November 9, 2000), do Prevention and Toxics. fiscal year (FY) 2013, 13 in FY2014, six not apply to this action. Therefore, 40 CFR parts 9 and 721 are in FY2015, 10 in FY2016, 14 in FY2017, amended as follows: and 11 in FY2018 and only a fraction of G. Executive Order 13045: Protection of these were from small businesses. In Children From Environmental Health PART 9—[AMENDED] addition, the Agency currently offers and Safety Risks relief to qualifying small businesses by This action is not subject to Executive ■ 1. The authority citation for part 9 reducing the SNUN submission fee from Order 13045 (62 FR 19885, April 23, continues to read as follows: $16,000 to $2,800. This lower fee 1997), because this is not an Authority: 7 U.S.C. 135 et seq., 136–136y; reduces the total reporting and economically significant regulatory 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15957
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 721.11250 Substituted carboxylic acid, § 721.11248 1,2-Cyclohexanedicarboxylic U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, polymer with 2,4-diisocyanato-1- acid, 1-(phenylmethyl) ester, ester with 1321, 1326, 1330, 1342, 1344, 1345 (d) and methylbenzene, hexanedioic acid, alpha- 2,2,4-trimethyl-1,3-pentanediol mono(2- (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, hydro-omega-hydroxypoly[oxy(methyl- methylpropanoate). 1971–1975 Comp. p. 973; 42 U.S.C. 241, 1,2-ethanediyl)], 1,1’-methylenebis[4- (a) Chemical substance and 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, isocyanatobenzene], 2,2’-oxybis[ethanol], significant new uses subject to reporting. 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 1,1’-oxybis[2-propanol] and 1,2- (1) The chemical substance identified as 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., propanediol (generic) . 6901–6992k, 7401–7671q, 7542, 9601–9657, 1,2-Cyclohexanedicarboxylic 721.11251 Unsaturated polyfluoro ester, 11023, 11048. cyclohexanedicarboxylic acid, 1- (generic). (phenylmethyl) ester, ester with 2,2,4- ■ 2. In § 9.1, add entries for 721.11252 Acetic acid, 2-(2-butoxyethoxy)-. trimethyl-1,3-pentanediol mono(2- §§ 721.11247 through 721.11257 in 721.11253 Sulfuric acid, ammonium salt methylpropanoate) (P–16–422, CAS No. numerical order under the undesignated (1:?). 1661012–65–2) is subject to reporting 721.11254 Alkylamide, polymer with center heading ‘‘Significant New Uses of under this section for the significant alkylamine, formaldehyde, and Chemical Substances’’ to read as new uses described in paragraph (a)(2) follows: polycyanamide, alkyl acid salt (generic). 721.11255 Cashew nutshell liquid, polymer of this section. § 9.1 OMB approvals under the Paperwork with diisocyanatoalkane, substituted- (2) The significant new uses are: Reduction Act. polyoxyalkyldiol and polyether polyol (i) Industrial, commercial, and * * * * * (generic). consumer activities. It is a significant 721.11256 Silane, ethenyltrimethoxy-, new use to use the substance involving OMB control polymer with ethene and 1-propene. an application method that results in 40 CFR citation No. 721.11257 Hydrogenated fatty acid dimers, inhalation exposures. It is a significant polymers with 1,1’-methylenebis[4- new use to release a manufacturing, isocyanatobenzene], polypropylene processing, or use stream associated glycol, polypropylene glycol ether with with any use of the substance, other ***** trimethylolpropane (3:1), and 1,3- than releases from the confidential Significant New Uses of Chemical propanediol, polypropylene glycol Substances polymer additive use described in the monomethacrylate-blocked (generic). PMN, into the waters of the United * * * * * States exceeding a surface water ***** concentration of 12 part per billion § 721.11247 ...... 2070–0012 § 721.11247 Organic salt (generic). (ppb) using the methods described in § 721.11248 ...... 2070–0012 (a) Chemical substance and § 721.91. § 721.11249 ...... 2070–0012 significant new uses subject to reporting. (ii) [Reserved] § 721.11250 ...... 2070–0012 (b) Specific requirements. The § 721.11251 ...... 2070–0012 (1) The chemical substance identified § 721.11252 ...... 2070–0012 generically as organic salt (P–14–482) is provisions of subpart A of this part § 721.11253 ...... 2070–0012 subject to reporting under this section apply to this section except as modified § 721.11254 ...... 2070–0012 for the significant new uses described in by this paragraph (b). § 721.11255 ...... 2070–0012 paragraph (a)(2) of this section. (1) Recordkeeping. Recordkeeping § 721.11256 ...... 2070–0012 requirements as specified in (2) The significant new uses are: § 721.11257 ...... 2070–0012 § 721.125(a) through (c), (i), and (k) are (i) Industrial, commercial, and applicable to manufacturers, including ***** consumer activities. Requirements as importers, and processors of this specified in § 721.80(j). It is a significant substance. * * * * * new use to manufacture, process or use (2) Limitations or revocation of the substance in any manner that results PART 721—[AMENDED] certain notification requirements. The in inhalation exposures. It is a provisions of § 721.185 apply to this significant new use to exceed the ■ 3. The authority citation for part 721 section. confidential annual production volume continues to read as follows: (3) Determining whether a specific use stated in the PMN. is subject to this section. The provisions Authority: 15 U.S.C. 2604, 2607, and of § 721.1725(b)(1) apply to paragraph 2625(c). (ii) [Reserved] (b) Specific requirements. The (a)(2)(ii) of this section. ■ 4. Add §§ 721.11247 through provisions of subpart A of this part § 721.11249 Alkylaminium-trialkyl-2-[(2- 721.11257 to subpart E to read as apply to this section except as modified methyl-1-oxo-2-propen-1-yl)oxy]-, halide follows: by this paragraph (b). (1:1), polymer with alpha-(2-methyl-1-oxo-2- propen-1-yl)- omega-alkoxypoly(oxy-1,2- Subpart E—Significant New Uses for (1) Recordkeeping. Recordkeeping alkanediyl) (generic). Specific Chemical Substances requirements as specified in § 721.125(a) though (c) and (i), are (a) Chemical substance and * * * * * applicable to manufacturers and significant new uses subject to reporting. Sec. processors of this substance. (1) The chemical substance identified 721.11247 Organic salt (generic). generically as alkylaminium-trialkyl-2- 721.11248 1,2-Cyclohexanedicarboxylic (2) Limitations or revocation of [(2-methyl-1-oxo-2-propen-1-yl)oxy]-, acid, 1-(phenylmethyl) ester, ester with certain notification requirements. The halide (1:1), polymer with alpha-(2- 2,2,4-trimethyl-1,3-pentanediol mono(2- provisions of § 721.185 apply to this methyl-1-oxo-2-propen-1-yl)- omega- methylpropanoate). section. 721.11249 Alkylaminium-trialkyl-2-[(2- alkoxypoly(oxy-1,2-alkanediyl) (PMN methyl-1-oxo-2-propen-1-yl)oxy]-, halide (3) Determining whether a specific use P–17–152) is subject to reporting under (1:1), polymer with alpha-(2-methyl-1- is subject to this section. The provisions this section for the significant new uses oxo-2-propen-1-yl)- omega- of § 721.1725(b)(1) apply to paragraph described in paragraph (a)(2) of this alkoxypoly(oxy-1,2-alkanediyl) (generic). (a)(2)(iii) of this section section.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15958 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
(2) The significant new uses are: applicable to manufacturers, including (ii) [Reserved] (i) Industrial, commercial, and importers, and processors of this (b) Specific requirements. The consumer activities. It is a significant substance. provisions of subpart A of this part new use to manufacture, process, or use (2) Limitations or revocation of apply to this section except as modified the substance in any manner that results certain notification requirements. The by this paragraph (b). in inhalation exposure. It is a significant provisions of § 721.185 apply to this (1) Recordkeeping. Recordkeeping new use to manufacture or process the section. requirements as specified in substance as a powder or solid. § 721.125(a) through (c), and (i) are (ii) Release to water. Requirements as § 721.11251 Unsaturated polyfluoro ester applicable to manufacturers, including (generic). specified in § 721.90(a)(4), (b)(4), and importers, and processors of this (c)(4) where N=1. (a) Chemical substance and substance. (b) Specific requirements. The significant new uses subject to reporting. (2) Limitations or revocation of provisions of subpart A of this part (1) The chemical substance identified certain notification requirements. The apply to this section except as modified generically as unsaturated polyfluoro provisions of § 721.185 apply to this by this paragraph (b). ester (P–17–245) is subject to reporting section. (1) Recordkeeping. Recordkeeping under this section for the significant requirements as specified in new uses described in paragraph (a)(2) § 721.11253 Sulfuric acid, ammonium salt § 721.125(a) through (c), (i), and (k) are of this section. (1:?). applicable to manufacturers, including (2) The significant new uses are: (a) Chemical substance and importers, and processors of this (i) Industrial, commercial, and significant new uses subject to reporting. substance. consumer activities. Requirements as (1) The chemical substance identified as (2) Limitations or revocation of specified in § 721.80(j). sulfuric acid, ammonium salt (1:?) (PMN certain notification requirements. The (ii) Disposal. It is a significant new P–18–73, CAS No. 10043–02–4) is provisions of § 721.185 apply to this use to dispose of the substance and any subject to reporting under this section section. waste streams containing the substance for the significant new uses described in or its constituent breakdown products paragraph (a)(2) of this section. § 721.11250 Substituted carboxylic acid, other than by sending them via a polymer with 2,4-diisocyanato-1- (2) The significant new uses are: methylbenzene, hexanedioic acid, alpha- hazardous waste transporter to a (i) Industrial, commercial, and hydro-omega-hydroxypoly[oxy(methyl-1,2- hazardous waste incinerator permitted consumer activities. Requirements as ethanediyl)], 1,1’-methylenebis[4- under the Resource Conservation and specified in § 721.80(j). It is a significant isocyanatobenzene], 2,2’-oxybis[ethanol], Recovery Act (RCRA) or an authorized new use to use the substance other than 1,1’-oxybis[2-propanol] and 1,2-propanediol state hazardous waste program. a Federal Insecticide, Fungicide, and (generic). (iii) Release to water. Requirements as Rodenticide Act (FIFRA) inert (a) Chemical substance and specified in § 721.90(a)(1), (b)(1), and ingredient, an anti-scalant, a chlorine significant new uses subject to reporting. (c)(1). stabilizer, or the additional confidential (1) The chemical substance generically (b) Specific requirements. The uses described in the PMN. identified as substituted carboxylic acid, provisions of subpart A of this part (ii) [Reserved] polymer with 2,4-diisocyanato-1- apply to this section except as modified (b) Specific requirements. The methylbenzene, hexanedioic acid, by this paragraph (b). provisions of subpart A of this part alpha-hydro-omega-hydroxypoly (1) Recordkeeping. Recordkeeping apply to this section except as modified [oxy(methyl-1,2-ethanediyl)], 1,1′- requirements as specified in by this paragraph (b). methylenebis[4-isocyanatobenzene], § 721.125(a) through (c), and (i) through (1) Recordkeeping. Recordkeeping 2,2′-oxybis[ethanol], 1,1′-oxybis[2- (k) are applicable to manufacturers, requirements as specified in propanol] and 1,2-propanediol) (PMN including importers, and processors of § 721.125(a) thru (c) and (i), are P–17–239) is subject to reporting under this substance. applicable to manufacturers, including this section for the significant new uses (2) Limitations or revocation of importers, and processors of this described in paragraph (a)(2) of this certain notification requirements. The substance. section. provisions of § 721.185 apply to this (2) Limitations or revocation of (2) The significant new uses are: section. certain notification requirements. The (i) Industrial, commercial, and (3) Determining whether a specific use provisions of § 721.185 apply to this consumer activities. Requirements as is subject to this section. The provisions section. specified in § 721.80(o). It is a of § 721.1725(b)(1) apply to paragraph (3) Determining whether a specific use significant new use to use the substance (a)(2)(ii) of this section. is subject to this section. The provisions involving spray application that results of § 721.1725(b)(1) apply to paragraph § 721.11252 Acetic acid, 2-(2- in inhalation exposures. It is a (a)(2)(iii) of this section. significant new use to manufacture butoxyethoxy)-. (includes importing) the substance to (a) Chemical substance and § 721.11254 Alkylamide, polymer with contain more than 20% residual significant new uses subject to reporting. alkylamine, formaldehyde, and isocyanate by weight. (1) The chemical substance identified as polycyanamide, alkyl acid salt (generic). (ii) Release to water. Requirements as acetic acid, 2-(2-butoxyethoxy)- (PMN (a) Chemical substance and specified in § 721.90(a)(4), (b)(4), and P–18–48, CAS No. 82941–26–2) is significant new uses subject to reporting. (c)(4) where N=33. subject to reporting under this section (1) The chemical substance identified (b) Specific requirements. The for the significant new uses described in generically as alkylamide, polymer with provisions of subpart A of this part paragraph (a)(2) of this section. alkylamine, formaldehyde, and apply to this section except as modified (2) The significant new uses are: polycyanamide, alkyl acid salt (PMN P– by this paragraph (b). (i) Industrial, commercial, and 18–122) is subject to reporting under (1) Recordkeeping. Recordkeeping consumer activities. It is a significant this section for the significant new uses requirements as specified in new use to use the substance other than described in paragraph (a)(2) of this § 721.125(a) through (c), (i), and (k) are as emulsifier for metal working fluid. section.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15959
(2) The significant new uses are: (1) Recordkeeping. Recordkeeping generically as hydrogenated fatty acid (i) Industrial, commercial, and requirements as specified in dimers, polymers with 1,1’- consumer activities. It is a significant § 721.125(a) through (c), and (i) are methylenebis[4-isocyanatobenzene], new use to release a manufacturing, applicable to manufacturers, including polypropylene glycol, polypropylene processing, or use stream associated importers, and processors of this glycol ether with trimethylolpropane with any use of the substances, other substance. (3:1), and 1,3-propanediol, than the confidential chemical (2) Limitations or revocation of polypropylene glycol intermediate use described in the certain notification requirements. The monomethacrylate-blocked (P–19–10) is premanufacture notices, into the waters provisions of § 721.185 apply to this subject to reporting under this section of the United States exceeding a surface section. for the significant new uses described in water concentration of 1 part per billion paragraph (a)(2) of this section. § 721.11256 Silane, ethenyltrimethoxy-, (ppb) using the methods described in polymer with ethene and 1-propene. (2) The significant new uses are: § 721.91. (i) Industrial, commercial, and (ii) [Reserved] (a) Chemical substance and significant new uses subject to reporting. consumer activities. It is a significant (b) Specific requirements. The new use to use the substance involving provisions of subpart A of this part (1) The chemical substance identified as silane, ethenyltrimethoxy-, polymer an application method that results in apply to this section except as modified inhalation exposures. by this paragraph (b). with ethene and 1-propene (P–18–222) is subject to reporting under this section (ii) [Reserved] (1) Recordkeeping. Recordkeeping (b) Specific requirements. The requirements as specified in for the significant new uses described in paragraph (a)(2) of this section. provisions of subpart A of this part § 721.125(a) through (c), (i), and (k) are apply to this section except as modified applicable to manufacturers, including (2) The significant new uses are: (i) Industrial, commercial, and by this paragraph (b). importers, and processors of this consumer activities. It is a significant (1) Recordkeeping. Recordkeeping substance. new use to manufacture, process, or use requirements as specified in (2) Limitations or revocation of the substance for uses other than as a § 721.125(a) through (c), and (i) are certain notification requirements. The reactive polymer for use in adhesive applicable to manufacturers, including provisions of § 721.185 apply to this applications. importers, and processors of this section. (ii) [Reserved] substance. § 721.11255 Cashew nutshell liquid, (b) Specific requirements. The (2) Limitations or revocation of polymer with diisocyanatoalkane, provisions of subpart A of this part certain notification requirements. The substituted-polyoxyalkyldiol and polyether apply to this section except as modified provisions of § 721.185 apply to this polyol (generic). by this paragraph (b). section. (a) Chemical substance and (1) Recordkeeping. Recordkeeping [FR Doc. 2020–05351 Filed 3–19–20; 8:45 am] significant new uses subject to reporting. requirements as specified in BILLING CODE 6560–50–P (1) The chemical substance identified § 721.125(a) through (c), and (i) are generically as cashew nutshell liquid, applicable to manufacturers, including polymer with diisocyanatoalkane, importers, and processors of this ENVIRONMENTAL PROTECTION substituted-polyoxyalkyldiol and substance. AGENCY polyether polyol (PMN P–18–162) is (2) Limitations or revocation of subject to reporting under this section certain notification requirements. The 40 CFR Part 52 for the significant new uses described in provisions of § 721.185 apply to this paragraph (a)(2) of this section. section. Air Plan Approval; Iowa; State (2) The significant new uses are: Implementation Plan and Operating § 721.11257 Hydrogenated fatty acid Permits Program (i) Industrial, commercial, and dimers, polymers with 1,1’-methylenebis[4- consumer activities. It is a significant isocyanatobenzene], polypropylene glycol, CFR Correction new use to manufacture (including polypropylene glycol ether with import) in a form other that as a paste. trimethylolpropane (3:1), and 1,3- ■ In Title 40 of the Code of Federal (ii) [Reserved] propanediol, polypropylene glycol Regulations, Part 52(§§ 52.01 to (b) Specific requirements. The monomethacrylate-blocked (generic). 52.1018), revised as of July 1, 2019, on provisions of subpart A of this part (a) Chemical substance and page 1152, in § 52.820, in the table, the apply to this section except as modified significant new uses subject to reporting. entry for Iowa citation 567–22.9 is by this paragraph (b). (1) The chemical substance identified reinstated to read as follows:
EPA–APPROVED IOWA REGULATIONS
State effective Iowa citation Title date EPA approval date Explanation
******* 567–22.9 ...... Special Requirements for Visi- 11/11/2009 10/25/2013, 78 FR 63887 ...... bility Protection.
*******
VerDate Sep<11>2014 18:24 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15960 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
[FR Doc. 2020–05998 Filed 3–19–20; 8:45 am] or other information whose disclosure is MACT maximum achievable control BILLING CODE 1301–00–D restricted by statute. Certain other technology material, such as copyrighted material, MIR maximum individual risk is not placed on the internet and will be NAICS North American Industry ENVIRONMENTAL PROTECTION publicly available only in hard copy Classification System AGENCY form. Publicly available docket NESHAP national emission standards for hazardous air pollutants materials are available either 40 CFR Part 63 NTTAA National Technology Transfer and electronically through https:// Advancement Act [EPA–HQ–OAR–2016–0447 and EPA–HQ– www.regulations.gov/, or in hard copy at OMB Office of Management and Budget OAR–2016–0449; FRL–10006–04–OAR] the EPA Docket Center, WJC West PRA Paperwork Reduction Act Building, Room Number 3334, 1301 RFA Regulatory Flexibility Act RIN 2060–AT12 Constitution Ave. NW, Washington, DC. RIN Regulatory Information Number National Emission Standards for The Public Reading Room hours of RTR risk and technology review SSM startup, shutdown, and malfunction Hazardous Air Pollutants: Boat operation are 8:30 a.m. to 4:30 p.m. TOSHI target organ specific health index Manufacturing and Reinforced Plastic Eastern Standard Time (EST), Monday through Friday. The telephone number tpy tons per year Composites Production Risk and UMRA Unfunded Mandates Reform Act Technology Review for the Public Reading Room is (202) 566–1744, and the telephone number for Background information. On May 17, AGENCY: Environmental Protection the EPA Docket Center is (202) 566– 2019 (84 FR 22642), the EPA proposed 1742. Agency (EPA). revisions to the Boat Manufacturing ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: For NESHAP and the Reinforced Plastic questions about this final action, contact Composites Production NESHAP based SUMMARY: This action finalizes the Dr. Tina Ndoh, Sector Policies and on our RTR. In this action, we are residual risk and technology reviews Programs Division (D234–04), Office of finalizing decisions and revisions for (RTR) conducted for the Boat Air Quality Planning and Standards, the rule. We summarize some of the Manufacturing and the Reinforced U.S. Environmental Protection Agency, more significant comments we timely Plastic Composites Production source Research Triangle Park, North Carolina received regarding the proposed rule categories regulated under national 27711; telephone number: (919) 541– and provide our responses in this emission standards for hazardous air 1516; fax number: (919) 541–4991; and preamble. A summary of all other public pollutants (NESHAP). In addition, we email address: [email protected]. For comments on the proposal and the are taking final action addressing specific information regarding the risk EPA’s responses to those comments is emissions during periods of startup, modeling methodology, contact Mr. available in the Summary of Public shutdown, and malfunction (SSM) and James Hirtz, Health and Environmental Comments and Responses for the Risk amending provisions regarding Impacts Division (C539–02), Office of and Technology Reviews for Boat electronic reporting of performance test Air Quality Planning and Standards, Manufacturing NESHAP and Reinforced and performance evaluation results and U.S. Environmental Protection Agency, Plastic Composite NESHAP, Docket ID semiannual reports. These final Research Triangle Park, North Carolina No. EPA–HQ–OAR–2016–0447 for Boat amendments include removal of 27711; telephone number: (919) 541– Manufacturing and EPA–HQ–OAR– regulatory language that is inconsistent 0881; fax number: (919) 541–0840; and 2016–0449 for Reinforced Plastic with the requirement that the standards email address: hirtz.james @epa.gov. For Composites Production. A ‘‘track apply at all times, inclusion of language information about the applicability of changes’’ version of the regulatory requiring electronic reporting of the NESHAP to a particular entity, language that incorporates the changes performance test and performance contact Mr. John Cox, Office of in this action is available in the docket evaluation results and semiannual Enforcement and Compliance for each rule. reports, and an amendment to the Assurance, U.S. Environmental Organization of this document. The Reinforced Plastic Composites Protection Agency, WJC South Building, information in this preamble is Production NESHAP to clarify that (Mail Code 2221A), 1200 Pennsylvania organized as follows: mixers that route to a capture and Ave. NW, Washington, DC 20460; control device system with at least 95- telephone number: (202) 564–1395; and I. General Information percent efficiency overall are not email address: [email protected]. A. Does this action apply to me? B. Where can I get a copy of this document required to have covers. The numeric SUPPLEMENTARY INFORMATION: emission limits of the standards for both Preamble acronyms and and other related information? source categories remain unchanged. C. Judicial Review and Administrative abbreviations. We use multiple Reconsideration DATES: This final rule is effective on acronyms and terms in this preamble. II. Background March 20, 2020. While this list may not be exhaustive, to A. What is the statutory authority for this ADDRESSES: The U.S. Environmental ease the reading of this preamble and for action? Protection Agency (EPA) has established reference purposes, the EPA defines the B. What are the source categories and how a docket for this action under Docket ID following terms and acronyms here: does the NESHAP regulate HAP No. EPA–HQ–OAR–2016–0447 for the BMC bulk molding compound emissions from the source categories? Boat Manufacturing NESHAP and CAA Clean Air Act C. What changes did we propose for the Docket ID No. EPA–HQ–OAR–2016– CDX Central Data Exchange source categories in our May 17, 2019, 0449 for the Reinforced Plastic CEMS continuous emission monitoring proposal? system III. What is included in these final rules? Composites Production NESHAP. All A. What are the final rule amendments documents in the docket are listed on CRA Congressional Review Act EPA Environmental Protection Agency based on the risk review for the source the https://www.regulations.gov/ ERT Electronic Reporting Tool categories? website. Although listed, some HAP hazardous air pollutants(s) B. What are the final rule amendments information is not publicly available, HQ hazard quotient based on the technology review for the e.g., confidential business information ICR Information Collection Request source categories?
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15961
C. What are the final rule amendments action are shown in Table 1 of this the Boat Manufacturing NESHAP, and addressing emissions during periods preamble. https://www.epa.gov/stationary-sources- SSM? air-pollution/reinforced-plastic- D. What are the final rule amendments for TABLE 1—NESHAP AND INDUSTRIAL electronic reporting for the source composites-production-national- categories? SOURCE CATEGORIES AFFECTED BY emission for the Reinforced Plastic E. What are the effective and compliance THIS FINAL ACTION Composites Production NESHAP. dates for the Boat Manufacturing and Following publication in the Federal Reinforced Plastic Composites 1 NESHAP and source category NAICS Register, the EPA will post the Federal Production source categories? Code Register version and key technical F. What are the electronic reporting requirements? Boat Manufacturing ...... 336612 documents at this same website. G. What are the final rule amendments Reinforced Plastic Composites Additional information is available on regarding covers for mixers that route to Production ...... 326113 the RTR website at https:// a control device system? 326121 www.epa.gov/stationary-sources-air- IV. What is the rationale for our final 326122 decisions and amendments for the Boat 326130 pollution/risk-and-technology-review- Manufacturing and Reinforced Plastic 326140 national-emissions-standards- Composites Production source 326191 hazardous. This information includes categories? 327110 an overview of the RTR program and A. Residual Risk Reviews 327991 links to project websites for the RTR B. Technology Reviews for the Boat 332321 source categories. Manufacturing and Reinforced Plastic 332420 Composites Production Source 333132 C. Judicial Review and Administrative Categories 333415 Reconsideration C. SSM Provisions 333611 D. Electronic Reporting Provisions 333924 Under Clean Air Act (CAA) section E. Work Practice Standards for Controlled- 334310 307(b)(1), judicial review of this final Spray Training 335311 V. Summary of Cost, Environmental, and 335313 action is available only by filing a Economic Impacts and Additional 335932 petition for review in the United States Analyses Conducted 336111 Court of Appeals for the District of A. What are the affected facilities? 336211 Columbia Circuit (the Court) by May 19, B. What are the air quality impacts? 336213 2020. Under CAA section 307(b)(2), the C. What are the cost impacts? 336214 requirements established by this final 336320 D. What are the economic impacts? rule may not be challenged separately in E. What are the benefits? 336413 F. What analysis of environmental justice 336510 any civil or criminal proceedings did we conduct? 337110 brought by the EPA to enforce the G. What analysis of children’s 337125 requirements. 337127 environmental health did we conduct? Section 307(d)(7)(B) of the CAA VI. Statutory and Executive Order Reviews 337215 A. Executive Orders 12866: Regulatory 339920 further provides that only an objection Planning and Review and Executive 339991 to a rule or procedure which was raised Order 13563: Improving Regulation and with reasonable specificity during the 1 North American Industry Classification Regulatory Review System. period for public comment (including B. Executive Order 13771: Reducing any public hearing) may be raised Regulations and Controlling Regulatory Table 1 of this preamble is not during judicial review. This section also Costs intended to be exhaustive, but rather to provides a mechanism for the EPA to C. Paperwork Reduction Act (PRA) provide a guide for readers regarding D. Regulatory Flexibility Act (RFA) reconsider the rule if the person raising entities likely to be affected by the final an objection can demonstrate to the E. Unfunded Mandates Reform Act action for the source categories listed. (UMRA) Administrator that it was impracticable To determine whether your facility is F. Executive Order 13132: Federalism to raise such objection within the period affected, you should examine the G. Executive Order 13175: Consultation for public comment or if the grounds for applicability criteria in the appropriate and Coordination With Indian Tribal such objection arose after the period for NESHAP. If you have any questions Governments public comment (but within the time H. Executive Order 13045: Protection of regarding the applicability of any aspect specified for judicial review) and if such Children From Environmental Health of this NESHAP, please contact the objection is of central relevance to the Risks and Safety Risks appropriate person listed in the outcome of the rule. Any person seeking I. Executive Order 13211: Actions preceding FOR FURTHER INFORMATION Concerning Regulations That to make such a demonstration should CONTACT section of this preamble. Significantly Affect Energy Supply, submit a Petition for Reconsideration to Distribution, or Use B. Where can I get a copy of this the Office of the Administrator, U.S. J. National Technology Transfer and document and other related EPA, Room 3000, WJC South Building, Advancement Act (NTTAA) information? K. Executive Order 12898: Federal Actions 1200 Pennsylvania Ave. NW, To Address Environmental Justice in In addition to being available in the Washington, DC 20460, with a copy to Minority Populations and Low-Income docket, an electronic copy of this final both the person(s) listed in the Populations action will also be available on the preceding FOR FURTHER INFORMATION L. Congressional Review Act (CRA) internet. Following signature by the CONTACT section, and the Associate I. General Information EPA Administrator, the EPA will post a General Counsel for the Air and copy of this final action at: https:// Radiation Law Office, Office of General A. Does this action apply to me? www.epa.gov/stationary-sources-air- Counsel (Mail Code 2344A), U.S. EPA, Regulated entities. Categories and pollution/boat-manufacturing-national- 1200 Pennsylvania Ave. NW, entities potentially regulated by this emission-standards-hazardous-air for Washington, DC 20460.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15962 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
II. Background environmental impacts, and energy and aluminum boat surface coating requirements. operations. See the proposal for this A. What is the statutory authority for In the second stage of the regulatory action for additional detail on the this action? process, the CAA requires the EPA to processes at boat manufacturing Section 112 of the CAA establishes a undertake two different analyses, which facilities (84 FR 22645, May 17, 2019). two-stage regulatory process to address we refer to as the technology review and The Boat Manufacturing NESHAP emissions of hazardous air pollutants the residual risk review. Under the regulates organic HAP from sources that (HAP) from stationary sources. In the technology review, we must review the manufacture aluminum recreational first stage, we must identify categories technology-based standards and revise boats or any type of fiberglass boats. For of sources emitting one or more of the them ‘‘as necessary (taking into account the purposes of these standards, HAP listed in CAA section 112(b) and developments in practices, processes, recreational boats are defined as a vessel then promulgate technology-based and control technologies)’’ no less which, by design and construction, is NESHAP for those sources. ‘‘Major frequently than every 8 years, pursuant intended by the manufacturer to be sources’’ are those that emit, or have the to CAA section 112(d)(6). Under the operated primarily for pleasure, or to be potential to emit, any single HAP at a residual risk review, we must evaluate leased, rented, or chartered to another rate of 10 tons per year (tpy) or more, the risk to public health remaining after for the latter’s pleasure (rather than for or 25 tpy or more of any combination of application of the technology-based commercial or military purposes). The HAP. For major sources, these standards standards and revise the standards, if Boat Manufacturing NESHAP applies to are commonly referred to as maximum necessary, to provide an ample margin the following operations: All open achievable control technology (MACT) of safety to protect public health or to molding operations including standards and must reflect the prevent, taking into consideration costs, pigmented gel coat, clear gel coat, maximum degree of emission reductions energy, safety, and other relevant production resin, tooling resin, and of HAP achievable (after considering factors, an adverse environmental effect. tooling gel coat; all closed molding resin cost, energy requirements, and non-air The residual risk review is required operations; resin and gel coat mixing quality health and environmental within 8 years after promulgation of the and operations; resin and gel coat impacts). In developing MACT technology-based standards, pursuant to application equipment cleaning standards, CAA section 112(d)(2) directs CAA section 112(f). In conducting the operations; carpet and fabric adhesive the EPA to consider the application of residual risk review, if the EPA operations; aluminum hull and deck measures, processes, methods, systems, determines that the current standards coating operations, including solvent or techniques, including, but not limited provide an ample margin of safety to wipe-down operations; and paint spray to, those that reduce the volume of or protect public health, it is not necessary gun cleaning operations on aluminum eliminate HAP emissions through to revise the MACT standards pursuant recreational boats. The NESHAP process changes, substitution of to CAA section 112(f).1 For more regulates HAP emissions by setting HAP materials, or other modifications; information on the statutory authority content limits for the resins and gel enclose systems or processes to for this rule, see the CAA Section 112 coats used at each regulated open eliminate emissions; collect, capture, or Risk and Technology Reviews: Statutory molding resin and gel coat operation. treat HAP when released from a process, Authority and Methodology Regulated entities can comply with the stack, storage, or fugitive emissions memorandum (Docket ID Item No. EPA– HAP limits by averaging emissions, point; are design, equipment, work HQ–OAR–2016–0447–0080). using compliant materials, or using add- practice, or operational standards; or on controls. any combination of the above. B. What are the source categories and For these MACT standards, the statute how does the NESHAP regulate HAP 2. What is the Reinforced Plastic specifies certain minimum stringency emissions from the source categories? Composites Production source category requirements, which are referred to as 1. What is the Boat Manufacturing and how does the current NESHAP MACT floor requirements, and which source category and how does the regulate its HAP emissions? may not be based on cost current NESHAP regulate its HAP The EPA promulgated the Reinforced considerations. See CAA section emissions? Plastic Composites Production NESHAP 112(d)(3). For new sources, the MACT The EPA promulgated the Boat on April 21, 2003 (68 FR 19375) and floor cannot be less stringent than the Manufacturing NESHAP on August 22, amended the standards on August 25, emission control achieved in practice by 2001 (66 FR 44218). The standards are 2005 (70 FR 50118). The standards are the best-controlled similar source. The codified at 40 CFR part 63, subpart codified at 40 CFR part 63, subpart MACT standards for existing sources VVVV (40 CFR 63.5680). The boat WWWW (40 CFR 63.5780). The can be less stringent than floors for new manufacturing industry consists of reinforced plastic composites sources, but they cannot be less facilities that manufacture fiberglass and production industry consists of facilities stringent than the average emission aluminum boats. The source category that manufacture reinforced and non- limitation achieved by the best- covered by this MACT standard reinforced plastic composite products performing 12 percent of existing currently includes 93 facilities. and the production of plastic molding sources in the category or subcategory The following processes and compounds used in the production of (or the best-performing five sources for operations are found at boat plastic composites products. The source categories or subcategories with fewer manufacturing facilities: Fiberglass boat category covered by this MACT than 30 sources). In developing MACT manufacturing and assembly operations, standard currently includes 448 standards, we must also consider fabric and carpet adhesive operations, facilities. control options that are more stringent The Reinforced Plastic Composites than the floor under CAA section 1 The Court has affirmed this approach of Production NESHAP applies to the 112(d)(2). We may establish standards implementing CAA section 112(f)(2)(A): NRDC v. following operations: Open molding, more stringent than the floor, based on EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008) (‘‘If EPA closed molding, centrifugal casting, the consideration of the cost of determines that the existing technology-based continuous lamination, continuous standards provide an ‘ample margin of safety,’ then achieving the emissions reductions, any the Agency is free to readopt those standards during casting, polymer casting, pultrusion, non-air quality health and the residual risk rulemaking.’’). sheet molding compound
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15963
manufacturing, bulk molding compound other changes to the NESHAP, the provisions related to SSM. In its (BMC) manufacturing, mixing, cleaning including: 2008 decision in Sierra Club v. EPA, 551 of equipment used in reinforced plastic • Amending provisions addressing F.3d 1019 (D.C. Cir. 2008), the Court composites manufacture, HAP- emissions during periods of SSM; vacated portions of two provisions in containing materials storage, and repair • Amending provisions regarding the EPA’s CAA section 112 regulations operations on manufactured parts (40 electronic reporting of performance test governing the emissions of HAP during CFR 63.5790). Most existing major and performance evaluation results and periods of SSM. Specifically, the Court sources are required to incorporate semiannual reports; and vacated the SSM exemption contained • pollution-prevention techniques in their An amendment to the Reinforced in 40 CFR 63.6(f)(1) and (h)(1), holding production processes. These techniques Plastic Composites Production NESHAP that under section 302(k) of the CAA, include the following: Using raw to clarify that mixers that route to a emissions standards or limitations must materials containing low amounts of capture and control device system with be continuous in nature and that the regulated HAP; non-atomized resin at least 95-percent efficiency overall are SSM exemption violates the CAA’s application; and covering open resin not required to have covers. requirement that some CAA section 112 baths and tanks. A. What are the final rule amendments standards apply continuously. As detailed in section IV.D and IV.I of the C. What changes did we propose for the based on the risk review for the source proposal preamble for these NESHAP source categories in our May 17, 2019, categories? (84 FR 22660 and 22668, May 17, 2019), proposal? This section introduces the final Table 8 to subpart VVVV of part 63 and amendments to the Boat Manufacturing On May 17, 2019, the EPA published Table 15 to subpart WWWW of part 63 and Reinforced Plastic Composites proposed rules in the Federal Register (General Provisions applicability tables) Production NESHAP being promulgated for the Boat Manufacturing NESHAP, 40 are being revised to require that the pursuant to CAA section 112(f). CFR part 63, subpart VVVV, and the standards apply at all times. We also Consistent with the proposed findings Reinforced Plastic Composites eliminated or revised certain for these NESHAP, the EPA is finalizing Production NESHAP, 40 CFR part 63, recordkeeping and reporting our determination that the risks due to subpart WWWW, that took into requirements related to the eliminated emissions of air toxics from these source consideration the RTR analyses. In the SSM exemption. The EPA also made categories under the current standards proposed rule, we proposed that the other harmonizing changes to remove or are acceptable and that the standards risks due to emissions of air toxics from modify inappropriate, unnecessary, or provide an ample margin of safety to these source categories under the redundant language in the absence of protect public health. The EPA current standards are acceptable and the SSM exemption. We determined proposed no changes to these two that the standards provide an ample that facilities in both of these source subparts based on the risk reviews margin of safety to protect public health, categories can meet the applicable conducted pursuant to CAA section and, therefore, no additional emission emission standards in the Boat 112(f). The EPA received no new data or reductions are necessary. For the Manufacturing NESHAP and the Plastic other information during the public technology reviews, we did not identify Composites Production NESHAP at all comment period that causes us to any developments in practices, times, including periods of startup and change that proposed determination. processes, or control technologies, and, shutdown. Therefore, the EPA Therefore, we are not requiring therefore, we did not propose any determined that no additional standards additional controls under CAA section changes to the standards under CAA are needed to address emissions during 112(f)(2) for either of the two subparts section 112(d)(6). We did, however, these periods. The legal rationale and in this action, and we are not making solicit comments on the feasibility and explanation of the changes to the SSM any changes to the existing standards associated cost of revising the NESHAP requirements are set forth in the under CAA section 112(f)(2). In other to include a work practice standard that proposed rules. See 84 FR 22660 words, we are readopting the standards would require controlled-spray operator through 22662 and 22668 through for both subparts. training. 222669, May 17, 2019. Additionally, the EPA proposed B. What are the final rule amendments Further, the EPA is not implementing amendments to provisions addressing based on the technology review for the standards for malfunctions. As emissions during periods of SSM and to source categories? discussed in sections IV.D and IV.I of provisions regarding electronic Consistent with the proposed findings the May 17, 2019, proposal preamble, reporting of performance test and for these NESHAP, we determined that the EPA interprets CAA section 112 as performance evaluation results and there are no developments in practices, not requiring emissions that occur semiannual reports, and proposed an processes, and control technologies that during periods of malfunction to be amendment to the Reinforced Plastic warrant revisions to the MACT factored into development of CAA Composites Production NESHAP to standards for either of these source section 112 standards, although the EPA clarify that mixers that route to a categories. Therefore, we are not has the discretion to set standards for capture and control device system with finalizing any revisions to the MACT malfunctions where feasible. For these at least 95-percent efficiency overall are standards under CAA section 112(d)(6). source categories, it is unlikely that a not required to have covers. malfunction would result in a violation C. What are the final rule amendments of the standards, and no comments were III. What is included in these final addressing emissions during periods submitted that would suggest otherwise. rules? SSM? Refer to section IV.D and IV.I of the May This action finalizes the EPA’s We are finalizing the proposed 17, 2019, proposal preamble for further determinations pursuant to the RTR amendments to the Boat Manufacturing discussion of the EPA’s rationale for the provisions of CAA section 112 for the NESHAP (40 CFR part 63, subpart decision not to set standards for Boat Manufacturing and Reinforced VVVV) and the Plastic Composites malfunctions, as well as a discussion of Plastic Composites Production source Production NESHAP (40 CFR part 63, the actions a source could take in the categories. This actions also finalizes subpart WWWW) to remove and revise unlikely event that a source fails to
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15964 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
comply with the applicable CAA section is included in the dockets for this performance test and performance 112(d) standards as a result of a rulemaking (Docket ID Item Nos. EPA– evaluation test results be submitted malfunction event, given that HQ–OAR–2016–0447–0082 and EPA– using the ERT. For the periodic administrative and judicial procedures HQ–OAR–2016–0449–0047). Electronic compliance reports, the final rule for addressing exceedances of the reporting requirements are discussed requires that owners and operators use standards fully recognize that violations further in section IV.D and V.D of this the appropriate spreadsheet template to may occur despite good faith efforts to preamble. submit information to CEDRI. The final comply and can accommodate those version of the templates for these E. What are the effective and situations. reports will be located on the CEDRI compliance dates for the Boat The EPA is finalizing a revision to the website (https://www.epa.gov/ Manufacturing and Reinforced Plastic performance testing requirements at 40 electronic-reporting-air-emissions/ Composites Production source CFR 63.5765 and 63.5912. The final cedri). performance testing provisions prohibit categories? The electronic submittal of the reports performance testing during SSM for The revisions to the MACT standards addressed in this rulemaking will demonstrating compliance as these being promulgated in this action are increase the usefulness of the data conditions are not representative of effective on March 20, 2020. contained in those reports, is in keeping normal operating conditions. The final The EPA is finalizing rule revisions with current trends in data availability rules also require that operators that require affected sources in the Boat and transparency, will further assist in maintain records to document that Manufacturing and Reinforced Plastic the protection of public health and the operating conditions during Composites Production source environment, will improve compliance performance tests represent normal categories that commenced construction by facilitating the ability of regulated conditions. or reconstruction on or before May 17, facilities to demonstrate compliance 2019, to comply with all the with requirements and by facilitating D. What are the final rule amendments amendments, including the electronic the ability of delegated state, local, for electronic reporting for the source format for submitting performance test tribal, and territorial air agencies and categories? and performance evaluation results and the EPA to assess and determine The EPA is finalizing electronic compliance reports, no later than 180 compliance, and will ultimately reduce reporting requirements that apply to days after the effective date of the final burden on regulated facilities, delegated owners and operators of facilities rule. Affected sources that commence air agencies, and the EPA. Electronic subject to the Boat Manufacturing construction or reconstruction after May reporting also eliminates paper-based NESHAP and the Plastic Composites 17, 2019, must comply with all manual processes, thereby saving time Production NESHAP. Owners and requirements of the subpart, including and resources, simplifying data entry, operations are required to submit the amendments being finalized, no eliminating redundancies, minimizing electronic copies of performance test later than the effective date of the final data reporting errors, and providing data reports and performance evaluation rule or upon startup, whichever is later, quickly and accurately to the affected reports and semiannual reports through with the exception of the electronic facilities, air agencies, the EPA and the the EPA’s Central Data Exchange (CDX), format for submitting compliance public. For a more thorough discussion using the Compliance and Emissions reports. Affected sources that commence of electronic reporting, see the Data Reporting Interface (CEDRI). A construction or reconstruction after May memorandum on e-reporting, available description of the electronic data 17, 2019, must comply with all in Docket ID Item No. EPA–HQ–OAR– submission process is provided in the requirements for the electronic format 2016–0447 and EPA–HQ–OAR–2016– memorandum, Electronic Reporting for submitting compliance reports no 0449. Requirements for New Source later than 180 days after the effective G. What are the final rule amendments Performance Standards (NSPS) and date of the final rule or upon startup, regarding covers for mixers that route to National Emission Standards for whichever is later. The EPA’s rationale a control device system? Hazardous Air Pollutants (NESHAP) for these compliance deadlines appears Rules, available in the dockets for both in the proposal preamble (84 FR 22664 In this action, we are finalizing an rules at Docket ID Item Nos. EPA–HQ– and 22670, May 17, 2019). All affected amendment to Table 4 to 40 CFR part OAR–2016–0447–0082 and EPA–HQ– facilities for the Boat Manufacturing 63, subpart WWWW, to clarify that 2016–0449–0047. The final rule requires source category must continue to meet mixers that route emissions to a capture that performance test and performance the current requirements of 40 CFR part and control device system that is at least evaluation report results collected using 63, subpart VVVV, and for the Plastic 95-percent efficient overall are not test methods that are supported by the Composites Production source category required to have covers. In the 2003 EPA’s Electronic Reporting Tool (ERT) must continue to meet the current NESHAP rulemaking, we determined as listed on the ERT website 2 at the time requirements of 40 CFR part 63, subpart that MACT for existing sources was of the test be submitted in the format WWWW, until the applicable pollution prevention measures (for generated through the use of the ERT compliance date of the amended rule. mixing and BMC manufacturing and that other performance test results operations) and that MACT for new F. What are the electronic reporting sources was 95-percent control. We also be submitted in portable document requirements? format using the attachment module of considered whether the new source the ERT. For semiannual reports, the The EPA is requiring owners and MACT floor for mixing operations final rule requires that owners and operators of boat manufacturing and should be incorporation of the pollution operators use the appropriate reinforced plastic composites prevention measures (in this case spreadsheet template to submit production facilities to submit covering the mixers) combined with 95- information to CEDRI. A draft version of electronic copies of certain required percent control. We determined that the the proposed template for these reports performance test reports, performance best controlled facilities which route evaluation reports, and periodic reports emissions to a 95-percent efficient 2 https://www.epa.gov/electronic-reporting-air- through the EPA’s CDX using the control device do not also incorporate emissions/electronic-reporting-tool-ert. CEDRI. The final rule requires that the best pollution prevention
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15965
techniques. Therefore, we concluded what we are finalizing for the issue, the review are presented briefly below in that combining the pollution prevention EPA’s rationale for the final decisions Table 2 of this preamble. Additional requirements with the 95-percent and amendments, and a summary of key detail is provided in the residual risk control requirements would result in an comments and responses. For all technical support document titled overall control level that exceeds the comments not discussed in this Residual Risk Assessment for the Boat levels at the best controlled facilities (66 preamble, comment summaries and the Manufacturing Source Category in FR 40332, August 2, 2001). However, EPA’s responses can be found in the Support of the 2018 Risk and the text in table 4 of the regulation did comment summary and response Technology Review Proposed Rule, not directly address whether mixers that document available in the docket. which is available in the Boat capture and control emissions by 95 A. Residual Risk Review Manufacturing Docket (Docket ID No. percent overall need to have covers. We EPA–HQ–OAR–2016–0447). have added text in line 6 of table 4 to 1. What did we propose pursuant to clarify that covers are not required for CAA section 112(f)? mixers that fully capture and route a. Boat Manufacturing (40 CFR Part 63, emissions to a control device with at subpart VVVV) Source Category least 95-percent efficiency. Pursuant to CAA section 112(f), the IV. What is the rationale for our final EPA conducted a residual risk review decisions and amendments for the Boat and presented the results of this review, Manufacturing and Reinforced Plastic along with our proposed decisions Composites Production source regarding risk acceptability and ample categories? margin of safety, in section IV.A of the For each issue, this section provides proposed rule preamble (84 FR 22658, a description of what we proposed and May 17, 2019). The results of this
TABLE 2—INHALATION RISK ASSESSMENT SUMMARY FOR THE BOAT MANUFACTURING SOURCE CATEGORY
Cancer MIR Max chronic (in 1 million) Cancer Population Population noncancer incidence with risk with risk hazard index Based on Based on (cases per of 1-in-1 of 10-in-1 (HI) actual allowable year) million or million or (actuals and emissions emissions greater greater allowables)
Source Category .... 0.2 (nickel compounds, 0.3 (nickel compounds, 0.00001 0 0 HI < 1. ethyl benzene, ethyl benzene, tetrachloroethene). tetrachloroethene). Whole Facility ...... 0.4 (naphthalene) ...... 0.00004 0 0 HI = 1.
The EPA proposed that the risks from the upper end of the range of Under the ample margin of safety the Boat Manufacturing source category acceptability. As risks increase above analysis, we evaluated the cost and were acceptable based on the health risk this benchmark, they become feasibility of available control information and factors discussed in presumptively less acceptable under technologies and other measures section IV.C of the proposal for this CAA section 112, and would be (including the controls, measures, and rulemaking (84 FR 22658, May 17, weighed with the other health risk costs reviewed under the technology 2019). As explained in section II.A of measures and information in making an review) that could be applied in this the proposal preamble, the EPA sets overall judgment on acceptability (54 FR source category to further reduce the standards under CAA section 112(f)(2) 38057, September 14, 1989). The risk risks (or potential risks) due to using ‘‘a two-step standard-setting analysis also shows very low cancer emissions of HAP, considering all of the approach, with an analytical first step to incidence (0.00001 cases per year for health risks and other health determine an ’acceptable risk’ that actual emissions and 0.00002 cases per information considered in the risk considers all health information, year for allowable emissions). Based on acceptability determination described including risk estimation uncertainty, our analysis, we did not identify above. In this analysis, we considered and includes a presumptive limit on potential for adverse chronic noncancer the results of the technology review, risk maximum individual risk (MIR) of health effects; all target organ specific assessment, and other aspects of our approximately 1-in-10 thousand (84 FR health indexes (TOSHIs) were less than MACT rule review to determine 22644, May 17, 2019).’’ 1. The acute noncancer risks based on whether there are any cost-effective For the Boat Manufacturing source actual emissions are not greater than a controls or other measures that would category, the risk analysis indicates that hazard quotient (HQ) of 1 for styrene. reduce emissions further and would be the cancer risks to the individual most Therefore, we find there is little necessary to provide an ample margin of exposed is 0.2-in-1 million based on potential concern of acute noncancer safety to protect public health. actual emissions and is 0.3-in-1 million health impacts from actual emissions. In Our risk analysis indicated the risks based on allowable emissions. These addition, the risk assessment indicates from the Boat Manufacturing source risks are considerably less than 100-in- no significant potential for category are low for both cancer and 1 million (or 1-in-10 thousand), which multipathway health effects or noncancer health effects, and, therefore, is the presumptive upper limit of ecological effects. For all the reasons any risk reductions from further acceptable risk. The Benzene NESHAP stated, the risk from the Boat available control options would result explained that ‘‘a MIR of approximately Manufacturing source category were in minimal health benefits. As noted in one in 10 thousand should ordinarily be found to be acceptable. section IV.C of the proposal preamble,
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15966 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
no additional control measures were b. Reinforced Plastic Composites review are presented briefly below in identified for reducing HAP emissions Production (40 CFR Part 63, subpart Table 3 of this preamble. Additional from the Boat Manufacturing source WWWW) Source Category detail is provided in the residual risk category (84 FR 22660, May 17, 2019). Pursuant to CAA section 112(f), the technical support document titled Thus, we proposed that the Boat EPA conducted a residual risk review Residual Risk Assessment for the Manufacturing NESHAP provides an and presented the results of this review, Reinforced Plastic Composites ample margin of safety to protect health along with our proposed decisions Production Source Category in Support and we are not making any changes to regarding risk acceptability and ample of the 2018 Risk and Technology Review the existing standards under CAA margin of safety, in section IV.F of the Proposed Rule, which is available in the section 112(f)(2). proposed rule preamble (84 FR 22664, Boat Manufacturing Docket (Docket ID May 17, 2019). The results of this No. EPA–HQ–OAR–2016–0449).
TABLE 3—INHALATION RISK ASSESSMENT SUMMARY FOR THE REINFORCED PLASTIC COMPOSITES PRODUCTION SOURCE CATEGORY
Cancer MIR Max chronic (in 1 million) Cancer inci- Population Population noncancer dence with risk with risk hazard index Based on Based on (cases per of 1-in-1 of 10-in-1 (HI) actual allowable year) million or million or (actuals and emissions emissions greater greater allowables)
Source Category .... 4 (formaldehyde, ethyl 4 (formaldehyde, ethyl 0.001 1,500 0 HI = 1. benzene). benzene). Whole Facility ...... 20 ...... 0.001 4,500 800 HI = 1. (cadmium,7-12- dimethylbenz [a]anthracene, nickel, formaldehyde).
The EPA proposed that the risks from maximum off-site concentration for this MACT rule review to determine the Reinforced Plastic Composites HAP was also compared to EPA’s Acute whether there are any cost-effective Production source category were Exposure Guideline Levels (AEGL–1) controls or other measures that would acceptable based on the health risk and Emergency Response Planning reduce emissions further and would be information and factors discussed in Guideline (ERPG–1) levels and, in all necessary to provide an ample margin of section IV.G of the proposal for this cases, the HQ was less than 1, below the safety to protect public health. rulemaking (84 FR 22666, May 17, level at which mild, reversible effects 2019). As explained in section II.A of would be anticipated. This information, Our risk analysis indicated the risks the proposal preamble, the EPA sets in addition to the conservative (health from the Reinforced Plastic Composites standards under CAA section 112(f)(2) protective) assumptions built into the Production source category are low for using ‘‘a two-step standard-setting screening assessment, leads us to both cancer and noncancer health approach, with an analytical first step to conclude that adverse effects from acute effects, and, therefore, any risk determine an ‘acceptable risk’ that exposure to emissions of this HAP from reductions from further available considers all health information, this category are not anticipated. In control options would result in minimal including risk estimation uncertainty, addition, the risk assessment indicates health benefits. As noted in section IV.H and includes a presumptive limit on no significant potential for of the proposal preamble, no additional MIR of approximately 1-in-10 thousand multipathway health effects or control measures were identified for (84 FR 22644, May 17, 2019).’’ ecological effects. Considering all the reducing HAP emissions from sources For the Reinforced Plastic Composites health risk information and factors in the Reinforced Plastic Composites Production source category, the risk discussed above, we proposed that the Production source category (84 FR analysis indicates that the cancer risks risks from the Reinforced Plastic 22667, May 17, 2019). Thus, we to the individual most exposed is 4-in- Composites Production source category proposed that the Reinforced Plastic 1 million based on actual emissions and are acceptable. Composites Production NESHAP is 4-in-1 million based on allowable Under the ample margin of safety provides an ample margin of safety to emissions. These risks are considerably analysis, we evaluated the cost and protect health and we are not making less than 100-in-1 million (or 1-in-10 feasibility of available control any changes to the existing standards thousand), which is the presumptive technologies and other measures under CAA section 112(f)(2). upper limit of acceptable risk. The risk (including the controls, measures, and analysis also shows very low cancer costs reviewed under the technology 2. How did the risk review change for incidence (0.001 cases per year for review) that could be applied in this these source categories? actual emissions and 0.001 cases per source category to further reduce the year for allowable emissions). We did risks (or potential risks) due to The EPA has not changed any aspect not identify potential for adverse emissions of HAP, considering all of the of the risk assessment for either of these chronic noncancer health effects; the health risks and other health two source categories as a result of TOSHIs were equal to 1. The results of information considered in the risk public comments received on the May the acute screening analysis estimate a acceptability determination described 2019 proposal. maximum acute noncancer HQ of 3 above. In this analysis, we considered based on the acute recommended the results of the technology review, risk exposure limit for styrene. The assessment, and other aspects of our
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15967
3. What key comments did we receive Since proposal, neither the risk 3. What key comments did we receive on the risk review, and what are our assessment nor our determinations on the technology review, and what are responses? regarding risk acceptability, ample our responses? margin of safety, or adverse The EPA received comments in The EPA received one comment on environmental effects have changed. For the proposed technology review for the support of and against the proposed the reasons explained in the proposed residual risk review and our Boat Manufacturing source category. rule, we determine that the risks from determination that no revisions were This commenter supported our the Boat Manufacturing and Reinforced warranted under CAA section 112(f)(2) proposed determination that no Plastic Composites Production source for either source category. Generally, the revisions were warranted under CAA comments that did not support the categories are acceptable, and that the section 112(d)(6) for the Boat proposed determinations that the risks current standards provide an ample Manufacturing source category. No are acceptable and that the existing margin of safety to protect public health comments were received on the technology review for the Reinforced standards provide an ample margin of and prevent an adverse environmental Plastic Composites source category. safety also asserted that changes to the effect. Therefore, we are not revising underlying risk assessment either subpart to require additional 4. What is the rationale for our final methodology were needed. For example, controls pursuant to CAA section approach for the technology review? one commenter stated that the EPA 112(f)(2) based on the residual risk review, and we are readopting the As we received no adverse comments should lower the acceptability on our proposed technology reviews or existing standards under CAA section benchmark and not assume that risks the proposed determinations based on 112(f)(2). below 100-in-1 million are inherently those reviews, we are finalizing the acceptable, include emissions from B. Technology Reviews for the Boat reviews as proposed and making no outside of the source categories in Manufacturing and Reinforced Plastic changes to the standards pursuant to question in the risk assessment, and Composites Production Source CAA section 112(d)(6). The rationale for assume that pollutants with noncancer Categories and results of our technology reviews health risks have no safe level of are explained in the preamble to the exposure. Generally, the comments that 1. What did we propose pursuant to proposed rules (84 FR 22660 and 22667, were supportive of the proposed CAA section 112(d)(6)? May 17, 2019). determinations of the residual risk review agreed with our underlying risk Based on our review, the EPA did not C. SSM Provisions assessment methodology and data identify any developments in practices, 1. What did we propose for SSM? inputs and asked for the rule to be processes, or control technologies for finalized as soon as possible to provide the Boat Manufacturing and Reinforced In the May 17, 2019, action, the EPA regulatory certainty. After review of all Plastic Composites Production source proposed amendments to the Boat the comments received, we decided not categories, and, therefore, we did not Manufacturing NESHAP and the to make any changes to the residual risk propose any changes to the standards Reinforced Plastic Composites Production NESHAP to remove and review. The comments and our specific under CAA section 112(d)(6). Brief revise provisions related to SSM that are responses can be found in the summaries of the EPA’s findings in not consistent with the requirement that document, Summary of Public conducting the technology review of Comments and Responses on Proposed the standards apply at all times. More Boat Manufacturing and Reinforced information concerning the proposed Rule (84 FR 22642, May 17, 2019), Plastic Composites Production source available in the dockets for these actions amendments for the elimination of SSM categories were included in the exemption provisions is in the preamble (Docket ID Nos. EPA–HQ–OAR–2016– preamble to the proposed rule (84 FR 0447 and EPA–HQ–OAR–2016–0449). to the proposed rules (84 FR 22660 and 22642, 22660, 22667, May 17, 2019), 22668, May 17, 2019). 4. What is the rationale for our final and detailed discussions of the EPA’s approach and final decisions for the risk technology review and findings were 2. What changed since proposal? review? included in the memorandum, The EPA is finalizing the SSM Technology Review for Boat provisions as proposed with no changes As noted in our proposal, the EPA Manufacturing and Reinforced Plastic (84 FR 22660 and 22668, May 17, 2019). sets standards under CAA section Composites Production Source 112(f)(2) using ‘‘a two-step standard- 3. What key comments did we receive Category, June 1, 2018, which can be setting approach, with an analytical first on the SSM provisions and what are our found in the dockets for both source step to determine an ‘acceptable risk’ responses? categories (Docket ID Nos. EPA–OAR– that considers all health information, HQ–2016–0447 and EPA–HQ–OAR– We received several comments in including risk estimation uncertainty, support of the proposed SSM 2016–0449). and includes a presumptive limit on the amendments for the Boat Manufacturing MIR of approximately 1-in-10 thousand 2. How did the technology reviews and Reinforced Plastic Composites (see 54 FR 38045, September 14, 1989).’’ change? source categories. One commenter also We weigh all health risk factors in our stated that the proposed amendments risk acceptability determination, The EPA is making no changes to the will have no impact on the Boat including the cancer MIR, cancer conclusions of the technology review Manufacturing industry. incidence, the maximum chronic and is finalizing the results of the noncancer TOSHI, the maximum acute technology reviews for the Boat 4. What is the rationale for our final approach for the SSM provisions? noncancer HQ, the extent of noncancer Manufacturing and Reinforced Plastic risks, the distribution of cancer and Composites Production source For the reasons explained in the noncancer risks in the exposed categories as proposed. proposed rule and after evaluation of population, and the risk estimation the comments on the proposed uncertainties. amendments to the SSM provisions for
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15968 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
the Boat Manufacturing NESHAP and requirements will reduce ‘‘regulatory argued that EPA was obligated to the Reinforced Plastic Composites burden imposed on this sector by include a training program, while other Production NESHAP, we are finalizing helping to minimize waste of resources commenters objected to the inclusion of the proposed revisions related to SSM and streamline operations.’’ such a program. One commenter argued that are inconsistent with the 4. What is the rationale for our final that EPA must adopt controlled spray requirement that the standards apply at approach for the electronic reporting training as a technological development all times. More information concerning provisions? based on the statutory requirements of the proposed amendments to the SSM For the reasons explained in the CAA section 112(d)(6). A commenter provisions is in the preamble for each of proposed rule and after evaluation of also argued that the program must be the proposed rules (84 FR 22660 and the comments on the proposed included in the final rule as a measure 22668, May 17, 2019). amendments, the EPA is requiring for reducing emissions and therefore owners and operators of facilities reducing health risk to satisfy the D. Electronic Reporting Provisions subject to the Boat Manufacturing ‘ample margin of safety’ requirements 1. What did we propose? NESHAP and the Reinforced Plastic under CAA section 112(f)(2). Other commenters objected to the inclusion of In the May 17, 2019, action, we Composites Production NESHAP to submit electronic copies of performance the controlled spray-training program, proposed that owners and operators of arguing that it would achieve no facilities subject to the Boat test and performance evaluation results and semiannual reports through the additional environmental benefit and Manufacturing NESHAP and the would impose unwarranted regulatory Reinforced Plastic Composites NESHAP EPA’s CDX, using CEDRI. The rationale for the proposed amendments to the burden. Some commenters also asserted submit electronic copies of performance that requirements to weigh overspray of test and performance evaluation results electronic reporting provisions is in the preamble to the proposed rule (84 FR resins and gel coats does not provide and semiannual reports through the any additional environmental benefit EPA’s CDX, using the CEDRI Interface. 22662 and 22669, May 17, 2019). This rationale also supports our and is overly burdensome. A description of the electronic Response: The EPA has decided not to submission process is provided in the determination to finalize these requirements as proposed. add a work practice for controlled spray memorandum, Electronic Reporting operator training to either the Boat Requirements for New Source E. Work Practice Standards for Manufacturing NESHAP and/or the Performance Standards (NSPS) and Controlled-Spray Training Reinforced Plastic Composites National Emission Standards for Production NESHAP. The EPA Hazardous Air Pollutants (NESHAP), 1. What did we propose for a controlled- spray operator training program? acknowledges that a controlled-spray August 8, 2018, in the dockets for Boat training could be considered a potential Manufacturing (Docket ID No. EPA– The EPA requested comment on the development in practices. Even if the OAR–HQ–2016–0447) and Reinforced potential costs and benefits of revising agency were to conclude it is a Plastic Composites (Docket ID No. EPA– the Boat Manufacturing NESHAP and/or development, however, no changes to HQ–OAR–2016–0449). The proposed the Reinforced Plastic Composites these NESHAP would be warranted. We rule requirement would replace the Production NESHAP to include a do not have enough information at this current rule requirement to submit these controlled-spray training program for time to conclude that a controlled-spray notifications and reports to the operations where styrene-containing program implemented for boat Administrator at the appropriate resins and gel coats are sprayed onto an manufacturing and reinforced plastic address listed in 40 CFR 63.13. The open mold. We specifically asked for composites production facilities would proposed rule requirement would not feedback on whether this practice is result in environmental benefits and we affect submittals required by state air widely used in industry, whether cannot quantify the burden on affected agencies. The proposed compliance significant HAP reductions can be facilities. The EPA did not receive any schedule language in 40 CFR 63.5765(c) achieved industry-wide and whether additional information regarding and 63.5912(c) for submission of HAP reductions could be applicable to potential environmental benefits or semiannual compliance reports gives all open mold production operations. A costs associated with such a program for facilities 181 days after the final rule is more detailed description of the these source categories during the published to begin electronic reporting potential revisions and amendatory rule comment period. For these reasons, the or 1 year after the 40 CFR part 63, text were provided in the dockets for EPA has concluded, based on the subparts VVVV and WWWW, both rulemakings (Docket ID Item Nos. available information, that even if the semiannual compliance report template EPA–OAR–HQ–2016–0447–0079 and spray operator training program were for both source categories is available in EPA–OAR–HQ–2016–0049–0044). found to be a development, changes to CEDRI, whichever is later. the standards would not be required 2. What changed since proposal? under CAA section 112(d)(6). 2. What changed since proposal? For reasons described below, the EPA Under the ample margin of safety The EPA is finalizing the electronic has decided not to add provisions analysis, the EPA analyzes whether reporting provisions as proposed with requiring a controlled-spray operator there are any cost-effective controls or no changes (84 FR 22662 and 22669, training program for styrene-containing other measures that would reduce May 17, 2019). resins and gel coats sprayed onto an emissions further and would be open mold. necessary to provide an ample margin of 3. What key comments did we receive safety to protect public health. The EPA on the electronic reporting provisions 3. What key comments did we receive is not able, based on the information and what are our responses? on the work practice standards and currently available to it, to conclude The EPA received several comments what are our responses? that the controlled-spray operator that were generally supportive of the Comment: The EPA received mixed training program would be cost effective proposed electronic reporting comments on the inclusion of a work for either source category or that it requirements. One commenter stated practice standard for controlled-spray would have any environmental benefit. that the proposed electronic reporting operator training. Some commenters As such, the EPA has concluded, based
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15969
on the available information on the cost reconstructed manufacturing facilities defined by the U.S. Small Business and feasibility of the program and in either of the source categories. Administration. As result of our small considering all of the health risks and business screening, we have identified B. What are the air quality impacts? other health information considered in 73 out of the 93 facilities in the Boat the risk acceptability determination, All major sources in the two source Manufacturing NESHAP as small that the program is not needed to categories would be required to comply entities, while 309 out of the 448 provide an ample margin of safety. with the relevant emission standards at facilities in the Reinforced Plastic all times without the SSM exemption. Composites Production NESHAP are 4. What is the rationale for our final We were unable to quantify the specific small entities. For both industries, the decision with regard to the work emissions reductions associated with costs associated with becoming familiar practice standards? eliminating the SSM exemption. with the proposed rule requirements However, eliminating the SSM The EPA could not determine that and to become familiar with the exemption has the potential to reduce requiring a work practice standard for electronic reporting requirements are emissions by requiring facilities to meet controlled-spray operator training in the less than 1 percent of their annual sales the applicable standard during SSM NESHAP for the Boat Manufacturing revenues. Therefore, there are no periods. and Reinforced Plastic Composites significant economic impacts on a Production source categories would C. What are the cost impacts? substantial number of small entities from these proposed amendments. provide an environmental benefit, and, The one-time cost associated with therefore, could not determine if such reviewing the revised rules and E. What are the benefits? programs would be cost effective. The becoming familiar with the electronic The EPA does not anticipate EPA did not receive any information reporting requirements is estimated to reductions in HAP emissions as a result regarding the potential costs of revising be $446,448 (2016$); the one-time cost of the proposed amendments to the Boat the Boat Manufacturing NESHAP and/or is composed of $75,629 for the Boat Manufacturing NESHAP or the the Reinforced Plastic Composites Manufacturing source category (93 Reinforced Plastic Composites Production NESHAP to include facilities), and $370,819 for the Production NESHAP. Because these controlled-spray training as a work Reinforced Plastic Composites proposed amendments are not practice standard during the comment Production source category (448 considered economically significant, as period for both regulatory actions. Given facilities). The total cost per facility in defined by Executive Order 12866, and this uncertainty for program costs and the Boat Manufacturing source category because no emission reductions were benefits, we have also determined that is estimated to be $399 per facility to estimated, we did not estimate any the controlled-spray operator training review the final rule requirements and health benefits from reducing emissions. program is not needed to provide an $414 per facility to become familiar F. What analysis of environmental ample margin of safety. with the electronic reporting justice did we conduct? For these reasons, the EPA has requirements. The total cost per facility decided not to add work practice in the Reinforced Plastic Composites The EPA performed a demographic standards for controlled-spray operator Production source category is estimated analysis for each source category, which training to either the Boat to be $414 per facility to review the final is an assessment of risks to individual Manufacturing NESHAP and/or the rule requirements and $414 per facility demographic groups, of the population Reinforced Plastic Composites to become familiar with the electronic close to the facilities (within 50 Production NESHAP. reporting requirements. All other costs kilometers (km) and within 5 km). In associated with notifications, reporting, our analysis, we evaluated the V. Summary of Cost, Environmental, and recordkeeping are assumed to be distribution of HAP-related cancer risks and Economic Impacts and Additional unchanged because the facilities in each and noncancer hazards from the Boat Analyses Conducted source category are currently required to Manufacturing source category and the A. What are the affected facilities? comply with notification, reporting, and Reinforced Plastic Composites recordkeeping requirements, and will Production source category across The EPA estimates that there are 93 continue to be required to comply with different social, demographic, and boat manufacturing facilities that are those requirements. The number of economic groups within the populations subject to the Boat Manufacturing personnel-hours required to develop the living near operations identified as NESHAP affected by the proposed materials in support of reports required having the highest risks. amendments to 40 CFR part 63, subpart by the NESHAP remain unchanged. Results of the demographic analysis VVVV, and 448 reinforced plastic performed for the Boat Manufacturing composites production facilities subject D. What are the economic impacts? source category indicate that, for seven to the Reinforced Plastic Composites The cost per facility for all of the of the 11 demographic groups, Hispanic Production NESHAP, affected by the facilities in both source categories to or Latino, minority, people living below proposed amendments to 40 CFR part review the proposed rule requirements the poverty level, linguistically isolated 63, subpart WWWW. The basis of our and to become familiar with the people, adults without a high school estimates of affected facilities are electronic reporting requirements are diploma, adults 65 years of age or older, provided in the memorandum, less than 1 percent of annual sales and African Americans that reside Emissions Data for the National revenues. These costs are not expected within 5 km of facilities in the source Emission Standards for Hazardous Air to result in a significant market impact, category is greater than the Pollutants for Boat Manufacturing and regardless of whether they are passed on corresponding national percentage for the National Emission Standards for to the purchaser or absorbed by the the same demographic groups. When Hazardous Air Pollutants for Reinforced firms. examining the risk levels of those Plastic Composites Production, which is In addition, the EPA prepared a small exposed to emissions from boat available in the respective dockets for business screening assessment to manufacturing facilities, we find that no this action. We are not currently aware determine whether any of the identified one is exposed to a cancer risk at or of any planned or potential new or affected entities are small entities, as above 1-in-1 million or to a chronic
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15970 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
noncancer TOSHI greater than 1, and A. Executive Orders 12866: Regulatory of periodic performance tests, and that risks are acceptable for all Planning and Review and Executive semiannual compliance reports. populations. Order 13563: Improving Regulation and Total estimated burden: The annual The results of the Reinforced Plastic Regulatory Review recordkeeping and reporting burden for Composites Production source category This action is not a significant responding facilities to comply with all demographic analysis indicate that regulatory action and was, therefore, not the requirements in the NESHAP, populations residing within 50 km of submitted to the Office of Management averaged over the 3 years of this ICR, is facilities in the source category for three and Budget (OMB) for review. estimated to be 7,914 hours (per year). Burden is defined at 5 CFR 1320.3(b). of the 11 demographic groups; minority B. Executive Order 13771: Reducing populations, people living below the Regulations and Controlling Regulatory Total estimated cost: The annual poverty level, ages 0 to 17, and adults Costs recordkeeping and reporting cost for responding facilities to comply with all without a high school diploma is greater This action is not an Executive Order the requirements in the NESHAP, than the corresponding national 13771 regulatory action because this averaged over the 3 years of this ICR, is percentage for the same demographic action is not significant under Executive estimated to be $816,500 (rounded, per groups. However, emissions from the Order 12866. source category expose approximately year). There are no estimated capital 1,600 people to a cancer risk at or above C. Paperwork Reduction Act (PRA) and operation and maintenance (O&M) 1-in-1 million, but no cancer risk greater The information collection activities costs. than 4-in-1 million (Docket ID Item No. in this rule have been submitted for 2. Reinforced Plastic Composites EPA–HQ–OAR–2016–0449–0228). approval to OMB under the PRA. The Production When examining the demographics for Information Collection Request (ICR) those exposed to cancer risks greater documents that the EPA prepared has We are finalizing changes to the than 1-in-1 million from reinforced been assigned EPA ICR number 1966.09 recordkeeping and reporting plastic composites production facilities, for the Boat Manufacturing source requirements associated with 40 CFR we find that four of the 10 demographic category and 1976.09 for the Reinforced part 63, subpart WWWW, in the form of groups; African American, ages 0 to 17, Plastic Composites Production source eliminating the SSM plan and reporting over 25 without a high school diploma, category. You can find a copy of these requirements; including reporting and people below the poverty level are ICR documents in the dockets for these requirements for deviations in the exposed to a cancer risk at or above 1- rules, and they are briefly summarized semiannual report; and including the in-1 million. For chronic noncancer here. The information collection requirement for electronic submittal of risks, no one is exposed to a chronic requirements are not enforceable until reports. In addition, the number of noncancer TOSHI greater than 1. A OMB approves them. A brief summary facilities subject to the standards review of all risks from this source of the information collection changed since the original ICR was category is considered acceptable for all requirements for Boat Manufacturing finalized. populations. and the Reinforced Plastic Composites Respondents/affected entities: The Production categories is provided in respondents to the recordkeeping and G. What analysis of children’s sections VI.C.1 and VI.C.2 of this reporting requirements are owners or environmental health did we conduct? preamble. operators of reinforced plastic composites production facilities subject The EPA does not believe the 1. Boat Manufacturing to 40 CFR part 63, subpart WWWW. environmental health or safety risks We are finalizing changes to the addressed by this action present a recordkeeping and reporting Respondent’s obligation to respond: disproportionate risk to children. This requirements associated with 40 CFR Mandatory (40 CFR part 63, subpart action’s health and risk assessments are part 63, subpart VVVV, in the form of WWWW). contained in sections IIIA. and IV.A and eliminating the SSM plan and reporting Estimated number of respondents: B of the proposal for this rule (84 FR requirements; including reporting 448 facilities. 22684 through 22660, May 17, 2019) requirements for deviations in the Frequency of response: The frequency and are further documented in the semiannual report; and including the of responses varies depending on the Residual Risk Assessment for the Boat requirement for electronic submittal of burden item. Responses include one- Manufacturing Source Category in reports. In addition, the number of time review of rule amendments, reports Support of the 2018 Risk and facilities subject to the standards of periodic performance tests, and Technology Review Proposed Rule, and changed since the original ICR was semiannual compliance reports. the Residual Risk Assessment for the finalized. Total estimated burden: The annual Respondents/affected entities: The Surface Coating of Reinforced Plastic recordkeeping and reporting burden for respondents to the recordkeeping and Composites Production Source Category responding facilities to comply with all reporting requirements are owners or in Support of the 2018 Risk and of the requirements in the NESHAP, operators of boat manufacturing Technology Review Proposed Rule averaged over the 3 years of this ICR, is facilities subject to 40 CFR part 63, (Docket ID Item No. EPA–HQ–OAR– estimated to be 38,125 hours (per year). 2016–0447–0035 and Docket ID Item subpart VVVV. Respondent’s obligation to respond: Burden is defined at 5 CFR 1320.3(b). No. EPA–HQ–OAR–2016–0449–0014). Mandatory (40 CFR part 63, subpart Total estimated cost: The annual VI. Statutory and Executive Order VVVV). recordkeeping and reporting cost for Reviews Estimated number of respondents: 93 responding facilities to comply with all facilities. of the requirements in the NESHAP, Additional information about these Frequency of response: The frequency averaged over the 3 years of this ICR, is statutes and Executive orders can be of responses varies depending on the estimated to be $3,933,400 (rounded, found at https://www.epa.gov/laws- burden item. Responses include one- per year). There are no estimated capital regulations/laws-and-executive-orders. time review of rule amendments, reports and O&M costs.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15971
D. Regulatory Flexibility Act (RFA) I. Executive Order 13211: Actions Subpart VVVV—National Emission I certify that this action will not have Concerning Regulations That Standards for Hazardous Air Pollutants a significant economic impact on a Significantly Affect Energy Supply, for Boat Manufacturing Distribution, or Use substantial number of small entities § 63.5764 [Amended] under the RFA. The small entities This action is not subject to Executive subject to the requirements of this ■ 2. Section 63.5764 is amended by Order 13211, because it is not a removing paragraph (e). action include small businesses engaged significant regulatory action under ■ 3. Section 63.5765 is added to read as in either the Boat Manufacturing or Executive Order 12866. Reinforced Plastic Composites follows: J. National Technology Transfer and Production source categories. The § 63.5765 How do I submit my reports? Agency has determined that 73 boat Advancement Act (NTTAA) manufacturing facilities and 309 (a) Within 60 days after the date of This rulemaking does not involve reinforced plastic composites completing each performance test technical standards. production facilities are small entities, required by this subpart, you must and that these small entities may K. Executive Order 12898: Federal submit the results of the performance test following the procedures specified experience an impact of less than 1 Actions To Address Environmental in paragraphs (a)(1) through (3) of this percent of annual sales. Additional Justice in Minority Populations and discussion of the cost impacts can be section. Low-Income Populations (1) Data collected using test methods found in section V.D of this preamble. The EPA has determined that this supported by the EPA’s Electronic E. Unfunded Mandates Reform Act action does not have disproportionately Reporting Tool (ERT) as listed on the (UMRA) high and adverse human health or EPA’s ERT website (https:// This action does not contain an environmental effects on minority www.epa.gov/electronic-reporting-air- unfunded mandate of $100 million or populations, low-income populations, emissions/electronic-reporting-tool-ert) more as described in UMRA, 2 U.S.C. and/or indigenous peoples, as specified at the time of the test. Submit the results 1531–1538, and does not significantly or in Executive Order 12898 (59 FR 7629, of the performance test to the EPA via uniquely affect small governments. The February 16, 1994). The documentation the Compliance and Emissions Data action imposes no enforceable duty on for this decision is contained in sections Reporting Interface (CEDRI), which can any state, local, or tribal governments or IV.A, IV.B, IV.F, and IV.G of the be accessed through the EPA’s Central the private sector. proposal preamble (84 FR 22658 Data Exchange (CDX) (https:// through 22667, May 17, 2019). For both cdx.epa.gov/). The data must be F. Executive Order 13132: Federalism source categories, the risks were found submitted in a file format generated This action does not have federalism to be acceptable for all populations, through the use of the EPA’s ERT. implications. It will not have substantial including minority pollutions, low- Alternatively, you may submit an direct effects on the states, on the income populations, and/or indigenous electronic file consistent with the relationship between the National people. extensible markup language (XML) Government and the states, or on the schema listed on the EPA’s ERT distribution of power and L. Congressional Review Act (CRA) website. (2) Data collected using test methods responsibilities among the various This action is subject to the CRA, and that are not supported by the EPA’s ERT levels of government. the EPA will submit a rule report to as listed on the EPA’s ERT website at G. Executive Order 13175: Consultation each House of the Congress and to the the time of the test. The results of the and Coordination With Indian Tribal Comptroller General of the United performance test must be included as an Governments States. This action is not a ‘‘major rule’’ attachment in the ERT or an alternate as defined by 5 U.S.C. 804(2). This action does not have tribal electronic file consistent with the XML implications as specified in Executive List of Subjects in 40 CFR Part 63 schema listed on the EPA’s ERT Order 13175. No tribal facilities are website. Submit the ERT generated known to be engaged in the Boat Environmental protection, package or alternative file to the EPA via Manufacturing or Reinforced Plastic Administrative practice and procedures, CEDRI. Composites Production source Air pollution control, Hazardous (3) Confidential business information categories and would not be affected by substances, Intergovernmental relations, (CBI). If you claim some of the this action. Thus, Executive Order Reporting and recordkeeping information submitted under paragraph 13175 does not apply to this action. requirements. (a)(1) of this section is CBI, you must Dated: February 25, 2020. submit a complete file, including H. Executive Order 13045: Protection of Andrew R. Wheeler, information claimed to be CBI, to the Children From Environmental Health Administrator. EPA. The file must be generated through Risks and Safety Risks the use of the EPA’s ERT or an alternate This action is not subject to Executive For the reasons set forth in the electronic file consistent with the XML Order 13045 because it is not preamble, 40 CFR part 63 is amended as schema listed on the EPA’s ERT economically significant as defined in follows: website. Submit the file on a compact Executive Order 12866, and because the disc, flash drive, or other commonly EPA does not believe the environmental PART 63—NATIONAL EMISSION used electronic storage medium and health or safety risks addressed by this STANDARDS FOR HAZARDOUS AIR clearly mark the medium as CBI. Mail action present a disproportionate risk to POLLUTANTS FOR SOURCE the electronic medium to U.S. EPA/ children. This action’s health and risk CATEGORIES OAQPS/CORE CBI Office, Attention: assessments are contained in sections Group Leader, Measurement Policy III.A and IV.A and B of the proposal for ■ 1. The authority citation for part 63 Group, MD C404–02, 4930 Old Page Rd., this rule (84 FR 22684 through 22660, continues to read as follows: Durham, NC 27703. The same file with May 17, 2019). Authority: 42 U.S.C. 7401 et seq. the CBI omitted must be submitted to
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15972 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
the EPA via the EPA’s CDX as described semiannual compliance reports of the (5) You must provide to the in paragraph (a)(1) of this section. information required in § 63.5764(c) and Administrator a written description (b) Within 60 days after the date of (d) beginning on March 20, 2020, or identifying: completing each continuous monitoring upon startup, whichever is later. (i) The date(s) and time(s) when CDX system (CMS) performance evaluation (d) If you are required to submit or CEDRI was accessed and the system as defined in § 63.2, you must submit reports following the procedure was unavailable; the results of the performance specified in this paragraph (d), (ii) A rationale for attributing the evaluation following the procedures beginning on September 16, 2020, you delay in reporting beyond the regulatory specified in paragraphs (b)(1) through must submit all subsequent reports to deadline to EPA system outage; (3) of this section. the EPA via CEDRI, which can be (iii) Measures taken or to be taken to (1) Performance evaluations of CMS accessed through the EPA’s CDX minimize the delay in reporting; and measuring relative accuracy test audit (https://cdx.epa.gov/). You must use the (iv) The date by which you propose to (RATA) pollutants that are supported by appropriate electronic report template report, or if you have already met the the EPA’s ERT as listed on the EPA’s on the CEDRI website (https:// reporting requirement at the time of the ERT website at the time of the www.epa.gov/electronic-reporting-air- notification, the date you reported. evaluation. Submit the results of the emissions/compliance-and-emissions- (6) The decision to accept the claim performance evaluation to the EPA via data-reporting-interface-cedri) for this of EPA system outage and allow an CEDRI, which can be accessed through subpart. The report must be submitted extension to the reporting deadline is the EPA’s CDX. The data must be by the deadline specified in this solely within the discretion of the submitted in a file format generated subpart, regardless of the method in Administrator. through the use of the EPA’s ERT. which the report is submitted. If you (7) In any circumstance, the report Alternatively, you may submit an claim some of the information required must be submitted electronically as electronic file consistent with the XML to be submitted via CEDRI is CBI, soon as possible after the outage is schema listed on the EPA’s ERT submit a complete report, including resolved. website. information claimed to be CBI, to the (2) Performance evaluations of CMS (f) If you are required to electronically EPA. The report must be generated measuring RATA pollutants that are not submit a report through CEDRI in the using the appropriate form on the supported by the EPA’s ERT as listed on EPA’s CDX, you may assert a claim of CEDRI website or an alternate electronic the EPA’s ERT website at the time of the force majeure for failure to timely file consistent with the XML schema evaluation. The results of the comply with the reporting requirement. listed on the CEDRI website. Submit the performance evaluation must be To assert a claim of force majeure, you included as an attachment in the ERT or file on a compact disc, flash drive, or must meet the requirements outlined in an alternate electronic file consistent other commonly used electronic storage paragraphs (f)(1) through (5) of this with the XML schema listed on the medium and clearly mark the medium section. EPA’s ERT website. Submit the ERT as CBI. Mail the electronic medium to (1) You may submit a claim if a force generated package or alternative file to U.S. EPA/OAQPS/CORE CBI Office, majeure event is about to occur, occurs, the EPA via CEDRI. Attention: Group Leader, Measurement or has occurred or there are lingering (3) Confidential business information. Policy Group, MD C404–02, 4930 Old effects from such an event within the If you claim some of the information Page Rd., Durham, NC 27703. The same period of time beginning five business submitted under paragraph (a)(1) of this file with the CBI omitted must be days prior to the date the submission is section is CBI, you must submit a submitted to the EPA via the EPA’s CDX due. For the purposes of this section, a complete file, including information as described earlier in this paragraph force majeure event is defined as an claimed to be CBI, to the EPA. The file (d). event that will be or has been caused by must be generated through the use of the (e) If you are required to electronically circumstances beyond the control of the EPA’s ERT or an alternate electronic file submit a report through CEDRI in the affected facility, its contractors, or any consistent with the XML schema listed EPA’s CDX, you may assert a claim of entity controlled by the affected facility on the EPA’s ERT website. Submit the EPA system outage for failure to timely that prevents you from complying with file on a compact disc, flash drive, or comply with the reporting requirement. the requirement to submit a report other commonly used electronic storage To assert a claim of EPA system outage, electronically within the time period medium and clearly mark the medium you must meet the requirements prescribed. Examples of such events are as CBI. Mail the electronic medium to outlined in paragraphs (e)(1) through (7) acts of nature (e.g., hurricanes, U.S. EPA/OAQPS/CORE CBI Office, of this section. earthquakes, or floods), acts of war or Attention: Group Leader, Measurement (1) You must have been or will be terrorism, or equipment failure or safety Policy Group, MD C404–02, 4930 Old precluded from accessing CEDRI and hazard beyond the control of the Page Rd., Durham, NC 27703. The same submitting a required report within the affected facility (e.g., large scale power file with the CBI omitted must be time prescribed due to an outage of outages). submitted to the EPA via the EPA’s CDX either the EPA’s CEDRI or CDX systems. (2) You must submit notification to as described in paragraph (a)(1) of this (2) The outage must have occurred the Administrator in writing as soon as section. within the period of time beginning 5 possible following the date you first (c) For sources that commence business days prior to the date that the knew, or through due diligence should construction or reconstruction before or submission is due. have known, that the event may cause on May 17, 2019, you must submit to (3) The outage may be planned or or has caused a delay in reporting. the Administrator semiannual unplanned. (3) You must provide to the compliance reports of the information (4) You must submit notification to Administrator: required in § 63.5764(c) and (d) the Administrator in writing as soon as (i) A written description of the force beginning on September 16, 2020. For possible following the date you first majeure event; sources that commence construction or knew, or through due diligence should (ii) A rationale for attributing the reconstruction after May 17, 2019, you have known, that the event may cause delay in reporting beyond the regulatory must submit to the Administrator or has caused a delay in reporting. deadline to the force majeure event;
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15973
(iii) A description of measures taken (e) Any records required to be (1) Fails to meet any requirement or or to be taken to minimize the delay in maintained by this part that are obligation established by this subpart, reporting; and submitted electronically via the EPA’s including, but not limited to, any (iv) The date by which you propose to CEDRI may be maintained in electronic emission limit, operating limit, or work report, or if you have already met the format. This ability to maintain practice standard; or reporting requirement at the time of the electronic copies does not affect the (2) Fails to meet any term or condition notification, the date you reported. requirement for facilities to make (4) The decision to accept the claim that is adopted to implement an records, data, and reports available applicable requirement in this subpart of force majeure and allow an extension upon request to a delegated air agency and that is included in the operating to the reporting deadline is solely or the EPA as part of an on-site permit for any affected source required within the discretion of the compliance evaluation. to obtain such a permit; or Administrator. ■ 6. Section 63.5779 is amended by: (5) In any circumstance, the reporting ■ a. Removing the definition for (3) Fails to meet any emission limit, must occur as soon as possible after the ‘‘Deviation’’; and or operating limit, or work practice force majeure event occurs. ■ b. Adding definitions for ‘‘Deviation standard in this subpart during startup, ■ 4. Section 63.5767 is amended by after’’, ‘‘Deviation before’’, ‘‘Shutdown’’, shutdown, or malfunction, regardless of revising paragraph (d) to read as and ‘‘Startup’’ in alphabetical order. whether or not such failure is permitted follows: The additions read as follows: by this subpart. § 63.5767 What records must I keep? § 63.5779 What definitions apply to this * * * * * * * * * * subpart? Shutdown after September 16, 2020, (d) If your facility has an add-on * * * * * means the cessation of operation of the control device, you must keep the Deviation after September 16, 2020, add-on control devices. records of any failures to meet the means any instance in which an affected * * * * * applicable standards, including the source subject to this subpart, or an date, time, and duration of the failure; owner or operator of such a source: Startup after September 17, 2020, a list of the affected add-on control (1) Fails to meet any requirement or means the setting in operation of the device and actions taken to minimize obligation established by this subpart, add-on control devices. emissions, an estimate of the quantity of including, but not limited to, any * * * * * emission limit, operating limit, or work each regulated pollutant emitted over ■ 7. Table 8 to subpart VVVV of part 63 practice standard; or any emission limit, and a description of is revised to read as follows: the method used to estimate the (2) Fails to meet any term or condition emissions; control device performance that is adopted to implement an Table 8 to Subpart VVVV of Part 63— tests; and continuous monitoring system applicable requirement in this subpart Applicability of General Provisions (40 performance evaluations. and that is included in the operating CFR part 63, subpart A) to Subpart ■ 5. Section 63.5770 is amended by permit for any affected source required VVVV adding paragraph (e) to read as follows: to obtain such a permit. Deviation before September 17, 2020 As specified in § 63.5773, you must § 63.5770 In what form and for how long means any instance in which an affected comply with the applicable must I keep my records? source subject to this subpart, or an requirements of the General Provisions * * * * * owner or operator of such a source: according to the following table:
Applies to Citation Requirement subpart VVVV Explanation
§ 63.1(a) ...... General Applicability ...... Yes § 63.1(b) ...... Initial Applicability Determination ...... Yes § 63.1(c)(1) ...... Applicability After Standard Established ...... Yes § 63.1(c)(2) ...... Yes ...... Area sources are not regulated by subpart VVVV. § 63.1(c)(3) ...... No ...... [Reserved]. § 63.1(c)(4)–(5) ...... Yes § 63.1(d) ...... No ...... [Reserved]. § 63.1(e) ...... Applicability of Permit Program ...... Yes § 63.2 ...... Definitions ...... Yes ...... Additional definitions are found in § 63.5779. § 63.3 ...... Units and Abbreviations ...... Yes § 63.4(a) ...... Prohibited Activities ...... Yes § 63.4(b)–(c) ...... Circumvention/Severability ...... Yes § 63.5(a) ...... Construction/Reconstruction ...... Yes § 63.5(b) ...... Requirements for Existing, Newly Constructed, Yes and Reconstructed Sources. § 63.5(c) ...... No ...... [Reserved]. § 63.5(d) ...... Application for Approval of Construction/Recon- Yes struction. § 63.5(e) ...... Approval of Construction/Reconstruction ...... Yes § 63.5(f) ...... Approval of Construction/Reconstruction Based Yes on prior State Review. § 63.6(a) ...... Compliance with Standards and Maintenance Yes Requirements—Applicability.
VerDate Sep<11>2014 18:25 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15974 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Applies to Citation Requirement subpart VVVV Explanation
§ 63.6(b) ...... Compliance Dates for New and Reconstructed Yes ...... § 63.695 specifies compliance dates, including Sources. the compliance date for new area sources that become major sources after the effec- tive date of the rule. § 63.6(c) ...... Compliance Dates for Existing Sources ...... Yes ...... § 63.5695 specifies compliance dates, including the compliance date for existing area sources that become major sources after the effective date of the rule. § 63.6(d) ...... No ...... [Reserved]. § 63.6(e)(1)–(2) ...... Operation and Maintenance Requirements ...... No ...... Operating requirements for open molding oper- ations with add-on controls are specified in § 63.5725. § 63.6(e)(3) ...... Startup, Shut Down, and Malfunction Plans ..... No ...... Only sources with add-on controls must com- plete startup, shutdown, and malfunction plans. § 63.6(f) ...... Compliance with Nonopacity Emission Stand- Yes ards. § 63.6(g) ...... Use of an Alternative Nonopacity Emission Yes Standard. § 63.6(h) ...... Compliance with Opacity/Visible Emissions No ...... Subpart VVVV does not specify opacity or visi- Standards. ble emission standards. § 63.6(i) ...... Extension of Compliance with Emission Stand- Yes ards. § 63.6(j) ...... Exemption from Compliance with Emission Yes Standards. § 63.7(a)(1) ...... Performance Test Requirements ...... Yes § 63.7(a)(2) ...... Dates for performance tests ...... No ...... § 63.5716 specifies performance test dates. § 63.7(a)(3) ...... Performance testing at other times ...... Yes § 63.7(b)–(h) ...... Other performance testing requirements ...... Yes § 63.8(a)(1)–(2) ...... Monitoring Requirements—Applicability ...... Yes ...... All of § 63.8 applies only to sources with add- on controls. Additional monitoring require- ments for sources with add-on controls are found in § 63.5725. § 63.8(a)(3) ...... No ...... [Reserved]. § 63.8(a)(4) ...... No ...... Subpart VVVV does not refer directly or indi- rectly to § 63.11. § 63.8(b)(1) ...... Conduct of Monitoring ...... Yes § 63.8(b)(2)–(3) ...... Multiple Effluents and Multiple CMS ...... Yes ...... Applies to sources that use a CMS on the con- trol device stack. § 63.8(c)(1)(i) and (iii) ...... CMS Operation and Maintenance ...... No ...... References to startup, shutdown, malfunction are not applicable. § 63.8(c)(1)–(4) ...... CMS Operation and Maintenance ...... Yes ...... Except those provisions in § 63.8(c)(1)(i) and (iii) as noted above. § 63.8(c)(5) ...... Continuous Opacity Monitoring Systems No ...... Subpart VVVV does not have opacity or visible (COMS). emission standards. § 63.8(c)(6)–(8) ...... CMS Calibration Checks and Out-of-Control Yes Periods. § 63.8(d) ...... Quality Control Program ...... Yes ...... Except those provisions of § 63.8(d)(3) regard- ing a startup, shutdown, malfunction plan as noted below § 63.8(d)(3) ...... Quality Control Program ...... No ...... No requirement for a startup, shutdown, mal- function plan. § 63.8(e) ...... CMS Performance Evaluation ...... Yes § 63.8(f)(1)–(5) ...... Use of an Alternative Monitoring Method ...... Yes § 63.8(f)(6) ...... Alternative to Relative Accuracy Test ...... Yes ...... Applies only to sources that use continuous emission monitoring systems (CEMS). § 63.8(g) ...... Data Reduction ...... Yes § 63.9(a) ...... Notification Requirements—Applicability ...... Yes § 63.9(b) ...... Initial Notifications ...... Yes § 63.9(c) ...... Request for Compliance Extension ...... Yes § 63.9(d) ...... Notification That a New Source Is Subject to Yes Special Compliance Requirements. § 63.9(e) ...... Notification of Performance Test ...... Yes ...... Applies only to sources with add-on controls. § 63.9(f) ...... Notification of Visible Emissions/Opacity Test .. No ...... Subpart VVVV does not have opacity or visible emission standards. § 63.9(g)(1) ...... Additional CMS Notifications—Date of CMS Yes ...... Applies only to sources with add-on controls. Performance Evaluation. § 63.9(g)(2) ...... Use of COMS Data ...... No ...... Subpart VVVV does not require the use of COMS. § 63.9(g)(3) ...... Alternative to Relative Accuracy Testing ...... Yes ...... Applies only to sources with CEMS. § 63.9(h) ...... Notification of Compliance Status ...... Yes § 63.9(i) ...... Adjustment of Deadlines ...... Yes § 63.9(j) ...... Change in Previous Information ...... Yes
VerDate Sep<11>2014 18:25 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15975
Applies to Citation Requirement subpart VVVV Explanation
§ 63.10(a) ...... Recordkeeping/Reporting—Applicability ...... Yes § 63.10(b)(1) ...... General Recordkeeping Requirements ...... Yes ...... §§ 63.567 and 63.5770 specify additional rec- ordkeeping requirements. § 63.10(b)(2)(i), (iii), (vi)– General Recordkeeping Requirements ...... Yes (xiv). § 63.10(b)(2)(ii), (iv), (v) ...... Recordkeeping Relevant to Startup, Shutdown, No and Malfunction Periods. § 63.10(b)(3) ...... Recordkeeping Requirements for Applicability Yes ...... § 63.5686 specifies applicability determinations Determinations. for non-major sources. § 63.10(c)(1)–(14) ...... Additional Recordkeeping for Sources with Yes ...... Applies only to sources with add-on controls. CMS. § 63.10(c)(15) ...... Additional Recordkeeping for Sources with No ...... No requirement for a startup, shutdown, mal- CMS. function plan. § 63.10(d)(1) ...... General Reporting Requirements ...... Yes ...... § 63.5764 specifies additional reporting require- ments. § 63.10(d)(2) ...... Performance Test Results ...... Yes ...... § 63.5764 specifies additional requirements for reporting performance test results. § 63.10(d)(3) ...... Opacity or Visible Emissions Observations ...... No ...... Subpart VVVV does not specify opacity or visi- ble emission standards. § 63.10(d)(4) ...... Progress Reports for Sources with Compliance Yes Extensions. § 63.10(d)(5) ...... Startup, Shutdown, and Malfunction Reports .... No ...... Applies only to sources with add-on controls. § 63.10(e)(1) ...... Additional CMS Reports—General ...... Yes ...... Applies only to sources with add-on controls. § 63.10(e)(2) ...... Reporting Results of CMS Performance Eval- Yes ...... Applies only to sources with add-on controls. uations. § 63.10(e)(3) ...... Excess Emissions/CMS Performance Reports Yes ...... Applies only to sources with add-on controls. § 63.10(e)(4) ...... COMS Data Reports ...... No ...... Subpart VVVV does not specify opacity or visi- ble emission standards. § 63.10(f) ...... Recordkeeping/Reporting Waiver ...... Yes § 63.11 ...... Control Device Requirements—Applicability ..... No ...... Facilities subject to subpart VVVV do not use flares as control devices. § 63.12 ...... State Authority and Delegations ...... Yes ...... § 63.5776 lists those sections of subpart A that are not delegated. § 63.13 ...... Addresses ...... Yes § 63.14 ...... Incorporation by Reference ...... Yes § 63.15 ...... Availability of Information/Confidentiality ...... Yes
Subpart WWWW—National Emissions ■ a. Removing and reserving paragraph (3) of this section and in paragraphs Standards for Hazardous Air (c)(4); and (e)(1) through (6) of this section. Pollutants: Reinforced Plastic ■ b. Revising paragraphs (d) (1) The date and time that each Composites Production introductory text and (e) and (h). malfunction started and stopped. The revisions read as follows: (2) The date and time that each CMS ■ 8. Section 63.5835 is amended by: was inoperative, except for zero (low- ■ a. Revising paragraph (b); and § 63.5910 What reports must I submit and when? level) and high-level checks. ■ b. Removing paragraph (d). (3) The date, time, and duration that The revision reads as follows: * * * * * (d) For each deviation from an organic each CMS was out of control, including § 63.5835 What are my general HAP emissions limitation or operating the information in § 63.8(c)(8). requirements for complying with this limit and for each deviation from the (4) The date and time that each subpart? requirements for work practice deviation started and stopped. * * * * * standards that occurs at an affected (5) A summary of the total duration of (b) You must be in compliance with source where you are not using a CMS the deviation during the reporting all organic HAP emissions limits in this to comply with the organic HAP period and the total duration as a subpart that you meet using add-on emissions limitations or work practice percent of the total source operating controls at all times. standards in this subpart, the time during that reporting period. * * * * * compliance report must contain the (6) A breakdown of the total duration of the deviations during the reporting ■ information in paragraphs (c)(1) through 9. Section 63.5900 is amended by: period into those that are due to control ■ a. Revising paragraph (c); and (3) of this section and in paragraphs ■ (d)(1) and (2) of this section. equipment problems, process problems, b. Removing paragraphs (d) and (e). other known causes, and other The revision reads as follows: * * * * * (e) For each deviation from an organic unknown causes. § 63.5900 How do I demonstrate HAP emissions limitation (i.e., * * * * * continuous compliance with the standards? emissions limit and operating limit) (h) Submit compliance reports based * * * * * occurring at an affected source where on the requirements in §§ 63.5910 and (c) You must meet the organic HAP you are using a CMS to comply with the 63.5912 and table 14 to this subpart, and emissions limits and work practice organic HAP emissions limitation in not based on the requirements in standards that apply to you at all times. this subpart, you must include the § 63.999. ■ 10. Section 63.5910 is amended by: information in paragraphs (c)(1) through * * * * *
VerDate Sep<11>2014 18:25 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15976 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
■ 11. Section 63.5912 is added to read evaluation following the procedures specified in this paragraph (d), as follows: specified in paragraphs (b)(1) through beginning on September 17, 2020, you (3) of this section. must submit all subsequent reports to § 63.5912 How do I submit my reports? (1) Performance evaluations of CMS the EPA via CEDRI, which can be (a) Within 60 days after the date of measuring relative accuracy test audit accessed through the EPA’s CDX completing each performance test (RATA) pollutants that are supported by (https://cdx.epa.gov/). You must use the required by this subpart, you must the EPA’s ERT as listed on the EPA’s appropriate electronic report template submit the results of the performance ERT website at the time of the on the CEDRI website (https:// test following the procedures specified evaluation. Submit the results of the www.epa.gov/electronic-reporting-air- in paragraphs (a)(1) through (3) of this performance evaluation to the EPA via emissions/compliance-and-emissions- section. CEDRI, which can be accessed through data-reporting-interface-cedri) for this (1) Data collected using test methods the EPA’s CDX. The data must be subpart. The report must be submitted supported by the EPA’s Electronic submitted in a file format generated by the deadline specified in this Reporting Tool (ERT) as listed on the through the use of the EPA’s ERT. subpart, regardless of the method in EPA’s ERT website (https:// Alternatively, you may submit an which the report is submitted. If you www.epa.gov/electronic-reporting-air- electronic file consistent with the XML claim some of the information required emissions/electronic-reporting-tool-ert) schema listed on the EPA’s ERT to be submitted via CEDRI is CBI, at the time of the test. Submit the results website. submit a complete report, including of the performance test to the EPA via (2) Performance evaluations of CMS information claimed to be CBI, to the the Compliance and Emissions Data measuring RATA pollutants that are not EPA. The report must be generated Reporting Interface (CEDRI), which can supported by the EPA’s ERT as listed on using the appropriate form on the be accessed through the EPA’s Central the EPA’s ERT website at the time of the CEDRI website or an alternate electronic Data Exchange (CDX) (https:// evaluation. The results of the file consistent with the XML schema cdx.epa.gov/). The data must be performance evaluation must be listed on the CEDRI website. Submit the submitted in a file format generated included as an attachment in the ERT or file on a compact disc, flash drive, or through the use of the EPA’s ERT. an alternate electronic file consistent other commonly used electronic storage Alternatively, you may submit an with the XML schema listed on the medium and clearly mark the medium electronic file consistent with the EPA’s ERT website. Submit the ERT as CBI. Mail the electronic medium to extensible markup language (XML) generated package or alternative file to U.S. EPA/OAQPS/CORE CBI Office, schema listed on the EPA’s ERT the EPA via CEDRI. Attention: Group Leader, Measurement website. (3) Confidential business information Policy Group, MD C404–02, 4930 Old (2) Data collected using test methods (CBI). If you claim some of the Page Rd., Durham, NC 27703. The same that are not supported by the EPA’s ERT information submitted under paragraph file with the CBI omitted must be as listed on the EPA’s ERT website at (a)(1) of this section is CBI, you must submitted to the EPA via the EPA’s CDX the time of the test. The results of the submit a complete file, including performance test must be included as an information claimed to be CBI, to the as described earlier in this paragraph attachment in the ERT or an alternate EPA. The file must be generated through (d). electronic file consistent with the XML the use of the EPA’s ERT or an alternate (e) If you are required to electronically schema listed on the EPA’s ERT electronic file consistent with the XML submit a report through CEDRI in the website. Submit the ERT generated schema listed on the EPA’s ERT EPA’s CDX, you may assert a claim of package or alternative file to the EPA via website. Submit the file on a compact EPA system outage for failure to timely CEDRI. disc, flash drive, or other commonly comply with the reporting requirement. (3) Confidential business information used electronic storage medium and To assert a claim of EPA system outage, (CBI). If you claim some of the clearly mark the medium as CBI. Mail you must meet the requirements information submitted under paragraph the electronic medium to U.S. EPA/ outlined in paragraphs (e)(1) through (7) (a)(1) of this section is CBI, you must OAQPS/CORE CBI Office, Attention: of this section. submit a complete file, including Group Leader, Measurement Policy (1) You must have been or will be information claimed to be CBI, to the Group, MD C404–02, 4930 Old Page Rd., precluded from accessing CEDRI and EPA. The file must be generated through Durham, NC 27703. The same file with submitting a required report within the the use of the EPA’s ERT or an alternate the CBI omitted must be submitted to time prescribed due to an outage of electronic file consistent with the XML the EPA via the EPA’s CDX as described either the EPA’s CEDRI or CDX systems. schema listed on the EPA’s ERT in paragraph (a)(1) of this section. (2) The outage must have occurred website. Submit the file on a compact (c) For sources that commence within the period of time beginning five disc, flash drive, or other commonly construction or reconstruction before or business days prior to the date that the used electronic storage medium and on May 17, 2019, you must submit to submission is due. clearly mark the medium as CBI. Mail the Administrator semiannual (3) The outage may be planned or the electronic medium to U.S. EPA/ compliance reports of the information unplanned. OAQPS/CORE CBI Office, Attention: required in § 63.5910(c),(d), (e), (f), and (4) You must submit notification to Group Leader, Measurement Policy (i) beginning on September 16, 2020. the Administrator in writing as soon as Group, MD C404–02, 4930 Old Page Rd., For sources that commence construction possible following the date you first Durham, NC 27703. The same file with or reconstruction after May 17, 2019, knew, or through due diligence should the CBI omitted must be submitted to you must submit to the Administrator have known, that the event may cause the EPA via the EPA’s CDX as described semiannual compliance reports of the or has caused a delay in reporting. in paragraph (a)(1) of this section. information required in § 63.5910(c), (5) You must provide to the (b) Within 60 days after the date of (d), (e), (f), and (i) beginning on March Administrator a written description completing each continuous monitoring 20, 2020, or upon startup, whichever is identifying: system (CMS) performance evaluation later. (i) The date(s) and time(s) when CDX as defined in § 63.2, you must submit (d) If you are required to submit or CEDRI was accessed and the system the results of the performance reports following the procedure was unavailable;
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15977
(ii) A rationale for attributing the have known, that the event may cause Deviation after September 16, 2020, delay in reporting beyond the regulatory or has caused a delay in reporting. means any instance in which an affected deadline to EPA system outage; (3) You must provide to the source subject to this subpart, or an (iii) Measures taken or to be taken to Administrator: owner or operator of such a source: minimize the delay in reporting; and (i) A written description of the force (1) Fails to meet any requirement or (iv) The date by which you propose to majeure event; obligation established by this subpart, report, or if you have already met the (ii) A rationale for attributing the including, but not limited to, any reporting requirement at the time of the delay in reporting beyond the regulatory emission limit, operating limit, or work notification, the date you reported. deadline to the force majeure event; practice standard; or (6) The decision to accept the claim (iii) A description of measures taken (2) Fails to meet any term or condition of EPA system outage and allow an or to be taken to minimize the delay in that is adopted to implement an extension to the reporting deadline is reporting; and applicable requirement in this subpart solely within the discretion of the (iv) The date by which you propose to and that is included in the operating Administrator. report, or if you have already met the permit for any affected source required reporting requirement at the time of the (7) In any circumstance, the report to obtain such a permit. notification, the date you reported. must be submitted electronically as Deviation before September 17, 2020, (4) The decision to accept the claim soon as possible after the outage is means any instance in which an affected of force majeure and allow an extension resolved. source subject to this subpart, or an to the reporting deadline is solely owner or operator of such a source: (f) If you are required to electronically within the discretion of the (1) Fails to meet any requirement or submit a report through CEDRI in the Administrator. obligation established by this subpart, EPA’s CDX, you may assert a claim of (5) In any circumstance, the reporting including, but not limited to, any force majeure for failure to timely must occur as soon as possible after the emission limit, operating limit, or work comply with the reporting requirement. force majeure event occurs. practice standard; or To assert a claim of force majeure, you (2) Fails to meet any term or condition must meet the requirements outlined in § 63.5915 [Amended] that is adopted to implement an paragraphs (f)(1) through (5) of this ■ 12. Section 63.5915 is amended by applicable requirement in this subpart section. removing and reserving paragraph (a)(2). and that is included in the operating (1) You may submit a claim if a force ■ 13. Section 63.5920 is amended by permit for any affected source required majeure event is about to occur, occurs, adding paragraph (e) to read as follows: to obtain such a permit; or or has occurred or there are lingering (3) Fails to meet any emission limit, effects from such an event within the § 63.5920 In what form and how long must or operating limit, or work practice period of time beginning five business I keep my records? standard in this subpart during startup, days prior to the date the submission is * * * * * shutdown, or malfunction, regardless of due. For the purposes of this section, a (e) Any records required to be whether or not such failure is permitted force majeure event is defined as an maintained by this part that are by this subpart. event that will be or has been caused by submitted electronically via the EPA’s circumstances beyond the control of the * * * * * CEDRI may be maintained in electronic Shutdown after September 16, 2020, affected facility, its contractors, or any format. This ability to maintain entity controlled by the affected facility means the cessation of operation of the electronic copies does not affect the add-on control devices. that prevents you from complying with requirement for facilities to make the requirement to submit a report records, data, and reports available * * * * * electronically within the time period upon request to a delegated air agency Startup after September 17, 2020, prescribed. Examples of such events are or the EPA as part of an on-site means the setting in operation of the acts of nature (e.g., hurricanes, compliance evaluation. add-on control devices. earthquakes, or floods), acts of war or ■ 14. Section 63.5935 is amended by * * * * * terrorism, or equipment failure or safety adding the definitions for ‘‘Deviation ■ 15. Table 4 of subpart WWWW of part hazard beyond the control of the after’’, ‘‘Deviation before’’, ‘‘Shutdown’’, 63 is revised to read as follows: affected facility (e.g., large scale power and ‘‘Startup’’ in alphabetical order to Table 4 to Subpart WWWW of Part 63— outage). read as follows: (2) You must submit notification to Work Practice Standards the Administrator in writing as soon as § 63.5935 What definitions apply to this As specified in § 63.5805, you must possible following the date you first subpart? meet the work practice standards in the knew, or through due diligence should * * * * * following table that apply to you:
For . . . You must . . .
1. A new or existing closed molding operation using compression/injec- Uncover, unwrap or expose only one charge per mold cycle per com- tion molding. pression/injection molding machine. For machines with multiple molds, one charge means sufficient material to fill all molds for one cycle. For machines with robotic loaders, no more than one charge may be exposed prior to the loader. For machines fed by hoppers, sufficient material may be uncovered to fill the hopper. Hoppers must be closed when not adding materials. Materials may be uncovered to feed to slitting machines. Materials must be recovered after slitting.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15978 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
For . . . You must . . .
2. A new or existing cleaning operation ...... Not use cleaning solvents that contain HAP, except that styrene may be used as a cleaner in closed systems, and organic HAP containing cleaners may be used to clean cured resin from application equip- ment. Application equipment includes any equipment that directly contacts resin. 3. A new or existing materials HAP-containing materials storage oper- Keep containers that store HAP-containing materials closed or covered ation. except during the addition or removal of materials. Bulk HAP-con- taining materials storage tanks may be vented as necessary for safe- ty. 4. An existing or new SMC manufacturing operation ...... Close or cover the resin delivery system to the doctor box on each SMC manufacturing machine. The doctor box itself may be open. 5. An existing or new SMC manufacturing operation ...... Use a nylon containing film to enclose SMC. 6. All mixing or BMC manufacturing operations1 ...... Use mixer covers with no visible gaps present in the mixer covers, ex- cept that gaps of up to 1 inch are permissible around mixer shafts and any required instrumentation. Mixers where the emissions are fully captured and routed to a 95 percent efficient control device are exempt from this requirement. 7. All mixing or BMC manufacturing operations1 ...... Close any mixer vents when actual mixing is occurring, except that venting is allowed during addition of materials, or as necessary prior to adding materials or opening the cover for safety. Vents routed to a 95 percent efficient control device are exempt from this requirement. 8. All mixing or BMC manufacturing operations1 ...... Keep the mixer covers closed while actual mixing is occurring except when adding materials or changing covers to the mixing vessels. 9. A new or existing pultrusion operation manufacturing parts that meet i. Not allow vents from the building ventilation system, or local or port- the following criteria: 1,000 or more reinforcements or the glass able fans to blow directly on or across the wet-out area(s), equivalent of 1,000 ends of 113 yield roving or more; and have a ii. Not permit point suction of ambient air in the wet-out area(s) unless cross sectional area of 60 square inches or more that is not subject that air is directed to a control device, to the 95-percent organic HAP emission reduction requirement. iii. Use devices such as deflectors, baffles, and curtains when practical to reduce air flow velocity across the wet-out area(s), iv. Direct any compressed air exhausts away from resin and wet-out area(s), v. Convey resin collected from drip-off pans or other devices to res- ervoirs, tanks, or sumps via covered troughs, pipes, or other covered conveyance that shields the resin from the ambient air, vi. Cover all reservoirs, tanks, sumps, or HAP-containing materials storage vessels except when they are being charged or filled, and vii. Cover or shield from ambient air resin delivery systems to the wet- out area(s) from reservoirs, tanks, or sumps where practical. 1 Containers of 5 gallons or less may be open when active mixing is taking place, or during periods when they are in process (i.e., they are ac- tively being used to apply resin). For polymer casting mixing operations, containers with a surface area of 500 square inches or less may be open while active mixing is taking place.
■ 16. Table 14 of subpart WWWW of Table 14 to Subpart WWWW of Part part 63 is revised to read as follows: 63—Requirements for Reports As required in § 63.5910(a), (b), (g), and (h), you must submit reports on the schedule shown in the following table:
You must submit a(n) The report must contain . . . You must submit the report . . .
1. Compliance report ...... a. A statement that there were no deviations during that reporting pe- Semiannually according to the re- riod if there were no deviations from any emission limitations quirements in § 63.5910(b). (emission limit, operating limit, opacity limit, and visible emission limit) that apply to you and there were no deviations from the re- quirements for work practice standards in Table 4 to this subpart that apply to you. If there were no periods during which the CMS, including CEMS, and operating parameter monitoring systems, was out of control as specified in § 63.8(c)(7), the report must also con- tain a statement that there were no periods during which the CMS was out of control during the reporting period. b. The information in § 63.5910(d) if you have a deviation from any Semiannually according to the re- emission limitation (emission limit, operating limit, or work practice quirements in § 63.5910(b). standard) during the reporting period. If there were periods during which the CMS, including CEMS, and operating parameter moni- toring systems, was out of control, as specified in § 63.8(c)(7), the report must contain the information in § 63.5910(e).
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15979
■ 17. Table 15 of subpart WWWW of Table 15 to Subpart WWWW of Part part 63 is revised to read as follows: 63—Applicability of General Provisions (Subpart A) to Subpart WWWW of Part 63 As specified in § 63.5925, the parts of the General Provisions which apply to you are shown in the following table:
And applies to The general provisions subpart Subject to the following additional reference . . . That addresses . . . WWWW of information . . . part 63 . . .
§ 63.1(a)(1) ...... General applicability of the general provisions Yes ...... Additional terms defined in subpart WWWW of part 63, when overlap between subparts A and WWWW of this part, subpart WWWW of part 63 takes precedence. § 63.1(a)(2) through (4) ...... General applicability of the general provisions Yes § 63.1(a)(5) ...... Reserved ...... No § 63.1(a)(6) ...... General applicability of the general provisions Yes § 63.1(a)(7) through (9) ...... Reserved ...... No § 63.1(a)(10) through (14) .. General applicability of the general provisions Yes § 63.1(b)(1) ...... Initial applicability determination ...... Yes ...... Subpart WWWW of part 63 clarifies the appli- cability in §§ 63.5780 and 63.5785. § 63.1(b)(2) ...... Reserved ...... No § 63.1(b)(3) ...... Record of the applicability determination ...... Yes § 63.1(c)(1) ...... Applicability of this part after a relevant stand- Yes ...... Subpart WWWW of part 63 clarifies the appli- ard has been set under this part. cability of each paragraph of subpart A to sources subject to subpart WWWW of part 63. § 63.1(c)(2) ...... Title V operating permit requirement ...... Yes ...... All major affected sources are required to ob- tain a title V operating permit. Area sources are not subject to subpart WWWW of part 63. § 63.1(c)(3) and (4) ...... Reserved ...... No § 63.1(c)(5) ...... Notification requirements for an area source Yes that increases HAP emissions to major source levels. § 63.1(d) ...... Reserved ...... No § 63.1(e) ...... Applicability of permit program before a rel- Yes evant standard has been set under this part. § 63.2 ...... Definitions ...... Yes ...... Subpart WWWW of part 63 defines terms in § 63.5935. When overlap between subparts A and WWWW of part 63 occurs, you must comply with the subpart WWWW of part 63 definitions, which take precedence over the subpart A definitions. § 63.3 ...... Units and abbreviations ...... Yes ...... Other units and abbreviations used in subpart WWWW of part 63 are defined in subpart WWWW of part 63. § 63.4 ...... Prohibited activities and circumvention ...... Yes ...... § 63.4(a)(3) through (5) is reserved and does not apply. § 63.5(a)(1) and (2) ...... Applicability of construction and reconstruction Yes ...... Existing facilities do not become reconstructed under subpart WWWW of part 63. § 63.5(b)(1) ...... Relevant standards for new sources upon con- Yes ...... Existing facilities do not become reconstructed struction. under subpart WWWW of part 63. § 63.5(b)(2) ...... Reserved ...... No § 63.5(b)(3) ...... New construction/reconstruction ...... Yes ...... Existing facilities do not become reconstructed under subpart WWWW of part 63. § 63.5(b)(4) ...... Construction/reconstruction notification ...... Yes ...... Existing facilities do not become reconstructed under subpart WWWW of part 63. § 63.5(b)(5) ...... Reserved ...... No § 63.5(b)(6) ...... Equipment addition or process change ...... Yes ...... Existing facilities do not become reconstructed under subpart WWWW of part 63. § 63.5(c) ...... Reserved ...... No § 63.5(d)(1) ...... General application for approval of construction Yes ...... Existing facilities do not become reconstructed or reconstruction. under subpart WWWW of part 63. § 63.5(d)(2) ...... Application for approval of construction ...... Yes § 63.5(d)(3) ...... Application for approval of reconstruction ...... No § 63.5(d)(4) ...... Additional information ...... Yes § 63.5(e)(1) through (5) ...... Approval of construction or reconstruction ...... Yes § 63.5(f)(1) and (2)...... Approval of construction or reconstruction Yes based on prior State preconstruction review. § 63.6(a)(1) ...... Applicability of compliance with standards and Yes maintenance requirements.
VerDate Sep<11>2014 18:26 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15980 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
And applies to The general provisions subpart Subject to the following additional reference . . . That addresses . . . WWWW of information . . . part 63 . . .
§ 63.6(a)(2) ...... Applicability of area sources that increase HAP Yes emissions to become major sources. § 63.6(b)(1) through (5) ...... Compliance dates for new and reconstructed Yes ...... Subpart WWWW of part 63 clarifies compli- sources. ance dates in § 63.5800. § 63.6(b)(6) ...... Reserved ...... No § 63.6(b)(7) ...... Compliance dates for new operations or equip- Yes ...... New operations at an existing facility are not ment that cause an area source to become a subject to new source standards. major source. § 63.6(c)(1) and (2) ...... Compliance dates for existing sources ...... Yes ...... Subpart WWWW of part 63 clarifies compli- ance dates in § 63.5800. § 63.6(c)(3) and (4) ...... Reserved ...... No § 63.6(c)(5) ...... Compliance dates for existing area sources Yes ...... Subpart WWWW of part 63 clarifies compli- that become major. ance dates in § 63.5800. § 63.6(d) ...... Reserved ...... No § 63.6(e)(1) ...... Operation and maintenance requirements ...... Yes ...... Except portions of § 63.6(e)(1)(i) and (ii) spe- cific to conditions during startup, shutdown, or malfunction. § 63.6(e)(3) ...... SSM plan and recordkeeping ...... No § 63.6(f)(1) ...... Compliance except during periods of startup, No ...... Subpart WWWW of part 63 requires compli- shutdown, and malfunction. ance at all times. § 63.6(f)(2) and (3) ...... Methods for determining compliance ...... Yes § 63.6(g)(1) through (3) ...... Alternative standard ...... Yes § 63.6(h) ...... Opacity and visible emission Standards ...... No ...... Subpart WWWW of part 63 does not contain opacity or visible emission standards. § 63.6(i)(1) through (14) ...... Compliance extensions ...... Yes § 63.6(i)(15) ...... Reserved ...... No § 63.6(i)(16) ...... Compliance extensions ...... Yes § 63.6(j) ...... Presidential compliance exemption ...... Yes § 63.7(a)(1) ...... Applicability of performance testing require- Yes ments. § 63.7(a)(2) ...... Performance test dates ...... No ...... Subpart WWWW of part 63 initial compliance requirements are in § 63.5840. § 63.7(a)(3) ...... CAA Section 114 authority ...... Yes § 63.7(b)(1) ...... Notification of performance test ...... Yes § 63.7(b)(2) ...... Notification rescheduled performance test ...... Yes § 63.7(c) ...... Quality assurance program, including test plan Yes ...... Except that the test plan must be submitted with the notification of the performance test. § 63.7(d) ...... Performance testing facilities ...... Yes § 63.7(e) ...... Conditions for conducting performance tests .... Yes ...... Performance test requirements are contained in § 63.5850. Additional requirements for conducting performance tests for continuous lamination/casting are included in § 63.5870. Conditions specific to operations during periods of startup, shutdown, and malfunction in § 63.7(e)(1) do not apply. § 63.7(f) ...... Use of alternative test method ...... Yes § 63.7(g) ...... Performance test data analysis, recordkeeping, Yes and reporting. § 63.7(h) ...... Waiver of performance tests ...... Yes § 63.8(a)(1) and (2) ...... Applicability of monitoring requirements ...... Yes § 63.8(a)(3) ...... Reserved ...... No § 63.8(a)(4) ...... Monitoring requirements when using flares ...... Yes § 63.8(b)(1) ...... Conduct of monitoring exceptions ...... Yes § 63.8(b)(2) and (3) ...... Multiple effluents and multiple monitoring sys- Yes tems. § 63.8(c)(1) ...... Compliance with CMS operation and mainte- Yes ...... This section applies if you elect to use a CMS nance requirements. to demonstrate continuous compliance with an emission limit. Except references to SSM plans in § 63.8(c)(1)(i) and (iii). § 63.8(c)(2) and (3) ...... Monitoring system installation ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.8(c)(4) ...... CMS requirements ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.8(c)(5) ...... Continuous Opacity Monitoring System No ...... Subpart WWWW of part 63 does not contain (COMS) minimum procedures. opacity standards. § 63.8(c)(6) through (8) ...... CMS calibration and periods CMS is out of Yes ...... This section applies if you elect to use a CMS control. to demonstrate continuous compliance with an emission limit.
VerDate Sep<11>2014 18:26 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15981
And applies to The general provisions subpart Subject to the following additional reference . . . That addresses . . . WWWW of information . . . part 63 . . .
§ 63.8(d)(1)–(2) ...... CMS quality control program, including test Yes ...... This section applies if you elect to use a CMS plan and all previous versions. to demonstrate continuous compliance with an emission limit. § 63.8(d)(3) ...... CMS quality control program, including test Yes ...... Except references to SSM plans in plan and all previous versions. § 63.8(d)(3). § 63.8(e)(1) ...... Performance evaluation of CMS ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.8(e)(2) ...... Notification of performance evaluation ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.8(e)(3) and (4) ...... CMS requirements/alternatives ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.8(e)(5)(i) ...... Reporting performance evaluation results ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.8(e)(5)(ii) ...... Results of COMS performance evaluation ...... No ...... Subpart WWWW of part 63 does not contain opacity standards. § 63.8(f)(1) through (3) ...... Use of an alternative monitoring method ...... Yes § 63.8(f)(4) ...... Request to use an alternative monitoring meth- Yes od. § 63.8(f)(5) ...... Approval of request to use an alternative moni- Yes toring method. § 63.8(f)(6) ...... Request for alternative to relative accuracy test Yes ...... This section applies if you elect to use a CMS and associated records. to demonstrate continuous compliance with an emission limit. § 63.8(g)(1) through (5) ...... Data reduction ...... Yes § 63.9(a)(1) through (4) ...... Notification requirements and general informa- Yes tion. § 63.9(b)(1) ...... Initial notification applicability ...... Yes § 63.9(b)(2) ...... Notification for affected source with initial start- Yes up before effective date of standard. § 63.9(b)(3) ...... Reserved ...... No § 63.9(b)(4)(i) ...... Notification for a new or reconstructed major Yes affected source with initial startup after effec- tive date for which an application for ap- proval of construction or reconstruction is re- quired. § 63.9(b)(4)(ii) through (iv) .. Reserved ...... No § 63.9(b)(4)(v) ...... Notification for a new or reconstructed major Yes ...... Existing facilities do not become reconstructed affected source with initial startup after effec- under subpart WWWW of part 63. tive date for which an application for ap- proval of construction or reconstruction is re- quired. § 63.9(b)(5) ...... Notification that you are subject to this subpart Yes ...... Existing facilities do not become reconstructed for new or reconstructed affected source with under subpart WWWW of part 63. initial startup after effective date and for which an application for approval of con- struction or reconstruction is not required. § 63.9(c) ...... Request for compliance extension ...... Yes § 63.9(d) ...... Notification of special compliance requirements Yes for new source. § 63.9(e) ...... Notification of performance test ...... Yes § 63.9(f) ...... Notification of opacity and visible emissions ob- No ...... Subpart WWWW of part 63 does not contain servations. opacity or visible emission standards. § 63.9(g)(1) ...... Additional notification requirements for sources Yes ...... This section applies if you elect to use a CMS using CMS. to demonstrate continuous compliance with an emission limit. § 63.9(g)(2) ...... Notification of compliance with opacity emis- No ...... Subpart WWWW of part 63 does not contain sion standard. opacity emission standards. § 63.9(g)(3) ...... Notification that criterion to continue use of al- Yes ...... This section applies if you elect to use a CMS ternative to relative accuracy testing has to demonstrate continuous compliance with been exceeded. an emission limit. § 63.9(h)(1) through (3) ...... Notification of compliance status ...... Yes § 63.9(h)(4) ...... Reserved ...... No § 63.9(h)(5) and (6) ...... Notification of compliance status ...... Yes § 63.9(i) ...... Adjustment of submittal deadlines ...... Yes § 63.9(j) ...... Change in information provided ...... Yes § 63.10(a) ...... Applicability of recordkeeping and reporting ..... Yes § 63.10(b)(1) ...... Records retention ...... Yes
VerDate Sep<11>2014 18:26 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15982 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
And applies to The general provisions subpart Subject to the following additional reference . . . That addresses . . . WWWW of information . . . part 63 . . .
§ 63.10(b)(2)(i) through (v) Records related to startup, shutdown, and mal- No function. § 63.10(b)(2)(vi) through (xi) CMS records, data on performance tests, CMS Yes performance evaluations, measurements necessary to determine conditions of per- formance tests, and performance evaluations. § 63.10(b)(2)(xii) ...... Record of waiver of recordkeeping and report- Yes ing. § 63.10(b)(2)(xiii) ...... Record for alternative to the relative accuracy Yes test. § 63.10(b)(2)(xiv) ...... Records supporting initial notification and notifi- Yes cation of compliance status. § 63.10(b)(3) ...... Records for applicability determinations ...... Yes § 63.10(c)(1) ...... CMS records ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.10(c)(2) through (4) ..... Reserved ...... No § 63.10(c)(5) through (8) ..... CMS records ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.10(c)(9) ...... Reserved ...... No § 63.10(c)(10) through (14) CMS records ...... Yes ...... This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. § 63.10(c)(15) ...... CMS records ...... No § 63.10(d)(1) ...... General reporting requirements ...... Yes § 63.10(d)(2) ...... Report of performance test results ...... Yes § 63.10(d)(3) ...... Reporting results of opacity or visible emission No ...... Subpart WWWW of part 63 does not contain observations. opacity or visible emission standards. § 63.10(d)(4) ...... Progress reports as part of extension of com- Yes pliance. § 63.10(d)(5) ...... Startup, shutdown, and malfunction reports ...... No § 63.10(e)(1) through (3) .... Additional reporting requirements for CMS ...... Yes ...... This section applies if you have an add-on control device and elect to use a CEM to demonstrate continuous compliance with an emission limit. § 63.10(e)(4) ...... Reporting COMS data ...... No ...... Subpart WWWW of part 63 does not contain opacity standards. § 63.10(f) ...... Waiver for recordkeeping or reporting ...... Yes § 63.11 ...... Control device requirements ...... Yes ...... Only applies if you elect to use a flare as a control device. § 63.12 ...... State authority and delegations ...... Yes § 63.13 ...... Addresses of state air pollution control agen- Yes cies and EPA Regional offices. § 63.14 ...... Incorporations by reference ...... Yes § 63.15 ...... Availability of information and confidentiality ..... Yes
[FR Doc. 2020–04661 Filed 3–19–20; 8:45 am] ACTION: Final action; requirements and FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P procedures. Alexander Minard, Wireline Competition Bureau, (202) 418–7400 or SUMMARY: In this document, the TTY: (202) 418–0484. Wireline Competition Bureau (the SUPPLEMENTARY INFORMATION: This is a FEDERAL COMMUNICATIONS Bureau) establishes procedures for the summary of the Bureau’s Public Notice COMMISSION Uniendo a Puerto Rico Fund and the in WC Docket Nos. 18–143, 10–90, 14– Connect USVI Fund Stage 2 58; DA 20–133, released on February 5, 47 CFR Part 54 Competition (PR–USVI Stage 2 2020. The full text of this document is Competition, Stage 2 Competition, or available for public inspection during [WC Docket Nos. 18–143, 10–90, 14–58; DA the Competition). 20–133; FRS 16538] regular business hours in the FCC DATES: The PR–USVI Stage 2 Reference Center, Room CY–A257, 445 The Uniendo a Puerto Rico Fund and Competition applications will not be 12th Street SW, Washington, DC 20554 the Connect USVI Fund, Connect due earlier than 30 days following the or at the following internet address: America Fund, ETC Annual Reports announcement of the application form’s https://www.fcc.gov/document/uniendo- and Certifications approval from the Office of Management puerto-rico-fund-and-connect-usvi- and Budget. The Bureau will release a fund-procedures-pn. AGENCY: Federal Communications public notice announcing the Commission. application deadline.
VerDate Sep<11>2014 18:26 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15983
I. General Information approval from the Office of Management fixed locations. It must make these and Budget. services available to all fixed locations A. Introduction associated with the geographic area for B. Requirements for Participation 1. The Bureau established procedures which it is the winning applicant. 2. Those wishing to participate in this for the PR–USVI Stage 2 Competition, competition must: 4. In the competition, the Bureau will thus furthering the Commission’s goal of • Submit an application form for accept applications for service at one of closing the digital divide for all Stage 2 of the Uniendo a Puerto Rico three performance levels, each with its Americans, including those in non- Fund or the Connect USVI Fund own minimum download and upload contiguous areas of our country. The (Application Form) via electronic mail speed and usage allowance, and for Stage 2 Competition will award up to to [email protected] prior to the either high or low latency service, as $691.2 million annually for 10 years to application deadline; and shown in the tables herein. Winning service providers that commit to offer • Comply with all provisions applicants that become authorized to voice and broadband services to all outlined in this Public Notice and receive Stage 2 fixed support must fixed locations in the Commonwealth of applicable Commission rules. deploy broadband service that meets the performance speed, usage and latency Puerto Rico and the U.S. Virgin Islands C. Public Interest Obligations (USVI) (together, the ‘‘Territories’’). The requirements associated with their 3. Each winning applicant that is winning applications. The performance Bureau will release an application form authorized to receive Stage 2 fixed requirements for authorized winning and instructions, and announce the support will be required to offer voice applicants are described in more detail application deadline in a public notice and broadband services meeting the in the following tables and in the PR– following Paperwork Reduction Act relevant performance requirements to USVI Stage 2 Order.
Assigned Speed Monthly usage allowance points
≥25/3 Mbps ...... ≥250 GB or U.S. median, whichever is higher ...... 50 ≥100/20 Mbps ...... ≥2 TB ...... 25 1 Gbps/500 Mbps ...... ≥2 TB ...... 0
Assigned Latency Requirement points
Low ...... ≤100 ms ...... 0 High ...... ≤750 ms ...... 40
5. Stage 2 support recipients may offer offer service to all locations associated required number of locations a variety of broadband service offerings with the geographic area included in its throughout each geographic area for as long as they offer at least one authorized winning application. each such combination within the standalone voice plan and one service Specifically, each support recipient application. plan that provides broadband at the must complete construction and begin 8. The Commission established a one- relevant performance tier and latency commercially offering service to at least year location adjustment process, as requirements, and these plans must be 40% of the locations in an area by the described more completely in the PR– offered at rates that are reasonably end of the third year of support, to at USVI Stage 2 Order and in the comparable to rates offered in urban least 60% by the end of the fourth year, following. In the event a support areas. For voice service, a support at least 80% and by the end of the fifth recipient will be required to certify year, and to 100% by the end of the recipient cannot identify all locations in annually that the pricing of its service sixth year. A support recipient is its winning geographic areas, it will is no more than the applicable deemed to be commercially offering have one year from release of the Stage reasonably comparable rate benchmark voice and/or broadband service to a 2 Competition winning applicants that the Bureau releases each year. For location if it provides service to the public notice to file evidence of the total broadband services, a support recipient location or could provide it within 10 number of locations in those blocks, will be required to certify that the business days upon request. including geolocation data of all the locations it was able to identify. The pricing of a service that meets the 7. Compliance will be determined by required performance tier and latency geographic area. The Bureau will verify support recipient’s filing will be subject performance requirements is no more that the support recipient offers the to review and comment by relevant than the applicable reasonably required service to the total number of stakeholders and to audit. If the support comparable rate benchmark, or that it is locations across all winning areas recipient demonstrates that the number no more than the non-promotional price included in the support recipient’s of actual, on-the-ground locations is charged for a comparable fixed wireline authorized application areas (i.e., lower than the number announced by broadband service in the state or U.S. municipios or island(s)). If a support the Bureau on December 19, 2019, its territory where the eligible recipient is authorized to receive location total will be adjusted, and its telecommunication carrier (ETC) support in an area for different support will be reduced on a pro rata receives support. performance tier/latency and resiliency/ basis. If a support recipient finds that 6. The Commission has adopted redundancy combinations, it will be the number of actual locations has specific service deployment milestones required to demonstrate that it is increased, its total support will not be that require each winning applicant offering service meeting the relevant increased, but it will be required to authorized to receive Stage 2 support to performance requirements to the deploy to all actual locations.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15984 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
9. Additionally, the Commission efficient, orderly, transparent, and Model (CAM) to calculate the average adopted a voluntary five-year impartial. cost per location for all locations in a assessment prior to the end of the fifth 12. Eligible Providers. The census block. Second, the Bureau year of support, as described more Commission determined that it would applied the full amount of the budgets completely in the PR–USVI Stage 2 allow all providers that had existing for Puerto Rico and for the U.S. Virgin Order. This process allows a support fixed network facilities and made Islands to create territory-specific high- recipient that faces unforeseen broadband service available in Puerto cost thresholds and to ensure the entire challenges to request a review of and Rico or in the U.S. Virgin Islands, budget is available over the 10-year adjustment to its deployment according to June 2018 FCC Form 477 term. Third, the Bureau established a obligations. As directed by the data, to be eligible to participate in their reserve price for each geographic area in Commission, the Bureau will establish a respective territory’s competitive proportion to the support amounts process no later than the beginning of process. Therefore, for example, a calculated for each census block within the fifth year of support to provide provider that has deployed broadband that area. The reserve prices are $25.58 recipients an opportunity to request in Puerto Rico but not the U.S. Virgin per location per month for Puerto Rico reassessment of their obligations. The Islands according to June 2018 FCC and $23.34 per location per month for support recipient’s filing will be subject Form 477 data would be eligible to USVI. to review and public comment. If, based apply for support throughout Puerto 17. Competition Delay or Suspension. on the Bureau’s review, an adjustment Rico, but not in the U.S. Virgin Islands. The Bureau may, by announcement, of deployment obligations or locations The Commission determined that it delay or suspend the competition in the is warranted for any winning applicant, would allow broadband providers that, event of natural disaster, technical the Bureau will announce those changes according to June 2018 FCC Form 477 obstacle, network disruption, evidence in a public notice. data, serve only business locations to of an competition security breach or 10. To monitor each support participate. The Commission also unlawful application activity, recipient’s compliance with the Stage 2 allowed participation by fixed providers administrative or weather necessity, or public interest obligations, the who rely on any technology, including for any other reason that affects the fair Commission has adopted reporting satellite, that can meet the Stage 2 and efficient conduct of the competitive requirements described in detail in the service requirements. proposal process. In such cases, the PR–USVI Stage 2 Order. These include 13. Eligible Areas and Minimum Bureau will resume the competition reporting a list of geocoded locations Geographic Area. All areas of the starting from the point at which the each year to which the support recipient Territories are eligible for support. As competition was suspended. the Commission determined in the PR– is offering the required voice and B. Application Procedures broadband services, making a USVI Stage 2 Order, the Bureau will use 18. Application Overview. The Stage 2 certification when the support recipient the 78 municipios in Puerto Rico and Competition will establish the amount has met service milestones, and create two areas in USVI—one that is of support that each winning applicant submitting the annual FCC Form 481 composed of St. John and St. Thomas will be eligible to receive over the 10- report. A support recipient that fails to islands together and a second of just St. year term. An applicant can submit an offer service to all locations by a service Croix island—as the geographic areas application that includes a proposal for milestone will be subject to non- for which applicants may request each geographic area for which it seeks compliance measures. A support support in the competition. 14. As directed by the Commission, support. The price proposed for each recipient will also be subject to any non- the Bureau released a public notice geographic area represents the amount compliance measures that are adopted listing the number of locations for each of support the applicant is willing to in conjunction with the uniform geographic area for the Stage 2 receive per location per month in a methodology applicable to high-cost Competition in December 2019 based on geographic area (Proposal Price). The support recipients for testing and the most recent census data (Reserve Proposal Price will apply to all locations reporting network performance. Price Notice). The Reserve Price Notice within a geographic area for which the II. Applying To Compete in the Stage 2 identifies the geographic areas eligible applicant is seeking support. The Competition for Stage 2 fixed funding, and lists the Proposal Price must be at a price that is municipio or island name, the number equal to or less than the reserve price A. Competition Structure of locations in each area, and the reserve established by the Bureau. An applicant 11. Single-Round Competition price. may submit a different Proposal Price Format. As adopted in the PR–USVI 15. Applicants must use the for each geographic area it proposes to Stage 2 Order, the Bureau will conduct municipio as the minimum geographic serve in the territory. Each application the Stage 2 Competition using a single- area for applying for Stage 2 support in represents an irrevocable offer to meet round, confidential submission, Puerto Rico. An applicant may apply for the terms of the application if it objective scoring process. The Bureau up to 78 geographic areas in an becomes a winning application. That is, will consider all eligible Stage 2 application to compete for Stage 2 fixed an application indicates that the applications simultaneously and select support in Puerto Rico. Applicants may applicant, if selected, commits to applicants based on the lowest score for apply for up to two geographic areas in provide service to all locations in the a series of weighted objective criteria. an application to compete for Stage 2 minimum geographic area(s) in which it Applicants must commit to meeting the support in the USVI. is chosen as the winning applicant in established minimum performance 16. Reserve Prices. The Bureau accordance with its specified requirements identified in its released the reserve prices for the performance tier and latency application, and the scoring gives Territories on December 19, 2019. The requirements in exchange for Stage 2 greater preference to proposals based on Bureau applied the three-step process support. An authorized winning how much they exceed the minimum adopted by the Commission to applicant will receive support in thresholds. The Bureau establishes the determine the reserve price for each amounts corresponding to the Proposal procedures in the following in order to minimum geographic area. First, the Price for each geographic area in which implement a competition that is Bureau employed the Connect America it is the winning applicant.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15985
19. The application and scoring application following the application resiliency and redundancy information procedures described herein implement deadline. that explains how the applicant is the Commission’s decisions on the 23. An applicant bears full building in network or path diversity, process for evaluating applications in responsibility for submitting an and a Disaster Preparation and Response the Stage 2 Competition. accurate, complete, and timely Plan. Several requirements, as set forth 20. Required Application Form. An application. An applicant should in the following, will also apply to applicant must timely and properly file consult the Commission’s rules to application submission and the Bureau an Application Form to be considered a ensure that, in addition to the materials will advise applicants if an application participant in the Stage 2 Competition described in the following, all required does not meet these conditions. for support in the Territories. This form information is included in its 27. Each applicant should submit a can be accessed at the FCC’s website. application. To the extent the single application for each territory in 21. Application Submission. An information in this Public Notice does which it seeks to provide qualifying application to participate in the Stage 2 not address an applicant’s particular voice and broadband services. The Competition will provide information circumstances, or if the applicant needs application should include all proposals used to determine whether the applicant additional information or guidance for each geographic area within the has the legal, technical, and financial concerning the following disclosure territory for which the applicant seeks qualifications to participate in a requirements, the applicant should to provide service. To effectuate this Commission competition for universal review the PR–USVI Stage 2 Order and direction from the Commission, the service support. An entity seeking to the instructions for the Application Bureau prohibits commonly controlled participate in the competition must file Form and/or use the contact information applicants from applying for the same an application in which it certifies, provided in this Public Notice to geographic areas. under penalty of perjury, its consult with Commission staff to better 28. An applicant may submit the qualifications. Eligibility to participate understand the information it must Proposal Price as a price point in the Stage 2 Competition is based on submit in its application. percentage of the reserve price for a 24. An applicant should note that an applicant’s submission of required geographic area. The price point submitting an application (and any information, Application Form and percentage submitted in the application amendments thereto) constitutes a may be specified with up to two certifications. A potential applicant representation by the certifying official decimal places (e.g., 98.44%). The must take seriously its duties and that he or she is an authorized option to apply at intermediate price responsibilities and carefully determine representative of the applicant, that he point percentages will allow an before filing an application that it is able or she has read the form’s instructions applicant to indicate more precisely the to meet the public interest obligations and certifications, and that the contents associated with Stage 2 support if it of the application, its certifications, and minimum amount of support it will ultimately becomes a winning applicant any attachments are true and correct. As accept for an area, and it reduces the in the competition. An applicant’s more fully explained in the following, likelihood of ties. selection as a winning applicant does an applicant may not make major 29. An application must specify a not guarantee that the applicant will modifications to its application after the percentage that implies a support also be deemed qualified to receive application filing deadline. Submitting a amount that is one percent or more of Stage 2 support. Each winning applicant false certification to the Commission an area’s reserve price to be acceptable. must file all required forms, information may result in penalties, including One percent represents a sufficiently and certifications, which the Bureau monetary forfeitures, the forfeiture of small fraction of the model-derived will review to determine if a winning universal service support, license reserve price to serve as a minimum applicant should be authorized to forfeitures, ineligibility to participate in acceptable application for applicants receive support for its winning future auctions, competitions, and/or with legitimate support needs. An applications. criminal prosecution. applicant that requires—or receives—no 22. An entity seeking to participate in 25. After the initial application filing Stage 2 support to build out in an area the Stage 2 Competition must file an deadline, Bureau staff will review all is free to provide service in the area if application electronically via email at timely submitted applications to it wishes, and furthermore, it can do so [email protected] by the determine whether each application without the requirements imposed on deadline announced by the Bureau. complies with the application Stage 2 support recipients. Among other things, an applicant must requirements and has provided all 30. Modifying the Application Form. submit operational and financial required information concerning the As indicated in this document, an entity information demonstrating that it can applicant’s qualifications. After this seeking to participate in the Stage 2 meet the service requirements review is complete, Bureau staff may Competition must file an Application associated with the performance tier contact an applicant regarding minor Form electronically via electronic mail and latency combination(s) for which it application defects that may be to the Bureau at ConnectAmerica@ submits an application. In the following, corrected. Staff will establish a deadline fcc.gov. During the filing window, an the Bureau describes more fully the for resubmitting modified applications. applicant will be allowed to make any information disclosures and After any applications have been necessary permissible modifications to certifications required in the resubmitted, Bureau staff will complete its Application Form through application. An applicant is also subject review of all qualified applications, and resubmission via electronic mail to the to the Commission’s rules prohibiting the selected winners will be announced Bureau. An applicant that has certified certain communications, as explained in in a public notice. and submitted its Application Form the following, beginning on the date the 26. Acceptable Applications. To before the close of the filing window window for filing applications opens. submit an application for support to may continue to make modifications as The Bureau will publish a notice provide service to an area in the Stage often as necessary until the application announcing the window opening date 2 Competition, an applicant must deadline; however, the applicant must and a notice announcing all parties that specify the area, a performance tier and re-certify and resubmit its Application have successfully filed a Stage 2 Fixed latency combination, a Proposal Price, Form before the close of the filing
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15986 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
window to confirm and effect its latest requirements for the Commission’s kind related to the support to be sought application changes. spectrum competitions, an applicant for through the Stage 2 Competition, other 31. After the Application Form filing the Stage 2 Competition must furnish than those disclosed in its application. deadline, a Stage 2 Competition additional or corrected information to For purposes of making the required applicant will be permitted to make the Commission within five business agreement disclosures, if parties agree in only minor changes to its application days after a significant occurrence, or principle on all material terms prior to consistent with the Commission’s rules. amend its Application Form no more the application filing deadline, each An applicant’s ability to modify its than five business days after the applicant should provide a brief Application Form will be limited applicant becomes aware of the need for description of, and identify the other between the closing of the filing the amendment. An applicant is party or parties to, the agreement on its window and the release of the public obligated to amend its pending respective Application Form, even if the notice announcing the Stage 2 application even if a reported change agreement has not been reduced to Competition winning applicants. During may result in the dismissal of the writing. If an applicant has had this period, an applicant will be application because it is subsequently discussions, but it has not reached an permitted to modify only the applicant’s determined to be a major modification. agreement by the close of the filing address, responsible party address, and 35. If, at any time, an applicant needs deadline, it should not include the contact information (e.g., name, address, to make changes in order to maintain matter on its application and may not telephone number, etc.) via the accuracy and completeness of its continue such discussions with any resubmission through electronic mail to application pursuant to § 1.65 of the applicants after the close of the filing the Bureau. Commission’s rules, it must make the window. 32. If an applicant needs to make change(s) by resubmitting its 40. Ownership Disclosure other permissible minor changes to its application with an email to the Bureau, Requirements. Each applicant must Application Form, or changes to which must include a re-certification to comply with the ownership disclosure maintain the accuracy and completeness confirm and effect the change(s). requirements in §§ 1.2112(a) and of its application pursuant to § 1.65 of 36. As with filing the Application 54.315(a)(1) of the Commission’s rules. the Commission’s rules, the applicant Form, any amendment(s) to the Specifically, in completing the must submit a letter briefly application and related statements of application, an applicant must fully summarizing the changes to its fact must be certified by an authorized disclose information regarding the real Application Form via electronic mail to representative of the applicant with party- or parties-in-interest in the the Bureau at [email protected]. authority to bind the applicant. applicant and the ownership structure The email summarizing the changes Applicants should note that submission of the applicant, including both direct must include a subject line referring to of any such amendment or related and indirect ownership interests of 10% the Stage 2 Competition and the name statement of fact constitutes a or more, as prescribed in § 1.2112(a) of of the applicant, for example, ‘‘Re: representation by the person certifying the Commission’s rules. Each applicant Changes to the Stage 2 Competition that he or she is an authorized is responsible for ensuring that Application of XYZ Corp.’’ Any representative with such authority and information submitted in its application attachments to the email must be that the contents of the amendment or is complete and accurate. formatted as Adobe® Acrobat® (PDF) or statement of fact are true and correct. 41. In certain circumstances, an Microsoft® Word documents. 37. Questions about Application Form applicant may have previously filed an 33. An applicant will not be able to amendments should be directed to the FCC Form 602 ownership disclosure modify any other portions of the Telecommunications Access Policy information report or filed a Application Form, and in particular an Division, Wireline Competition Bureau competition application for a previous applicant may not, after the filing at (202) 418–0660. competition in which ownership deadline, add a proposal for an area that information was disclosed. Although an C. Application Requirements it did not submit by the filing deadline applicant might have filed this or subtract a proposal from those areas 38. Disclosure of Agreements. An information using the same FRN, the that it submitted by the filing deadline. applicant must identify in its applicant should resubmit that Major modifications to an Application application all real parties in interest to information in its Application Form. Form (e.g., changes in ownership that any agreements relating to the Each applicant must carefully review would constitute an assignment or participation of the applicant in the any ownership information contained in transfer of control of the applicant, Stage 2 Competition. This disclosure its Application Form, including any change in applicant’s legal classification requirement applies to any ownership attachments, to confirm that that results in a change in control, arrangements with parties that are all information supplied on the change in the area(s) for which applying to participate in the Stage 2 Application Form is complete and proposals are submitted) will not be Competition as well as parties that are accurate as of the application filing permitted after the Application Form not. An applicant that discloses any deadline for the Stage 2 Competition. filing deadline. If an amendment such agreement(s) in its application An applicant should note if there are reporting change is a ‘‘major must also provide a brief description of any changes to information recently modification,’’ the major modification each agreement. submitted. Any information that needs will not be accepted and may result in 39. An applicant must certify under to be corrected or updated must be the dismissal of the application. penalty of perjury in its application that changed in the Application Form. 34. Pursuant to § 1.65 of the it has disclosed all real parties in 42. Specific Universal Service Commission’s rules, each applicant has interest to any agreements involving the Certifications. An applicant must certify a continuing obligation to maintain the applicant’s participation in the Stage 2 that it is in compliance with all accuracy and completeness of Competition. The Bureau requires an statutory and regulatory requirements information furnished in a pending applicant to certify under penalty of for receiving Stage 2 universal service application, including a pending perjury that it has not entered into any support. Alternatively, if expressly application to participate in the Stage 2 explicit or implicit agreements, allowed by the rules specific to a high- Competition. Consistent with the arrangements, or understandings of any cost support mechanism, an applicant
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15987
may certify that it acknowledges that it numbers associated with its spectrum minimize the number of winning must be in compliance with such authorizations, if applicable. An applicants that default because they are requirements before being authorized to applicant that intends to provide service unable to meet their obligations. The receive Stage 2 support. using satellite technology should Bureau staff will review and evaluate 43. In addition, the Bureau requires describe its expected timing for the financial information provided to that an applicant must certify that it will applying for earth station license(s), and assess the reasonableness of the make any default payment that may be an applicant that intends to obtain applicant’s financial qualifications. In required and that it is aware that if its microwave license(s) for backhaul support of its financial showing, an application is shown to be defective, the should describe its expected timing for applicant may choose to submit its (or application may be dismissed without applying for microwave license(s) if its parent company’s) unaudited or further consideration and penalties may these licenses have not already been audited financial statements from the apply. obtained. prior fiscal year, including balance 44. Specific Stage 2 Eligibility 48. To the extent that an applicant sheets, net income and cash flow, to Requirements and Certifications. In the will use licensed spectrum, it should support its application and financial PR–USVI Stage 2 Order, the provide details about how the licensed certification. Staff may request further Commission established that an service area covers its winning information from an application if there applicant must demonstrate its application area(s) (e.g., provide a list of are questions about its qualifications. operational experience and financial geographic areas that the spectrum An applicant will ultimately be qualifications to participate in the Stage license covers and describe how those provided a pass or fail rating on its 2 Competition. Therefore, all applicants areas relate to the application area(s)). In financial qualifications. If an applicant are required to provide the information the Public Notice, the Bureau identifies receives a failing score, its application described in the following in this the spectrum bands that it anticipates will not be reviewed, and the applicant section. could be used for the last mile to meet will be disqualified from competing in 45. An applicant must certify on its the performance obligations and the Stage 2 Competition. Application Form that it has provided indicate whether the spectrum bands 51. An applicant must certify in its voice and/or broadband services since at are licensed or unlicensed. The Bureau application that it will have available least the time period required for filing would expect that a service provider funds for all project costs that exceed the June 30, 2018 FCC Form 477. An operating in these bands could, at a the amount of Stage 2 support to be applicant must specify the number of minimum, offer service meeting the received for the first two years of its years it has been operating and identify requirements for the minimum support term. An applicant must also the services it has provided. An performance tier provided that the describe how the required construction applicant will be deemed to have started service provider is using sufficient will be funded in each territory. The providing a service on the date it began bandwidth in the spectrum band(s) and description should include the commercially offering that service to a technology that can operate on these estimated project costs for all facilities end users. spectrum bands consistent with that are required to complete the 46. An applicant must certify that it applicable U.S. and international rules project, including the costs of (or its parent company, if it is a wholly and regulations. The Bureau notes that upgrading, replacing, or otherwise owned subsidiary) has filed FCC Form the spectrum chart in the Public Notice modifying existing facilities to expand 477s as required during that time is a non-exhaustive list of spectrum coverage or meet performance period. And it must identify the FRNs bands that an applicant could requirements. The estimated costs must it (or its parent company) used to file potentially use to meet its performance be broken down to indicate the costs the FCC Form 477s for the relevant obligations. An applicant is not associated with each proposed service filing periods. The relevant FCC Form precluded from proposing to use a area and must specify how Stage 2 477 filing periods include data as of spectrum band that is not included in support and other funds, if applicable, June 30, 2018; December 31, 2018; June Appendix A of the Public Notice, will be used to complete the project. 30, 2019; and December 31, 2019. The provided that the applicant can The description must include financial Bureau will use FCC Form 477 data for demonstrate that it is reasonably projections demonstrating that the these periods to validate an applicant’s capable of meeting the performance applicant can cover the necessary debt representation on its application. requirements over the entire support service payments over the life of any 47. An applicant that intends to use term for the selected performance tier loans. The Bureau will treat all the wireless technologies to meet the and latency combination(s) using that information included with this relevant Stage 2 public interest spectrum. The Bureau also notes that an submission as confidential and will obligations must demonstrate that it applicant that selects a spectrum band withhold it from routine public currently has sufficient access to listed in in the Public Notice for a inspection. spectrum—either licensed and particular performance tier and latency 52. Each applicant must select in its unlicensed—for each performance combination may not necessarily be application the performance tier (speed combination it selects in each area. deemed eligible for that combination. and usage) and latency combination(s) Specifically, in its application, an 49. An applicant must also certify that for which it intends to apply in each applicant must (i) identify the spectrum the description of the spectrum access is area where it seeks support. For each band(s) it will use for the last mile, accurate and that it will retain such performance combination, an applicant backhaul, and any other parts of the access for at least 10 years after the date must indicate the technology or network; (ii) describe the total amount on which it is authorized to receive technologies it intends to use to meet of uplink and downlink bandwidth (in Stage 2 fixed support. Applications will the associated requirements. The Bureau megahertz) that it has access to in each be reviewed to assess the reasonableness also requires an applicant to spectrum band for the last mile; (iii) of the certification. demonstrate its eligibility to apply for describe the authorizations (including 50. The Commission required all the performance tier and latency leases) it has obtained to operate in the applicants to demonstrate sufficient combination(s) it selects in its spectrum, if applicable; and (iv) list the financial qualifications to participate in application. It is the Bureau’s objective call signs and/or application file the Stage 2 Competition in order to to safeguard consumers from situations
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15988 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
where applicants unable to meet the and will withhold it from routine public of funding authorization. The project specified service requirements divert inspection. plan and included schedule should support from applicants that can meet 56. In the following, the Bureau incorporate detailed information the public interest obligations. provides guidance on how an applicant showing how the applicant plans to 53. An applicant must demonstrate can successfully meet the requirement offer, to all locations in each geographic that it is technically qualified to meet to provide a description of its area, voice and broadband service the relevant Stage 2 public interest technology and system design. meeting the relevant performance obligations in its application areas by Specifically, the Bureau describes the requirements when the system is submitting technical information to types of information it would expect an complete. The project plan and support the operational assertions. An applicant to include, at a minimum, in included schedule should also applicant must submit a detailed a detailed description of its technology incorporate the applicant’s plans for technology and system design and system design in order to monitoring and maintaining the description, including a network demonstrate that it has the technical performance of the service for the diagram that must be certified by a qualifications to meet its Stage 2 duration of the 10-year support term. professional engineer. The professional obligations. The Bureau’s guidance is 58. The network diagram, which must engineer must certify that the network informed by the types of information be certified by a professional engineer, can deliver, to all locations in each that applicants submitted in the CAF II should: geographic area, voice and broadband Auction and for rural broadband • Identify all wireline and wireless service that meets the requisite experiment support. These are also the segments of the proposed networks. performance requirements. types of information about which the • Uniquely identify (i) major network 54. Initial Overview. All applicants Bureau expects a technically qualified nodes including their manufacturer and must submit with their application an applicant will have made preliminary model, as well as their functions, overview of its intended technology and decisions in order to determine how locations, and throughput/capacity; (ii) system design for each area in its much support it would need to meet the access nodes or gateways, including application. The overview must relevant Stage 2 Competition public their technology, manufacturer and describe at a high level how the interest obligations and to begin model, location, and throughput/ applicant will meet its Stage 2 public planning how it will meet the required capacity; and (iii) major inter-nodal interest obligations for the relevant service milestones. links (not last mile), and their performance tier and latency 57. The Bureau expects an applicant, throughput/capacity. combination(s) using Stage 2 support regardless of the technology (or • Indicate how many locations will (e.g., building a new network or technologies) it proposes to use, to: be offered service from each access node expanding an existing network, • Describe the proposed last mile or from each gateway, and which deploying new technology or existing architecture(s) and technologies, middle performance tier or tiers will be technology). This overview should mile/backhaul topology, and the supported at each access node. avoid highly technical terminology or architecture used to provide voice • Indicate what parts of the network jargon unless such language is integral service. will be new deployment and what parts to the understanding of the project. The • Describe the network’s scalability will use the applicant’s or another overview will be made publicly and features that improve reliability party’s existing network facilities. available. (such as redundancy). • Identify specialized nodes used in 55. Detailed Description. All • Indicate whether parts of the providing voice service. applicants must submit with their network will use the applicant’s or • Explain how nodes or gateways are application, for each area, a more another party’s existing network connected to the internet backbone and detailed description of its technology facilities, including non-wireless Public Switched Telephone Network. and system design that describes the facilities extending from the network to 59. Additionally, an applicant that network to be built or upgraded, customers’ locations. For non-wireless proposes to use terrestrial fixed wireless demonstrates the project’s feasibility, facilities that do not yet exist, the technologies should: and includes the network diagram description should indicate whether the • Explain, with technical detail, how certified by a professional engineer. It new facilities will be aerial, buried, or the proposed spectrum can meet or must describe in detail a network that underground. exceed the relevant performance fully supports the delivery of consumer • Provide technical information about requirements at peak usage periods. voice and broadband service that meets the methods, ‘‘rules of thumb,’’ and • Provide the calculations used, for the requisite performance requirements engineering assumptions used to size each performance tier and frequency to all locations in each area by the end the capacity of the network’s nodes (or band, to design the last mile link of the six-year build-out period and for gateways) and links. The information budgets in both the upload and the duration of the 10-year support provided should demonstrate how the download directions at the cell edge, term. It also must contain sufficient required performance for the relevant using the technical specifications of the detail to demonstrate that the applicant performance tier will be achieved expected base station and customer can meet the interim service milestones during periods of peak usage. premise equipment. if it becomes authorized to receive • Provide a project plan that includes • Provide coverage maps for the support. If an applicant submits a a network build-out schedule that planned and/or existing networks that technology and system design includes but is not restricted to plans for will be used to meet the Stage 2 public description that lacks sufficient detail to construction of last mile and middle interest obligations, indicating where demonstrate that the applicant has the mile facilities. The build-out schedule the upload and download speeds will technical qualifications to meet the should show the applicant’s projected meet or exceed the relevant performance relevant Stage 2 obligations, the milestones on an annual basis, tier speed(s). The coverage maps should applicant will be asked to provide including achievement of the interim be provided for each interim and final further details about its proposed service milestones described in the PR– service milestone and should display network. The Bureau will treat all the USVI Stage 2 Order and completion of the required service areas and target information submitted as confidential the network by the end of the sixth year locations (or a representation thereof).
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15989
• Describe the underlying the Stage 2 obligations and the for rulemaking, requests for special propagation model used to prepare the Commission’s rules generally. temporary authority, waiver requests, coverage maps and how the model 63. Applicants should be aware that petitions to deny, petitions for incorporates the operating spectrum, the Stage 2 Competition represents an reconsideration, informal objections, antenna heights, distances, digital opportunity to apply for Stage 2 and applications for review—may relate elevation, and clutter resolutions. support, subject to certain conditions to or affect licensees or applicants for • Describe, for each relevant and regulations. The Stage 2 support in the Stage 2 Competition. performance tier and latency Competition does not constitute an Each applicant is responsible for combination, the base station equipment endorsement by the Bureau or assessing the likelihood of the various that the applicant plans to use. Commission of any particular service, possible outcomes and for considering • Describe the planned customer technology, or product, nor does the the potential impact on Stage 2 support premise equipment configuration. award of Stage 2 support constitute a available through this competition. The 60. Additionally, an applicant that guarantee of business success. due diligence considerations mentioned proposes to use primarily satellite 64. An applicant should perform its in this Public Notice do not comprise an technologies should: due diligence research and analysis exhaustive list of steps that should be • Describe how many satellites that before proceeding, as it would with any undertaken prior to participating in this are in view simultaneously from any new business venture. In particular, the competition. As always, the burden is specific location will be required to Bureau strongly encourages each on the applicant to determine how meet the relevant Stage 2 public interest applicant to review all underlying much research to undertake, depending obligations. Commission orders and to assess all upon specific facts and circumstances • Describe how many uplink and pertinent economic factors relating to related to its interests. the deployment of service in a particular downlink gateway antenna beams will 67. Each applicant is solely area. be required on each satellite, and the responsible for identifying associated 65. Each applicant should perform capacity of each beam in megabits per risks and for investigating and technical analyses or refresh its evaluating the degree to which such second. previous analyses to assure itself that, • Describe how many uplink and matters may affect its ability to apply for should it become authorized to receive or otherwise receive Stage 2 support. downlink user antenna beams will be Stage 2 support, it will be able to build required on each satellite, and the Each applicant is responsible for and operate facilities that fully comply undertaking research to ensure that any capacity of each beam in megabits per with all applicable technical and legal second. support won in this competition will be • requirements and will advertise and suitable for its business plans and Describe how the gateway capacity provide the service to customers. Each is connected to user beams on the needs. Each applicant must undertake applicant should verify the number of its own assessment of the relevance and satellite, in terms of beams and data actual locations within the geographic importance of information gathered as capacity per beam. areas that it proposes to serve in its • part of its due diligence efforts. Describe whether the capacity on application. Each Stage 2 support the uplink and downlink beams would 68. The Bureau makes no recipient will be required to offer representations or guarantees regarding be able to be reallocated once a satellite service meeting the relevant commences operation, if the the accuracy or completeness of requirements to all locations across all information in the Commission’s subscription rate is less in one beam but the winning areas where it is authorized than in another beam. databases or any third-party databases, to receive support. The Bureau provided including, for example, court docketing 61. An applicant must submit with its location counts in the Stage 2 Reserve systems. To the extent the Commission’s application a letter from a bank Price Public Notice, released on databases may not include all acceptable to the Commission, as set December 19, 2019. As described in this information deemed necessary or forth in § 54.1508, committing to issue document and in the following, the desirable by an applicant, an applicant an irrevocable stand-by letter of credit, Commission has adopted a process by must obtain or verify such information in the required form, to the applicant. which support recipients that cannot from independent sources or assume the The letter must, at a minimum, provide identify all locations can demonstrate risk of any incompleteness or the dollar amount of the letter of credit that the number of actual, on-the-ground inaccuracy in said databases. and the issuing bank’s agreement to locations is lower than the number Furthermore, the Bureau makes no follow the terms and conditions of the estimated by the CAM. Such a Commission’s model letter of credit, demonstration must be made within one representations or guarantees regarding attached hereto as Appendix B of the year after the release of the Stage 2 the accuracy or completeness of Public Notice. The Bureau will treat this Competition public notice announcing information that has been provided by letter as confidential trade secrets and/ the winners and will be subject to incumbent licensees and incorporated or commercial information and thus review by the Bureau following into the Commission’s databases. 69. To confirm an applicant’s withhold it from routine public comment by relevant stakeholders and understanding of its obligations, the inspection. potentially an audit. Applicants’ due Bureau requires each applicant to certify 62. Each applicant has sole diligence should be informed by the under penalty of perjury in its responsibility for investigating and availability of and requirements for this application that: evaluating all technical and marketplace process, in addition to other factors. factors that may have a bearing on the 66. The Bureau also reminds each The applicant acknowledges that it has amount of Stage 2 support it will seek applicant that pending and future sole responsibility for investigating and in its application. Each qualified judicial proceedings, as well as certain evaluating all technical, marketplace, and regulatory factors that may have a bearing on applicant is responsible for certifying pending and future proceedings before the level of Uniendo a Puerto Rico Fund or that, if it becomes a winning applicant the Commission—including Connect USVI Fund Stage 2 Fixed high-cost and is ultimately authorized to receive applications, applications for support it submits in its application, and Stage 2 support, it will be able to build modification, notices of proposed that, if the applicant wins support, it will be and operate facilities in accordance with rulemaking, notices of inquiry, petitions able to build and operate facilities in
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15990 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
accordance with the Uniendo a Puerto Rico Stage 2 support. A high-cost ETC may updated DPRP within 10 days of making Fund or Connect USVI Fund Stage 2 also be subject to state-specific any material changes to the DPRP, and obligations and the Commission’s rules requirements imposed by the state that for as long as it receives Stage 2 support. generally. designates it as an ETC. 70. This certification will help ensure 74. An applicant is required to submit D. Procedures for Limited Disclosure of that an applicant acknowledges and with its application a Disaster Application Information accepts responsibility for its application Preparation and Response Plan (DPRP), 78. Consistent with the Commission’s and any forfeitures imposed in the event which will be reviewed by the Bureau practice in the CAF II Auction (Auction of default, and that it will not attempt for completeness. The DPRP should, at 903), Mobility Fund I and Tribal to place responsibility for the a minimum, address in detail how an Mobility Fund I (Auctions 901 and 902) consequences of its activity in this applicant intends to prepare for and and recent spectrum auctions, the process on either the Commission or respond to disasters in Puerto Rico and/ Bureau adopts procedures for limiting any of its contractors. or the U.S. Virgin Islands according to the application information that will be 71. An applicant must acknowledge five criteria: (1) Strengthening disclosed to the public. in its application that it must be Infrastructure; (2) Ensuring Network 79. Specifically, the Bureau will designated as an ETC for the areas in Diversity; (3) Ensuring Backup Power; withhold from the public and other which it will receive support prior to (4) Network Monitoring; and (5) applicants the application information being authorized to receive support. Emergency Preparedness. The detailed listed in the following to help ensure Only ETCs designated pursuant to DPRP must include, for each criterion: anonymous applications and to protect section 214(e) of the Communications • A description of your commitments applicants’ competitively sensitive Act of 1934, as amended (the Act) ‘‘shall to maintain, improve or modify your information. This Bureau will withhold be eligible to receive specific Federal facilities based on reasonably-selected the application information until at least universal service support.’’ Section best practices, checklists and industry after the winning applicants have been 214(e)(2) gives states the primary standards; authorized to receive Stage 2 high-cost responsibility for ETC designation. • commitments that are auditable and support. The application information to However, section 214(e)(6) provides that your agreement to be subject to be withheld includes, but is not limited this Commission is responsible for reasonable audit procedures; and to: processing requests for ETC designation • identification of your employee • The minimum geographic areas when the service provider is not subject official(s) responsible for management selected by an applicant. to the jurisdiction of any state and compliance. • The performance tier and latency commission. Support is disbursed only For each criterion, the Bureau has combination(s) selected by an applicant after the provider receives an ETC provided example best practices, and the associated weight for each designation and satisfies the checklists, and/or standards in combination. requirements. Appendix C of the Public Notice. It may • The applicant’s price percentage(s). 72. The Commission decided that an be useful to consider and/or incorporate • The spectrum access description. applicant need not be an ETC as of the some or all of these materials in • An applicant’s responses to the application filing deadline for the Stage preparing the DPRP; however, the questions in this Public Notice and any 2 Competition, but that it must obtain a Bureau does not endorse any of the supporting documentation submitted in high-cost ETC designation for the areas specific examples, but rather it simply any attachment(s) that are intended to covered by its winning applications provides them as examples that may demonstrate an applicant’s ability to within 60 days after being announced as prove useful. The applicant should meet the public interest obligations for a winning applicant. explain why it believes compliance with each performance tier and latency 73. Absent a waiver, an applicant that any specific standard it identifies will combination that the applicant has fails to obtain the necessary ETC prove adequate to meet the criteria the selected in its application. designations by that deadline will be Bureau sets forth. • Any financial information subject to a forfeiture as described in the 75. As directed by the Commission contained in an applicant’s Stage 2 following, and will not be authorized to and as part of its review of the application for which the applicant has receive Stage 2 support. In addition to application, Bureau staff will review requested confidential treatment under all the requirements for participating in each applicant’s DPRP for completeness, the abbreviated process in § 0.459(a)(4) the Stage 2 Competition, each applicant and may contact the applicant for of the Commission’s rules. should be familiar with the further information. The Bureau will • An applicant’s letter of interest requirements of a high-cost ETC. For provide detailed written notification of from a qualified bank that the bank example, all high-cost ETCs are required the deficiencies, if any, to the carrier would provide a letter of credit to the to offer Lifeline voice and broadband and withhold authorization to receive applicant. service to qualifying low-income support until the support recipient has • The applicant’s DPRP. consumers pursuant to the Lifeline cured the deficiencies. 80. Unlike the typical § 0.459 process, program rules. Moreover, when the 76. Notwithstanding the prohibition which requires that an applicant submit requirement has been fully against major modifications to an a statement of the reasons for implemented, each Stage 2 support application after the submission withholding the information for which recipient will be required to bid on deadline, the Bureau will allow an confidential treatment is sought from Category One telecommunications and applicant to amend its DPRP submission public inspection, an applicant that internet access services in response to a in order to maintain best practices to seeks confidential treatment of the posted FCC Form 470 seeking prepare for and respond to disasters. financial information contained in its broadband service that meets the 77. A support recipient must certify application need not submit a statement connectivity targets for the Schools and annually to USAC that it has recently that conforms with the requirements of Libraries universal service support reviewed the DPRP and considered § 0.459(b) unless and until its request program (E-rate) for eligible schools and whether any changes or revisions were for confidential treatment is challenged. libraries located within any area in a necessary. A support recipient has the Because the Bureau has found in other census block where the ETC is receiving obligation to provide the Bureau with an contexts that financial information that
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15991
is not otherwise publicly available applicant’s applications or application received by a party related to the could be competitively sensitive, it strategies, and from communicating applicant may be deemed to have been permits applicants seeking confidential with any other applicant in any manner received by the applicant under certain treatment of financial information to use the substance of its own, or one circumstances. For example, this abbreviated process. another’s, or any other competing Commission staff have found that, 81. The § 0.459(a)(4) abbreviated applicant’s applications or application where an individual serves as an officer process for requesting confidential strategies during the prohibition period. and director for two or more applicants, treatment may not be used by an The rule provides an exception for the applications and application applicant to request confidential communications between applicants if strategies of one applicant are presumed treatment of any information in its those applicants identify each other on conveyed to the other applicant, and, application other than its financial their respective applications as absent a disclosed agreement that makes information. Thus, an applicant that members of a joint application the rule’s exception applicable, the wishes to seek confidential treatment of arrangement and certify that the shared officer creates an apparent any other portion(s) of its application application identifies all real parties in violation of the rule. must file a regular § 0.459 request for interest to agreements related to the 89. Prohibition Applies Until confidential treatment of any such applicant’s participation in the Deadline. Consistent with § 1.21002, the information with its application (other competition. Consistent with the prohibition of certain communications than responses to the questions in the Commission’s direction in the PR–USVI begins at the application filing deadline Public Notice and associated supporting Stage 2 Order, the Bureau applies a and ends when the winning applicants documentation that the Bureau prohibition identical to § 1.21002 to the are authorized to receive Stage 2 presumes to be competitively sensitive). Stage 2 Competition. support. This request must include a statement of 84. This section provides guidance on 90. Prohibited Communications. the reasons for withholding those the application of the rule during the Consistent with § 1.21002 as applied to portions of the application from public Stage 2 Competition. As in past this Stage 2 Competition, the rule inspection. Additionally, in the event an competitions and auctions for support, prohibits an applicant from applicant’s abbreviated request for the targeted restrictions imposed by the communicating with another applicant confidential treatment of the financial rule are necessary to serve the important only with respect to ‘‘its own, or one information contained in its application public interest in a fair and competitive another’s, or any other competing is challenged, the applicant must submit process. applicant’s application or application a request for confidential treatment of 85. Entities Covered by strategies.’’ Thus, the prohibition does its financial information that conforms Communications Prohibition. not apply to all communications with the requirements of § 0.459 within Consistent with § 1.21002, the between or among applicants; it applies 10 business days after receiving notice prohibition of certain communications to any communication conveying, in of the challenge. that the Bureau adopts will apply to any whole or part, directly or indirectly, the 82. After the winning applicant(s) is party that submits an application to applicant’s or a competing applicant’s authorized to receive Stage 2 fixed participate in the Stage 2 Competition. ‘‘application or application strategies.’’ support, the Bureau no longer has a This prohibition applies to all parties 91. All applicants seeking support in need to preserve the confidentiality of that submit an application by the the competitive proposal process are the contents of applications. deadline regardless of whether such ‘‘competing applicants’’ under the rule. Accordingly, the Bureau will make parties become winning applicants Parties apply to participate in the Stage publicly available all application authorized to receive Stage 2 support. 2 Competition to obtain support from a information, except for an applicant’s 86. ‘‘Applicant’’ for purposes of this fixed budget. As such, applicants are operational information (including its rule includes the entity filing the competing with one another regardless DPRP), letter of interest, and application, each party capable of of whether each seeks to serve different confidential financial information. This controlling the applicant, and each geographic areas with Stage 2 support. approach is consistent with the Bureau’s party that may be controlled by the 92. Business discussions and interest in a transparent competition applicant or by a party capable of negotiations that are unrelated to process and the Commission’s recent controlling the applicant. applications in the Stage 2 Competition practices in the CAF II Auction 903, 87. Subject to the exception described and that do not convey information Mobility Fund Phase I competition and in this document, the prohibition about Stage 2 applications or the Commission’s typical spectrum applies to communications by an application strategies are not prohibited competitions. applicant that are conveyed to another by the rule. Moreover, not all applicant. The prohibition of competition-related information is E. Prohibited Communications and ‘‘communicating in any manner’’ covered by the prohibition. For Compliance With Antitrust Laws includes public disclosures as well as example, communicating merely 83. To help protect competition private communications and indirect or whether a party has or has not applied during the Stage 2 Competition, the implicit communications, as well as to participate in the Stage 2 Competition Bureau incorporates into this process express statements. Consequently, an will not violate the rule. In contrast, the Commission’s rules prohibiting an applicant must take care to determine communicating how a party is applicant from communicating certain whether its Stage 2 Competition-related participating, including specific areas proposal-related information to another communications may reach another and/or tier and latency combinations applicant from the application filing applicant, unless the exception applies. selected, specific price percentages, deadline until awards are announced. 88. Applicants should take special and/or whether or not the party has More specifically, § 1.21002 of the care in circumstances where their submitted an application, would convey Commission’s rules prohibits an officers, directors, and employees may application strategies and would be applicant from cooperating or receive information directly or prohibited. collaborating with any other applicant indirectly relating to any other 93. In the present context, the with respect to its own, or one applicant’s Stage 2 applications or prohibited communications rule will another’s, or any other competing application strategies. Information take effect after applications are due and
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15992 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
continue to be in effect until the Bureau third party, such as a lender, to sign a the Bureau adopts, which is identical to announces the winning applicants that non-disclosure agreement before the 47 CFR 1.21002. are authorized for support. Although applicant communicates any 101. The Bureau cautions, however, there are no subsequent rounds, and information regarding application or that merely filing a certifying statement applicants may not add or subtract application strategy to the third party. as part of an application will not competitive area-specific proposals after Within third-party firms, separate outweigh specific evidence that a that date, it is imperative that an individual employees, such as attorneys prohibited communication has applicant not discuss with any other or competition consultants, may advise occurred, nor will it preclude the applicant any aspect of its application individual applicants on application or initiation of an investigation when and proposals until the winning application strategies, as long as such warranted. The Commission has stated applicants are authorized for support to firms implement firewalls and other that it ‘‘intend[s] to scrutinize carefully comply with the rule. Previously, the compliance procedures that prevent any instances in which applying Commission has found discussions such individuals from communicating patterns suggest that collusion may be related to strategic defaults between the application or application strategies occurring.’’ Any applicant found to have winning auction bidders after the close of one applicant to other individuals violated the prohibition on certain of bidding in an auction to violate the representing separate applicants. communications may be subject to prohibited communications rule. Although firewalls and/or other sanctions. 94. While consistent with § 1.21002 procedures should be used, their 102. Duty to Report Prohibited the Bureau does not prohibit business existence is not an absolute defense to Communications. Consistent with discussions and negotiations among liability if a violation of the rule has § 1.21002(c), the Bureau requires that applicants that are not competition occurred. any applicant that makes or receives a related, each applicant must remain 98. As the Commission has previously communication that appears to violate vigilant not to communicate, directly or explained, in the case of an individual, the prohibition on certain indirectly, information that affects, or the objective precautionary measure of a communications that it adopts must could affect, applications or application firewall is not available. As a result, an report such communication in writing strategy. Certain discussions might individual that is privy to bids or to the Commission immediately, and in touch upon subject matters that could bidding information of more than one no case later than five business days convey cost information and application applicant presents a greater risk of after the communication occurs. An strategies. Such subject areas include, engaging in a prohibited applicant’s obligation to make such a but are not limited to, management, communication. The Bureau will take report continues until the report has sales, local marketing agreements, and the same approach to interpreting the been made. other transactional agreements. prohibited communications rule in the 103. In addition, § 1.65 of the 95. The Bureau cautions applicants Stage 2 Competition. The Bureau Commission’s rules requires an that applications or application emphasizes that whether a prohibited applicant to maintain the accuracy and strategies may be communicated outside communication has taken place in a completeness of information furnished of situations that involve one party given case will depend on all the facts in its pending application and to notify subject to the prohibition pertaining to the case, including who the Commission of any substantial communicating privately and directly possessed what information, what change that may be of decisional with another such party. information was conveyed to whom, significance to that application. Thus, 96. Applicants should use caution in and the status of the competition. § 1.65 requires a Stage 2 Competition their dealings with other parties, such as 99. The Bureau reminds potential applicant to notify the Commission of members of the press, financial analysts, applicants that they may discuss the any substantial change to the or others who might become conduits application or proposals for specific information or certifications included in for prohibited communication of geographic areas with the counsel, its pending application. An applicant is application information. For example, consultant, or expert of their choice therefore required by § 1.65 to report to even though communicating that it has before the application deadline. the Commission any communication the applied to participate in the competition Furthermore, the same third-party applicant has made to or received from will not violate the rule, an applicant’s individual could continue to give advice another applicant after the application statement to the press about the details after the deadline regarding the filing deadline that affects or has the of its application or proposal in the application, provided that no potential to affect its application or competition could give rise to a finding information pertaining to application or application strategy, unless such of a violation of the prohibition on application strategies is conveyed to communication is made to or received certain communications that the Bureau that individual. from an applicant that is a member of adopts. 100. Certification. By submitting an a joint application arrangement 97. Communicating with Third application, each applicant in the Stage identified on the application. Parties. Consistent with § 1.21002, the 2 Competition certifies its compliance 104. Sections 1.65(a) and 1.21002 of Bureau does not prohibit an applicant with the prohibition on certain the Commission’s rules require each from communicating application or communications that the Bureau adopts, applicant in competitive proceedings to application strategies to a third party, consistent with the Commission’s furnish additional or corrected such as a consultant or consulting firm, direction in the PR–USVI Stage 2 Order. information within five days of a counsel, or lender, provided that the In particular, an applicant must certify significant occurrence, or to amend its applicant takes appropriate steps to under penalty of perjury that the application no more than five days after ensure that the third party does not application discloses all real parties in the applicant becomes aware of the need become a conduit for prohibited interest to any agreements involving the for amendment. These rules are communications to other applicants, applicant’s participation in the applying intended to facilitate the competition unless both applicants are parties to a for Stage 2 support. Also, the applicant process by making information that joint application arrangement disclosed must certify that it and all applicable should be publicly available promptly on their respective applications. For parties have complied with and will accessible to all participants and to example, an applicant might require a continue to comply with the prohibition enable the Bureau to act expeditiously
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15993
on those changes when such action is entered. This may apply to an applicant antitrust laws may have occurred, the necessary. For the avoidance of doubt, that is a consortia, joint venture, Commission may refer such allegations the Bureau applies the same partnership, or agreement, to the United States Department of requirement here. understanding, or other arrangement Justice for investigation. If an applicant 105. Procedure for Reporting entered into relating to the Stage 2 is found to have violated the antitrust Prohibited Communications. A party competitive proposal process, including laws or the Commission’s rules in reporting any prohibited any agreement relating to the post- connection with its participation in the communication pursuant to § 1.65 or the competition market structure. Failure to Stage 2 Competition application prohibition the Bureau adopts here (i.e., comply with the Commission’s rules process, it may be subject to a forfeiture a communication that would be can result in enforcement action. and may be prohibited from prohibited by § 1.21001(b), or 109. Additional Information participating further in the Stage 2 § 1.21002(c)) must take care to ensure Concerning Prohibition of Certain Competition and in future competitions that any report of the prohibited Communications. The prohibition the and auctions, among other sanctions. communication does not itself give rise Bureau adopts here is consistent with to a violation of the communications similar rules the Commission has F. Red Light Rule prohibition the Bureau adopts. For applied in other Commission 112. The Commission has adopted example, a party’s report of a prohibited competitions and auctions. Applicants rules, including a provision referred to communication could violate the rule may gain insight into the public policies as the ‘‘red light rule,’’ that implement by communicating prohibited underlying § 1.21002 by reviewing the Commission’s obligation under the information to other applicants through information about the application of Debt Collection Improvement Act of the use of Commission filing procedures these other rules. Decisions applying 1996, which governs the collection of that allow such materials to be made these rules by courts and by the debts owed to the United States, available for public inspection. Commission and its Bureau in other including debts owed to the 106. Parties must file only a single Commission competitions can be found Commission. Under the red light rule, report concerning a prohibited at https://www.fcc.gov/summary-listing- applications and other requests for communication and must file that report documents-addressing-application-rule- benefits filed by parties that have with the Commission personnel prohibiting-certain-communications. outstanding debts owed to the expressly charged with administering Applicants utilizing these precedents Commission will not be processed. the Commission’s competitions. This should keep in mind the specific Applicants seeking to participate in the rule is designed to minimize the risk of language of the rule applied in past Stage 2 Competition are subject to the inadvertent dissemination of decisions, as well as any differences in Commission’s red light rule. Pursuant to information in such reports. Any the context. the red light rule, unless otherwise required reports must be filed consistent 110. Antitrust Laws. Regardless of expressly provided for, the Commission with the instructions set forth in this compliance with the Commission’s will withhold action on an application Public Notice. For the Stage 2 rules, applicants remain subject to the by any entity found to be delinquent in Competition, such reports must be filed antitrust laws, which are designed to its debt to the Commission. with Ryan Palmer, the Chief of the prevent anticompetitive behavior in the 113. Specifically, a red-lighted Telecommunications Access Policy marketplace. Compliance with the applicant seeking to participate in the Division, Wireline Competition Bureau, disclosure of prohibited Stage 2 Competition must pay any by the most expeditious means communications pursuant to the rules debt(s) associated with the red light available. Any such report should be the Bureau adopts in the Public Notice prior to filing its application. If an submitted by email to Mr. Palmer at the will not insulate a party from applicant has not resolved its red light following email address: enforcement of the antitrust laws. For issue(s) prior to filing, its application [email protected]. If you choose instance, a violation of the antitrust will be deemed incomplete. Bureau staff instead to submit a report in hard copy, laws could arise out of actions taking will not process the applicant’s Stage 2 any such report must be delivered only place well before the application filing application, and the applicant will be to: Ryan Palmer, Chief, deadline, when the prohibited deemed not qualified to apply for Stage Telecommunications Access Policy communications rule takes effect. The 2 support. Division, Wireline Competition Bureau, Commission has cited a number of 114. Potential applicants for the Stage Federal Communications Commission, examples of potentially anticompetitive 2 Competition should review their own 445 12th Street SW, Room 5–A426, actions that would be prohibited under records, as well as the Commission’s Washington, DC 20554. antitrust laws: for example, actual or Red Light Display System (RLD), to 107. A party seeking to report such a potential competitors may not agree to determine whether they owe any non- prohibited communication should divide territories in order to minimize tax debt to the Commission and should consider submitting its report with a competition, regardless of whether they try to resolve and pay any outstanding request that the report or portions of the split a market in which they both do debt(s) prior to submitting a application. submission be withheld from public business, or whether they merely The RLD enables a party to check the inspection by following the procedures reserve one market for one and another status of its account by individual FCC specified in § 0.459 of the Commission’s market for the other. Similarly, Registration Numbers (FRNs) and links rules. The Bureau encourages such Commission staff have previously other FRNs sharing the same Tax parties to coordinate with the reminded potential applicants and Identification Number (TIN) when Telecommunications Access Policy others that ‘‘[e]ven where the applicant determining whether there are Division staff about the procedures for discloses parties with whom it has outstanding delinquent debts. The RLD submitting such reports. reached an agreement on the application is available at http://www.fcc.gov/ 108. Disclosure of Agreement Terms. . . . the applicant is nevertheless redlight/. Additional information is Each applicant may be required to subject to existing antitrust laws.’’ available at https://www.fcc.gov/debt_ disclose in its application the specific 111. To the extent the Commission collection/. terms, conditions, and parties involved becomes aware of specific allegations 115. Additionally, the Bureau in any agreement into which it has that suggest that violations of the federal recognizes that a Stage 2 Competition
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15994 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
applicant may incur debt to the independent reviewers for each TABLE 1—OVERALL SCORING— Commission after it files its application application who will not communicate Continued and may fail to pay that debt when due. about the contents or merits of the An applicant should note that the applications prior to issuing a final Overall scoring Points Commission will conduct additional red score. Each reviewer will score light checks prior to authorizing Stage 2 separately, and the final overall score Network Resilience and Redun- support. The Bureau therefore for each competitive proposal will be dancy ...... 80 encourages qualified applicants to the average score of the proposal based Total ...... 270 continue to review their own records as on all scores from reviewers. There will well as the RLD periodically during the be no public comment period on 122. Price Per Location. The Bureau Stage 2 Competition and to resolve and competitive proposals submitted in the will use the Proposal Price submitted by pay all outstanding debts to the Stage 2 Competition. applicants in their Application Form to Commission as soon as possible. The 120. Overall Scoring and Weighting. determine their scores for price per Commission will not authorize any Bureau staff will apply three objective location. The reserve price for each winning applicant to receive Stage 2 factors in scoring and selecting winning geographic area is the maximum amount support until its red light issues have that an applicant may commit to accept been resolved. applicants based upon information provided in each applicant’s in its proposal. An applicant who G. USF Debarment competitive proposal for a specific proposes to accept the reserve price for a geographic area will receive the 116. The Commission’s rules provide geographic area: (1) Price per location; highest score of 100 points for price per for the debarment of those convicted of (2) network performance, including location category. Unlike in the multi- or found civilly liable for defrauding the speed, latency, and usage allowance; round CAF II reverse auction previously high-cost support program. Stage 2 and (3) network resilience and used by the Commission, the Competition applicants are reminded redundancy. For administrative competitive process here is only a single that those rules apply with equal force simplicity in evaluating comprehensive round, so applicants must provide their to the Stage 2 Competition. proposals, applicants shall provide this information in a Microsoft Excel or best price possible in the first instance. III. Evaluating Stage 2 Competition Access format using Schedule B to the 123. The Bureau will subtract one Applications and Proposals Application Form for each geographic point from the high score of 100 for each percentage point the Proposal Price is A. Evaluation of Applications area it seeks Stage 2 support. below the reserve price, as shown in the 117. Evaluation Process Overview. 121. Bureau staff will evaluate each Table 2 herein. Applicants may submit The Bureau strongly encourages each geographic area contained in an a Proposal Price below the reserve price applicant to carefully review its entire applicant’s competitive proposal based to the nearest hundredth of one percent. application, including specific on a 270-point scale, as shown in the In such cases, the Bureau will round the proposals for each geographic area, for table in the following and allocated as percentage to the nearest whole completeness and accuracy. Following follows: 100 points for price per percentage for the purpose of scoring. In an application’s submission to the location, 90 points for network the event two applicants have equal Commission, an applicant is not performance, and 80 points for network overall final scores, the applicant with afforded any opportunity to cure resilience and redundancy. An the lowest Proposal Price will be deficiencies or make major applicant will be assigned a specific selected the winning applicant. For modifications to its competitive point value in each category, and it will example, if an applicant commits to a proposal that may affect Commission receive a final overall score, calculated Proposal Price that is 10.55 percent less staff’s ultimate scoring of proposals. as the average of all scores from than the reserve price, the applicant will However, the Bureau may request Commission staff for each geographic receive an 11-point reduction from the additional information from applicants area for which it seeks support. Price possible 100 points. In the event a to facilitate its review of underlying per location will be given the greatest second applicant submits a Proposal applications. weight; however, a proposal for a Price for the same geographic area that 118. Once the deadline to submit an network with top-notch performance is 10.75 percent less than the reserve application has passed, Bureau staff will and resilience and redundancy can price, thereby also receiving an 11-point determine whether each applicant has prevail over a proposal for a less reduction, and has the same point total complied with the application expensive but less robust and resilient as the first applicant in every other requirements and provided all network to encourage applicants to respect, this later applicant would be information concerning its competitive deploy high-performing, storm- the winning bidder because its Proposal proposal(s). The Bureau will issue a hardened networks. The applicant with Price would be less than the former public notice with each applicant’s the lowest final overall point score out applicant, assuming the final overall proposal status identifying (1) those that of a total of 270 possible points for a score for both applicants’ proposals are complete and (2) those that are geographic area will win support for were equal. Thus, this single-round incomplete or deficient. Eligible that area. In the event of a tied score for competitive process rewards applicants applicants that submit complete a geographic area, the Bureau will select to reveal their best price to increase the proposals will be reviewed as part of the the competitive proposal with the likelihood of being the winning Stage 2 Competition for the Territories lowest price per location. applicant. consistent with the methodology prescribed by the PR–USVI Stage 2 TABLE 1—OVERALL SCORING TABLE 2—PRICE PER LOCATION Order. SCORING 119. The Bureau will select only one Overall scoring Points winner per geographic area in the Price Assigned points Territories. The Bureau staff will score Price Per Location ...... 100 the applications using at least two Network Performance ...... 90 Reserve Price ...... 100
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15995
TABLE 2—PRICE PER LOCATION support, the applicant specifies the exceeding these specified speeds and SCORING—Continued specific speed, usage, and latency in minimum data usage. And staff will Schedule B of the Application Form. assign zero points only if an applicant’s Price Assigned points The Bureau does not require an proposal meets or exceeds speeds of 1 applicant to propose the same network Gbps/500 Mbps with at least 2TB for 1% 100% Below Re- –1 point for each per- performance measures for each monthly usage allowance. Unlike the serve Price. centage below re- geographic area it proposes to provide price per location category, applicants serve voice and broadband service in the do not receive incremental decreases in territory. assigned points for increases in speed or 124. Network Performance. In the PR– 125. Applicants that propose to meet monthly data usage allowance that are USVI Stage 2 Order the Commission these minimum network speed and less than those specified for the next established three tiers for a combination usage requirements will be assigned the performance tier. of network speed and usage allowances, maximum 50 points allotted for this 127. All applicants must provide and two tiers for network latency, as category. services with a maximum roundtrip reflected in Table 3 in the following. 126. To promote the deployment of broadband and voice latency of ≤750 The Bureau requires applicants to advanced networks and access to milliseconds (ms) or less, but the commit to the deployment of a network quality services, the Bureau provides Bureau will give preference to capable of providing a minimum upload point reductions only by meeting applicants with low-latency broadband and download speeds of at least 25/3 specific performance metrics. and voice at or below 100 ms as shown Mbps with at least 200 gigabytes (GB) of Applicants will be given a points in Table 4 herein. Staff will assign high- monthly data usage or a usage reduction if its proposed network speed latency commitments the full 40 points allowance that reflects the average usage and data usage is greater than or equal for this category and assign zero points of a majority of fixed broadband to speeds of 100/20 Mbps and greater for a proposal with low-latency. Similar customers, using Measuring Broadband than or equal to 2 TB of monthly data to speed and usage, applicants do not America data or a similar data source, usage. Staff will assign 25 points out of receive incremental point reductions for whichever is greater. For each a possible 50 points to applicants that latency performance that are between geographic area the applicant seeks commit to deploy networks meeting or 750 ms and 100 ms.
TABLE 3—NETWORK PERFORMANCE SCORING (1 OF 2)—SPEED/USAGE
Assigned Speed Monthly usage allowance points
≥25/3 Mbps ...... ≥200 GB or U.S. median, whichever is higher ...... 50 ≥100/20 Mbps ...... ≥2 TB ...... 25 1 Gbps/500 Mbps ...... ≥2 TB ...... 0
TABLE 4—NETWORK PERFORMANCE SCORING (2 OF 2)—LATENCY
Assigned Latency Requirement points
Low ...... ≤100 ms ...... 0 High ...... ≤750 ms ...... 40
128. Network Resiliency and technology. An applicant will receive a an alternate route to achieving Redundancy. Bureau staff will evaluate score for network resilience based on communications within the network. resiliency and redundancy by assigning the percentage of these technologies, as Specifically, staff will assign no points points for a few key, objective criteria measured by network miles, that for a proposal that includes either a specified in Schedule B of the comprise the entire network within the backup network or path redundancy, Application Form. Bureau staff will geographic area. The Bureau assigns the and staff will assign 20 points to a award a points preference based on the full 60 points for this category to a proposal that includes neither a backup level of resilience an applicant proposes network comprised entirely of aerial network or path redundancy. to build into its network and/or the fiber using standard poles, and provide Applicants must specify the amount of redundancy or diversity it proposes to the greatest preference, with least network miles within the geographic create in its network as measured in amount of points, to an all-buried fiber area that include a backup network, network miles. network. Bureau staff will assign as few path diversity, or both. Bureau staff will 129. Applicants must provide data as zero points for a network resiliency not deduct points for satellite providers concerning its proposed network for solution that relies on all-buried fiber. for redundancy simply based on the each geographic area for evaluation and 130. Finally, Bureau staff will assign availability of a backup satellite path. scoring. Applicants must provide the up to 20 points depending on whether Satellite providers will receive a total network miles within the an applicant proposes a redundancy reduction in points based on the geographic area. Applicants must solution that includes a backup network percentage of locations that it intends to further provide the amount of its total or path diversity. Network diversity reach with a backup network. Although network miles that consists of buried means maintaining a separate scoring will equally reward a carrier for fiber, aerial fiber using standard poles, communications network that can building in either network or path aerial fiber using composite high-wind provide services should the first type diversity, the Bureau encourages rated poles, and fixed wireless fail. Path diversity means that there is carriers to build both into their network
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15996 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
wherever possible as a best practice for building a storm-hardened network.
TABLE 5—NETWORK RESILIENCE AND REDUNDANCY SCORING
Network resilience and redundancy measures Assigned points
Aerial wireline deployment ...... 60. Satellite; fixed wireless end user location connection; microwave backhaul; aerial wireline deployment using high- 40–60 sliding scale. wind rated composite poles. Underground fiber ...... 0–60 sliding scale. Backup network/path diversity ...... 0–20 sliding scale.
B. Confidentiality and Availability of receiving authorization for support. The and suspension or debarment. Competition Information forfeiture amount resulting from an Additionally, a support recipient will be 131. Applicants may request applicant’s default prior to receiving subject to any non-compliance measures confidential treatment of application authorization for support will be subject in conjunction with a methodology for information pursuant to the normal or to adjustment based on the criteria set high-cost support recipients to measure abbreviated § 0.459 processes detailed forth in the Commission’s forfeiture and report speed and latency in the public notice. For a typical guidelines. performance to fixed locations. 134. A winning applicant will be request for confidential treatment, an D. Closing Conditions applicant must submit a statement of subject to the base forfeiture for each the reasons for withholding information separate violation of the Commission’s 137. The Stage 2 Competition window from public inspection. An applicant rules. The Commission defined a for applicants will close on a date to be that seeks confidential treatment of violation as any form of default with announced by the Bureau. No further financial information contained in its respect to the geographic area. In other applications will be accepted after that application need not submit a statement words, there shall be separate violations time. To avoid concerns related to that conforms with the requirements of for each winning geographic area in an electronic or technical errors, the § 0.459(b) unless and until its request application. To ensure that the amount Bureau encourages applicants to submit for confidential treatment is challenged. of the base forfeiture is not ahead of this time and date. The Bureau Notwithstanding an applicant’s request disproportionate to the amount of a will confirm receipt via electronic mail for confidential treatment, the Bureau winning applicant’s application, the of each application received by the will withhold from public inspection Commission decided to limit the total deadline. certain application information until at base forfeiture to five percent of the E. Competition Announcements least after the winning applicants have applicant’s total assigned support for 138. The Bureau will make been authorized to receive support. the application for the support term. 135. In the event of default, the announcements as necessary to report or C. Default Payment Requirements Bureau will notify and identify the next- request information from applicants 132. Forfeiture. Any Stage 2 in-line applicant as the new winning during the Stage 2 Competition. Competition winning applicant will be applicant. The new winning applicant Announcements will be available at the subject to a forfeiture in the event of a will have all the same obligations for FCC’s website. default before it is authorized to begin submitting additional information and F. Competition Results receiving support. A winning applicant filings and obligations as did the initial will be considered in default and will be winning applicant. 139. The Bureaus will determine the subject to forfeiture if it fails to meet the 136. Non-Compliance Measures Post- winning applicants as described document submission deadlines, is Authorization. An applicant that has elsewhere in this Public Notice and will found ineligible or unqualified to received notice from the Commission announce the results in a public notice. receive Stage 2 support by the Bureau, that it is authorized to receive Stage 2 The Bureau will make the final overall and/or otherwise defaults on its support will be subject to non- application scores for all applicants winning applications or is disqualified compliance measures if it fails or is available for public viewing after for any reason prior to the authorization unable to meet its minimum coverage winning applicants are authorized to of support. Any such determination by requirement, other service requirements, receive support. Winning applicants the Bureau shall be final, and a winning or fails to fulfill any other term or will then be required to complete the applicant shall have no opportunity to condition of Stage 2 support. As necessary actions described in this cure through additional submissions, described in the PR–USVI Stage 2 Public Notice to become authorized for negotiations, or otherwise. Agreeing to Order, these measures will scale with support. such payment in the event of a default the extent of non-compliance, and IV. Post—Competition Procedures is a condition for participating in include additional reporting, application in the Stage 2 Competition. withholding of support, support A. Authorization Public Notice 133. The Commission established a recovery, and drawing on the support 140. After the Stage 2 Competition has base forfeiture of $3,000 per census recipient’s letter of credit if the support ended, the Bureau will issue a public block group within a geographic area for recipient cannot pay back the relevant notice declaring the competition closed, any applicant that (i) fails to meet the support by the applicable deadline. A identifying the winning applicants, and document submission deadlines, (ii) is support recipient may also be subject to establishing the deadline for submission found ineligible or unqualified to other sanctions for non-compliance with of further information for authorizing receive support by the Bureau, or (iii) the terms and conditions of Stage 2 support. Winning applicants will file otherwise defaults on its bid or was support, including, but not limited to, the information using ECFS and email disqualified for any reason prior to potential revocation of ETC designations to the Bureau. Details regarding the
VerDate Sep<11>2014 18:27 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15997
submission requirements will be legal counsel clearly stating, subject Stage 2 applicants. By the closing date, provided in the public notice. After the only to customary assumptions, if a winning applicant cannot identify information has been reviewed and is limitations, and qualifications, that, in a actual locations totaling the number considered to be complete, including proceeding under the Bankruptcy Code, announced in the Reserve Price Public the Disaster Preparation and Response the bankruptcy court would not treat the Notice on December 19, 2019, it must Plan, and the winning applicant has letter of credit or proceeds of the letter file its proposed actual location number submitted an acceptable letter of credit of credit as property of the applicant’s and all relevant supporting information, and accompanying Bankruptcy Code bankruptcy estate, or the bankruptcy including maps, studies, certifications, opinion letter as described in the estate of any other applicant-related documents, and any other evidence following, a public notice will be entity requesting issuance of the letter of with the Bureau via electronic mail at released authorizing the winning credit, under section 541 of the [email protected]. The applicant applicant to receive Stage 2 support. Bankruptcy Code. must include geolocation data 144. New and Renewed Letter of (indicating the latitude/longitude and B. Eligible Telecommunications Carrier Credit. A winning application receiving address) for each actual location it can Designation and Certification Stage 2 support may obtain a new or identify and for each winning area. An 141. Within 60 days after the release renewed Letter of Credit after applicant must also include a of the winning applicants public notice, successfully achieving its deployment certification for its assertion. The a winning applicant is required to milestones. When a winning applicant information and evidence submitted submit appropriate documentation of its first obtains a letter of credit, it must be will be subject to potential audit. high-cost ETC designation in all the at least equal to the amount of the first 147. If a winning applicant does not areas for which it will receive support. year of authorized support. Before the need to adjust its deployment Appropriate documentation should winning applicant can receive its next obligation, it must file a certification include the original designation order, year’s support, it must modify, renew, with the Bureau by the close of the any relevant modifications, e.g., or obtain a new letter of credit to ensure window certifying to that effect and expansion of service area or inclusion of that it is valued at a minimum at the accepting the number of locations the wireless, along with any name-change total amount of money that has already Bureau announced in the Reserve Price orders. An applicant is also required to been disbursed plus the amount of Public Notice on December 19, 2019, as provide documentation showing that money that is going to be provided in its location obligation. the designated areas (e.g., census blocks, the next year. 148. Stakeholder Comment Period. wire centers, etc.) cover the relevant 145. The Commission found that, as a Following the window closing date, winning application areas so that it is recipient makes progress towards relevant stakeholders will have 30 days clear that the winning applicant has building its network, it is appropriate to to review and comment on the high-cost ETC status in each winning modestly reduce the value of the letter information submitted by the winning application area. Such documentation of credit in an effort to reduce the cost applicants. There will be no reply could include maps of the applicant’s of maintaining a letter of credit as the comment period for the winning ETC designation area, map overlays of recipient meets certain service applicants. the winning application areas, and/or milestones. Specifically, once an entity 149. Adjustment Order. After the charts listing designated areas. meets the 60 percent service milestone comment period is closed, Bureau staff Additionally, an applicant is required to that entity may obtain a new letter of will review all evidence submitted by submit a letter with its documentation credit or renew its existing letter of the support recipients and all relevant from an officer of the company credit so that it is valued at 90 percent comments. The Bureau will then issue certifying that the applicant’s ETC of the total support amount already an order addressing the recipients’ designation for each state covers the disbursed plus the amount that will be showings, which will establish and relevant areas where the applicant will disbursed the next year. Once the entity announce the final location obligations receive support. meets the 80 percent service milestone for each recipient. that entity may obtain a new letter of E. Five-Year Review C. Letter of Credit and Bankruptcy Code credit valued at 80 percent of the total Opinion Letter support amount already disbursed plus 150. A support recipient may choose 142. After an application has been the amount that will be disbursed the to participate in the voluntary five-year reviewed and is considered to be next year. The letter of credit must review process to reassess its complete, the Commission will issue a remain open until the recipient has deployment obligations. As directed, the public notice identifying each winning certified it has deployed broadband and Bureau will release a public notice applicant that may be authorized to voice service meeting the Commission’s detailing the five-year review process no receive Stage 2 support. No later than 10 requirements to 100% of the required later than the beginning of the fifth year business days after the release of the number of locations, and USAC has of Stage 2 support to provide recipients public notice, an applicant must obtain verified that the entity has fully an opportunity to request reassessment an irrevocable standby letter of credit at deployed. of their deployment obligations. The the value specified in § 54.1508(b) from Bureau expects any request for a bank acceptable to the Commission as D. Location Adjustment Process reassessment will be accompanied by set forth in § 54.1508(c) for each 146. Submission Due Date and specific information, documents, territory where the applicant is seeking Format for Submission. The Bureau evidence and data upon which the to be authorized. The letter of credit expects the adjustment window to open Bureau can make an informed decision. must be issued in substantially the same on or about one year following the This reassessment will allow the Bureau form as set forth in the model letter of notice announcing Stage 2 winning to determine whether to adjust any credit provided in Appendix B of the applicants. The Bureau will announce deployment requirements based on Public Notice. the specific dates of the location newly available data or changed 143. In addition, a winning applicant adjustment submission filing window circumstances such as disruptive will be required to provide with the and stakeholder comment period in the disasters, altered subscribership or letter of credit an opinion letter from public notice announcing the winning significantly decreased revenue due to
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 15998 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
population shifts. In the five-year the onset of, or immediately after a B. Congressional Review Act review process public notice, the disaster event, with reports due each Bureau will establish a public comment time a provider’s restoration status 155. The Commission has determined, period for any support recipient changes. The Bureau notes that support and the Administrator of the Office of requesting reassessment, which will recipients are not required to report Information and Regulatory Affairs, allow public review of the daily via DIRS when there is no change Office of Management and Budget, documentation, data, and evidence put in restoration status, and instead are concurs that these rules are ‘‘non-major’’ forward to support the request. only required to make updates on under the Congressional Review Act, 5 Following the close of the public changes in restoration status when they U.S.C. 804(2). The Commission will comment period, the Bureau will review occur. The only difference from send a copy of this Public Notice to and evaluate the record for each ordinary Commission protocol is that Congress and the Government requesting support recipient. If, based DIRS reporting is mandatory for Stage 2 Accountability Office pursuant to 5 on the Bureau’s review, an adjustment support recipients for as long as a U.S.C. 801(a)(1)(A). of deployment obligations or locations recipient is receiving Stage 2 support. is warranted for any winning applicant, 153. Stage 2 funding recipients that C. Legal Authority the Bureau will announce those changes fail to meet this mandatory DIRS 156. The Bureau establishes in a public notice. reporting obligation may be subject to procedures for the Stage 2 Competition penalties and sanctions through the F. Updating the Disaster Preparation pursuant to the authority contained in withholding of Stage 2 funds and/or and Response Plan sections 1, 2, 4(i), 214, 254, 303(r), 403, disqualification from participating in and 405 of the Communications Act of 151. As indicated in this document, a future Stage 3 mobile support. However, 1934, as amended, 47 U.S.C. 151, 152, winning applicant has the obligation to the Bureau will not impose a penalty or provide the Bureau with an updated sanctions if reporting deadline(s) cannot 154(i), 214, 254, 303(r), 403, and 405, DPRP within ten business days of be met for reasons reasonably beyond a and §§ 1.1, 1.3, 1.425 and 1.429 of the making any material change, and for as participant’s control (e.g. loss of Commission’s rules, 47 CFR 1.1, 1.3, long as it receives Stage 2 support. The communications that precludes access 1.425 and 1.429. failure to update the DPRP may result in to DIRS). In that case, the Bureau withholding of support or D. Supplemental Regulatory Flexibility requires instead that providers begin Analysis disqualification from future and/or resume DIRS reporting according participation in the Commission’s to the reporting schedule as soon as they 157. In the PR–USVI Stage 2 Order, competitive competitions. are reasonably able to do so. the Commission conducted a Final G. Mandatory Filing in Disaster V. Procedural Matters Regulatory Flexibility Analyses (FRFAs) Information Reporting System (DIRS) as required by the Regulatory Flexibility 152. All Stage 2 support recipients are A. Paperwork Reduction Act Analysis Act of 1980, as amended (RFA). The required to perform DIRS reporting 154. This document implements the Bureau anticipated that the Order will when the system is activated. The information collections adopted in the not affect a substantial number of Commission will determine whether to PR–USVI Stage 2 Order and does not carriers and, therefore, certified the activate DIRS in coordination with DHS contain any additional information Order would not affect a substantial and FEMA, and will announce the areas collection(s) subject to the Paperwork number of small entities. that will be covered via public notice Reduction Act of 1995 (PRA), Public 158. This document establishes and electronic mail. Following normal Law 104–13. The Commission is procedures for the Connect America Commission protocol, the Bureau will currently seeking PRA approval for Uniendo a Puerto Rico Fund and continue to activate DIRS and notify information collections related to the Connect USVI Fund Stage 2 providers of its reporting schedule, PR–USVI Stage 2 Competition Competition (PR–USVI Stage 2 typically in advance of an expected application process. Therefore, this Competition or Stage 2 Competition). impending disaster event or document does not contain any new or The procedures established in this immediately after such a disaster. Also modified information collection burden document are consistent with the PR– pursuant to normal Commission for small business concerns with fewer USVI Stage 2 Order and FRFA is not protocol, DIRS reporting obligations than 25 employees, pursuant to the required for this document. begin at the time of DIRS activation, Small Business Paperwork Relief Act of which may be immediately before, at 2002, Public Law 107–198. VI. Contact Information
FCC Email & Webpages ...... [email protected], http://www.fcc.gov. General Uniendo a Puerto Rico Fund and Connect USVI Fund Ques- Wireline Competition Bureau Telecommunications Access Policy Divi- tions. sion, Alex Minard, Rebekah Douglas, Dangkhoa Nguyen, (202) 418– 0660. Press Information ...... Office of Media Relations, (202) 418–0500. FCC Forms ...... (800) 418–3676 (outside Washington, DC), (202) 418–3676 (in the Washington area), http://www.fcc.gov/formpage.html. Accessible Formats: Braille, large print, electronic files, or audio format Consumer and Governmental Affairs Bureau, (202) 418–0530 or (202) for people with disabilities. 418–0432 (TTY), [email protected]. Small Businesses: Additional information for small and disadvantaged Office of Communications Business Opportunities, (202) 418–0990, businesses. http://www.fcc.gov/ocbo/.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 15999
Federal Communications Commission The complete text of this document is Modernization proceeding. Under those Kirk Burgee, also available for public inspection and procedures, commercial and Chief of Staff, Wireline Competition Bureau. copying during regular business hours noncommercial full-power and Class A [FR Doc. 2020–05508 Filed 3–19–20; 8:45 am] in the FCC Reference Information television stations are already required BILLING CODE 6712–01–P Center, Federal Communications to provide a current email address and Commission, 445 12th Street SW, CY– phone number in their online public A257, Washington, DC 20554. inspection file (OPIF) for carriage- FEDERAL COMMUNICATIONS Alternative formats are available for related questions no later than July 31, COMMISSION people with disabilities (Braille, large 2020, and maintain up-to-date contact print, electronic files, audio format) by information at all times thereafter. 47 CFR Parts 74 and 76 sending an email to [email protected] or Requiring cable operators to deliver calling the Commission’s Consumer and notices to this email address will help [MB Docket Nos. 19–165, 17–105; FCC 20– 8; FRS 16516] Governmental Affairs Bureau at (202) ensure that notices are sent to the 418–0530 (voice), (202) 418–0432 correct inbox without imposing any new Electronic Delivery of Notices to (TTY). obligations on these stations. Because the email address must be kept up-to- Broadcast Television Stations; Synopsis Modernization of Media Regulation date, cable operators will easily be able Initiative 1. We adopt the proposal to require to identify the email address that is electronic delivery of certain notices current for purposes of sending notices AGENCY: Federal Communications that cable operators are required to to a television station. In addition, if Commission. provide to broadcast television stations questions arise pertaining to the notices, ACTION: Final rule. under our existing rules. To harmonize cable operators will be able to call the the rules applicable to cable operators station at the phone number provided. SUMMARY: In this document, the Federal and direct broadcast satellite (DBS) 3. We conclude that transitioning the Communications Commission (FCC or providers, we extend the same treatment notices from paper to electronic delivery Commission) modernizes its rules to the notices that DBS providers are will serve the public interest. As regarding certain written notices that required to provide to broadcast discussed above, the Commission has cable operators and direct broadcast television stations under our existing already taken similar steps with respect satellite (DBS) providers are required to rules. We conclude that it will serve the to various other notices and filings provide to broadcast television stations. public interest and enhance required by our rules. In doing so, the Rather than continuing to require that administrative efficiency to harmonize Commission found that the benefits of cable and DBS providers deliver these the notification rules discussed herein transitioning the notices from paper to notices on paper, the Commission is for cable operators and DBS providers electronic delivery include reducing the revising its rules to require that the with our modernized carriage election costs, administrative burdens, and notices be delivered to broadcast notice procedures for broadcast environmental waste associated with television stations electronically via television stations. paper notices. Consistent with these email. 2. As proposed in the notice of previous determinations, we conclude DATES: proposed rulemaking (NPRM) (84 FR that requiring notices under § 76.64(k) Effective Date: April 20, 2020. 37979, August 5, 2019), we will require and subpart T to be delivered to Compliance Date: Compliance will that cable operators use email to deliver broadcast television stations via email not be required for 47 CFR 74.779, notices to broadcast television stations will reduce burdens on all parties and 76.54(e), 76.64(k), 76.66(d)(1)(iv), in the following circumstances: ensure that notices are still received in (d)(2)(ii), (v), and (vi), (d)(3)(iv), (d)(5)(i), informing local broadcast stations that a a timely manner, while reducing (f)(3) and (4), and (h)(5), 76.1600(e), new cable system intends to commence environmental waste. 76.1607, 76.1608, 76.1609, and service (§ 76.64(k)); sending required 4. Perhaps not surprisingly, we find 76.1617(a) and (c) until the Commission information to local broadcast stations unanimous support in the record for publishes a document in the Federal when a new cable system is activated transitioning these notices from paper to Register announcing the compliance (§ 76.1617); notifying a television station electronic delivery. Cable operators and date. about the deletion or repositioning of its broadcasters commenting in this signal (§ 76.1601); informing stations of proceeding agree that electronic FOR FURTHER INFORMATION CONTACT: a change in the designation of the delivery will reduce the time and Christopher Clark, Industry Analysis principal headend of a cable operator money spent on the required notices, Division, Media Bureau, at (§ 76.1607); informing stations that a enable quicker, more effective [email protected] or (202) 418– cable operator intends to integrate two communication of necessary 2609. cable systems, requiring a uniform information, and decrease the SUPPLEMENTARY INFORMATION: This is a carriage election (§ 76.1608); and environmental waste generated by paper summary of the Commission’s Report notifying stations that a cable system notices. As the National Cable and and Order, FCC 20–8, in MB Docket serves 1,000 or more subscribers and is Telecommunications Association Nos. 19–165 and 17–105, adopted on no longer exempt from the (NCTA) explains, electronic notices January 30, 2020, and released on Commission’s network non-duplication need not be printed, posted, or tracked January 31, 2020. The complete text of and syndicated exclusivity rules to ensure they reach their destination, this document is available electronically (§ 76.1609). To ensure that television making them far less expensive and via the FCC’s Electronic Document stations continue to receive these much less administratively burdensome Management System (EDOCS) website important notices, we will require that than paper notices. Because email at https://www.fcc.gov/document/fcc- cable operators deliver the notices to the transmission is nearly instantaneous modernizes-delivery-mvpd-notices- email address that the station designates and paper delivery methods often take broadcast-tv-stations-0. Documents will for carriage-related questions in up to several days, transitioning from be available electronically in ASCII, accordance with the procedures adopted paper notices to email will also help Microsoft Word, and/or Adobe Acrobat. in the Carriage Election Notice ensure that broadcasters receive notices
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 16000 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
much faster than they do currently. an OPIF, we will require that notices be sufficient to satisfy the notice Further, as America’s Communications delivered to the general email address requirements in § 76.64(k) and subpart Association (ACA) and NCTA attest, listed for the licensee in our Licensing T. After July 31, 2020, non-Class A allowing the notices to be delivered via and Management System (LMS). Unlike LPTV stations must be prepared to email is consistent with the way full-power and Class A television respond to carriage questions directed to companies do business today. Public stations, non-Class A LPTV stations are the licensee’s email address and phone television broadcasters similarly not subject to our OPIF rules and will number (not a contact representative’s support the use of email for notices to therefore need to use alternative means email address and phone number, if full-power noncommercial television other than the OPIF to publicize an different) as displayed publicly in LMS stations, and the National Association of email address and phone number for and must ensure that this information is Broadcasters (NAB) suggests that email receiving notices from cable operators. kept up-to-date in LMS. We conclude would be acceptable for delivering We agree with commenters that cable that relying on this existing information notices to low-power television (LPTV) operators should be able to consult a in LMS will ensure that cable operators stations. No commenter disputes our single Commission website or database are able to identify contact information authority to require that cable operators to obtain contact information for easily for notices to non-Class A LPTV deliver notices via email. And we delivering notices to non-Class A LPTV stations without imposing additional conclude, consistent with our previous stations, rather than having to attempt to burdens on stations or the Commission. finding, that emailing television stations locate this information on each station’s LPTV stations are responsible for the the information required by § 76.64(k) website. While some commenters accuracy of this contact information, and subpart T of our rules satisfies the suggest the Commission should and cable operators may rely on its ‘‘written notice’’ requirement in sections establish a new means to collect and accuracy at any time after July 31, 2020, 614(b)(9) and 615(g)(3) of the share such contact information, we find for purposes of delivering the notices Communications Act of 1934, as that the information such stations are required by § 76.64(k) and subpart T of amended, because ‘‘it is reasonable to already required to provide in LMS is the Commission’s rules. interpret the term ‘written information’ sufficient for this purpose. When 8. Similarly, with respect to qualified . . . to include information delivered by submitting a broadcast license noncommercial educational (NCE) email.’’ application in LMS, an applicant is translator stations, we agree with the 5. Given the unanimous support in required to provide contact information, public broadcasting organizations that the record for transitioning from paper including an email address and phone there is no need to adopt a new email to electronic delivery of notices from number, for itself and any contact posting requirement for such stations. cable operators to broadcast television representatives listed on the form. Thus, stations, we see no reason to retain Rather, we will require that after July each LPTV station that has filed a 31, 2020, § 76.64(k) and subpart T paper delivery as an option for the license application in LMS should notices required by § 76.64(k) and notices to a qualified NCE translator already have an email address and station must be delivered to the email subpart T of our rules. Indeed, no phone number listed in LMS. LPTV commenter in this proceeding asserts address listed for the licensee (not a stations may add or update this contact representative, if different from that we should retain such an option. To information easily by filing an the contrary, ACA cautions that the licensee) in LMS, or alternatively to Administrative Update for a LPTV/ the primary station’s carriage-related exempting some broadcasters from Translator Station Application in LMS. receiving the notices electronically email address, if the translator station After submission, this contact would substantially negate the benefits does not have its own email address information is publicly available in LMS of our decision today to move to listed in LMS. Like LPTV and other via the Facility Details page, which may electronic distribution of the notices. broadcast stations, qualified NCE be accessed by doing a Facility Search We agree with ACA that requiring cable translator stations are already required and then clicking the relevant Facility operators to deliver notices to some to provide general contact information, ID Number in the Facility Search broadcast stations via email and other including an email address and phone results. stations via paper delivery would number, when filing license introduce unnecessary complexity and 7. We conclude that notices to non- applications in LMS. While it is additional costs, which could pose Class A LPTV stations should be possible that some qualified NCE challenges, particularly for small cable delivered to the licensee’s email translator stations have yet to submit a operators with limited resources. address, rather than a contact filing in LMS, we expect that by the end Similarly, we believe that allowing representative’s email address (if of the next cycle for television license some cable operators to continue using different from the licensee’s email renewal applications in 2023, all such paper delivery to distribute the notices address), to ensure that all such notices stations will have submitted an would impose unnecessary burdens and are delivered consistently to the same application requiring them to provide costs on broadcast television stations. inbox in cases where a station an email address and phone number in To streamline delivery of the notices designates a third party as a contact LMS. We conclude that delivering and reduce the associated costs and representative or designates multiple relevant notices to the primary station’s burdens for all parties, we adopt email types of contact representatives. carriage-related email address is as the required means for delivering Accordingly, we will require that after sufficient for providing electronic notices to broadcast television stations July 31, 2020, § 76.64(k) and subpart T notices to qualified NCE translator under § 76.64(k) and subpart T of our notices to LPTV stations that are stations that have no email address rules. Accordingly, we will require that entitled to such notices but that lack listed in LMS. Unlike an LPTV station, after July 31, 2020, cable operators must Class A status must be delivered to the a qualified NCE translator station is deliver to broadcast television stations email address listed for the licensee (not associated with the primary station that electronically via email the notices a contact representative, if different authorizes the retransmission of its required by the rules listed above. from the licensee) in LMS. Delivering signal by the translator station. To the 6. For LPTV stations that are entitled notices to the email address listed for extent a qualified NCE translator station to notices but not required to maintain the contact representative is not and its primary station are not owned by
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 16001
the same party, we expect that the such facility); and 76.66(h)(5) (deletion Final Regulatory Flexibility Analysis owner of the primary station will inform of duplicating signal or addition of 14. As required by the Regulatory the translator station promptly upon formerly duplicating signal). DISH and Flexibility Act of 1980, as amended receiving relevant notices. Because the DIRECTV support the NPRM’s proposal (RFA), an Initial Regulatory Flexibility Commission’s rules prohibit a TV to require that DBS providers deliver Analysis (IRFA) was incorporated in the translator station from rebroadcasting these notices electronically via email, notice of proposed rulemaking (NPRM) the programs of a TV broadcast station and no commenter opposes such a in MB Docket No. 19–165. The without obtaining the TV broadcast requirement. Commission sought written public 11. No commenter disputes our station’s prior consent, we anticipate comments on proposals in the NPRM, authority to adopt rules requiring that that there will be an existing including comment on the IRFA. The DBS operators deliver these notices via relationship between a qualified NCE Commission received no direct email. We believe it will serve the translator station and its primary station comments on the IRFA. The present public interest and enhance even where the stations are not owned Final Regulatory Flexibility Analysis by the same party. Moreover, we believe administrative efficiency to have a (FRFA) conforms to the RFA. consistent approach for delivery of that the primary station will have every 15. Need for, and Objectives of, the notices discussed herein. We agree with incentive to inform its affiliated Report and Order. In the Report and DISH and DIRECTV that, given our translator station of relevant notices Order, the Commission takes additional previous decision to require electronic quickly in order to maintain or expand steps to modernize certain notice delivery of carriage election notices, the reach of its programming. provisions in part 76 of the 9. To effectuate these changes, we add failure to allow email delivery of the Commission’s rules governing to § 76.1600 of our rules a new notices required by §§ 76.54(e) and multichannel video and cable television subsection requiring that notices 76.66 will result in disproportionate service. Currently, these rules require provided by cable operators to broadcast burdens on DBS providers and television stations under § 76.64(k) and broadcasters, and raise logistical and that cable operators and other subpart T must be delivered via email operational challenges. Accordingly, we multichannel video programming as discussed herein. To avoid potential require that after July 31, 2020, DBS distributors (MVPDs) provide certain discrepancies with § 76.1600 as revised providers must deliver to broadcast written notices to broadcast stations by herein, we also add language to television stations electronically via paper delivery, such as mail, certified §§ 76.64(k), 76.1607, 76.1608, 76.1609, email the notices required by the rules mail, or, in some instances, hand and 76.1617 to reflect our decision to listed above. Such notices must be delivery. Section 76.64(k) and subpart T require that cable operators deliver the delivered to the same email address the of the Commission’s rules contain notices required by these rules station designates for carriage-related written notification requirements for electronically to broadcast television questions, as discussed above for the cable operators, and §§ 76.54(e) and stations via email in accordance with notices from cable operators. We revise 76.66 of the Commission’s rules contain revised § 76.1600. In addition, we codify our rules accordingly. written notification requirements for the requirements discussed above for 12. Paperwork Reduction Act direct broadcast satellite (DBS) LPTV and qualified NCE translator Analysis. This document contains new providers. The rules require written stations. Further, as proposed in the or modified information collection notice to a local broadcast television NPRM, we make a minor correction to requirements subject to the Paperwork station prior to deleting or repositioning our rules in part 74 by moving our Reduction Act of 1995 (PRA), Public the station, changing the location of the existing channel sharing rule for LPTV Law 104–13. The requirements will be principal headend or local receive and TV translator stations from subpart submitted to the Office of Management facility, or commencing service in a H (Low Power Auxiliary Stations) to and Budget (OMB) for review under market, among other things. subpart G (Low Power TV, TV section 3507(d) of the PRA. OMB, the 16. The Report and Order revises the Translator, and TV Booster Stations). general public, and other Federal Commission’s rules to require that cable Because the rules in subpart G apply to agencies are invited to comment on the operators deliver notices electronically LPTV stations, TV translator stations, new or modified information collection to broadcast television stations in the and TV booster stations, subpart G is a requirements contained in this following circumstances: Informing more appropriate location for § 74.799 proceeding. In addition, we note that local broadcast stations that a new cable than subpart H, which contains rules for pursuant to the Small Business system intends to commence service low power auxiliary stations that Paperwork Relief Act of 2002, Public (§ 76.64(k)); sending required transmit over distances of Law 107–198, see 44 U.S.C. 3506(c)(4), information to local broadcast stations approximately 100 meters for uses such we previously sought specific comment when a new cable system is activated as wireless microphones, cue and on how the Commission might further (§ 76.1617); notifying a television station control communications, and reduce the information collection about the deletion or repositioning of its synchronization of TV camera signals. burden for small business concerns with signal (§ 76.1601); informing stations of 10. We adopt the same approach fewer than 25 employees. a change in the designation of the outlined above for the notices that DBS 13. Congressional Review Act. The principal headend of a cable operator providers currently are required to Commission has determined, and the (§ 76.1607); informing stations that a provide to broadcast television stations Administrator of the Office of cable operator intends to integrate two pursuant to the following rules: Information and Regulatory Affairs, cable systems, requiring a uniform §§ 76.54(e) and 76.66(d)(5) (intent to Office of Management and Budget, carriage election (§ 76.1608); and retransmit ‘‘significantly viewed’’ out- concurs that this rule is ‘‘non-major’’ notifying stations that a cable system of-market station); 76.66(d)(2) (intent to under the Congressional Review Act, 5 serves 1,000 or more subscribers and is launch new local-into-local or HD carry- U.S.C. 804(2). The Commission will no longer exempt from the one, carry-all service); 76.66(d)(1)(vi) send a copy of this Report and Order to Commission’s network non-duplication and (d)(3)(iv) (response to carriage Congress and the Government and syndicated exclusivity rules requests); 76.66(f)(3) and (4) (location of Accountability Office pursuant to 5 (§ 76.1609). After July 31, 2020, cable local receive facility or intent to relocate U.S.C. 801(a)(1)(A). operators must deliver required notices
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 16002 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
to full-power and Class A television the term ‘‘small business’’ has the same under the definition in the stations electronically via email to the meaning as the term ‘‘small business Communications Act. inbox that the station designates for concern’’ under the Small Business Act. 23. We also note that there currently carriage-related questions in its online A small business concern is one which: are 182 cable antenna relay service public inspection file (OPIF). Similarly, (1) Is independently owned and (CARS) licensees. The Commission, notices to LPTV stations must be operated; (2) is not dominant in its field however, neither requests nor collects delivered to the email address listed for of operation; and (3) satisfies any information on whether CARS licensees the licensee (not a contact additional criteria established by the are affiliated with entities whose gross representative, if different from the SBA. Below, we provide a description of annual revenues exceed $250 million. licensee) in the Commission’s Licensing such small entities, as well as an Although some CARS licensees may be and Management System (LMS), and estimate of the number of such small affiliated with entities whose gross notices to qualified noncommercial entities, where feasible. annual revenues exceed $250 million, educational (NCE) translator stations 21. Cable Companies and Systems we are unable at this time to estimate must be delivered to the email address (Rate Regulation Standard). The with greater precision the number of listed for the licensee in LMS (not a Commission has also developed its own CARS licensees that would qualify as contact representative, if different from small business size standards, for the small cable operators under the the licensee) or alternatively the purpose of cable rate regulation. Under definition in the Communications Act. primary station’s carriage-related email the Commission’s rules, a ‘‘small cable 24. Direct Broadcast Satellite (DBS) address, if the translator station does not company’’ is one serving 400,000 or Service. DBS service is a nationally have its own email address listed in fewer subscribers nationwide. The distributed subscription service that LMS. Commission determined that this size delivers video and audio programming 17. The Report and Order also standard equates approximately to a size via satellite to a small parabolic dish requires that DBS providers similarly standard of $100 million or less in antenna at the subscriber’s location. use email to deliver to broadcast annual revenues. In addition, under the DBS is now included in SBA’s television stations the notices required Commission’s rules, a ‘‘small system’’ is economic census category ‘‘Wired by the following rules: §§ 76.54(e) and a cable system serving 15,000 or fewer Telecommunications Carriers.’’ The 76.66(d)(5) (intent to retransmit subscribers. Industry data indicate that Wired Telecommunications Carriers ‘‘significantly viewed’’ out-of-market there are currently 4,300 active cable industry comprises establishments station); 76.66(d)(2) (intent to launch systems in the United States. Of this primarily engaged in operating and/or new local-into-local or HD carry-one, total, 3,550 cable systems have fewer providing access to transmission carry-all service); 76.66(d)(1)(vi) and than 15,000 subscribers, and 750 facilities and infrastructure that they (d)(3)(iv) (response to carriage requests); systems have 15,000 or more. Thus, we own and/or lease for the transmission of 76.66(f)(3) and (4) (location of local estimate that most cable systems are voice, data, text, sound, and video using receive facility or intent to relocate such small entities. wired telecommunications networks. facility); and 76.66(h)(5) (deletion of 22. Cable System Operators Transmission facilities may be based on duplicating signal or addition of (Telecommunications Act Standard). a single technology or combination of formerly duplicating signal). Through The Act also contains a size standard for technologies. Establishments in this this Report and Order, the Commission a small cable system operator, which is industry use the wired continues its efforts to update its rules ‘‘a cable operator that, directly or telecommunications network facilities and eliminate outdated requirements. through an affiliate, serves in the that they operate to provide a variety of 18. Summary of Significant Issues aggregate fewer than 1 percent of all services, such as wired telephony Raised by Public Comments in Response subscribers in the United States and is services, including VoIP services, wired to the IRFA. No comments were filed in not affiliated with any entity or entities (cable) audio and video programming direct response to the IRFA. whose gross annual revenues in the distribution; and wired broadband 19. Response to Comments by the aggregate exceed $250,000,000.’’ There internet services. By exception, Chief Counsel for Advocacy of the Small are approximately 49,011,210 cable establishments providing satellite Business Administration. Pursuant to video subscribers in the United States television distribution services using the Small Business Jobs Act of 2010, today. Accordingly, an operator serving facilities and infrastructure that they which amended the RFA, the fewer than 490,112 subscribers shall be operate are included in this industry. Commission is required to respond to deemed a small operator if its annual The SBA determines that a wireline any comments filed by the Chief revenues, when combined with the total business is small if it has fewer than Counsel for Advocacy of the SBA and to annual revenues of all its affiliates, do 1,500 employees. Economic census data provide a detailed statement of any not exceed $250 million in the for 2012 indicate that 3,117 wireline change made to the proposed rules as a aggregate. Based on available data, we companies were operational during that result of those comments. The Chief find that all but five incumbent cable year. Of that number, 3,083 operated Counsel did not file any comments in operators are small entities under this with fewer than 1,000 employees. Based response to this proceeding. size standard. We note that the on that data, we conclude that the 20. Description and Estimate of the Commission neither requests nor majority of wireline firms are small Number of Small Entities To Which collects information on whether cable under the applicable standard. Rules Will Apply. The RFA directs system operators are affiliated with Currently, however, only two entities agencies to provide a description of, and entities whose gross annual revenues provide DBS service, which requires a where feasible, an estimate of the exceed $250 million. Although it seems great deal of capital for operation: number of small entities that may be certain that some of these cable system DIRECTV (owned by AT&T) and DISH affected by the proposed rules, if operators are affiliated with entities Network. DIRECTV and DISH Network adopted. The RFA generally defines the whose gross annual revenues exceed each report annual revenues that are in term ‘‘small entity’’ as having the same $250 million, we are unable at this time excess of the threshold for a small meaning as the terms ‘‘small business,’’ to estimate with greater precision the business. Accordingly, we conclude ‘‘small organization,’’ and ‘‘small number of cable system operators that that, in general, DBS service is provided governmental jurisdiction.’’ In addition, would qualify as small cable operators only by large firms.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 16003
25. Open Video Services. Open Video video distribution facilities that use be 380. The Commission does not Service (OVS) systems provide closed transmission paths without using compile and does not have access to subscription services. The open video any public right-of-way. They acquire information on the revenue of NCE system framework was established in video programming and distribute it via stations that would permit it to 1996, and is one of four statutorily terrestrial wiring in urban and suburban determine how many such stations recognized options for the provision of multiple dwelling units such as would qualify as small entities. video programming services by local apartments and condominiums, and 29. We note, however, that in exchange carriers. The OVS framework commercial multiple tenant units such assessing whether a business concern provides opportunities for the as hotels and office buildings. SMATV qualifies as ‘‘small’’ under the above distribution of video programming other systems or PCOs are now included in definition, business (control) affiliations than through cable systems. Because the SBA’s broad economic census must be included. Our estimate, OVS operators provide subscription category, ‘‘Wired Telecommunications therefore, likely overstates the number services, OVS falls within the SBA Carriers,’’ which was developed for of small entities that might be affected small business size standard covering small wireline firms. Under this by our action, because the revenue cable services, which is ‘‘Wired category, the SBA deems a wireline figure on which it is based does not Telecommunications Carriers.’’ The business to be small if it has 1,500 or include or aggregate revenues from SBA has developed a small business fewer employees. Census data for 2012 affiliated companies. In addition, size standard for this category, which is: indicate that in that year there were another element of the definition of All such firms having 1,500 or fewer 3,117 firms operating businesses as ‘‘small business’’ requires that an entity employees. To gauge small business wired telecommunications carriers. Of not be dominant in its field of operation. prevalence for the OVS service, the that 3,117, 3,059 operated with 999 or We are unable at this time to define or Commission relies on data currently fewer employees. Based on this data, we quantify the criteria that would available from the U.S. Census for the estimate that a majority of operators of establish whether a specific television year 2012. According to that source, SMATV/PCO companies were small broadcast station is dominant in its field there were 3,117 firms that in 2012 were under the applicable SBA size standard. of operation. Accordingly, the estimate Wired Telecommunications Carriers. Of 27. Television Broadcasting. This of small businesses to which rules may these, 3,059 operated with less than Economic Census category ‘‘comprises apply does not exclude any television 1,000 employees. Based on this data, the establishments primarily engaged in station from the definition of a small majority of these firms can be broadcasting images together with business on this basis and is therefore considered small. In addition, we note sound.’’ These establishments operate possibly over-inclusive. that the Commission has certified some television broadcast studios and 30. There are also 387 Class A stations. Given the nature of these OVS operators, with some now facilities for the programming and services, the Commission presumes that providing service. Broadband service transmission of programs to the public. all of these stations qualify as small providers (BSPs) are currently the only These establishments also produce or entities under the applicable SBA size significant holders of OVS certifications transmit visual programming to standard. In addition, there are 1,900 or local OVS franchises. The affiliated broadcast television stations, LPTV stations and 3,631 TV translator Commission does not have financial or which in turn broadcast the programs to stations. Given the nature of these employment information regarding the the public on a predetermined schedule. Programming may originate in their own services as secondary and in some cases entities authorized to provide OVS, studio, from an affiliated network, or purely a ‘‘fill-in’’ service, we will some of which may not yet be from external sources. The SBA has presume that all of these entities qualify operational. Thus, at least some of the created the following small business as small entities under the above SBA OVS operators may qualify as small size standard for such businesses: Those small business size standard. entities. The Commission further notes having $41.5 million or less in annual 31. Description of Reporting, that it has certified approximately 45 receipts. The 2012 Economic Census Recordkeeping, and Other Compliance OVS operators to serve 116 areas, and reports that 751 firms in this category Requirements for Small Entities. As some of these are currently providing operated in that year. Of this number, discussed above, this Report and Order service. Affiliates of Residential 656 had annual receipts of less than $25 takes additional steps to update certain Communications Network, Inc. (RCN) million, 25 had annual receipts ranging notice provisions in part 76 of the received approval to operate OVS from $25 million to $49,999,999, and 70 Commission’s rules governing systems in New York City, Boston, had annual receipts of $50 million or multichannel video and cable television Washington, DC, and other areas. RCN more. Based on this data we therefore service. The existing rules require that has sufficient revenues to assure that estimate that the majority of commercial cable operators and other MVPDs they do not qualify as a small business television broadcasters are small entities provide certain written notices to entity. Little financial information is under the applicable SBA size standard. broadcast stations by paper delivery, available for the other entities that are 28. Additionally, the Commission has such as mail, certified mail, or, in some authorized to provide OVS and are not estimated the number of licensed instances, hand delivery. The Report yet operational. Given that some entities commercial television stations to be and Order revises the Commission’s authorized to provide OVS service have 1,380. Of this total, 1,267 stations (or rules to require that cable operators and not yet begun to generate revenues, the 91.8%) had revenues of $41.5 million or DBS providers distribute these notices Commission concludes that up to 44 less in 2018, according to Commission to broadcast television stations OVS operators (those remaining) might staff review of the BIA Kelsey Inc. electronically via email. After July 31, qualify as small businesses that may be Media Access Pro Television Database 2020, cable operators and DBS providers affected by the rules and policies (BIA) on December 9, 2019, and must deliver required notices to full- adopted herein. therefore these licensees qualify as power and Class A television stations 26. Satellite Master Antenna small entities under the SBA definition. electronically via email to the inbox that Television (SMATV) Systems, also In addition, the Commission estimates the station designates for carriage- known as Private Cable Operators the number of licensed noncommercial related questions in its OPIF. Similarly, (PCOs). SMATV systems or PCOs are educational (NCE) television stations to notices to LPTV stations must be
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00095 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 16004 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
delivered to the email address listed for 303(r), 338, 340, 534, 535, and 573, this § 74.779 Electronic delivery of notices to the licensee (not a contact Report and Order is adopted. LPTV stations. representative, if different from the 35. It is further ordered that, pursuant In accordance with § 76.1600 of this licensee) in LMS, and notices to to the authority found in sections 1, 4(i), title, beginning July 31, 2020, each qualified NCE translator stations must 4(j), 303(r), 338, 340, 614, 615, and 653 licensee of a low power television be delivered to the email address listed of the Communications Act of 1934, as station or noncommercial educational for the licensee (not a contact amended, 47 U.S.C. 151, 154(i), 154(j), translator station that is entitled to representative, if different from the 303(r), 338, 340, 534, 535, and 573, the notices under § 76.64(k), § 76.1601, licensee) in LMS or alternatively the Commission’s rules are amended as set § 76.1607, or § 76.1617 of this title shall primary station’s carriage-related email forth in the Final Rules. These rules receive such notices via email to the address, if the translator station does not contain new or modified information licensee’s email address (not a contact have its own email address listed in collection requirements that require representative’s email address, if LMS. approval by the Office of Management different from the licensee’s email 32. Steps Taken To Minimize and Budget (OMB) under the Paperwork address) as displayed publicly in the Significant Economic Impact on Small Reduction Act and will become effective Commission’s Licensing and Entities and Significant Alternatives April 20, 2020. Compliance will not be Management System (LMS), or the Considered. The RFA requires an required until after the Commission primary station’s carriage-related email agency to describe any significant publishes a document in the Federal address if the noncommercial alternatives that it has considered in Register announcing OMB approval and educational translator station does not reaching its proposed approach, which the relevant compliance date. have its own email address listed in may include the following four 36. It is further ordered that the LMS. Licensees are responsible for the alternatives (among others): (1) The Commission shall send a copy of this continuing accuracy and completeness establishment of differing compliance or Report and Order in a report to be sent of this information. reporting requirements or timetables to Congress and the Government that take into account the resources Accountability Office pursuant to the § 74.799 [Transferred from Subpart H to available to small entities; (2) the Congressional Review Act, see 5 U.S.C. Subpart G] clarification, consolidation, or 801(a)(1)(A). ■ 3. Transfer § 74.799 from subpart H to simplification of compliance and 37. It is further ordered that, should subpart G. reporting requirements under the rule no petitions for reconsideration or for such small entities; (3) the use of petitions for judicial review be timely PART 76—MULTICHANNEL VIDEO performance, rather than design filed, MB Docket No. 19–165 shall be AND CABLE TELEVISION SERVICE standards; and (4) an exemption from terminated and its docket closed. coverage of the rule, or any part thereof, ■ 4. The authority for part 76 continues for small entities. List of Subjects to read as follows: 33. Through this Report and Order, 47 CFR Part 74 Authority: 47 U.S.C. 151, 152, 153, 154, the Commission takes steps to minimize 301, 302, 302a, 303, 303a, 307, 308, 309, 312, Communications equipment, the administrative burden on MVPDs, 315, 317, 325, 338, 339, 340, 341, 503, 521, including small entities, by Education, radio, Reporting and 522, 531, 532, 534, 535, 536, 537, 543, 544, transitioning from paper to electronic recordkeeping requirements, Research, 544a, 545, 548, 549, 552, 554, 556, 558, 560, delivery of certain notices to broadcast Television. 561, 571, 572, 573. television stations, which will reduce 47 CFR Part 76 ■ 5. Amend § 76.54 by revising the costs and burdens of providing such Administrative practice and paragraph (e) to read as follows: notices. The Commission has found that procedure, Cable television, electronic delivery of notices would § 76.54 Significantly viewed signals; Communications, Equal employment method to be followed for special greatly ease the burden of complying opportunity, Internet, Political with notification requirements for cable showings. candidates, Reporting and operators and DBS providers, including * * * * * recordkeeping requirements, small entities. The Commission (e) Satellite carriers that intend to Telecommunications. previously sought comment on other retransmit the signal of a significantly potential alternative means of delivering Federal Communications Commission. viewed television broadcast station to a notices that might better serve the needs Marlene Dortch, subscriber located outside such station’s of broadcasters and MVPDs, including Secretary. local market, as defined by § 76.55(e), must provide written notice to all small entities, but still be less Final Rules burdensome than sending notices by television broadcast stations that are paper delivery, such as mail, certified For the reasons discussed in the assigned to the same local market as the mail, or, in some instances, hand preamble, the Federal Communications intended subscriber at least 60 days delivery. Commenters, including those Commission amends 47 CFR parts 74 before commencing retransmission of representing smaller entities, and 76 as follows: the significantly viewed station. Such unanimously support transitioning the satellite carriers must also provide the PART 74—EXPERIMENTAL RADIO, notices from paper to electronic notifications described in AUXILIARY, SPECIAL BROADCAST delivery. § 76.66(d)(5)(i). Except as provided in AND OTHER PROGRAM this paragraph (e), such written notice Ordering Clauses DISTRIBUTIONAL SERVICES must be sent via certified mail, return 34. Accordingly, it is ordered that, receipt requested, to the address for ■ 1. The authority for part 74 continues pursuant to the authority found in such station(s) as listed in the to read as follows: sections 1, 4(i), 4(j), 303(r), 338, 340, consolidated database maintained by 614, 615, and 653 of the Authority: 47 U.S.C. 154, 302a, 303, 307, the Federal Communications Communications Act of 1934, as 309, 310, 336 and 554. Commission. After July 31, 2020, such amended, 47 U.S.C. 151, 154(i), 154(j), ■ 2. Add § 74.779 to read as follows: written notice must be delivered to
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 16005
stations electronically in accordance paragraph (d)(2)(i) of this section via accordance with paragraph (d)(2)(ii) of with § 76.66(d)(2)(ii). certified mail to the address for such this section. * * * * * television station licensee listed in the * * * * * ■ 6. Amend § 76.64 by revising consolidated database system (f) * * * paragraph (k) to read as follows: maintained by the Commission. After (3) Except as provided in paragraph July 31, 2020, the written notices (d)(2) of this section, a satellite carrier § 76.64 Retransmission consent. required by paragraphs (d)(1)(vi), providing local-into-local service must * * * * * (d)(2)(i), (v), and (vi), (d)(3)(iv), (d)(5)(i), notify local television stations of the (k) A cable system commencing new (f)(3) and (4), and (h)(5) of this section location of the receive facility by June operation is required to notify all local shall be delivered electronically via 1, 2001 for the first election cycle and commercial and noncommercial email to the email address for carriage- at least 120 days prior to the broadcast stations of its intent to related questions that the station lists in commencement of all election cycles commence service. The cable operator its public file in accordance with thereafter. After July 31, 2020, the must send such notification, by certified §§ 73.3526 and 73.3527 of this title. written notices required by this mail except as provided in this * * * * * paragraph (f)(3) shall be delivered to paragraph (k), at least 60 days prior to (v) Within 30 days of receiving a local stations electronically in accordance commencing cable service. After July television station’s election of with paragraph (d)(2)(ii) of this section. 31, 2020, the cable operator must send mandatory carriage in a new television (4) A satellite carrier may relocate its such notification by electronic delivery market, a satellite carrier shall notify in local receive facility at the in accordance with § 76.1600. writing those local television stations it commencement of each election cycle. Commercial broadcast stations must will not carry, along with the reasons for A satellite carrier is also permitted to notify the cable system within 30 days such decision, and those local television relocate its local receive facility during of the receipt of such notice of their stations it intends to carry. After July 31, the course of an election cycle, if it election for either must-carry or 2020, the written notices required by bears the signal delivery costs of the retransmission consent with respect to this paragraph (d)(2)(v) shall be television stations affected by such a such new cable system. If the delivered to stations electronically in move. A satellite carrier relocating its commercial broadcast station elects accordance with paragraph (d)(2)(ii) of local receive facility must provide 60 must-carry, it must also indicate its this section. days notice to all local television channel position in its election (vi) Satellite carriers shall notify all stations carried in the affected television statement to the cable system. Such local stations in a market of their intent market. After July 31, 2020, the written election shall remain valid for the to launch HD carry-one, carry-all in that notices required by this paragraph (f)(4) remainder of any three-year election market at least 60 days before shall be delivered to stations interval, as established in paragraph commencing such carriage. After July electronically in accordance with (f)(2) of this section. Noncommercial 31, 2020, the written notices required by paragraph (d)(2)(ii) of this section. educational broadcast stations should this paragraph (d)(2)(vi) shall be * * * * * notify the cable operator of their request delivered to stations electronically in (h) * * * for carriage and their channel position. accordance with paragraph (d)(2)(ii) of (5) A satellite carrier shall provide The new cable system must notify each this section. notice to its subscribers, and to the station if its signal quality does not meet * * * * * affected television station, whenever it the standards for carriage and if any (3) * * * adds or deletes a station’s signal in a copyright liability would be incurred for (iv) Within 30 days of receiving a new particular local market pursuant to this the carriage of such signal. Pursuant to television station’s election of paragraph (h)(5). After July 31, 2020, the § 76.57(e), a commercial broadcast mandatory carriage, a satellite carrier required notice to the affected television station which fails to respond to such a shall notify the station in writing that it station shall be delivered to the station notice shall be deemed to be a must- will not carry the station, along with the electronically in accordance with carry station for the remainder of the reasons for such decision, or that it paragraph (d)(2)(ii) of this section. current three-year election period. intends to carry the station. After July * * * * * * * * * * 31, 2020, the written notices required by ■ 8. Amend § 76.1600 by adding ■ 7. Amend § 76.66 by revising this paragraph (d)(3)(iv) shall be paragraph (e) to read as follows: paragraphs (d)(1)(vi) introductory text delivered to stations electronically in and (d)(2)(ii), (v), and (vi), (d)(3)(iv), accordance with paragraph (d)(2)(ii) of § 76.1600 Electronic delivery of notices. (d)(5)(i) introductory text, (f)(3) and (4), this section. * * * * * and (h)(5) to read as follows: (5) * * * (e) After July 31, 2020, written (i) Beginning with the election cycle information provided by cable operators § 76.66 Satellite broadcast signal carriage. described in paragraph (c)(2) of this to broadcast stations pursuant to * * * * * section, the retransmission of §§ 76.64(k), 76.1601, 76.1607, 76.1608, (d) * * * significantly viewed signals pursuant to 76.1609, and 76.1617 must be delivered (1) * * * § 76.54 by a satellite carrier that electronically to full-power and Class A (vi) Within 30 days of receiving a provides local-into-local service is television stations via email to the email television station’s carriage request, and subject to providing the notifications to address for carriage-related questions subject to paragraph (d)(2)(ii) of this stations in the market pursuant to that the station lists in its public file in section, a satellite carrier shall notify in paragraphs (d)(5)(i)(A) and (B) of this accordance with §§ 73.3526 and 73.3527 writing: section, unless the satellite carrier was of this title, or in the case of low power * * * * * retransmitting such signals as of the television stations and noncommercial (2) * * * date these notifications were due. After educational translator stations that are (ii) Except as provided in this July 31, 2020, the written notices entitled to such notices, to the licensee’s paragraph (d)(2)(ii), satellite carriers required by this paragraph (d)(5)(i) shall email address (not a contact shall transmit the notices required by be delivered to stations electronically in representative’s email address, if
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 16006 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
different from the licensee’s email § 76.1617 Initial must-carry notice. through March 31, 2021, unless changed address) as displayed publicly in the (a) Within 60 days of activation of a by subsequent notification in the Licensing and Management System cable system, a cable operator must Federal Register. (LMS) or the primary station’s carriage- notify all qualified NCE stations of its FOR FURTHER INFORMATION CONTACT: related email address if the designated principal headend by Nikhil Mehta, NMFS Southeast Regional noncommercial educational translator certified mail, except that after July 31, Office, telephone: 727–824–5305, email: station does not have its own email 2020, notice shall be provided by [email protected]. address listed in LMS. electronic delivery in accordance with SUPPLEMENTARY INFORMATION: The South ■ § 76.1600. 9. Revise § 76.1607 to read as follows: Atlantic snapper-grouper fishery * * * * * ° ′ § 76.1607 Principal headend. (c) Within 60 days of activation of a includes black sea bass south of 35 15.9 N latitude and is managed under the A cable operator shall provide written cable system, a cable operator must send a copy of a list of all broadcast Fishery Management Plan for the notice to all stations carried on its Snapper-Grouper Fishery of the South system pursuant to the must-carry rules television stations carried by its system and their channel positions to all local Atlantic Region (FMP). The South in this subpart at least 60 days prior to Atlantic Fishery Management Council any change in the designation of its commercial and noncommercial television stations, including those not prepared the FMP and the FMP is principal headend. Such written notice implemented by NMFS under the shall be provided by certified mail, designated as must-carry stations and those not carried on the system. Such authority of the Magnuson-Stevens except that after July 31, 2020, notice Fishery Conservation and Management shall be provided to stations by written information shall be provided by certified mail, except that after July Act (Magnuson-Stevens Act) by electronic delivery in accordance with regulations at 50 CFR part 622. § 76.1600. 31, 2020, such information shall be provided by electronic delivery in The recreational fishing year for black ■ 10. Revise § 76.1608 to read as accordance with § 76.1600. sea bass is April 1 through March 31. follows: [FR Doc. 2020–05478 Filed 3–19–20; 8:45 am] The recreational AM for black sea bass requires that before the April 1 start date § 76.1608 System technical integration BILLING CODE 6712–01–P requiring uniform election of must-carry or of each recreational fishing year, NMFS retransmission consent status. projects the length of the recreational fishing season based on when NMFS DEPARTMENT OF COMMERCE A cable system that changes its projects the recreational ACL will be technical configuration in such a way as met, and announces the recreational to integrate two formerly separate cable National Oceanic and Atmospheric Administration season end date in the Federal Register systems must give 90 days notice of its (50 CFR 622.193(e)(2)). The purpose of intention to do so to any television 50 CFR Part 622 this AM is to have a more predictable broadcast stations that have elected recreational season length while still must-carry status with respect to one [Docket No. 130403320–4891–02] constraining harvest at or below the system and retransmission consent RTID 0648–XS028 recreational ACL to protect the stock status with respect to the other. After from experiencing adverse biological July 31, 2020, such notice shall be Fisheries of the Caribbean, Gulf of consequences. delivered to stations electronically in Mexico, and South Atlantic; Snapper- The recreational ACL for the 2020– accordance with § 76.1600. If the system Grouper Fishery of the South Atlantic; 2021 black sea bass fishing year is and the station do not agree on a 2020–2021 Recreational Fishing 323,161 lb (146,583 kg) gutted weight, uniform election 45 days prior to Season for Black Sea Bass or 381,330 lb (172,968 kg) round weight. integration, the cable system may The recreational ACL was set through require the station to make such a AGENCY: National Marine Fisheries the final rule for Abbreviated uniform election 30 days prior to Service (NMFS), National Oceanic and Framework Amendment 2 to the FMP integration. Atmospheric Administration (NOAA), Commerce. (84 FR 14021, April 9, 2019). ■ 11. Revise § 76.1609 to read as ACTION: Temporary rule; recreational NMFS estimates that recreational follows: season length. landings for the 2020–2021 fishing year § 76.1609 Non-duplication and syndicated will be less than the 2020–2021 exclusivity. SUMMARY: NMFS announces that the recreational ACL. To make this length of the recreational fishing season determination, NMFS compared Within 60 days following the for black sea bass in the exclusive recreational landings in the last 3 provision of service to 1,000 economic zone (EEZ) of the South fishing years to the recreational ACL for subscribers, the operator of each such Atlantic will extend throughout the the 2020–2021 black sea bass fishing system shall file a notice to that effect species’ 2020–2021 fishing year. year. Recreational landings in each of with the Commission, and serve a copy Announcing the length of recreational the past 3 fishing years have been of that notice on every television station season for black sea bass is one of the substantially less than the 2020–2021 that would be entitled to exercise accountability measures (AMs) for the recreational ACL; therefore, recreational network non-duplication protection or recreational sector. This announcement landings are projected to be less than syndicated exclusivity protection allows recreational fishers to maximize the 2020–2021 recreational ACL. against it. After July 31, 2020, in lieu of their opportunity to harvest the Accordingly, the recreational sector for serving paper copies on stations, the recreational annual catch limit (ACL) for black sea bass is not expected to close operator shall provide the required black sea bass during the fishing season during the fishing year as a result of copies to stations by electronic delivery while managing harvest to protect the reaching its ACL, and the season end in accordance with § 76.1600. black sea bass resource. date for recreational fishing for black sea ■ 12. Amend § 76.1617 by revising DATES: This rule is effective from 12:01 bass in the South Atlantic EEZ south of paragraphs (a) and (c) to read as follows: a.m. eastern time on April 1, 2020, 35°15.9′ N latitude is March 31, 2021.
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations 16007
Classification This action responds to the best comment and all that remains is to The Regional Administrator for the scientific information available. The notify the public of the recreational NMFS Southeast Region has determined Assistant Administrator for NOAA season length. this temporary rule is necessary for the Fisheries (AA) finds that the need to For the aforementioned reasons, the conservation and management of South immediately implement the notice of AA also finds good cause to waive the Atlantic black sea bass and is consistent the recreational season length 30-day delay in the effectiveness of this constitutes good cause to waive the with the FMP, the Magnuson-Stevens action under 5 U.S.C. 553(d)(3). Act, and other applicable laws. requirements to provide prior notice This action is taken under 50 CFR and opportunity for public comment Authority: 16 U.S.C. 1801 et seq. 622.193(e)(2) and is exempt from review pursuant to the authority set forth in 5 Dated: March 16, 2020. under Executive Order 12866. U.S.C. 553(b)(B), because prior notice Karyl K. Brewster-Geisz, These measures are exempt from the and opportunity for public comment on Acting Director, Office of Sustainable procedures of the Regulatory Flexibility this temporary rule is unnecessary. Fisheries, National Marine Fisheries Service. Act because the temporary rule is issued Such procedures are unnecessary, without opportunity for prior notice and because the rule establishing the AM [FR Doc. 2020–05809 Filed 3–19–20; 8:45 am] comment. has already been subject to notice and BILLING CODE 3510–22–P
VerDate Sep<11>2014 17:04 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00099 Fmt 4700 Sfmt 9990 E:\FR\FM\20MRR1.SGM 20MRR1 jbell on DSKJLSW7X2PROD with RULES 16008
Proposed Rules Federal Register Vol. 85, No. 55
Friday, March 20, 2020
This section of the FEDERAL REGISTER • Mail: U.S. Department of consider all comments received by the contains notices to the public of the proposed Transportation, Docket Operations, M– closing date and may amend this issuance of rules and regulations. The 30, West Building Ground Floor, Room proposed AD based on those comments. purpose of these notices is to give interested W12–140, 1200 New Jersey Avenue SE, The FAA will post all comments persons an opportunity to participate in the Washington, DC 20590. received, without change, to https:// rule making prior to the adoption of the final • rules. Hand Delivery: Deliver to Mail www.regulations.gov, including any address above between 9 a.m. and 5 personal information you provide. The p.m., Monday through Friday, except FAA will also post a report DEPARTMENT OF TRANSPORTATION Federal holidays. summarizing each substantive verbal For service information identified in contact received about this proposed Federal Aviation Administration this NPRM, contact De Havilland AD. Aircraft of Canada Limited, Q-Series 14 CFR Part 39 Technical Help Desk, 123 Garratt Discussion Boulevard, Toronto, Ontario M3K 1Y5, The FAA issued AD 2015–14–01, [Docket No. FAA–2020–0200; Product Canada; telephone 416–375–4000; fax Amendment 39–18199 (80 FR 38615, Identifier 2019–NM–185–AD] 416–375–4539; email thd@ July 7, 2015) (‘‘AD 2015–14–01’’), for RIN 2120–AA64 dehavilland.com; internet https:// certain Bombardier, Inc., Model DHC– dehavilland.com. You may view this 8–400 series airplanes. AD 2015–14–01 Airworthiness Directives; De Havilland service information at the FAA, requires a detailed inspection for loose Aircraft of Canada Limited (Type Transport Standards Branch, 2200 bolts on the aft translating door crank Certificate Previously Held by South 216th St., Des Moines, WA. For assembly, and removal and Bombardier, Inc.) Airplanes information on the availability of this reinstallation of the bolts. AD 2015–14– material at the FAA, call 206–231–3195. 01 resulted from a report of loose bolts AGENCY: Federal Aviation that are intended to secure the Administration (FAA), DOT. Examining the AD Docket translating door crank assembly to the ACTION: Notice of proposed rulemaking You may examine the AD docket on outside handle shaft. The FAA issued (NPRM). the internet at https:// AD 2015–14–01 to prevent loose bolts www.regulations.gov by searching for SUMMARY: The FAA proposes to from falling out. If both bolts become and locating Docket No. FAA–2020– loose or fall out after the door is closed supersede Airworthiness Directive (AD) 0200; or in person at Docket Operations 2015–14–01, which applies to certain and locked, the door cannot be opened between 9 a.m. and 5 p.m., Monday from inside or outside, which could Bombardier, Inc., Model DHC–8–400 through Friday, except Federal holidays. series airplanes. AD 2015–14–01 impede evacuation in the event of an The AD docket contains this NPRM, the emergency. requires a detailed inspection for loose regulatory evaluation, any comments bolts on the aft translating door crank received, and other information. The Actions Since AD 2015–14–01 was assembly, and removal and street address for Docket Operations is Issued reinstallation of the bolts. Since AD listed above. Comments will be Since AD 2015–14–01 was issued, the 2015–14–01 was issued, the FAA available in the AD docket shortly after FAA received a report that loose bolts received a report that additional receipt. were found on airplane serial numbers airplanes may be subject to the unsafe FOR FURTHER INFORMATION CONTACT: that were outside the applicability condition. In addition, the design of the range. Further, the manufacturer translating door crank handle has been Darren Gassetto, Aerospace Engineer, reclassified the forward baggage door on improved. This proposed AD would Mechanical Systems and Administrative some airplanes as an emergency exit, retain the inspections of AD 2015–14– Services Section, FAA, New York ACO which is not subject to AD 2015–14–01. 01 and add airplanes to the Branch, 1600 Stewart Avenue, Suite The FAA also received a report that the applicability. For all airplanes, this 410, Westbury, NY 11590; telephone manufacturer has modified the design of proposed AD would also require a 516–228–7323; fax 516–794–5531; email the translating door crank handle to modification of the door crank handle, [email protected]. improve retention of the bolts. which would terminate the inspections. SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation The FAA is proposing this AD to Comments Invited address the unsafe condition on these (TCCA), which is the aviation authority products. The FAA invites you to send any for Canada, has issued Canadian AD written relevant data, views, or CF–2014–08R1, dated July 30, 2019 DATES: The FAA must receive comments arguments about this proposal. Send (referred to after this as the Mandatory on this proposed AD by May 4, 2020. your comments to an address listed Continuing Airworthiness Information, ADDRESSES: You may send comments, under the ADDRESSES section. Include or ‘‘the MCAI’’), to correct an unsafe using the procedures found in 14 CFR ‘‘Docket No. FAA–2020–0200; Product condition for certain De Havilland 11.43 and 11.45, by any of the following Identifier 2019–NM–185–AD’’ at the Aircraft of Canada Limited (Type methods: beginning of your comments. The FAA Certificate Previously Held by • Federal eRulemaking Portal: Go to specifically invites comments on the Bombardier, Inc.) Model DHC–8–400 https://www.regulations.gov. Follow the overall regulatory, economic, series airplanes. You may examine the instructions for submitting comments. environmental, and energy aspects of MCAI in the AD docket on the internet • Fax: 202–493–2251. this proposed AD. The FAA will at https://www.regulations.gov by
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16009
searching for and locating Docket No. distinct since they apply to different bilateral agreement with the State of FAA–2020–0200. airplane configurations. Design Authority, the FAA has been This proposed AD was prompted by De Havilland Aircraft of Canada notified of the unsafe condition reports of loose bolts that are intended Limited has also issued Bombardier described in the MCAI and service to secure the translating door crank Service Bulletin 84–52–96, dated information referenced above. The FAA assembly to the outside handle shaft, February 26, 2019, which describes is proposing this AD because the agency and of sealant missing from these bolts procedures for a detailed visual evaluated all the relevant information on another translating door. The FAA is inspection of the translating door crank and determined the unsafe condition issuing this AD to address the potential assembly for any loose bolts. described previously is likely to exist or for both bolts to become loose or fall out De Havilland Aircraft of Canada develop on other products of the same after the door is closed and locked, Limited has also issued Modification type design. which would prevent the door from Summary Package IS4Q5200101, Proposed Requirements of This NPRM being opened from inside or outside and Revision A, dated July 5, 2019, which impede evacuation in the event of an describes a deviation to the actions This proposed AD would retain the emergency. See the MCAI for additional specified in certain service information. inspections of AD 2015–14–01. This background information. This proposed AD would also require proposed AD would require Related Service Information Under 1 Bombardier Service Bulletin 84–52–75, accomplishing the actions specified in CFR part 51 Revision A, dated July 11, 2013, which the service information described previously. De Havilland Aircraft of Canada the Director of the Federal Register Limited has issued the following service approved for incorporation by reference Explanation of Change to information. as of August 11, 2015 (80 FR 38615, July Manufacturer’s Name Specified in AD • Bombardier Service Bulletin 84–52– 7, 2015). 2015–14–01 89, Revision A, dated January 29, 2018. This service information is reasonably • Bombardier Service Bulletin 84–52– available because the interested parties This NPRM identifies the 92, Revision A, dated January 24, 2018. have access to it through their normal manufacturer’s name as published in • Bombardier Service Bulletin 84–52– course of business or by the means the most recent type certificate data 94, Revision A, dated January 24, 2018. identified in the ADDRESSES section. sheet for the affected models. This service information describes FAA’s Determination Costs of Compliance procedures for modifying the door crank handle with an improved bolt retention This product has been approved by The FAA estimates that this proposed design on the type 1 emergency door, the aviation authority of another AD affects 59 airplanes of U.S. registry. the aft entry door, and the aft service country, and is approved for operation The FAA estimates the following costs door, as necessary. These documents are in the United States. Pursuant to a to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost on U.S. Labor cost Parts cost Cost per product operators
Up to 13 work-hours × $85 per hour = $1,105 ...... Up to $677 ...... Up to $1,782 ...... Up to $105,138.
Authority for This Rulemaking Regulatory Findings List of Subjects in 14 CFR Part 39 Title 49 of the United States Code The FAA determined that this Air transportation, Aircraft, Aviation specifies the FAA’s authority to issue proposed AD would not have federalism safety, Incorporation by reference, rules on aviation safety. Subtitle I, implications under Executive Order Safety. section 106, describes the authority of 13132. This proposed AD would not The Proposed Amendment the FAA Administrator. Subtitle VII: have a substantial direct effect on the Accordingly, under the authority Aviation Programs, describes in more States, on the relationship between the delegated to me by the Administrator, detail the scope of the Agency’s national Government and the States, or the FAA proposes to amend 14 CFR part authority. on the distribution of power and 39 as follows: The FAA is issuing this rulemaking responsibilities among the various under the authority described in levels of government. PART 39—AIRWORTHINESS Subtitle VII, Part A, Subpart III, Section For the reasons discussed above, I DIRECTIVES 44701: ‘‘General requirements.’’ Under certify this proposed regulation: ■ that section, Congress charges the FAA 1. The authority citation for part 39 (1) Is not a ‘‘significant regulatory continues to read as follows: with promoting safe flight of civil action’’ under Executive Order 12866, aircraft in air commerce by prescribing Authority: 49 U.S.C. 106(g), 40113, 44701. (2) Will not affect intrastate aviation regulations for practices, methods, and in Alaska, and § 39.13 [Amended] procedures the Administrator finds ■ necessary for safety in air commerce. (3) Will not have a significant 2. The FAA amends § 39.13 by This regulation is within the scope of economic impact, positive or negative, removing Airworthiness Directive (AD) 2015–14–01, Amendment 39–18199 (80 that authority because it addresses an on a substantial number of small entities FR 38615, July 7, 2015), and adding the unsafe condition that is likely to exist or under the criteria of the Regulatory following new AD: develop on products identified in this Flexibility Act. rulemaking action. De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16010 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
Bombardier, Inc.) Airplanes: Docket No. days, whichever occurs first after the information specified in paragraphs (l)(2)(i) FAA–2020–0200; Product Identifier effective date of this AD, perform a detailed through (iii) of this AD. 2019–NM–185–AD. inspection for loose bolts of the translating (i) Bombardier Service Bulletin 84–52–89, door crank assembly, in accordance with (a) Comments Due Date dated April 13, 2017. paragraph 3.B., ‘‘Procedure,’’ of the (ii) Bombardier Service Bulletin 84–52–92, The FAA must receive comments by May Accomplishment Instructions of Bombardier dated April 18, 2017. 4, 2020. Service Bulletin 84–52–96, dated February 26, 2019. (iii) Bombardier Service Bulletin 84–52–94, (b) Affected ADs (1) If any loose bolt is found, before further dated April 13, 2017. This AD replaces AD 2015–14–01, flight do the modification specified in (m) Other FAA AD Provisions Amendment 39–18199 (80 FR 38615, July 7, paragraph (i) of this AD. 2015) (‘‘AD 2015–14–01’’). (2) If no loose bolt is found, at the (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO (c) Applicability compliance time specified in paragraph (i) of this AD, do the modification specified in Branch, FAA, has the authority to approve This AD applies to De Havilland Aircraft paragraph (i) of this AD. AMOCs for this AD, if requested using the of Canada Limited (Type Certificate procedures found in 14 CFR 39.19. In Previously Held by Bombardier, Inc.) Model (i) Modification for S/Ns 4001 Through 4530 DHC–8–400, –401, and –402 airplanes, Inclusive accordance with 14 CFR 39.19, send your request to your principal inspector or local certificated in any category, serial numbers For airplane S/Ns 4001 through 4530 (S/Ns) 4001 through 4530 inclusive. inclusive: Except as required by paragraphs Flight Standards District Office, as appropriate. If sending information directly (d) Subject (g)(2) and (h)(1) of this AD, within 8,000 flight hours or 48 months, whichever occurs to the manager of the certification office, Air Transport Association (ATA) of first after the effective date of this AD, send it to ATTN: Program Manager, America Code 52, Doors. modify the door crank handle with an Continuing Operational Safety, FAA, New (e) Reason improved bolt retention design on the type 1 York ACO Branch, 1600 Stewart Avenue, emergency door, the aft entry door, and the Suite 410, Westbury, NY 11590; telephone This proposed AD was prompted by aft service door, as applicable, in accordance reports of loose bolts that are intended to 516–228–7300; fax 516–794–5531. Before with the Accomplishment Instructions of the using any approved AMOC, notify your secure the translating door crank assembly to applicable service information specified in appropriate principal inspector, or lacking a the outside handle shaft, and of sealant paragraphs (i)(1) through (3) of this AD. missing from these bolts on another (1) For the aft entry door: Bombardier principal inspector, the manager of the local translating door. The FAA is issuing this AD Service Bulletin 84–52–89, Revision A, dated flight standards district office/certificate to address the potential for both bolts to January 29, 2018. holding district office. become loose or fall out after the door is (2) For the aft service door: Bombardier (2) Contacting the Manufacturer: For any closed and locked, which would prevent the Service Bulletin 84–52–92, Revision A, dated requirement in this AD to obtain instructions door from being opened from inside or January 24, 2018. from a manufacturer, the instructions must outside and impede evacuation in the event (3) For the type 1 emergency door: of an emergency. be accomplished using a method approved Bombardier Service Bulletin 84–52–94, by the Manager, New York ACO Branch, (f) Compliance Revision A, dated January 24, 2018. FAA; or Transport Canada Civil Aviation Comply with this AD within the (j) Alternative Modification (TCCA); or De Havilland Aircraft of Canada compliance times specified, unless already For airplanes with de Havilland Limited’s TCCA Design Approval done. Modification Summary Package 4Q459324 Organization (DAO). If approved by the DAO, (g) Inspection and Corrective Actions for S/ incorporated for the cargo combi the approval must include the DAO- Ns 4001 Through 4411 Inclusive configuration: Accomplishing the authorized signature. modification in paragraph (i) of this AD using For airplane S/Ns 4001 through 4411 Bombardier Service Bulletin 84–52–89, (n) Related Information inclusive: Within 600 flight hours or 100 Revision A, dated January 29, 2018; and (1) Refer to Mandatory Continuing days, whichever occurs first after August 11, Bombardier Service Bulletin 84–52–92, Airworthiness Information (MCAI) Canadian 2015 (the effective date of AD 2015–14–01): Revision A, dated January 24, 2018; as Perform a detailed inspection for loose bolts AD CF–2014–08R1, dated July 30, 2019, for applicable; in combination with de Havilland related information. This MCAI may be of the aft translating door crank assembly, in Modification Summary Package found in the AD docket on the internet at accordance with paragraph 3.B., IS4Q5200101, Revision A, dated July 5, 2019, ‘‘Procedure,’’ of Part A—INSPECTION of the also meets the requirement specified in https://www.regulations.gov by searching for Accomplishment Instructions of Bombardier paragraph (i) of this AD for the aft entry and and locating Docket No. FAA–2020–0200. Service Bulletin 84–52–75, Revision A, dated aft service doors. (2) For more information about this AD, July 11, 2013. contact Darren Gassetto, Aerospace Engineer, (k) Terminating Actions (1) If the detailed inspection was done Mechanical Systems and Administrative before the effective date of this AD and the Accomplishing the action required by Services Section, FAA, New York ACO corrective action was done in accordance paragraph (i) of this AD terminates the Branch, 1600 Stewart Avenue, Suite 410, with 3.B., ‘‘Procedure,’’ and steps 3.C.(4) and requirements of paragraphs (g) and (h) of this Westbury, NY 11590; telephone 516–228– 3.C.(5) of paragraph 3.C., ‘‘Close Out,’’ of Part AD. B—RECTIFICATION, of the Accomplishment 7323; fax 516–794–5531; email 9-avs-nyaco- Instructions of Bombardier Service Bulletin (l) Credit for Previous Actions [email protected]. 84–52–75, dated July 27, 2012; or Bombardier (1) This paragraph provides credit for (3) For service information identified in Service Bulletin 84–52–75, Revision A, dated actions required by the introductory text to this AD, contact De Havilland Aircraft of July 11, 2013: No further work is required by paragraph (g) of this AD, if those actions were Canada Limited, Q-Series Technical Help paragraph (g) of this AD. performed before August 11, 2015 (the Desk, 123 Garratt Boulevard, Toronto, (2) If the detailed inspection is done on or effective date of AD 2015–14–01) using Ontario M3K 1Y5, Canada; telephone 416– after the effective date of this AD, and any Bombardier Service Bulletin 84–52–75, dated 375–4000; fax 416–375–4539; email thd@ July 27, 2012, which is not incorporated by loose bolt is found: Before further flight, do dehavilland.com; internet https:// the modification in paragraph (i) of this AD. reference in this AD. (2) This paragraph provides credit for the dehavilland.com. You may view this service (h) Inspection and Modification for S/Ns modification of the applicable doors in information at the FAA, Transport Standards 4412 Through 4491 Inclusive paragraph (i) of this AD, if the modification Branch, 2200 South 216th St., Des Moines, For airplane S/Ns 4412 through 4491 was performed before the effective date of WA. For information on the availability of inclusive: Within 800 flight hours or 120 this AD using the applicable service this material at the FAA, call 206–231–3195.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16011
Issued on March 13, 2020. 30, West Building Ground Floor, Room www.regulations.gov, including any Gaetano A. Sciortino, W12–140, 1200 New Jersey Avenue SE, personal information you provide. The Deputy Director for Strategic Initiatives, Washington, DC 20590. FAA will also post a report Compliance & Airworthiness Division, • Hand Delivery: Deliver to Mail summarizing each substantive verbal Aircraft Certification Service. address above between 9 a.m. and 5 contact received about this NPRM. p.m., Monday through Friday, except [FR Doc. 2020–05762 Filed 3–19–20; 8:45 am] Discussion BILLING CODE 4910–13–P Federal holidays. For the material identified in this The EASA, which is the Technical proposed AD that will be incorporated Agent for the Member States of the DEPARTMENT OF TRANSPORTATION by reference (IBR), contact the EASA, European Union, has issued EASA AD Konrad-Adenauer-Ufer 3, 50668 2020–0005, dated January 13, 2020 Federal Aviation Administration Cologne, Germany; telephone +49 221 (‘‘EASA AD 2020–0005’’) (also referred 89990 1000; email [email protected]; to as the Mandatory Continuing 14 CFR Part 39 internet www.easa.europa.eu. You may Airworthiness Information, or ‘‘the [Docket No. FAA–2020–0201; Product find this IBR material on the EASA MCAI’’), to correct an unsafe condition Identifier 2020–NM–007–AD] website at https://ad.easa.europa.eu. for certain Airbus SAS Model A318– You may view this IBR material at the 111, –112, –121, and –122 airplanes; RIN 2120–AA64 FAA, Transport Standards Branch, 2200 Model A319–111, –112, –113, –114, Airworthiness Directives; Airbus SAS South 216th St., Des Moines, WA. For –115, –131, –132, and –133 airplanes; Airplanes information on the availability of this Model A320–211, –212, –214, –215, material at the FAA, call 206–231–3195. –216, –231, –232, and –233 airplanes; AGENCY: Federal Aviation It is also available in the AD docket on and Model A321–111, –112, –131, –211, Administration (FAA), DOT. the internet at https:// –212, –213, –231, and –232 airplanes. ACTION: Notice of proposed rulemaking www.regulations.gov by searching for Model A320–215 airplanes are not (NPRM). and locating Docket No. FAA–2020– certified by the FAA and are not 0201. included on the U.S. type certificate SUMMARY: The FAA proposes to adopt a Examining the AD Docket data sheet; this proposed AD therefore new airworthiness directive (AD) for does not include those airplanes in the certain Airbus SAS Model A318–111, You may examine the AD docket on applicability. –112, –121, and –122 airplanes; Model the internet at https:// This proposed AD was prompted by A319–111, –112, –113, –114, –115, www.regulations.gov by searching for reports of fatigue cracks on continuity –131, –132, and –133 airplanes; Model and locating Docket No. FAA–2020– fittings at the lower framing of the front A320–211, –212, –214, –216, –231, 0201; or in person at Docket Operations windshield on airplanes on which –232, and –233 airplanes; and Model between 9 a.m. and 5 p.m., Monday Airbus Production Modification 22058 A321–111, –112, –131, –211, –212, through Friday, except Federal holidays. (which is included in Airbus –213, –231, and –232 airplanes. This The AD docket contains this NPRM, the Modification 21999) has been proposed AD was prompted by reports regulatory evaluation, any comments embodied. Additional analysis showed of fatigue cracks on continuity fittings at received, and other information. The that certain certification requirements the lower framing of the front street address for Docket Operations is for damage tolerance and fatigue are not windshield on airplanes on which a listed above. Comments will be met on airplanes in a post-production certain production modification has available in the AD docket shortly after Modification 22058 configuration. The been embodied. Additional analysis receipt. FAA is proposing this AD to address showed that certain certification FOR FURTHER INFORMATION CONTACT: this condition, which could lead to requirements for damage tolerance and Sanjay Ralhan, Aerospace Engineer, failure of the continuity fittings at the fatigue are not met on airplanes in a International Section, Transport lower node of the windshield central certain post-production modification Standards Branch, FAA, 2200 South frame, possibly resulting in configuration. This proposed AD would 216th St., Des Moines, WA 98198; decompression of the airplane and require repetitive high frequency eddy telephone and fax 206–231–3223; email injury to occupants. See the MCAI for current (HFEC) inspections of the [email protected]. additional background information. central node windshield area for SUPPLEMENTARY INFORMATION: cracking, and applicable corrective Related IBR Material Under 1 CFR part actions if cracking is found, as specified Comments Invited 51 in a European Union Aviation Safety The FAA invites you to send any EASA AD 2020–0005 describes Agency (EASA) AD, which will be written relevant data, views, or procedures for repetitive HFEC incorporated by reference. The FAA is arguments about this proposal. Send inspections of the central node proposing this AD to address the unsafe your comments to an address listed windshield area for cracking, and condition on these products. under the ADDRESSES section. Include applicable corrective actions if cracking DATES: The FAA must receive comments ‘‘Docket No. FAA–2020–0201; Product is found. The corrective actions include on this proposed AD by May 4, 2020. Identifier 2020–NM–007–AD’’ at the modification or repair. This material is ADDRESSES: You may send comments, beginning of your comments. The FAA reasonably available because the using the procedures found in 14 CFR specifically invites comments on the interested parties have access to it 11.43 and 11.45, by any of the following overall regulatory, economic, through their normal course of business methods: environmental, and energy aspects of or by the means identified in the • Federal eRulemaking Portal: Go to this NPRM. The FAA will consider all ADDRESSES section. https://www.regulations.gov. Follow the comments received by the closing date FAA’s Determination and Requirements instructions for submitting comments. and may amend this NPRM based on • Fax: 202–493–2251. those comments. of This Proposed AD • Mail: U.S. Department of The FAA will post all comments, This product has been approved by Transportation, Docket Operations, M– without change, to https:// the aviation authority of another
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16012 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
country, and is approved for operation FAA ADs. The FAA has since Explanation of Note 1 of EASA AD in the United States. Pursuant to the coordinated with other manufacturers 2020–0005 FAA’s bilateral agreement with the State and civil aviation authorities (CAAs) to Note 1 of EASA AD 2020–0005 states of Design Authority, the FAA has been use this process. As a result, EASA AD notified of the unsafe condition that, for certain airplanes, no further 2020–0005 will be incorporated by action is required by that AD up to the described in the MCAI referenced reference in the FAA final rule. This above. The FAA is proposing this AD ‘‘Publication Trigger.’’ The ‘‘Publication proposed AD would, therefore, require Trigger’’ is the operation limit for the because the FAA evaluated all the compliance with EASA AD 2020–0005 relevant information and determined affected airplanes, which is specified in in its entirety, through that the Airbus A318/A319/A320/A321 the unsafe condition described incorporation, except for any differences previously is likely to exist or develop Airworthiness Limitations Section identified as exceptions in the (ALS) Part 2-Damage Tolerant in other products of the same type regulatory text of this proposed AD. design. Airworthiness Limitation Items (DT– Using common terms that are the same ALI), Revision 07, dated June 13, 2018, Proposed AD Requirements as the heading of a particular section in (which is mandated by AD 2019–23–01, the EASA AD does not mean that This proposed AD would require Amendment 39–19794 (84 FR 66579, operators need comply only with that accomplishing the actions specified in December 5, 2019)). Airbus A318/A319/ EASA AD 2020–0005 described section. For example, where the AD A320/A321 Airworthiness Limitations previously, as incorporated by requirement refers to ‘‘all required Section (ALS) Part 2-Damage Tolerant reference, except for any differences actions and compliance times,’’ Airworthiness Limitation Items (DT– identified as exceptions in the compliance with this AD requirement is ALI), Revision 07, dated June 13, 2018, regulatory text of this AD. not limited to the section titled requires operators to contact Airbus for ‘‘Required Action(s) and Compliance further instructions before they exceed Explanation of Required Compliance Time(s)’’ in the EASA AD. Service the operation limit referenced as Information information specified in EASA AD ‘‘Publication Trigger.’’ In the FAA’s ongoing efforts to 2020–0005 that is required for Costs of Compliance improve the efficiency of the AD compliance with EASA AD 2020–0005 process, the FAA initially worked with will be available on the internet at The FAA estimates that this proposed Airbus and EASA to develop a process https://www.regulations.gov by AD affects 1,203 airplanes of U.S. to use certain EASA ADs as the primary searching for and locating Docket No. registry. The FAA estimates the source of information for compliance FAA–2020–0201 after the FAA final following costs to comply with this with requirements for corresponding rule is published. proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS *
Cost per Cost on U.S. Labor cost Parts cost product operators
19 work-hours × $85 per hour = $1,615 ...... $0 $1,615 $1,942,845 * Table does not include estimated costs for reporting.
The FAA estimates that it would take cost of reporting the inspection results based on the results of any required about 1 work-hour per product to on U.S. operators to be $102,255, or $85 actions. The FAA has no way of comply with the proposed reporting per product. determining the number of aircraft that requirement in this proposed AD. The The FAA estimates the following might need these on-condition average labor rate is $85 per hour. Based costs to do any necessary on-condition modifications: on these figures, the FAA estimates the modifications that would be required
ESTIMATED COSTS OF ON-CONDITION MODIFICATIONS *
Cost per Labor cost Parts cost product
1,122 work-hours × $85 per hour = $95,370 ...... $316,043 $411,413 * The FAA has received no definitive data that would enable the agency to provide cost estimates for the on-condition repairs specified in this proposed AD.
Paperwork Reduction Act number for the collection of information the accuracy of this burden and required by this proposed AD is 2120– suggestions for reducing the burden A federal agency may not conduct or 0056. The paperwork cost associated should be directed to Information sponsor, and a person is not required to with this proposed AD has been Collection Clearance Officer, Federal respond to, nor shall a person be subject detailed in the Costs of Compliance Aviation Administration, 10101 to penalty for failure to comply with a section of this document and includes Hillwood Parkway, Fort Worth, TX collection of information subject to the time for reviewing instructions, as well 76177–1524. requirements of the Paperwork as completing and reviewing the Authority for This Rulemaking Reduction Act unless that collection of collection of information. Therefore, all information displays a current valid reporting associated with this proposed Title 49 of the United States Code OMB control number. The control AD is mandatory. Comments concerning specifies the FAA’s authority to issue
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16013
rules on aviation safety. Subtitle I, (a) Comments Due Date (i) Other FAA AD Provisions section 106, describes the authority of The FAA must receive comments by May The following provisions also apply to this the FAA Administrator. Subtitle VII: 4, 2020. AD: Aviation Programs, describes in more (1) Alternative Methods of Compliance (b) Affected ADs detail the scope of the Agency’s (AMOCs): The Manager, International authority. None. Section, Transport Standards Branch, FAA, The FAA is issuing this rulemaking has the authority to approve AMOCs for this (c) Applicability AD, if requested using the procedures found under the authority described in This AD applies to Airbus SAS Model in 14 CFR 39.19. In accordance with 14 CFR Subtitle VII, Part A, Subpart III, Section airplanes specified in paragraphs (c)(1) 39.19, send your request to your principal 44701: ‘‘General requirements.’’ Under through (4) of this AD, certificated in any inspector or local Flight Standards District that section, Congress charges the FAA category, as identified in European Union Office, as appropriate. If sending information with promoting safe flight of civil Aviation Safety Agency (EASA) AD 2020– directly to the International Section, send it aircraft in air commerce by prescribing 0005, dated January 13, 2020 (‘‘EASA AD to the attention of the person identified in regulations for practices, methods, and 2020–0005’’). paragraph (j)(2) of this AD. Information may procedures the Administrator finds (1) Model A318–111, –112, –121, and –122 be emailed to: 9-ANM-116-AMOC- [email protected]. Before using any necessary for safety in air commerce. airplanes. (2) Model A319–111, –112, –113, –114, approved AMOC, notify your appropriate This regulation is within the scope of –115, –131, –132, and –133 airplanes. principal inspector, or lacking a principal that authority because it addresses an (3) Model A320–211, –212, –214, –216, inspector, the manager of the local flight unsafe condition that is likely to exist or –231, –232, and –233 airplanes. standards district office/certificate holding develop on products identified in this (4) Model A321–111, –112, –131, –211, district office. rulemaking action. –212, –213, –231, and –232 airplanes. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions Regulatory Findings (d) Subject from a manufacturer, the instructions must The FAA determined that this Air Transport Association (ATA) of be accomplished using a method approved America Code 53, Fuselage. by the Manager, International Section, proposed AD would not have federalism Transport Standards Branch, FAA; or EASA; implications under Executive Order (e) Reason or Airbus SAS’s EASA Design Organization 13132. This proposed AD would not This AD was prompted by reports of Approval (DOA). If approved by the DOA, have a substantial direct effect on the fatigue cracks on continuity fittings at the the approval must include the DOA- States, on the relationship between the lower framing of the front windshield on authorized signature. national Government and the States, or airplanes on which Airbus Production (3) Required for Compliance (RC): For any on the distribution of power and Modification 22058 (which is included in service information referenced in EASA AD responsibilities among the various Airbus Modification 21999) has been 2020–0005 that contains RC procedures and embodied. Additional analysis showed that tests: Except as required by paragraph (i)(2) levels of government. of this AD, RC procedures and tests must be For the reasons discussed above, I certain certification requirements for damage tolerance and fatigue are not met on airplanes done to comply with this AD; any procedures certify this proposed regulation: in a post-production Modification 22058 or tests that are not identified as RC are (1) Is not a ‘‘significant regulatory configuration. The FAA is issuing this AD to recommended. Those procedures and tests action’’ under Executive Order 12866, address this condition, which could lead to that are not identified as RC may be deviated (2) Will not affect intrastate aviation failure of the continuity fittings at the lower from using accepted methods in accordance in Alaska, and node of the windshield central frame, with the operator’s maintenance or (3) Will not have a significant possibly resulting in decompression of the inspection program without obtaining economic impact, positive or negative, airplane and injury to occupants. approval of an AMOC, provided the on a substantial number of small entities procedures and tests identified as RC can be (f) Compliance done and the airplane can be put back in an under the criteria of the Regulatory airworthy condition. Any substitutions or Flexibility Act. Comply with this AD within the compliance times specified, unless already changes to procedures or tests identified as List of Subjects in 14 CFR Part 39 done. RC require approval of an AMOC. (4) Paperwork Reduction Act Burden Air transportation, Aircraft, Aviation (g) Requirements Statement: A federal agency may not conduct safety, Incorporation by reference, Except as specified in paragraph (h) of this or sponsor, and a person is not required to Safety. AD: Comply with all required actions and respond to, nor shall a person be subject to compliance times specified in, and in a penalty for failure to comply with a The Proposed Amendment accordance with, EASA AD 2020–0005. collection of information subject to the requirements of the Paperwork Reduction Accordingly, under the authority (h) Exceptions to EASA AD 2020–0005 delegated to me by the Administrator, Act unless that collection of information (1) Where EASA AD 2020–0005 refers to its displays a current valid OMB Control the FAA proposes to amend 14 CFR part effective date, this AD requires using the Number. The OMB Control Number for this 39 as follows: effective date of this AD. information collection is 2120–0056. Public (2) The ‘‘Remarks’’ section of EASA AD reporting for this collection of information is PART 39—AIRWORTHINESS 2020–0005 does not apply to this AD. estimated to be approximately 1 hour per DIRECTIVES (3) Paragraph (8) of EASA AD 2020–0005 response, including the time for reviewing specifies to report inspection results to instructions, searching existing data sources, ■ 1. The authority citation for part 39 Airbus within a certain compliance time. For gathering and maintaining the data needed, continues to read as follows: this AD, report inspection results at the and completing and reviewing the collection Authority: 49 U.S.C. 106(g), 40113, 44701. applicable time specified in paragraph of information. All responses to this (h)(3)(i) or (ii) of this AD. collection of information are mandatory as § 39.13 [Amended] (i) If the inspection was done on or after required by this AD; the nature and extent of ■ 2. The FAA amends § 39.13 by adding the effective date of this AD: Submit the confidentiality to be provided, if any. Send the following new airworthiness report within 90 days after the inspection. comments regarding this burden estimate or (ii) If the inspection was done before the any other aspect of this collection of directive (AD): effective date of this AD: Submit the report information, including suggestions for Airbus SAS: Docket No. FAA–2020–0201; within 90 days after the effective date of this reducing this burden to Information Product Identifier 2020–NM–007–AD. AD. Collection Clearance Officer, Federal
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16014 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
Aviation Administration, 10101 Hillwood • Federal eRulemaking Portal: Go to following paragraph, and other Parkway, Fort Worth, TX 76177–1524. https://www.regulations.gov. Follow the information as described in 14 CFR (j) Related Information instructions for submitting comments. 11.35, the FAA will post all comments • Fax: 202 493 2251. received, without change, to https:// (1) For information about EASA AD 2020– • 0005, contact the EASA, Konrad-Adenauer- Mail: U.S. Department of www.regulations.gov, including any Ufer 3, 50668 Cologne, Germany; telephone Transportation, Docket Operations, M– personal information you provide. The +49 221 89990 6017; email ADs@ 30, West Building Ground Floor, Room FAA will also post a report easa.europa.eu; internet W12 140, 1200 New Jersey Avenue SE, summarizing each substantive verbal www.easa.europa.eu. You may find this Washington, DC 20590. contact received about this NPRM. EASA AD on the EASA website at https:// • Hand Delivery: Deliver to Mail ad.easa.europa.eu. You may view this Confidential Business Information material at the FAA, Transport Standards address above between 9 a.m. and 5 p.m., Monday through Friday, except Confidential Business Information Branch, 2200 South 216th St., Des Moines, (CBI) is commercial or financial WA. For information on the availability of Federal holidays. this material at the FAA, call 206–231–3195. For service information identified in information that is both customarily and This material may be found in the AD docket this NPRM, contact Austro Engine actually treated as private by its owner. on the internet at https:// GmbH, Rudolf-Diesel-Strasse 11, A– Under the Freedom of Information Act www.regulations.gov by searching for and 2700 Weiner Neustadt, Austria; phone: (FOIA) (5 U.S.C. 552), CBI is exempt locating Docket No. FAA–2020–0201. +43 2622 23000; fax: +43 2622 23000– from public disclosure. If your (2) For more information about this AD, 2711; website: www.austroengine.at. comments responsive to this NPRM contact Sanjay Ralhan, Aerospace Engineer, contain commercial or financial International Section, Transport Standards You may view this service information at the FAA, Engine and Propeller information that is customarily treated Branch, FAA, 2200 South 216th St., Des as private, that you actually treat as Moines, WA 98198; telephone and fax 206– Standards Branch, 1200 District 231–3223; email [email protected]. Avenue, Burlington, MA 01803. For private, and that is relevant or responsive to this NPRM, it is important Issued on March 10, 2020. information on the availability of this material at the FAA, call 781–238–7759. that you clearly designate the submitted Lance T. Gant, comments as CBI. Please mark each Director, Compliance & Airworthiness Examining the AD Docket page of your submission containing CBI Division, Aircraft Certification Service. You may examine the AD docket on as ‘‘PROPIN.’’ The FAA will treat such [FR Doc. 2020–05485 Filed 3–19–20; 8:45 am] the internet at https:// marked submissions as confidential BILLING CODE 4910–13–P www.regulations.gov by searching for under the FOIA, and they will not be and locating Docket No. FAA–2019– placed in the public docket of this NPRM. Submissions containing CBI DEPARTMENT OF TRANSPORTATION 1113; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday should be sent to Mehdi Lamnyi, Aerospace Engineer, ECO Branch, FAA, Federal Aviation Administration through Friday, except Federal holidays. The AD docket contains this NPRM, the 1200 District Avenue, Burlington, MA 01803. Any commentary that the FAA 14 CFR Part 39 mandatory continuing airworthiness information (MCAI), any comments receives which is not specifically [Docket No. FAA–2019–1113; Project received, and other information. The designated as CBI will be placed in the Identifier MCAI–2019–00117–E] street address for Docket Operations is public docket for this rulemaking. RIN 2120–AA64 listed above. Comments will be Discussion available in the AD docket shortly after The European Union Aviation Safety Airworthiness Directives; Austro receipt. Engine GmbH Engines Agency (EASA), which is the Technical FOR FURTHER INFORMATION CONTACT: Agent for the Member States of the AGENCY: Federal Aviation Mehdi Lamnyi, Aerospace Engineer, European Community, has issued EASA Administration (FAA), DOT. ECO Branch, FAA, 1200 District AD 2019–0041, dated February 25, 2019 ACTION: Notice of proposed rulemaking Avenue, Burlington, MA 01803; phone: (referred to after this as ‘‘the MCAI’’), to (NPRM). 781–238–7743; fax: 781–238–7199; address the unsafe condition on these email: [email protected]. products. The MCAI states: SUMMARY: The FAA proposes to adopt a SUPPLEMENTARY INFORMATION: new airworthiness directive (AD) for all The airworthiness limitations and Comments Invited maintenance tasks for the Austro Engine E4 Austro Engine GmbH model E4 and E4P and E4P engines, which are approved by diesel piston engines. This proposed AD The FAA invites you to send any EASA, are currently defined and published was prompted by reports of written relevant data, views, or in the Austro Engine MM, Chapter 04. These considerable wear of the timing chain arguments about this proposed AD. instructions have been identified as and failure of fuel injectors on these Send your comments to an address mandatory for continued airworthiness. Failure to accomplish these instructions engines. This proposed AD would listed under the ADDRESSES section. require replacement of the timing chain could result in an unsafe condition. Include ‘‘Docket No. FAA–2019–1113; Austro Engine recently revised the ALS, and fuel injectors on the affected Austro Project Identifier MCAI–2019–00117–E’’ introducing life limit for the engine timing Engine GmbH model E4 and E4P diesel at the beginning of your comments. The chain and for the fuel injectors. piston engines. The FAA is proposing FAA specifically invites comments on For the reason described above, this this AD to address the unsafe condition the overall regulatory, economic, [EASA] AD requires accomplishment of the on these products. environmental, and energy aspects of actions specified in the ALS. DATES: The FAA must receive comments this NPRM. The FAA will consider all You may obtain further information on this proposed AD by May 4, 2020. comments received by the closing date by examining the MCAI in the AD ADDRESSES: You may send comments, and may amend this NPRM because of docket on the internet at https:// using the procedures found in 14 CFR those comments. www.regulations.gov by searching for 11.43 and 11.45, by any of the following Except for Confidential Business and locating Docket No. FAA–2019– methods: Information as described in the 1113.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16015
Related Service Information Under 1 Airworthiness Limitation Section in the fuel injectors on the affected Austro CFR Part 51 existing approved MM. Engine GmbH model E4 and E4P diesel piston engines. The FAA reviewed Austro Engine FAA’s Determination Mandatory Service Bulletin (MSB) No. This product has been approved by Differences Between This Proposed AD MSB–E4–025, Rev. No. 3, dated January EASA and is approved for operation in and the MCAI 8, 2019. The MSB describes procedures the United States. Pursuant to our EASA AD 2019–0041, dated February for replacing the fuel injectors. This bilateral agreement with the European service information is reasonably 25, 2019, requires replacing components Community, EASA has notified us of included in the revised ALS and available because the interested parties the unsafe condition described in the have access to it through their normal updating the approved Aircraft MCAI and service information Maintenance Program (AMP). This AD course of business or by the means referenced above. The FAA is proposing identified in the ADDRESSES section. requires replacing the timing chain and this AD because it evaluated all the the fuel injectors and does not require Other Related Service Information relevant information provided by EASA updating the AMP. and determined the unsafe condition The FAA reviewed Austro Engine described previously is likely to exist or Costs of Compliance Maintenance Manual (MM) Temporary develop in other products of the same Revision (TR) MM–TR–MDC–E4–454, type design. The FAA estimates that this proposed dated October 3, 2018. The MM TR AD affects 263 engines installed on updates the time limits for the fuel Proposed AD Requirements airplanes of U.S. registry. injectors and timing chain and describes This proposed AD would require The FAA estimates the following procedures for updating the replacement of the timing chain and costs to comply with this proposed AD:
ESTIMATED COSTS
Cost per Cost on U.S. Action Labor cost Parts cost product operators
Replace the timing chain ...... 2.5 work-hours × $85 per hour = $212.50 ..... $2,980 $3,192.50 $839,627.50 Replace the fuel injectors ...... 2.5 work-hours × $85 per hour = $212.50 ..... $2,590 $2,802.50 $737,057.50
Authority for This Rulemaking For the reasons discussed above, I (a) Comments Due Date certify this proposed regulation: The FAA must receive comments by May Title 49 of the United States Code (1) Is not a ‘‘significant regulatory 4, 2020. specifies the FAA’s authority to issue action’’ under Executive Order 12866, rules on aviation safety. Subtitle I, (b) Affected ADs (2) Will not affect intrastate aviation section 106, describes the authority of None. in Alaska, and the FAA Administrator. Subtitle VII: (c) Applicability Aviation Programs, describes in more (3) Will not have a significant detail the scope of the Agency’s economic impact, positive or negative, This AD applies to Austro Engine GmbH authority. on a substantial number of small entities Model E4 and E4P diesel piston engines. under the criteria of the Regulatory (d) Subject The FAA is issuing this rulemaking Flexibility Act. under the authority described in Joint Aircraft System Component (JASC) Subtitle VII, Part A, Subpart III, Section List of Subjects in 14 CFR Part 39 Code 7322, Fuel Control/Reciprocating 44701: ‘‘General requirements.’’ Under Engines and Code 8520, Reciprocating Air transportation, Aircraft, Aviation Engine Power Section. that section, Congress charges the FAA safety, Incorporation by reference, with promoting safe flight of civil Safety. (e) Unsafe Condition aircraft in air commerce by prescribing This AD was prompted by reports of The Proposed Amendment regulations for practices, methods, and considerable wear of the timing chain and procedures the Administrator finds Accordingly, under the authority failure of fuel injectors on the affected necessary for safety in air commerce. delegated to me by the Administrator, engines. The FAA is issuing this AD to This regulation is within the scope of the FAA proposes to amend 14 CFR part prevent failure of the timing chain and fuel that authority because it addresses an 39 as follows: injectors. The unsafe condition, if not unsafe condition that is likely to exist or addressed, could result in loss of engine develop on products identified in this PART 39—AIRWORTHINESS thrust control and reduced control of the rulemaking action. DIRECTIVES airplane. (f) Compliance Regulatory Findings ■ 1. The authority citation for part 39 Comply with this AD within the The FAA determined that this continues to read as follows: compliance times specified, unless already proposed AD would not have federalism Authority: 49 U.S.C. 106(g), 40113, 44701. done. implications under Executive Order (g) Required Actions 13132. This proposed AD would not § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding (1) For engines that have had a windmill have a substantial direct effect on the restart before the effective date of this AD or States, on the relationship between the the following new airworthiness for engines with a timing chain in which it national Government and the States, or directive (AD): cannot be determined if the engine has on the distribution of power and Austro Engine GmbH: Docket No. FAA– experienced any windmilling, after the responsibilities among the various 2019–1113; Project Identifier MCAI– effective date of this AD, remove the timing levels of government. 2019–00117–E. chain and replace with a part eligible for
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16016 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
installation as follows, whichever occurs on the internet at https:// • Federal eRulemaking Portal: Go to later: www.regulations.gov by searching for and https://www.regulations.gov. Follow the (i) Before the timing chain exceeds 900 locating it in Docket No. FAA–2019–1113. instructions for submitting comments. flight hours (FHs) since new, or; (3) For Austro Engine GmbH service • Fax: 202–493–2251. (ii) Within 100 FHs after the windmilling information identified in this AD, contact • restart, or; Austro Engine GmbH, Rudolf-Diesel-Strasse Mail: U.S. Department of (iii) Before further flight. 11, A–2700 Weiner Neustadt, Austria; phone: Transportation, Docket Operations, M– (2) For engines that have a windmill restart +43 2622 23000; fax: +43 2622 23000–2711; 30, West Building Ground Floor, Room after the effective date of this AD, remove the website: www.austroengine.at. You may view W12–140, 1200 New Jersey Avenue SE, timing chain before it exceeds 900 FHs since this referenced service information at the Washington, DC 20590. new or within 100 FHs after the windmilling FAA, Engine and Propeller Standards • Hand Delivery: Deliver to Mail restart, whichever occurs later, and replace Branch, 1200 District Avenue, Burlington, address above between 9 a.m. and 5 with a part eligible for installation. MA 01803. For information on the p.m., Monday through Friday, except (3) Remove the fuel injectors and replace availability of this material at the FAA, call Federal holidays. with parts eligible for installation before they 781–238–7759. exceed 900 FHs since new or before further For the material identified in this flight after the effective date of this AD, Issued on March 11, 2020. proposed AD that will be incorporated whichever occurs later. Lance T. Gant, by reference (IBR), contact National (i) Use Accomplishment/Instructions, Director, Compliance & Airworthiness Civil Aviation Agency, Aeronautical paragraph 2.1, of Austro Engine Mandatory Division, Aircraft Certification Service. Products Certification Branch (GGCP), Service Bulletin (MSB) No. MSB–E4–025, [FR Doc. 2020–05292 Filed 3–19–20; 8:45 am] Rua Laurent Martins, nß 209, Jardim Rev. No. 3, dated January 8, 2019, to perform BILLING CODE 4910–13–P Esplanada, CEP 12242–431—Sa˜o Jose´ the required actions in paragraph (g)(3) of this AD. dos Campos—SP, Brazil; telephone 55 (ii) [Reserved] (12) 3203–6600; email [email protected]; (4) Thereafter, repeat the replacement of DEPARTMENT OF TRANSPORTATION internet www.anac.gov.br/en/. You may the fuel injectors required by paragraph (g)(3) find this IBR material on the ANAC of this AD at intervals not exceeding 900 FHs Federal Aviation Administration website at https://sistemas.anac.gov.br/ since new. certificacao/DA/DAE.asp. You may 14 CFR Part 39 (h) Non-Required Actions view this IBR material at the FAA, The tagging and returning of the removed [Docket No. FAA–2020–0202; Product Transport Standards Branch, 2200 fuel injectors to the manufacturer, referenced Identifier 2020–NM–025–AD] South 216th St., Des Moines, WA. For information on the availability of this in the Accomplishment/Instructions, RIN 2120–AA64 paragraph 2.1, of Austro Engine MSB No. material at the FAA, call 206–231–3195. MSB–E4–025, Rev. No. 3, dated January 8, Airworthiness Directives; Yabora˜ It is also available in the AD docket on 2019, are not required by this AD. Indu´ stria Aerona´utica S.A. (Type the internet at https:// (i) Credit for Previous Actions Certificate Previously Held by Embraer www.regulations.gov by searching for You may take credit for the replacement of S.A.) Airplanes and locating Docket No. FAA–2020– the timing chain that is required by 0202. AGENCY: Federal Aviation paragraph (g)(1) of this AD if you performed Examining the AD Docket this replacement before the effective date of Administration (FAA), DOT. this AD using Austro Engine MSB No. MSB– ACTION: Notice of proposed rulemaking You may examine the AD docket on E4–017/2, Revision 2, dated December 2, (NPRM). the internet at https:// 2016. www.regulations.gov by searching for (j) Alternative Methods of Compliance SUMMARY: The FAA proposes to adopt a and locating Docket No. FAA–2020– (AMOCs) new airworthiness directive (AD) for all 0202; or in person at Docket Operations ˜ ´ ´ (1) The Manager, ECO Branch, FAA, has Yabora Industria Aeronautica S.A. between 9 a.m. and 5 p.m., Monday the authority to approve AMOCs for this AD, (Type Certificate Previously Held by through Friday, except Federal holidays. if requested using the procedures found in 14 Embraer S.A.) Model ERJ 170 airplanes The AD docket contains this NPRM, the CFR 39.19. In accordance with 14 CFR 39.19, and Model ERJ 190–100 STD, –100 LR, regulatory evaluation, any comments send your request to your principal inspector –100 ECJ, –100 IGW, –200 STD, –200 received, and other information. The or local Flight Standards District Office, as LR, and –200 IGW airplanes. This street address for Docket Operations is appropriate. If sending information directly proposed AD was prompted by reports listed above. Comments will be to the manager of the ECO Branch, send it to of cracks discovered on the engine available in the AD docket shortly after the attention of the person identified in pylon inboard lower link lugs. This paragraph (k)(1) of this AD. You may email receipt. your request to: [email protected]. proposed AD would require repetitive FOR FURTHER INFORMATION CONTACT: (2) Before using any approved AMOC, detailed inspections of the engine Krista Greer, Aerospace Engineer, notify your appropriate principal inspector, inboard and outboard engine pylon International Section, Transport or lacking a principal inspector, the manager lower link lugs for cracking, and repair Standards Branch, FAA, 2200 South of the local flight standards district office/ if necessary, as specified in an Ageˆncia 216th St., Des Moines, WA 98198; certificate holding district office. Nacional de Aviac¸a˜o Civil (ANAC) telephone and fax 206–231–3221; email (k) Related Information Brazilian AD, which will be [email protected]. incorporated by reference. The FAA is (1) For more information about this AD, SUPPLEMENTARY INFORMATION: contact Mehdi Lamnyi, Aerospace Engineer, proposing this AD to address the unsafe ECO Branch, FAA, 1200 District Avenue, condition on these products. Comments Invited Burlington, MA 01803; phone: 781–238– DATES: The FAA must receive comments The FAA invites you to send any 7743; fax: 781–238–7199; email: on this proposed AD by May 4, 2020. [email protected]. written relevant data, views, or (2) Refer to European Union Aviation ADDRESSES: You may send comments, arguments about this proposal. Send Safety Agency (EASA) AD 2019–0041, dated using the procedures found in 14 CFR your comments to an address listed February 25, 2019, for more information. You 11.43 and 11.45, by any of the following under the ADDRESSES section. Include may examine the EASA AD in the AD docket methods: ‘‘Docket No. FAA–2020–0202; Product
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16017
Identifier 2020–NM–025–AD’’ at the is proposing this AD to address cracking Brazilian AD 2020–01–02 described beginning of your comments. The FAA of the engine pylon lower link lugs, previously, as incorporated by specifically invites comments on the which could cause the loss of engine reference, except for any differences overall regulatory, economic, pylon integrity, and could result in identified as exceptions in the environmental, and energy aspects of engine separation from the wing, loss of regulatory text of this AD. this NPRM. The FAA will consider all airplane controllability, and possible Explanation of Required Compliance comments received by the closing date injury to persons on the ground. See the Information and may amend this NPRM based on MCAI for additional background those comments. information. In the FAA’s ongoing efforts to The FAA will post all comments, Related IBR Material Under 1 CFR Part improve the efficiency of the AD without change, to https:// 51 process, the FAA initially worked with www.regulations.gov, including any Airbus and the European Union personal information you provide. The ANAC Brazilian AD 2020–01–02 Aviation Safety Agency (EASA) to FAA will also post a report describes procedures for repetitive develop a process to use certain EASA summarizing each substantive verbal detailed inspections of LH and RH ADs as the primary source of contact received about this NPRM. inboard and outboard engine pylon information for compliance with lower link lugs for cracking, and repair requirements for corresponding FAA Discussion if necessary. This material is reasonably ADs. The FAA has since coordinated The ANAC, which is the aviation available because the interested parties with other manufacturers and civil authority for Brazil, has issued Brazilian have access to it through their normal aviation authorities (CAAs) to use this AD 2020–01–02, effective January 28, course of business or by the means process. As a result, Brazilian AD 2020– 2020 (‘‘Brazilian AD 2020–01–02’’) (also identified in the ADDRESSES section. 01–02 will be incorporated by reference referred to as the Mandatory Continuing FAA’s Determination and Requirements in the FAA final rule. This proposed AD Airworthiness Information, or ‘‘the of This Proposed AD would, therefore, require compliance MCAI’’), to correct an unsafe condition This product has been approved by with Brazilian AD 2020–01–02 in its for all Yabora˜ Indu´ stria Aerona´utica the aviation authority of another entirety, through that incorporation, S.A. (Type Certificate Previously Held country, and is approved for operation except for any differences identified as by Embraer S.A.) Model ERJ 170–100 in the United States. Pursuant to the exceptions in the regulatory text of this LR, –100 STD, –100 SE, –100 SU, –200 FAA’s bilateral agreement with the State proposed AD. Service information LR, –200 SU, –200 STD, and –200 LL of Design Authority, the FAA has been specified in Brazilian AD 2020–01–02 airplanes; and Model ERJ 190–100 STD, notified of the unsafe condition that is required for compliance with –100 LR, –100 ECJ, –100 IGW, –100 SR, described in the MCAI referenced Brazilian AD 2020–01–02 will be –200 STD, –200 LR, and –200 IGW above. The FAA is proposing this AD available on the internet at https:// airplanes. Model ERJ 190–100 SR because the FAA evaluated all the www.regulations.gov by searching for airplanes are not certified by the FAA relevant information and determined and locating Docket No. FAA–2020– and are not included on the U.S. type the unsafe condition described 0202 after the FAA final rule is certificate data sheet; therefore, this AD previously is likely to exist or develop published. does not include those airplanes in the in other products of the same type Costs of Compliance applicability. design. This proposed AD was prompted by The FAA estimates that this proposed reports of cracking on the left hand (LH) Proposed AD Requirements AD affects 659 airplanes of U.S. registry. and right hand (RH) sides of engine This proposed AD would require The FAA estimates the following costs pylon inboard lower link lugs. The FAA accomplishing the actions specified in to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Cost per Cost on U.S. Labor cost Parts cost product operators
3 work-hours × $85 per hour = $255 ...... $0 $255 $168,045
The FAA estimates that it would take Paperwork Reduction Act time for reviewing instructions, as well about 1 work-hour per product to as completing and reviewing the A federal agency may not conduct or comply with the reporting requirement collection of information. Therefore, all sponsor, and a person is not required to in this proposed AD. The average labor reporting associated with this proposed respond to, nor shall a person be subject AD is mandatory. Comments concerning rate is $85 per hour. Based on these to penalty for failure to comply with a figures, the FAA estimates the cost on collection of information subject to the the accuracy of this burden and U.S. operators of reporting the requirements of the Paperwork suggestions for reducing the burden inspection results to be $56,015, or $85 Reduction Act unless that collection of should be directed to Information per product. information displays a current valid Collection Clearance Officer, Federal The FAA has received no definitive OMB control number. The control Aviation Administration, 10101 data that would enable the FAA to number for the collection of information Hillwood Parkway, Fort Worth, TX 76177–1524. provide cost estimates for the on- required by this proposed AD is 2120– condition actions specified in this 0056. The paperwork cost associated Authority for This Rulemaking proposed AD. with this proposed AD has been detailed in the Costs of Compliance Title 49 of the United States Code section of this document and includes specifies the FAA’s authority to issue
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16018 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
rules on aviation safety. Subtitle I, S.A.) Airplanes: Docket No. FAA–2020– (ii) If the inspection was done before the section 106, describes the authority of 0202; Product Identifier 2020–NM–025– effective date of this AD: Submit the report the FAA Administrator. Subtitle VII: AD. within 30 days after the effective date of this AD. Aviation Programs, describes in more (a) Comments Due Date detail the scope of the Agency’s The FAA must receive comments by May (i) Other FAA AD Provisions authority. 4, 2020. The following provisions also apply to this The FAA is issuing this rulemaking AD: (b) Affected ADs under the authority described in (1) Alternative Methods of Compliance Subtitle VII, Part A, Subpart III, Section None. (AMOCs): The Manager, International 44701: ‘‘General requirements.’’ Under (c) Applicability Section, Transport Standards Branch, FAA, that section, Congress charges the FAA has the authority to approve AMOCs for this This AD applies to all Yabora˜ Indu´ stria AD, if requested using the procedures found with promoting safe flight of civil Aerona´utica S.A. (Type certificate previously aircraft in air commerce by prescribing in 14 CFR 39.19. In accordance with 14 CFR held by Embraer S.A.) airplanes specified in 39.19, send your request to your principal regulations for practices, methods, and paragraphs (c)(1) and (2) of this AD, inspector or local Flight Standards District procedures the Administrator finds certificated in any category, as identified in Office, as appropriate. If sending information necessary for safety in air commerce. Brazilian AD 2020–01–02, effective January directly to the International Section, send it This regulation is within the scope of 28, 2020 (‘‘Brazilian AD 2020–01–02’’). to the attention of the person identified in that authority because it addresses an (1) Model ERJ 170–100 LR, –100 STD, –100 paragraph (j)(2) of this AD. Information may SE, –100 SU, –200 LR, –200 SU, –200 STD, unsafe condition that is likely to exist or be emailed to: 9-ANM-116-AMOC- and –200 LL airplanes. [email protected]. Before using any develop on products identified in this (2) Model ERJ 190–100 STD, –100 LR, –100 rulemaking action. approved AMOC, notify your appropriate ECJ, –100 IGW, –200 STD, –200 LR, and –200 principal inspector, or lacking a principal IGW airplanes. Regulatory Findings inspector, the manager of the local flight (d) Subject standards district office/certificate holding The FAA determined that this district office. proposed AD would not have federalism Air Transport Association (ATA) of America Code 54, Nacelles/pylons. (2) Contacting the Manufacturer: For any implications under Executive Order requirement in this AD to obtain instructions 13132. This proposed AD would not (e) Reason from a manufacturer, the instructions must have a substantial direct effect on the This AD was prompted by reports of be accomplished using a method approved States, on the relationship between the cracking on the left hand (LH) and right hand by the Manager, International Section, national Government and the States, or (RH) sides of engine pylon inboard lower link Transport Standards Branch, FAA; or ANAC; on the distribution of power and lugs. The FAA is issuing this AD to address or ANAC’s authorized Designee. If approved responsibilities among the various cracking of the engine pylon lower link lugs, by the ANAC Designee, the approval must which could cause the loss of engine pylon include the Designee’s authorized signature. levels of government. (3) Reporting Requirements: A federal For the reasons discussed above, I integrity, and could result in engine separation from the wing, loss of airplane agency may not conduct or sponsor, and a certify this proposed regulation: controllability, and possible injury to persons person is not required to respond to, nor (1) Is not a ‘‘significant regulatory on the ground. shall a person be subject to a penalty for action’’ under Executive Order 12866, failure to comply with a collection of (2) Will not affect intrastate aviation (f) Compliance information subject to the requirements of in Alaska, and Comply with this AD within the the Paperwork Reduction Act unless that (3) Will not have a significant compliance times specified, unless already collection of information displays a current economic impact, positive or negative, done. valid OMB Control Number. The OMB Control Number for this information on a substantial number of small entities (g) Requirements under the criteria of the Regulatory collection is 2120–0056. Public reporting for Except as specified in paragraph (h) of this this collection of information is estimated to Flexibility Act. AD: Comply with all required actions and be approximately 1 hour per response, List of Subjects in 14 CFR Part 39 compliance times specified in, and in including the time for reviewing instructions, accordance with, Brazilian AD 2020–01–02. searching existing data sources, gathering Air transportation, Aircraft, Aviation and maintaining the data needed, and safety, Incorporation by reference, (h) Exceptions to Brazilian AD 2020–01–02 completing and reviewing the collection of Safety. (1) Where Brazilian AD 2020–01–02 refers information. All responses to this collection to its effective date, this AD requires using of information are mandatory as required by The Proposed Amendment the effective date of this AD. this AD; the nature and extent of Accordingly, under the authority (2) Where Brazilian AD 2020–01–02 confidentiality to be provided, if any. Send delegated to me by the Administrator, requires contacting ‘‘the ANAC [Ageˆncia comments regarding this burden estimate or Nacional de Aviac¸a˜o Civil] and Embraer . . . the FAA proposes to amend 14 CFR part any other aspect of this collection of to approve an adequate repair,’’ for this AD, information, including suggestions for 39 as follows: obtain repair instructions using the reducing this burden to Information procedures specified in paragraph (i)(2) of PART 39—AIRWORTHINESS Collection Clearance Officer, Federal this AD and do the repair. Aviation Administration, 10101 Hillwood DIRECTIVES (3) The ‘‘Alternative methods of Parkway, Fort Worth, TX 76177–1524. compliance (AMOCs)’’ section of Brazilian ■ 1. The authority citation for part 39 AD 2020–01–02 does not apply to this AD. (j) Related Information continues to read as follows: (4) Paragraph (e) of Brazilian AD 2020–01– (1) For information about Brazilian AD Authority: 49 U.S.C. 106(g), 40113, 44701. 02 specifies to report inspection results to 2020–01–02, contact National Civil Aviation ANAC and Yabora˜ Indu´ stria Aerona´utica Agency, Aeronautical Products Certification § 39.13 [Amended] within a certain compliance time. For this Branch (GGCP), Rua Laurent Martins, nß 209, ■ 2. The FAA amends § 39.13 by adding AD, report inspection results at the Jardim Esplanada, CEP 12242–431—Sa˜o Jose´ the following new airworthiness applicable time specified in paragraph dos Campos—SP, Brazil; telephone 55 (12) (h)(4)(i) or (ii) of this AD. 3203–6600; email [email protected]; internet directive (AD): (i) If the inspection was done on or after www.anac.gov.br/en/. You may find this Yabora˜ Indu´ stria Aerona´utica S.A. (Type the effective date of this AD: Submit the material on the ANAC website at https:// Certificate Previously Held by Embraer report within 30 days after the inspection. sistemas.anac.gov.br/certificacao/DA/
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16019
DAE.asp. You may view this material at the • Hand Delivery: Deliver to the closing date for comments. The FAA FAA, Transport Standards Branch, 2200 ‘‘Mail’’ address between 9 a.m. and 5 will consider comments filed after the South 216th St., Des Moines, WA. For p.m., Monday through Friday, except comment period has closed if it is information on the availability of this Federal holidays. possible to do so without incurring material at the FAA, call 206–231–3195. This expense or delay. The FAA may change material may also be found in the AD docket Examining the AD Docket on the internet at https:// this proposal in light of the comments www.regulations.gov by searching for and You may examine the AD docket on received. the internet at https:// locating Docket No. FAA–2020–0202. Discussion (2) For more information about this AD, www.regulations.gov by searching for contact Krista Greer, Aerospace Engineer, and locating Docket No. FAA–2018– Transport Canada, which is the International Section, Transport Standards 0334; or in person at the Docket aviation authority for Canada, has Branch, FAA, 2200 South 216th St., Des Operations Office between 9 a.m. and 5 issued Canadian AD No. CF–2016– Moines, WA 98198; telephone and fax 206– p.m., Monday through Friday, except 11R2, dated October 18, 2017, to correct 231–3221; email [email protected]. Federal holidays. The AD docket an unsafe condition for BHTC Model Issued on March 10, 2020. contains this proposed AD, the 429 helicopters equipped with a Lance T. Gant, Transport Canada Civil Aviation bellcrank assembly part number (P/N) Director, Compliance & Airworthiness (Transport Canada) AD, any comments 429–001–523–101, 429–001–523–103, Division, Aircraft Certification Service. received, and other information. The 429–001–532–101 or 429–001–532–103. [FR Doc. 2020–05486 Filed 3–19–20; 8:45 am] street address for the Docket Operations Transport Canada advises that in- BILLING CODE 4910–13–P Office is listed above. Comments will be service reports show that bearings in the available in the AD docket shortly after roof-mounted flight control bellcranks receipt. are adversely affected by precipitation. DEPARTMENT OF TRANSPORTATION For service information identified in Pooling can occur at the forward portion this proposed rule, contact Bell of the roof, providing a source of Federal Aviation Administration Helicopter Textron Canada Limited, contamination for bearings in the roof- 12,800 Rue de l’Avenir, Mirabel, Quebec mounted flight controls. Precipitation 14 CFR Part 39 J7J1R4; telephone 450–437–2862 or may reduce the effectiveness of the [Docket No. FAA–2018–0334; Product 800–363–8023; fax 450–433–0272; or at grease in the bearings, allowing Identifier 2017–SW–133–AD] https://www.bellcustomer.com. You corrosion to occur, and resulting in may view the referenced service RIN 2120–AA64 intermittent restrictions, such as information at the FAA, Office of the binding and roughness in the flight Airworthiness Directives; Bell Regional Counsel, Southwest Region, controls, Transport Canada advises. Helicopter Textron Canada Limited 10101 Hillwood Pkwy, Room 6N–321, Transport Canada also advises that an Helicopters Fort Worth, TX 76177. undetected corroded bearing could lead FOR FURTHER INFORMATION CONTACT: to restrictions in the collective, AGENCY: Federal Aviation David Hatfield, Aviation Safety directional, or pitch control systems, Administration (FAA), DOT. Engineer, Safety Management Section, resulting in difficulty controlling the ACTION: Notice of proposed rulemaking Rotorcraft Standards Branch, FAA, helicopter. (NPRM). 10101 Hillwood Pkwy, Fort Worth, TX Transport Canada consequently 76177; telephone 817–222–5110; email requires within 12 months after the SUMMARY: The FAA proposes to adopt a [email protected]. helicopter was manufactured and new airworthiness directive (AD) for SUPPLEMENTARY INFORMATION: thereafter at intervals not to exceed 6 Bell Helicopter Textron Canada Limited months, inspecting the flight controls (BHTC) Model 429 helicopters. This Comments Invited and replacing any discrepant bearings. If proposed AD would require repetitive The FAA invites you to participate in the helicopter’s age exceeds 12 months, inspections of certain cyclic and this rulemaking by submitting written Transport Canada requires the 12-month collective assembly bearings. This comments, data, or views. The FAA also inspection within 30 days. Transport proposed AD is prompted by reports invites comments relating to the Canada also requires, within 30 days, that precipitation can lead to reduced economic, environmental, energy, or performing a functional check and effectiveness of the grease in the federalism impacts that might result replacement, if applicable, of the bearings. The actions of this proposed from adopting the proposals in this bearings if the most recent functional AD are intended to address an unsafe document. The most helpful comments check of the helicopter was performed condition on these products. reference a specific portion of the with the alternate procedure of using a DATES: The FAA must receive comments proposal, explain the reason for any hydraulic test stand or if the inspection on this proposed AD by May 19, 2020. recommended change, and include method is unknown. ADDRESSES: You may send comments by supporting data. To ensure the docket FAA’s Determination any of the following methods: does not contain duplicate comments, • Federal eRulemaking Docket: Go to commenters should send only one copy These helicopters have been approved https://www.regulations.gov. Follow the of written comments, or if comments are by the aviation authority of Canada and online instructions for sending your filed electronically, commenters should are approved for operation in the United comments electronically. submit only one time. States. Pursuant the FAA’s bilateral • Fax: 202–493–2251. The FAA will file in the docket all agreement with Canada, Transport • Mail: Send comments to the U.S. comments received, as well as a report Canada, its technical representative, has Department of Transportation, Docket summarizing each substantive public notified the FAA about the unsafe Operations, M–30, West Building contact with FAA personnel concerning condition described in its AD. The FAA Ground Floor, Room W12–140, 1200 this proposed rulemaking. Before acting is proposing this AD after evaluating all New Jersey Avenue SE, Washington, DC on this proposal, the FAA will consider known relevant information and 20590–0001. all comments received on or before the determining that an unsafe condition is
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16020 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
likely to exist or develop on other Costs of Compliance List of Subjects in 14 CFR Part 39 products of the same type design. The FAA estimates that this proposed Air transportation, Aircraft, Aviation Related Service Information AD would affect 64 helicopters of U.S. safety, Incorporation by reference, Registry and that labor costs average $85 Safety. The FAA reviewed Bell Helicopter per work-hour. Based on these The Proposed Amendment Alert Service Bulletin 429–15–21, estimates, the FAA expects the Revision B, dated May 11, 2017 (ASB), following costs: Accordingly, under the authority which specifies moving the cyclic stick • Inspecting the cyclic and the delegated to me by the Administrator, fore, aft, and laterally, and the collective collective for roughness would require 3 the FAA proposes to amend 14 CFR part stick up and down from stop to stop to work-hours and no parts for a total cost 39 as follows: detect deteriorated pivot bearings. The of $255 per helicopter, and $16,320 for ASB also specifies inspecting to the U.S. fleet. PART 39—AIRWORTHINESS determine whether the bearings in the • Replacing six pivot bearings would DIRECTIVES collective, lateral, and longitudinal arm require 3 work-hours for a labor cost of ■ assemblies rotate freely. If discrepant $255. Parts would cost $624 for a total 1. The authority citation for part 39 arm bearings are found, the ASB cost of $879 per helicopter. continues to read as follows: specifies contacting BHTC Product • Replacing 3 arm end bearings Authority: 49 U.S.C. 106(g), 40113, 44701. Support Engineering to report the would require 3 work-hours for a labor § 39.13 [Amended] findings and replacing the discrepant cost of $255. Parts would cost $135 for ■ parts with serviceable parts. a total cost of $390 per helicopter. 2. The FAA amends § 39.13 by adding the following new airworthiness Proposed AD Requirements Authority for This Rulemaking directive (AD): This proposed AD would require Title 49 of the United States Code Bell Helicopter Textron Canada Limited: within 12 months after the helicopter specifies the FAA’s authority to issue Docket No. FAA–2018–0334; Product was manufactured or 30 days after the rules on aviation safety. Subtitle I, Identifier 2017–SW–133–AD. effective date of this AD, whichever section 106, describes the authority of (a) Applicability the FAA Administrator. Subtitle VII: occurs later, and thereafter at intervals This AD applies to Bell Helicopter Textron not to exceed 6 months: Aviation Programs, describes in more Canada Limited (BHTC) Model 429 • Disconnecting the forward ends of detail the scope of the Agency’s helicopters with a bellcrank assembly part the collective control tube, longitudinal authority. number (P/N) 429–001–523–101, 429–001– stability and control augmentation The FAA is issuing this rulemaking 523–103, 429–001–532–101 or 429–001–532– system (SCAS) actuator, and lateral under the authority described in 103 installed, certificated in any category. SCAS actuator and stowing the Subtitle VII, Part A, Subpart III, Section (b) Unsafe Condition collective control tube and each SCAS 44701: General requirements. Under that section, Congress charges the FAA This AD defines the unsafe condition as actuator to prevent binding. precipitation in the forward portion of the with promoting safe flight of civil • Slowly moving the cyclic fore/aft roof structure that can lead to pooling at the and laterally, and the collective up/ aircraft in air commerce by prescribing bellcrank assembly and corrosion of the down from stop to stop to determine if regulations for practices, methods, and bearings. This condition could result in there is any roughness. If there is any procedures the Administrator finds restrictions in the collective, directional or roughness in the flight control system, necessary for safety in air commerce. pitch control systems, and subsequent loss of helicopter control. before further flight, replace the six This regulation is within the scope of pivot bearings in the collective/lateral that authority because it addresses an (c) Comments Due Date unsafe condition that is likely to exist or bellcrank assembly and the longitudinal The FAA must receive comments by May develop on products identified in this bellcrank assembly. 19, 2020. • rulemaking action. Inspecting each arm end bearing at (d) Compliance the end of the collective, lateral, and Regulatory Findings You are responsible for performing each longitudinal arm assemblies by rotating The FAA determined that this action required by this AD within the each bearing and ensuring each bearing proposed AD would not have federalism specified compliance time unless it has rotates freely. If there is any binding in implications under Executive Order already been accomplished prior to that time. any arm end bearing or on the 13132. This proposed AD would not (e) Required Actions longitudinal bellcrank assembly, before have a substantial direct effect on the Within 12 months after the helicopter was further flight, replace each arm end States, on the relationship between the bearing. manufactured or 30 days after the effective national Government and the States, or date of this AD, whichever occurs later, and Differences Between This Proposed AD on the distribution of power and thereafter at intervals not to exceed 6 months: and the Transport Canada AD responsibilities among the various (1) Disconnect the forward ends of the levels of government. collective control tube, longitudinal stability Transport Canada provides For the reasons discussed, I certify and control augmentation system (SCAS) requirements if the most recent this proposed regulation: actuator, and lateral SCAS actuator. Stow the functional procedure was performed 1. Is not a ‘‘significant regulatory collective control tube and each SCAS using a hydraulic test stand as an action’’ under Executive Order 12866; actuator to prevent binding. alternate procedure. This AD provides 2. Will not affect intrastate aviation in (2) Slowly move the cyclic stick fore/aft no such alternate procedure. Alaska to the extent that it justifies and laterally, and the collective stick up/ down from stop to stop to determine if there making a regulatory distinction; and Interim Action is any roughness. If there is any roughness in 3. Will not have a significant the flight control system, before further flight, The FAA considers this proposed AD economic impact, positive or negative, replace all six pivot bearings, P/N MS27646– to be an interim action. If final action is on a substantial number of small entities 41, in the collective lateral bellcrank later identified, the FAA might consider under the criteria of the Regulatory assembly and the longitudinal bellcrank further rulemaking then. Flexibility Act. assembly.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16021
(3) Inspect the collective arm assembly P/ LIBRARY OF CONGRESS Copyright System (ECS) and soliciting N 429–001–525–101, the lateral arm further comment on additional assembly P/N 429–001–527–101, and the Copyright Office proposed reforms under consideration. longitudinal arm assembly P/N 429–001– 85 FR 12704 (Mar. 3, 2020). 530–101, by rotating each bearing and 37 CFR Parts 201 and 202 To ensure that members of the public ensuring each bearing rotates freely. If there [Docket No. 2018–9] have sufficient time to comment, and to is any binding in any arm end bearing or on ensure that the Office has the benefit of the longitudinal bellcrank assembly, before Registration Modernization a complete record, the Office is further flight, replace each arm end bearing. extending the deadline for the AGENCY: U.S. Copyright Office, Library (f) Special Flight Permits submission of comments to no later than of Congress. 11:59 p.m. Eastern Time on June 1, Special flight permits are prohibited. ACTION: Statement of policy and 2020. (g) Alternative Methods of Compliance notification of inquiry; extension of Dated: March 13, 2020. (AMOCs) comment period. Regan A. Smith, (1) The Manager, Safety Management SUMMARY: The U.S. Copyright Office is General Counsel and Associate Register of Section, Rotorcraft Standards Branch, FAA, extending the deadline for the Copyrights. may approve AMOCs for this AD. Send your submission of written comments in [FR Doc. 2020–05696 Filed 3–19–20; 8:45 am] proposal to: David Hatfield, Aviation Safety response to its March 3, 2020, statement BILLING CODE 1410–30–P Engineer, Safety Management Section, of policy and notification of inquiry Rotorcraft Standards Branch, FAA, 10101 regarding registration modernization. Hillwood Pkwy., Fort Worth, TX 76177; ENVIRONMENTAL PROTECTION telephone 817–222–5110; email 9-ASW-FTW- DATES: The comment period for the AGENCY [email protected]. notification of inquiry published March 3, 2020, at 85 FR 12704, is extended. (2) For operations conducted under a 14 40 CFR Part 52 CFR part 119 operating certificate or under Written comments must be received no 14 CFR part 91, subpart K, the FAA suggests later than 11:59 p.m. Eastern Time on [EPA–R03–OAR–2019–0686; FRL–10006– that you notify your principal inspector, or June 1, 2020. 62–Region 3] lacking a principal inspector, the manager of ADDRESSES: For reasons of government Approval and Promulgation of Air the local flight standards district office or efficiency, the Copyright Office is using Quality Implementation Plans; certificate holding district office before the regulations.gov system for the Pennsylvania; Reasonably Available operating any aircraft complying with this submission and posting of public Control Technology (RACT) AD through an AMOC. comments in this proceeding. All Determinations for Case-By-Case comments are therefore to be submitted (h) Additional Information Sources Under the 1997 and 2008 8- electronically through regulations.gov. Hour Ozone National Ambient Air (1) Bell Helicopter Alert Service Bulletin Specific instructions for submitting Quality Standards 429–15–21, Revision B, dated May 11, 2017, comments are available on the which is not incorporated by reference, Copyright Office’s website at https:// AGENCY: contains additional information about the Environmental Protection www.copyright.gov/rulemaking/online- subject of this AD. For service information Agency (EPA). publication/. If electronic submission of identified in this AD, contact Bell Helicopter ACTION: Proposed rule. comments is not feasible due to lack of Textron Canada Limited, 12,800 Rue de access to a computer and/or the SUMMARY: The Environmental Protection l’Avenir, Mirabel, Quebec J7J1R4; telephone Agency (EPA) is proposing to approve 450–437–2862 or 800–363–8023; fax 450– internet, please contact the Office using 433–0272; or at https:// the contact information below for multiple state implementation plan www.bellcustomer.com. You may view the special instructions. (SIP) revisions submitted by the referenced service information at the FAA, FOR FURTHER INFORMATION CONTACT: Commonwealth of Pennsylvania. These Office of the Regional Counsel, Southwest Regan A. Smith, General Counsel and revisions were submitted by the Region, 10101 Hillwood Pkwy, Room 6N– Associate Register of Copyrights, Pennsylvania Department of 321, Fort Worth, TX 76177. [email protected]; Robert J. Kasunic, Environmental Protection (PADEP) to (2) The subject of this AD is addressed in Associate Register of Copyrights and establish and require reasonably Transport Canada Civil Aviation (Transport Director of Registration Policy and available control technology (RACT) for Canada) AD No. CF–2016–11R2, dated Practice, [email protected]; Kevin 26 major sources of volatile organic October 18, 2017. You may view the Amer, Deputy General Counsel, kamer@ compounds (VOC) and nitrogen oxides Transport Canada AD on the internet at copyright.gov; Erik Bertin, Deputy (NOX) pursuant to the Commonwealth https://www.regulations.gov in the AD Director of Registration Policy and of Pennsylvania’s conditionally Docket. Practice, [email protected]; or approved RACT regulations. In this Jalyce E. Mangum, Attorney-Advisor, rulemaking action, EPA is only (i) Subject [email protected]. They can be proposing to approve source-specific Joint Aircraft Service Component (JASC) reached by telephone at 202–707–3000. (also referred to as ‘‘case-by-case’’) Code: 2700, Flight Control System. RACT determinations for 19 of the 26 SUPPLEMENTARY INFORMATION: Following Issued on March 11, 2020. an extensive public inquiry,1 on March major sources submitted by PADEP. These RACT evaluations were Lance T. Gant, 3, 2020, the U.S. Copyright Office issued submitted to meet RACT requirements Director, Compliance & Airworthiness a statement of policy and notification of inquiry announcing several intended for the 1997 and 2008 8-hour ozone Division, Aircraft Certification Service. national ambient air quality standards [FR Doc. 2020–05379 Filed 3–19–20; 8:45 am] practice updates to be adopted with the deployment of a new Enterprise (NAAQS). This action is being taken BILLING CODE 4910–13–P under the Clean Air Act (CAA). 1 Registration Modernization, 83 FR 52336 (Oct. DATES: Written comments must be 17, 2018). received on or before April 20, 2020.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16022 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
ADDRESSES: Submit your comments, Reasonably Available Control comments on its prior proposal made at identified by Docket ID No. EPA–R03– Technology (RACT) Determinations for Docket ID No. EPA–R03–OAR–2017– OAR–2019–0686 at https:// Case-by-Case Sources under the 1997 0290–0064. Any prior comments will www.regulations.gov, or via email to and 2008 8-Hour Ozone National need to be resubmitted to Docket ID No. [email protected]. For comments Ambient Air Quality Standards; Part 1; EPA–R03–OAR–2019–0686 during the submitted at Regulations.gov, follow the 84 FR 37167 (July 31, 2019)). On August comment period for this proposed online instructions for submitting 30, 2019, the last day of the comment rulemaking for EPA to consider them. comments. Once submitted, comments period, EPA became aware through a The commenters are reminded that their cannot be edited or removed from comment submitted to Regulations.gov comments should not include or rely on Regulations.gov. For either manner of that one of the files contained in the SIP any information considered to be CBI or submission, EPA may publish any submission—which EPA made public in other information whose disclosure is comment received to its public docket. the docket for that rulemaking restricted by statute. If a comment Do not submit electronically any proposing to approve the submission includes any CBI or other restricted information you consider to be (Docket No. EPA–R03–OAR–2017– information, EPA will redact the confidential business information (CBI) 0290–0064)—contained potential CBI. comment or withhold from the public or other information whose disclosure is EPA restricted public access in docket those submissions (or those restricted by statute. Multimedia Regulations.gov to that file containing portions containing the restricted submissions (audio, video, etc.) must be potential CBI the same day, prior to the information) as appropriate. accompanied by a written comment. end of the comment period. On On multiple dates, PADEP submitted September 30, 2019, EPA became aware The written comment is considered the multiple revisions to its SIP to address through additional comments submitted official comment and should include case-by-case NO and/or VOC RACT for to Regulations.gov during the comment X discussion of all points you wish to 26 major facilities. These SIP revisions period that additional potential CBI was make. EPA will generally not consider are intended to address the NO and/or contained in other files EPA had posted X comments or comment contents located VOC RACT requirements under sections to Docket No. EPA–R03–OAR–2017– outside of the primary submission (i.e., 182 and 184 of the CAA for the 1997 0290–0064. EPA restricted public access on the web, cloud, or other file sharing and 2008 8-hour ozone NAAQS. Table in Regulations.gov to the entire docket system). For additional submission 1 below lists each SIP submittal date methods, please contact the person that same day. In accordance with EPA’s CBI regulations at 40 CFR part 2, and the facilities included in its identified in the FOR FURTHER submittals. Although submitted in INFORMATION CONTACT section. For the subpart B, EPA has contacted each business affected by the inclusion of multiple packages by PADEP, EPA full EPA public comment policy, views each facility as a separable SIP information about CBI or multimedia potential CBI in the docket files to inform them that potential CBI was revision and may take separate final submissions, and general guidance on action on one or more facilities. In this making effective comments, please visit made publicly available on Regulations.gov, and afforded each rulemaking action, EPA is only http://www2.epa.gov/dockets/ proposing to approve case-by-case commenting-epa-dockets. business an opportunity to assert a claim of business confidentiality for any RACT determinations for 19 of the 26 FOR FURTHER INFORMATION CONTACT: Ms. of their information posted by EPA to sources submitted to EPA by PADEP. Emily Bertram, Permits Branch (3AD10), Docket No. EPA–R03–OAR–2017–0290– The remaining seven major sources are Air and Radiation Division, U.S. 0064. either now exempt from the source- Environmental Protection Agency, EPA is now proposing to approve 19 specific RACT requirements or will be Region III, 1650 Arch Street, of the 21 Pennsylvania case-by-case acted on in a future rulemaking action, Philadelphia, Pennsylvania 19103. The RACT determinations in this new once resubmitted to EPA by PADEP. telephone number is (215) 814–5273. rulemaking.1 EPA has established a For additional background Ms. Bertram can also be reached via docket for this new rulemaking that information on Pennsylvania’s electronic mail at bertram.emily@ does not include any materials claimed ‘‘presumptive’’ RACT II SIP see 84 FR epa.gov. as CBI (Docket ID No. EPA–R03–OAR– 20274 (May 9, 2019) and on SUPPLEMENTARY INFORMATION: On July 2019–0686). Commenters must submit Pennsylvania’s source-specific or ‘‘case- 31, 2019 EPA proposed to approve 21 any comments they have on EPA’s by-case’’ RACT determinations see the case-by-case RACT determinations for proposed approval of these 19 case-by- appropriate technical support document sources in Pennsylvania (Approval and case RACT determinations to this new (TSD) which is available online at Promulgation of Air Quality docket number. Because this is a new https://www.regulations.gov, Docket No. Implementation Plans; Pennsylvania rulemaking, EPA will not consider any EPA–R03–OAR–2019–0686.
TABLE 1—PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO SOURCE– SPECIFIC RACT UNDER THE 1997 AND 2008 8-HOUR OZONE STANDARD
Major source SIP submittal date (county)
8/14/2017 ...... Exelon Generation—Fairless Hills (Bucks). 11/21/2017 ...... The Boeing Co. (Delaware). Cherokee Pharmaceuticals, LLC (Northumberland). Dominion Transmission—Finnefrock Station (Clinton). a First Quality Tissue, LLC (Clinton). JW Aluminum Company (Lycoming). Transco—Salladasburg Station 520 (Lycoming). b
1 In this action, EPA is proposing approval of 19 31, 2019. EPA will take action on the remaining two of the 21 sources it proposed approval of on July facilities in a different rulemaking action.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16023
TABLE 1—PADEP SIP SUBMITTALS FOR MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO SOURCE– SPECIFIC RACT UNDER THE 1997 AND 2008 8-HOUR OZONE STANDARD—Continued
Major source SIP submittal date (county)
Ward Manufacturing, LLC (Tioga). Wood-Mode Inc. (Snyder). 4/26/2018 ...... Foam Fabricators Inc. (Columbia). Novipax (Berks). c Resilite Sports Products Inc. (Northumberland). Sunoco Partners Marketing & Terminals (Delaware). d Texas Eastern—Bernville (Berks). Truck Accessories Group (Northumberland). e 6/26/2018 ...... Texas Eastern—Shermans Dale (Perry). Texas Eastern—Perulack (Juniata). Texas Eastern—Grantville (Dauphin). NRG Energy Center Paxton, LLC (Dauphin). Texas Eastern—Bechtelsville (Berks). Merck, Sharp & Dohme Corporation (Montgomery). f 10/29/2018 ...... Containment Solutions/Mt. Union Plant (Huntingdon). Armstrong World Ind./Marietta Ceiling Plant (Lancaster). Jeraco Enterprises Inc. (Northumberland). Global Advanced Metals USA Inc. (Montgomery). g Blommer Chocolate Company (Montgomery). a Dominion Transmission—Finnefrock Station was withdrawn from EPA consideration on August 27, 2018. PADEP determined this source was no longer subject to source-specific RACT requirements for the 1997 and 2008 8-hour ozone NAAQS. b Transco—Salladasburg Station 520 will be acted on in a future rulemaking action. c Novipax will be acted on in a future rulemaking action. d —Sunoco Partners Marketing and Terminal will be acted on in a future rulemaking action. e Truck Accessories Group was withdrawn from EPA consideration on July 11, 2019. EPA will be taking action on this source in a future rule- making action, once resubmitted by PADEP for approval into the PA SIP. f Merck, Sharp & Dohme Corporation was withdrawn from EPA consideration on July 11, 2019. EPA will be taking action on this source in a fu- ture rulemaking action, once resubmitted by PADEP for approval into the PA SIP. g Global Advanced Metals USA Inc. will be acted on in a future rulemaking action.
I. Background On March 12, 2008, EPA strengthened Section 172(c)(1) of the CAA provides the 8-hour ozone standards, by revising that SIPs for nonattainment areas must A. 1997 and 2008 8-Hour Ozone its level to 0.075 ppm averaged over an include reasonably available control NAAQS 8-hour period (2008 8-hour ozone measures (RACM) for demonstrating Ground level ozone is not emitted NAAQS). On May 21, 2012, EPA attainment of all NAAQS, including directly into the air but is created by designated five marginal nonattainment emissions reductions from existing areas in Pennsylvania for the 2008 sources through the adoption of RACT. chemical reaction between NOX and VOC in the presence of sunlight. 8-hour ozone NAAQS: Allentown- Further, section 182(b)(2) of the CAA Emissions from industrial facilities, Bethlehem-Easton, Lancaster, Reading, sets forth additional RACT requirements electric utilities, motor vehicle exhaust, the Philadelphia Area, and the for ozone nonattainment areas classified gasoline vapors, and chemical solvents Pittsburgh Area. 77 FR 30088; see also as moderate or higher. 40 CFR 81.339. Section 182(b)(2) of the CAA sets are some of the major sources of NOX and VOC. Breathing ozone can trigger a On March 6, 2015, EPA announced its forth requirements regarding RACT for the ozone NAAQS for VOC sources. variety of health problems, particularly revocation of the 1997 Section 182(f) subjects major stationary for children, the elderly, and people of 8-hour ozone NAAQS for all purposes and for all areas in the country, effective sources of NOX to the same RACT all ages who have lung diseases such as on April 6, 2015. 80 FR 12264. EPA has requirements applicable to major asthma. Ground level ozone can also determined that certain nonattainment stationary sources of VOC.2 have harmful effects on sensitive planning requirements continue to be in Section 184(b)(1)(B) of the CAA vegetation and ecosystems. effect under the revoked standard for applies the RACT requirements in On July 18, 1997, EPA promulgated a nonattainment areas under the 1997 8- section 182(b)(2) to nonattainment areas standard for ground level ozone based hour ozone NAAQS, including RACT. classified as marginal and to attainment on 8-hour average concentrations. 62 FR areas located within ozone transport B. RACT Requirements for Ozone 38856. The 8-hour averaging period regions established pursuant to section replaced the previous 1-hour averaging The CAA regulates emissions of NOX 184 of the CAA. Section 184(a) of the period, and the level of the NAAQS was and VOC to prevent photochemical CAA established by law the current changed from 0.12 parts per million reactions that result in ozone formation. Ozone Transport Region (OTR) (ppm) to 0.08 ppm. EPA has designated RACT is an important strategy for comprised of 12 eastern states, two moderate nonattainment areas in reducing NOX and VOC emissions from including Pennsylvania. This Pennsylvania under the 1997 8-hour major stationary sources within areas ozone NAAQS, namely Philadelphia- not meeting the ozone NAAQS. 2 A ‘‘major source’’ is defined based on the Wilmington-Atlantic City, PA–NJ–MD– Areas designated nonattainment for source’s potential to emit (PTE) of NOX or VOC, and DE (the Philadelphia Area) and the applicable thresholds for RACT differs based on the ozone NAAQS are subject to the the classification of the nonattainment area in Pittsburgh-Beaver Valley (the Pittsburgh general nonattainment planning which the source is located. See sections 182(c)–(f) Area). See 40 CFR 81.339. requirements of CAA section 172. and 302 of the CAA.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16024 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
requirement is referred to as OTR RACT. 1997 8-hour ozone NAAQS as specified may conclude in some cases that As noted previously, a ‘‘major source’’ under section 182 of the CAA, including sources already addressed by RACT is defined based on the source’s PTE of RACT. See 40 CFR 51.1100(o). An area determinations for the 1979 1-hour and/ NOX, VOC, or both pollutants, and the remains subject to the anti-backsliding or 1997 8-hour ozone NAAQS may not applicable thresholds differ based on requirements for a revoked NAAQS need to implement additional controls the classification of the nonattainment until EPA approves a redesignation to to meet the 2008 8-hour ozone NAAQS area in which the source is located. See attainment for the area for the 2008 8- RACT requirement. See 80 FR 12278– sections 182(c)–(f) and 302 of the CAA. hour ozone NAAQS. There are no 12279. Since the 1970’s, EPA has effects on applicable requirements for C. Applicability of RACT Requirements consistently defined ‘‘RACT’’ as the areas within the OTR, as a result of the in Pennsylvania lowest emission limit that a particular revocation of the 1997 8-hour ozone source is capable of meeting by the NAAQS. Thus, Pennsylvania, as a state As indicated earlier, RACT application of the control technology within the OTR, remains subject to requirements apply to any ozone that is reasonably available considering RACT requirements for both the 1997 nonattainment areas classified as technological and economic feasibility.3 8-hour ozone NAAQS and the 2008 moderate or higher (serious, severe or EPA has provided more substantive 8-hour ozone NAAQS. extreme) under CAA sections 182(b)(2) RACT requirements through In addressing RACT, the 2008 Ozone and 182(f). Pennsylvania has implementation rules for each ozone SIP Requirements Rule is consistent outstanding ozone RACT requirements NAAQS as well as through guidance. In with existing policy and Phase 2 of the for both the 1997 and 2008 8-hour ozone 2004 and 2005, EPA promulgated an 1997 Ozone Implementation Rule. In the NAAQS. The entire Commonwealth of implementation rule for the 1997 8-hour 2008 Ozone SIP Requirements Rule, Pennsylvania is part of the OTR ozone NAAQS in two phases (‘‘Phase 1 EPA requires RACT measures to be established under section 184 of the of the 1997 Ozone Implementation implemented by January 1, 2017 for CAA and thus is subject statewide to the Rule’’ and ‘‘Phase 2 of the 1997 Ozone areas classified as moderate RACT requirements of CAA sections Implementation Rule’’). 69 FR 23951 nonattainment or above and all areas of 182(b)(2) and 182(f), pursuant to section (April 30, 2004) and 70 FR 71612 the OTR. EPA also provided in the 2008 184(b). (November 29, 2005), respectively. Ozone SIP Requirements Rule that At the time of revocation of the 1997 Particularly, the Phase 2 Ozone RACT SIPs must contain adopted RACT 8-hour ozone NAAQS (effective April 6, Implementation Rule addressed RACT regulations, certifications where 2015), only two moderate statutory requirements under the 1997 appropriate that existing provisions are nonattainment areas remained in the 8-hour ozone NAAQS. See 70 FR 71652. RACT, and/or negative declarations Commonwealth of Pennsylvania for this On March 6, 2015, EPA issued its stating that there are no sources in the standard, the Philadelphia and the final rule for implementing the 2008 nonattainment area covered by a Pittsburgh Areas. As required under 8-hour ozone NAAQS (‘‘the 2008 Ozone specific control technique guidelines EPA’s anti-backsliding provisions, these SIP Requirements Rule’’). 80 FR 12264. (CTG) source category. In the preamble two moderate nonattainment areas At the same time, EPA revoked the 1997 to the 2008 Ozone SIP Requirements continue to be subject to RACT under 8-hour ozone NAAQS, effective on April Rule, EPA clarified that states must the 1997 8-hour ozone NAAQS. Given 6, 2015.4 The 2008 Ozone SIP provide notice and opportunity for its location in the OTR, the remainder Requirements Rule provided public comment on their RACT SIP of the Commonwealth is also treated as comprehensive requirements to submissions, even when submitting a moderate nonattainment area under the transition from the revoked 1997 8-hour certification that the existing provisions 1997 8-hour ozone NAAQS for any ozone NAAQS to the 2008 8-hour ozone remain RACT or a negative declaration. planning requirements under the NAAQS, as codified in 40 CFR part 51, States must submit appropriate revoked standard, including RACT. The subpart AA, following revocation. supporting information for their RACT OTR RACT requirement is also in effect Consistent with previous policy, EPA submissions, in accordance with the under the 2008 8-hour ozone NAAQS determined that areas designated Phase 2 of the 1997 Ozone throughout the Commonwealth, since nonattainment for both the 1997 and Implementation Rule. Adequate EPA did not designate any 2008 8-hour ozone NAAQS at the time documentation must support that states nonattainment areas above marginal for of revocation, must retain have considered control technology that this standard in Pennsylvania. Thus, in implementation of certain is economically and technologically practice, the same RACT requirements nonattainment area requirements (i.e., feasible in determining RACT, based on continue to be applicable in anti-backsliding requirements) for the information that is current as of the time Pennsylvania for both the 1997 and of development of the RACT SIP. 2008 8-hour ozone NAAQS. RACT must 3 See December 9, 1976 memorandum from Roger In addition, in the 2008 Ozone SIP be evaluated and satisfied as separate Strelow, Assistant Administrator for Air and Waste Requirements Rule, EPA clarified that requirements under each applicable Management, to Regional Administrators, states can use weighted average NOX standard. ‘‘Guidance for Determining Acceptability of SIP RACT applies to major sources of Regulations in Non-Attainment Areas,’’ and also 44 emissions rates from sources in the FR 53762 (September 17, 1979). nonattainment area for meeting the NOX and VOC under each ozone 4 On February 16, 2018, the United States Court major NOX RACT requirement under the NAAQS or any VOC sources subject to of Appeals for the District of Columbia Circuit (D.C. CAA, as consistent with existing CTG RACT. Which NOX and VOC Cir. Court) issued an opinion on the 2008 Ozone 5 sources in Pennsylvania are considered SIP Requirements Rule. South Coast Air Quality policy. EPA also recognized that states Mgmt. Dist. v. EPA, No. 15–1115 (D.C. Cir. Feb. 16, ‘‘major’’ and are therefore subject to 5 2018). The D.C. Cir. Court found certain parts EPA’s NOX RACT guidance ‘‘Nitrogen Oxides reasonable and denied the petition for appeal on Supplement to the General Preamble’’ (57 FR Incentive Programs,’’ available at http:// those. In particular, the D.C. Cir. Court upheld the 55625; November 25, 1992) encouraged states to www.epa.gov/ttn/oarpg/t1/memoranda/eipfin.pdf. use of NOX averaging to meet RACT requirements develop RACT programs that are based on ‘‘area In addition, as mentioned previously, the D.C. Cir. for 2008 8-hour ozone NAAQS. However, the Court wide average emission rates.’’ Additional guidance Court recently upheld the use of NOX averaging to also found certain other provisions unreasonable. on area-wide RACT provisions is provided by EPA’s meet RACT requirements for 2008 8-hour ozone The D.C. Cir. Court vacated the provisions it found January 2001 economic incentive program guidance NAAQS. South Coast Air Quality Mgmt. Dist. v. unreasonable. titled ‘‘Improving Air Quality with Economic EPA, No. 15–1115 (D.C. Cir. Feb. 16, 2018).
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16025
RACT is dependent on the location of PADEP submitted a SIP revision Therefore, as authorized in CAA each source within the Commonwealth. addressing RACT under both the 1997 section 110(k)(3) and (k)(4), Sources located in nonattainment areas and 2008 Pennsylvania shall submit the following would be subject to the ‘‘major source’’ 8-hour ozone NAAQS in Pennsylvania. as case-by-case SIP revisions, by May 9, definitions established under the CAA. Specifically, the May 16, 2016 SIP 2020, for EPA’s approval as a condition In the case of Pennsylvania, sources submittal intended to satisfy sections of approval of 25 Pa. Code 128 and 129 located in any areas outside of moderate 182(b)(2)(C), 182(f), and 184 of the CAA in the May 16, 2016 SIP revision: (1) All or above nonattainment areas, as part of for both the 1997 and 2008 8-hour ozone facility-wide or system-wide averaging the OTR, shall be treated as if these NAAQS for Pennsylvania’s major NOX plans approved by PADEP under 25 Pa. areas were moderate. and VOC non-CTG sources, except Code 129.98 including, but not limited In Pennsylvania, the SIP program is ethylene production plants, surface to, any terms and conditions that ensure implemented primarily by the PADEP, active agents manufacturing, and mobile the enforceability of the averaging plan but also by local air agencies in equipment repair and refinishing.7 as a practical matter (i.e., any Philadelphia County (the City of monitoring, reporting, recordkeeping, or Philadelphia’s Air Management Services D. EPA’s Conditional Approval for testing requirements); and (2) all source- [AMS]) and Allegheny County, (the Pennsylvania’s RACT Requirements specific RACT determinations approved Allegheny County Health Department Under the 1997 and 2008 8-Hour Ozone by PADEP under 25 Pa. Code 129.99, [ACHD]). These agencies have NAAQS including any alternative compliance implemented numerous RACT On May 16, 2016, PADEP submitted schedules approved under 25 Pa. Code regulations and source-specific a SIP revision addressing RACT under 129.97(k) and 129.99(i); the case-by-case measures in Pennsylvania to meet the both the 1997 and 2008 8-hour ozone RACT determinations submitted to EPA applicable ozone RACT requirements. NAAQS in Pennsylvania. PADEP’s May for approval into the SIP should include Historically, statewide RACT controls 16, 2016 SIP revision intended to any terms and conditions that ensure have been promulgated by PADEP in address certain outstanding non-CTG the enforceability of the case-by-case or Pennsylvania Code Title 25— VOC RACT, VOC CTG RACT, and major source-specific RACT emission limitation as a practical matter (i.e., any Environmental Resources, part I— NO RACT requirements under the X monitoring, reporting, recordkeeping, or Department of Environmental CAA for both standards. The SIP testing requirements). See May 9, 2019 Protection, Subpart C—Protection of revision requested approval of (84 FR 20274). Natural Resources, Article III—Air Pennsylvania’s 25 Pa. Code 129.96–100, Resources, (25 Pa. Code) Chapter 129. Additional RACT Requirements for II. Summary of SIP Revisions AMS and ACHD have incorporated by Major Sources of NOX and VOCs (the In order to satisfy a requirement from reference Pennsylvania regulations, but ‘‘presumptive’’ RACT II rule). Prior to have also promulgated regulations EPA’s May 9, 2019 conditional the adoption of the RACT II rule, approval, PADEP has submitted to EPA, adopting RACT controls for their own Pennsylvania relied on the NOX and jurisdictions. In addition, AMS and SIP revisions addressing case-by-case VOC control measures in 25 Pa. Code RACT requirements for major sources in ACHD have submitted separate source- 129.92–95, Stationary Sources of NOX specific RACT determinations as SIP Pennsylvania subject to 25 Pa. Code and VOCs, (the RACT I rule) to meet 129.99. As noted in Table 1, on multiple revisions for sources within their RACT for non-CTG major VOC sources dates PADEP submitted to EPA, five respective jurisdictions, which have and major NOX sources. The separate SIP revisions pertaining to been approved by EPA. See 40 CFR requirements of the RACT I rule remain Pennsylvania’s case-by-case NOX and/or 52.2020(d)(1). in effect and continue to be States were required to make RACT VOC RACT determinations for 26 major implemented as RACT.8 On September sources located in the Commonwealth. SIP submissions for the 1997 8-hour 26, 2017, PADEP submitted a ozone NAAQS by September 15, 2006. PADEP provided documentation in its supplemental SIP revision which SIP revisions to support its case-by-case PADEP submitted a SIP revision on committed to address various RACT determinations for affected September 25, 2006, certifying that a deficiencies identified by EPA in their emission units at each major source number of previously approved VOC May 16, 2016 ‘‘presumptive’’ RACT II subject to 25 Pa. Code 129.99. RACT rules continued to satisfy RACT rule SIP revision. Specifically, in these SIP submittals, under the 1997 8-hour ozone NAAQS PADEP evaluated a total of 26 major for the remainder of Pennsylvania.6 On May 9, 2019, EPA conditionally NO and/or VOC sources in PADEP has met its obligations under the approved the RACT II rule based on X Pennsylvania for case-by-case RACT.9 1997 8-hour ozone NAAQS for its CTG PADEP’s September 26, 2017 commitment letter. See 84 FR 20274. In In the Pennsylvania RACT SIP and non-CTG VOC sources. See 82 FR revisions, PADEP included a case-by- 31464 (July 7, 2017). RACT control EPA’s final conditional approval, EPA noted that PADEP would be required to case RACT determination for the measures addressing all applicable CAA existing emissions units at each of these RACT requirements under the 1997 8- submit, for EPA’s approval, SIP revisions to address any facility-wide or major sources of NOX and/or VOC that hour ozone NAAQS have been required a source specific RACT implemented and fully approved in the system-wide averaging plan approved under 25 Pa. Code 129.98 and any case- determination. In PADEP’s RACT jurisdictions of ACHD and AMS. See 78 determinations an evaluation was FR 34584 (June 10, 2013) and 81 FR by-case RACT determinations under 25 Pa. Code 129.99. PADEP committed to completed to determine if previously 69687 (October 7, 2016). For the 2008 SIP-approved, case-by-case RACT 8-hour ozone NAAQS, states were submitting these additional SIP revisions within 12 months of EPA’s requirements (herein referred to as required to submit RACT SIP revisions RACT I) were more stringent and by July 20, 2014. On May 16, 2016, final conditional approval, specifically May 9, 2020. 9 As noted previously, EPA, in this action, is 6 The September 15, 2006 SIP submittal initially proposing approval for 19 of the 26 case-by-case 8 included Pennsylvania’s certification of NOX RACT These requirements were initially approved as RACT determinations submitted by PADEP in the regulations; however, NOX RACT portions were RACT for Pennsylvania under the 1979 1-hour applicable five SIP revisions. See Table 1 for withdrawn by PADEP on June 27, 2016. ozone NAAQS. information specific to each SIP revision.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16026 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
required to be retained in the sources replace the previous Federally-approved case-by-case RACT requirements, as Title V air quality permit and provisions. summarized in Table 2. subsequently, the Federally-approved EPA, in this action, is taking action on SIP, or if the new case-by-case RACT 19 major sources of NOX and/or VOC in requirements are more stringent and Pennsylvania, subject to Pennsylvania’s
TABLE 2—NINETEEN MAJOR NOX AND/OR VOC SOURCES IN PENNSYLVANIA SUBJECT TO CASE-BY-CASE RACT II UNDER THE 1997 AND 2008 8-HOUR OZONE NAAQS
Major Source 1-Hour ozone Major source pollutant RACT II permit RACT source? and/or VOC) (effective date) (county) (RACT I) (NOX
Exelon Generation—Fairless Hills (Bucks) ...... Yes ...... NOX ...... 09–00066 (01/27/17) The Boeing Co. (Delaware) ...... Yes ...... NOX and VOC ...... 23–00009 (01/03/17) Cherokee Pharmaceuticals, LLC (Northumberland) ...... Yes ...... VOC ...... 49–00007 (04/24/17) First Quality Tissue, LLC (Clinton) ...... No ...... VOC ...... 18–00030 (09/18/17) JW Aluminum Company (Lycoming) ...... No ...... VOC ...... 41–00013 (03/01/17) Ward Manufacturing, LLC (Tioga) ...... No ...... VOC ...... 59–00004 (01/10/17) Wood-Mode Inc. (Snyder) ...... Yes ...... VOC ...... 55–00005 (07/12/17) Foam Fabricators Inc. (Columbia) ...... No ...... VOC ...... 19–00002 (12/20/17) Resilite Sports Products Inc. (Northumberland) ...... Yes ...... VOC ...... 49–00004 (08/25/17) NRG Energy Center Paxton, LLC (Dauphin) ...... Yes ...... NOX ...... 22–05005 (03/16/18) Containment Solutions/Mt. Union Plant (Huntingdon) ...... Yes ...... VOC ...... 31–05005 (07/10/18) Armstrong World Ind./Marietta Ceiling Plant (Lancaster) ...... Yes ...... VOC ...... 36–05001 (06/28/18) Jeraco Enterprises Inc. (Northumberland) ...... Yes ...... VOC ...... 49–00014 (01/26/18) Blommer Chocolate Company (Montgomery) ...... No ...... VOC ...... 46–00198 (01/26/17) Texas Eastern—Bernville (Berks) ...... Yes ...... VOC ...... 06–05033 (03/16/18) Texas Eastern—Shermans Dale (Perry) ...... Yes ...... NOX ...... 50–05001 (03/26/18) Texas Eastern—Perulack (Juniata) ...... Yes ...... NOX and VOC ...... 34–05002 (03/27/18) Texas Eastern—Grantville (Dauphin) ...... Yes ...... NOX ...... 22–05010 (03/16/18) Texas Eastern—Bechtelsville (Berks) ...... Yes ...... NOX ...... 06–05034 (04/19/18)
The case-by-case RACT 8-hour ozone NAAQS for certain major EPA’s complete analysis of PADEP’s determinations submitted by PADEP sources of NOX and VOC emissions. case-by-case RACT SIP revisions is consist of an evaluation of all included in the TSD available in the III. EPA’s Evaluation of SIP Revisions reasonably available controls at the time docket for this rulemaking action and of evaluation for each affected emissions After thorough review and evaluation available online at https:// unit, resulting in a PADEP of the information provided by PADEP www.regulations.gov, Docket number determination of what specific control in its five SIP revision submittals for 19 EPA–R03–OAR–2019–0686. major sources of NOX and/or VOC in requirements, if any, satisfy RACT for IV. Proposed Action that particular unit. The adoption of Pennsylvania, EPA finds that PADEP’s new or additional controls or the case-by-case RACT determinations and Based on EPA’s review, EPA is revisions to existing controls as RACT conclusions provided are reasonable proposing to approve the Pennsylvania were specified as requirements in new and appropriately considered SIP revisions for the 19 case-by-case or revised Federally enforceable permits technically and economically feasible RACT facilities listed in Table 2 and (hereafter RACT II permits) issued by controls, while setting lowest achievable incorporate by reference in the PADEP to the source. The RACT II limits. EPA finds that the proposed Pennsylvania SIP, via the RACT II permits, which revise or adopt source-specific RACT controls for the permits, source specific RACT additional source-specific controls, have sources subject to this rulemaking determinations under the 1997 and 2008 been submitted as part of the action adequately meet the CAA RACT 8-hour ozone NAAQS for certain major Pennsylvania RACT SIP revisions for requirements for the 1997 and 2008 sources of NOX and VOC emissions. EPA’s approval in the Pennsylvania SIP 8-hour ozone NAAQS for the major EPA is soliciting public comments on under 40 CFR 52.2020(d)(1). The RACT sources of NOX and/or VOC in the issues discussed in this document. II permits submitted by PADEP are Pennsylvania, as they are not covered by These comments will be considered listed in the last column of Table 2, or cannot meet Pennsylvania’s before taking final action. As EPA views along with the permit effective date, and presumptive RACT regulation. each facility as a separable SIP revision, EPA also finds that all the proposed are part of the docket for this should EPA receive comment on one revisions to previously SIP approved rulemaking, which is available online at facility but not others, EPA may take RACT requirements, under the 1979 https://www.regulations.gov, Docket No. separate, final action on the remaining 1-hour ozone standard (RACT I), as EPA–R03–OAR–2019–0686.10 EPA is facilities. discussed in PADEP’s SIP revisions, proposing to incorporate by reference in will result in equivalent or additional V. Incorporation by Reference the Pennsylvania SIP, via the RACT II reductions of NO and/or VOC In this document, EPA is proposing to permits, source-specific RACT X emissions and should not interfere with include in a final EPA rule regulatory determinations under the 1997 and 2008 any applicable requirement concerning text that includes incorporation by attainment or reasonable further reference. In accordance with 10 The RACT II permits are redacted versions of a facility’s Federally enforceable permits and reflect progress with the NAAQS or interfere requirements of 1 CFR 51.5, EPA is the specific RACT requirements being approved with other applicable CAA requirement proposing to incorporate by reference into the Pennsylvania SIP. in section 110(l) of the CAA. source specific RACT determinations
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16027
via the RACT II permits as described in • Does not provide EPA with the instructions for submitting comments. Sections II and III—Summary of SIP discretionary authority to address, as Once submitted, comments cannot be Revisions and EPA’s Evaluation of SIP appropriate, disproportionate human edited or removed from Revisions. EPA has made, and will health or environmental effects, using www.regulations.gov. The EPA may continue to make, these materials practicable and legally permissible publish any comment received to its generally available through https:// methods, under Executive Order 12898 public docket. Do not submit www.regulations.gov and at the EPA (59 FR 7629, February 16, 1994). electronically any information you Region III Office (please contact the In addition, this proposed rule, consider to be Confidential Business person identified in the FOR FURTHER addressing the NOX and VOC RACT Information (CBI) or other information INFORMATION CONTACT section of this requirements for 19 case-by-case whose disclosure is restricted by statute. preamble for more information). facilities for the 1997 and 2008 8-hour Multimedia submissions (audio, video, ozone NAAQS, does not have tribal etc.) must be accompanied by a written VI. Statutory and Executive Order implications as specified by Executive comment. The written comment is Reviews Order 13175 (65 FR 67249, November 9, considered the official comment and Under the CAA, the Administrator is 2000), because the SIP is not approved should include discussion of all points required to approve a SIP submission to apply in Indian country located in the you wish to make. The EPA will that complies with the provisions of the state, and EPA notes that it will not generally not consider comments or CAA and applicable Federal regulations. impose substantial direct costs on tribal comment contents located outside of the 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law. primary submission (i.e., on the web, Thus, in reviewing SIP submissions, cloud, or other file sharing system). For List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, additional submission methods, the full provided that they meet the criteria of Environmental protection, Air EPA public comment policy, the CAA. Accordingly, this action pollution control, Incorporation by information about CBI or multimedia merely approves state law as meeting reference, Nitrogen dioxide, Ozone, submissions, and general guidance on Federal requirements and does not Reporting and recordkeeping making effective comments, please visit impose additional requirements beyond requirements, Volatile organic http://www2.epa.gov/dockets/ those imposed by state law. For that compounds. commenting-epa-dockets. reason, this proposed action: Dated: March 5, 2020. Docket: All documents in the docket • Is not a ‘‘significant regulatory Cosmo Servidio, are listed in the www.regulations.gov action’’ subject to review by the Office Regional Administrator, Region III. index. Although listed in the index, of Management and Budget under some information is not publicly [FR Doc. 2020–05662 Filed 3–19–20; 8:45 am] Executive Orders 12866 (58 FR 51735, available, e.g., CBI or other information October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P whose disclosure is restricted by statute. January 21, 2011); Certain other material, such as • Is not an Executive Order 13771 (82 copyrighted material, will be publicly FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION AGENCY available only in hard copy. Publicly action because SIP approvals are available docket materials are available exempted under Executive Order 12866. • 40 CFR Part 52 either electronically in Does not impose an information www.regulations.gov or in hard copy at collection burden under the provisions [EPA–R08–OAR–2019–0689; FRL–10006– the Air and Radiation Division, of the Paperwork Reduction Act (44 14–Region 8] Environmental Protection Agency U.S.C. 3501 et seq.); (EPA), Region 8, 1595 Wynkoop Street, • Is certified as not having a Approval and Promulgation of Air Quality Implementation Plans; North Denver, Colorado 80202–1129. The EPA significant economic impact on a requests that if at all possible, you substantial number of small entities Dakota; Revisions to Permitting Rules contact the individual listed in the FOR under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection FURTHER INFORMATION CONTACT section to U.S.C. 601 et seq.); Agency (EPA). view the hard copy of the docket. You • Does not contain any unfunded may view the hard copy of the docket mandate or significantly or uniquely ACTION: Proposed rule. Monday through Friday, 8:00 a.m. to affect small governments, as described SUMMARY: In accordance with section 4:00 p.m., excluding federal holidays. in the Unfunded Mandates Reform Act 110 of the Clean Air Act (CAA), the FOR FURTHER INFORMATION CONTACT: of 1995 (Pub. L. 104–4); Environmental Protection Agency (EPA) • Does not have Federalism Kevin Leone, Air and Radiation is proposing to approve State Division, EPA, Region 8, Mailcode 8P– implications as specified in Executive Implementation Plan (SIP) revisions Order 13132 (64 FR 43255, August 10, ARD–QP, 1595 Wynkoop Street, Denver, submitted by North Dakota on May 2, Colorado, 80202–1129, (303) 312–6227, 1999); 2019. The revisions contain • Is not an economically significant [email protected]. amendments to the State’s Ambient Air regulatory action based on health or SUPPLEMENTARY INFORMATION: Quality Standards, Permit to Construct, safety risks subject to Executive Order Throughout this document wherever and Prevention of Significant 13045 (62 FR 19885, April 23, 1997); ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean Deterioration (PSD) regulations. • Is not a significant regulatory action the EPA. subject to Executive Order 13211 (66 FR DATES: Comments: Written comments 28355, May 22, 2001); must be received on or before April 20, I. Background • Is not subject to requirements of 2020. On May 2, 2019, the State of North Section 12(d) of the National ADDRESSES: Submit your comments, Dakota submitted SIP revisions Technology Transfer and Advancement identified by Docket ID No. EPA–R08– containing amendments to N.D. Admin. Act of 1995 (15 U.S.C. 272 note) because OAR–2019–0689, to the Federal Code Chapter 33.1–15 (Air Pollution application of those requirements would Rulemaking Portal: https:// Control). The amendments address be inconsistent with the CAA; and www.regulations.gov. Follow the online changes to the State’s Ambient Air
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16028 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
Quality Standard for ozone and update CFR 52.21(k)(l)(l) is changed to 40 CFR comment’’ following specified the State’s PSD rules and permit-to- 52.21(k)(l)(i). In addition, in section procedures.7 However, portions of construct rules. These revisions became 33.1–15–15–01.2, the ‘‘substitute section 6(a) of this State regulation effective as a matter of State law on language’’ for 40 CFR 52.21(w)(l) is contain provisions related to ‘‘director’s January 1, 2019. We are proposing to deleted. That is, the State is removing discretion’’ that could allow revisions to approve all of these revisions, except for previously approved language SIP-approved emission limits with one provision described below that we containing minor changes to the federal limited public process, or without are addressing in a separate action, and regulation at 40 CFR 52.21(w)(1), with further approval by the EPA. In light of another provision that we are declining the result that the federal regulation as those concerns, North Dakota to act on in anticipation of a further written will be incorporated by committed to revise the reference to State submittal. reference into the State rules. ‘‘subsection 6 of 33–15–14–02’’ to This SIP submittal also includes an ‘‘subdivision 6.b of 33–15–14–02’’ in a II. Analysis of North Dakota’s May 2, amendment to section 33–15–15–01.2, future submittal.8 This revision 2019 Submittal addressing PSD modeling guidance by included in North Dakota’s May 2, 2019 A. Revisions to Chapter 33.1–15–15 referring to 40 CFR part 51, appendix W submittal revises 33.1–15–14–02.1.c by (Prevention of Significant Deterioration (Guideline on Air Quality Models) as it deleting the phrase ‘‘subdivision 6’’ and of Air Quality) existed on July 1, 2018. This supersedes adding the phrase ‘‘subdivision b of a comparable provision in North subsection 6.’’ The EPA notes that North Dakota’s May 2, 2019 submittal Dakota’s January 28, 2013 SIP submittal ‘‘subdivision b of subsection 6’’ in includes updates to the State’s PSD that referenced appendix W as of section 33.1–15–14–02 refers to the regulations at 33.1–15–15–01.2. The January 1, 2012. The EPA has not yet same provision as ‘‘subdivision 6.b’’ of current SIP-approved North Dakota rule acted on that provision in the 2013 that section. Accordingly, we are incorporates by reference 40 CFR 52.21 submittal and will not be taking action approving this revised version of the paragraphs (a)(2) through (e), (h) in it now that it has been superseded.4 State’s regulation at 33.1–15–14–02 into through (r), (v), (w), (aa) and (bb), as of We have proposed to act in a separate the SIP. July 1, 2015. Since that date, the EPA rulemaking on the 2019 submittal’s North Dakota is also correcting the has promulgated revisions to 40 CFR provision amending section 33–15–15– following typographical errors in 52.21, in response to the Utility Air 01.2, as it relates to updating the section 33.1–15–14–02(1)(c): The Regulatory Group (UARG) v. EPA incorporation by reference date to July reference to 33–15–13 is changed to decision addressing PSD permitting and 1, 2018 to be consistent with the current 33.1–15–13; the reference to 33–15–15 1 greenhouse gas (GHG) emissions. In 40 CFR 52.21(l)(1) provision.5 Thus, we is changed to 33.1–15–15; and the UARG, the Supreme Court held that the will not be acting on that revision in reference to 33–15–22–03 is changed to EPA may not treat GHGs as air this proposed rulemaking. 33.1–15–22–03. pollutants for purposes of determining whether a source is a major new source B. Revisions to Chapter 33–15–14 C. Revisions to Chapter 33.1–15–02 or modification required to obtain a PSD (Designated Air Contaminant Sources, (Ambient Air Quality Standards) permit. The Court also held that the Permit To Construct, Minor Source In 2015, the EPA promulgated a EPA could continue to require that PSD Operating Permit, Title V Operating revised ozone National Ambient Air permits otherwise required based on Permit) Quality Standard (NAAQS) of 0.070 emissions of non-GHG pollutants In its 2013 submittal, North Dakota parts per million (ppm).9 When a new contain limits on GHG emissions based amended chapter 33–15–14–02, Permit or revised NAAQS is promulgated, the on the application of Best Available to Construct, to include a general permit CAA requires each state to submit a SIP Control Technology (BACT). In response provision, and the EPA approved this revision to incorporate the new to the UARG decision, and to the rule as part of the SIP.6 On November standard. In chapter 33.1–15–02–07 subsequent Amended Judgment issued 11, 2016, the State submitted an (Concentrations of air contaminants in by the D.C. Circuit,2 in August 2015 the amended general permit regulation that EPA revised the federal PSD rules to included public participation language 7 N.D. Admin. Code §§ 33–15–14–02.1.c, 33–15– remove provisions vacated by the court, required by EPA regulations at 40 CFR 14–02.6. including 40 CFR 52.21(b)(49)(v) and 40 51.161. Specifically, the revised State 8 Letter from Terry O’Clair, Director, Division of 3 Air Quality, North Dakota Department of Health to CFR 51.166(b)(48)(v). The May 2, 2019 regulation required that ‘‘a proposed Monica Morales, Director, EPA Region 8 Air submittal updates the State’s general permit, any changes to a general Program (May 3, 2018). We note that the North incorporation by reference of 40 CFR permit, and any renewal of a general Dakota state legislature created the North Dakota 52.21 to reflect the federal rule as of July permit shall be subject to public Department of Environmental Quality (NDEQ) in 2017. The EPA subsequently approved changes to 1, 2018, which encompasses the EPA’s the North Dakota SIP to transfer authority to 2015 revisions removing the vacated 4 The EPA has previously acted on all other implement and enforce the EPA-approved SIP from provisions. portions of the 2013 submittal. See Final Rule, the North Dakota Department of Health (NDDH) to North Dakota is also correcting the Approval and Promulgation of Air Quality the new NDEQ. Final Rule, Approval and following typographical errors: (1) In Implementation Plans; North Dakota; Revisions to Promulgation of Implementation Plans; North Air Pollution Control Rules, 81 FR 72716 (Oct. 21, Dakota; Revisions to Infrastructure Requirements section 33.1–15–15–01.2, the reference 2016); Final Rule, Approval and Promulgation of for All National Ambient Air Quality Standards; to 40 CFR 52.21(23)(i) is changed to 40 Air Quality Implementation Plans; North Dakota; Carbon Monoxide (CO); Lead (Pb); Nitrogen Dioxide CFR 52.21(b)(23)(i); and (2) in section Revisions to Air Pollution Control Rules, 82 FR (NO), 84 FR 1610 (Feb. 5, 2019). We also approved 33.1–15–15–01.2, the reference to 40 46919 (Oct. 10, 2017); Final Rule, Approval and a recodification of the State’s previously approved Promulgation of Air Quality Implementation Plans; Air Pollution Control Rules, which changed the North Dakota; Revisions to Air Pollution Control chapter number from 33 to 33.1. Id. The letter from 1 134 S. Ct. 2427 (2014) (UARG). Rules, 84 FR 11646 (March 28, 2019). Mr. O’Clair references regulations according to the 2 Coalition for Responsible Regulation v. EPA, 606 5 Proposed rule, Air Quality State Implementation previous numbering scheme. See also Final rule, F. App’x 6, 7–8 (D.C. Cir. April 10, 2015). Plans; Approvals and Promulgations: Infrastructure Approvals Concerning Revisions to North Dakota’s 3 See Final Rule, Prevention of Significant Requirements for the 2015 Ozone National Ambient Environmental Protection Programs; Delay of Deterioration and Title V Permitting for Greenhouse Air Quality Standards; Colorado and North Dakota, Effective Dates, 84 FR 8260 (March 7, 2019). Gases: Removal of Certain Vacated Elements, 80 FR 84 FR 36516 (July 29, 2019). 9 Final Rule, National Ambient Air Quality 50199 (August 19, 2015). 6 See 82 FR at 46919. Standards for Ozone, 80 FR 65292 (Oct. 26, 2015).
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16029
the ambient air restricted), Table 1 is less than or equal to 0.075 ppm.’’ The action on the revision to 33.1–15–02–07, (Ambient Air Quality Standards) was reference to .075 ppm is erroneous. The Table 1 in this rulemaking. revised to reflect the 2015 ozone EPA understands that North Dakota is III. Proposed Action NAAQS of 0.070 parts per million. But currently addressing this error and the revision further states that ‘‘[t]he plans to submit a revised version of In this action, the EPA is proposing to standard is met when the 3-year average Table 1 to the EPA for approval in the approve SIP amendments to North of the annual fourth-highest daily future. Accordingly, we are taking no Dakota’s Air Pollution Control Rules, maximum 8-hour average concentration shown in Table 1, submitted by the at an ambient air quality monitoring site State of North Dakota on May 2, 2019.
TABLE 1—LIST OF NORTH DAKOTA AMENDMENTS THAT THE EPA IS PROPOSING TO APPROVE
Amended sections in the May 2, 2019 submittal proposed for approval
33.1–15–14–02; 33.1–15–15–01.2.
IV. Consideration of Section 110(l) of the CAA. Accordingly, this action practicable and legally permissible the CAA merely proposes to approve state law as methods, under Executive Order 12898 Under section 110(l) of the CAA, the meeting federal requirements and does (59 FR 7629, February 16, 1994). EPA cannot approve a SIP revision if the not impose additional requirements In addition, the SIP is not proposed to revision would interfere with any beyond those imposed by state law. For apply on any Indian reservation land or that reason, this proposed action: in any other area where the EPA or an applicable requirements concerning • attainment and reasonable further Is not a significant regulatory action Indian tribe has demonstrated that a progress (RFP) toward attainment of the subject to review by the Office of tribe has jurisdiction. The rule does not NAAQS, or any other applicable Management and Budget under have tribal implications and will not requirement of the Act. In addition, Executive Orders 12866 (58 FR 51735, impose substantial direct costs on tribal section 110(l) requires that each revision October 4, 1993) and 13563 (76 FR 3821, governments or preempt tribal law as to an implementation plan submitted by January 21, 2011); specified by Executive Order 13175 (65 • a state shall be adopted by the state after Is not an Executive Order 13771 (82 FR 67249, November 9, 2000). reasonable notice and public hearing. FR 9339, February 2, 2017) regulatory List of Subjects in 40 CFR Part 52 The North Dakota SIP revisions that the action because SIP approvals are Environmental protection, Air EPA proposes to approve do not exempted under Executive Order 12866; • pollution control, Incorporation by interfere with any applicable Does not impose an information reference, Intergovernmental relations, requirements of the Act. The revisions collection burden under the provisions Nitrogen dioxide, Particulate matter, to North Dakota’s Control of Air of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Sulfur oxides. Pollution regulations submitted on May • 2, 2019, ensure that the State’s PSD Is certified as not having a Authority: 42 U.S.C. 7401 et seq. program is in compliance with federal significant economic impact on a Dated: March 9, 2020. substantial number of small entities requirements. Therefore, CAA section Gregory Sopkin, 110(l) requirements are satisfied. under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Regional Administrator, Region 8. V. Incorporation by Reference • Does not contain any unfunded [FR Doc. 2020–05673 Filed 3–19–20; 8:45 am] The EPA is proposing to include in a mandate or significantly or uniquely BILLING CODE 6560–50–P final EPA rule regulatory text that affect small governments, as described in the Unfunded Mandates Reform Act includes incorporation by reference. In ENVIRONMENTAL PROTECTION accordance with requirements of 1 CFR of 1995 (Pub. L. 104–4); AGENCY 51.5, the EPA is proposing to • Does not have federalism incorporate by reference the implications as specified in Executive 40 CFR Part 52 amendments described in section III of Order 13132 (64 FR 43255, August 10, this proposed action. The EPA has 1999); [EPA–R08–OAR–2019–0690; FRL–10006– made, and will continue to make, these • Is not an economically significant 48–Region 8] regulatory action based on health or materials generally available through Approval and Promulgation of Air www.regulations.gov and at the EPA safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Quality Implementation Plans; State of Region 8 Office (please contact the Montana; Columbia Falls, Kalispell and person identified in the FOR FURTHER • Is not a significant regulatory action subject to Executive Order 13211 (66 FR Libby PM10 Nonattainment Area INFORMATION CONTACT section of this Limited Maintenance Plan and preamble for more information). 28355, May 22, 2001); • Is not subject to requirements of Redesignation Request VI. Statutory and Executive Order section 12(d) of the National AGENCY: Environmental Protection Reviews Technology Transfer and Advancement Agency (EPA). Under the CAA, the Administrator is Act of 1995 (15 U.S.C. 272 note) because ACTION: Proposed rule. required to approve a SIP submission application of those requirements would that complies with the provisions of the be inconsistent with the Clean Air Act; SUMMARY: The Environmental Protection Act and applicable federal regulations. and Agency (EPA) is proposing to fully 42 U.S.C. 7410(k); 40 CFR 52.02(a). • Does not provide the EPA with the approve three Limited Maintenance Thus, in reviewing SIP submissions, the discretionary authority to address, as Plans (LMPs), submitted by the State of EPA’s role is to approve state choices, appropriate, disproportionate human Montana to the EPA on July 23, 2019, provided that they meet the criteria of health or environmental effects, using for the Columbia Falls, Kalispell and
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16030 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
Libby Moderate nonattainment areas Denver, Colorado 80202–1129. The EPA B. Description of the Libby NAA (NAAs) for particulate matter with an requests that if at all possible, you aerodynamic diameter less than or equal contact the individual listed in the FOR The Libby PM10 NAA is an irregularly to a nominal 10 micrometers (PM10) and FURTHER INFORMATION CONTACT section to shaped portion of Lincoln County, concurrently redesignate the NAAs to view the hard copy of the docket. You comprising of the city of Libby, and the attainment of the 24-hour PM10 National may view the hard copy of the docket surrounding communities. The area was Ambient Air Quality Standard Monday through Friday, 8:00 a.m. to was originally designated as a Group I (NAAQS). In order to approve the LMPs 4:00 p.m., excluding federal holidays. area on August 7, 1987, meaning it was and redesignations, the EPA is likely to violate the PM10 NAAQS, and proposing to determine that the FOR FURTHER INFORMATION CONTACT: Kate was subsequently classified as a Kalispell and Libby NAAs have attained Gregory, Air and Radiation Division, Moderate NAA for the 1987 24-hour U.S. Environmental Protection Agency the 1987 24-hour PM10 NAAQS of 150 PM10 NAAQS on November 6, 1991. See mg/m3. This determination is based (EPA), Region 8, Mail Code 8P–ARD– 56 FR 56694. upon monitored air quality data for the QP, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6175, The State of Montana submitted an PM10 NAAQS during the years 2016– [email protected]. initial PM10 SIP to the EPA on 2018. The EPA is also proposing to November 25, 1991, with revisions and approve the Kalispell, Columbia Falls, SUPPLEMENTARY INFORMATION: corrections on May 24, 1993 and June 3, and Libby LMPs as meeting the Throughout this document wherever 1994. The State of Montana’s SIP for the appropriate transportation conformity ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Libby Moderate PM10 NAA included, requirements. the EPA. among other things: A comprehensive DATES: Written comments must be I. Background emissions inventory; RACM; a received on or before April 20, 2020. demonstration that attainment of the ADDRESSES: Submit your comments, A. Description of the Columbia Falls PM10 NAAQS would be achieved in identified by Docket ID No. EPA–R08– NAA Libby by December 31, 1994; RFP OAR–2019–0690 at http:// requirements; and control measures that www.regulations.gov. Follow the online The Columbia Falls NAA is one of satisfy the contingency measures instructions for submitting comments. three NAAs in Flathead County, is requirement of section 172(c)(9) of the Once submitted, comments cannot be rectangularly shaped, and generally CAA. The EPA approved the Libby NAA encompasses the downtown portion of edited or removed from PM10 attainment plan, with the www.regulations.gov The EPA may Columbia Falls and the nearby exception of the contingency plan, on publish any comment received to its surrounding areas. Columbia Falls and August 30, 1994 (59 FR 44627). public docket. Do not submit was originally designated as a Group I Revisions to the contingency plan were area on August 7, 1987, meaning it was electronically any information you submitted by Montana on March 15, likely to violate the PM NAAQS, and consider to be Confidential Business 10 1995 and subsequently approved on was subsequently classified as a Information (CBI) or other information September 30, 1996 (61 FR 51074). whose disclosure is restricted by statute. Moderate NAA for the 1987 24-hour Multimedia submissions (audio, video, PM10 NAAQS on November 6, 1991. See C. Description of the Kalispell NAA 56 FR 56694. States containing initial etc.) must be accompanied by a written The Kalispell NAA is one of three comment. The written comment is Moderate PM10 NAAs were required to submit, by November 15, 1991, a NAAs in Flathead County. It is considered the official comment and irregularly shaped and generally should include discussion of all points Moderate NAA State Implementation Plan (SIP) that, among other encompasses the City of Kalispell and you wish to make. The EPA will the nearby surrounding areas, including generally not consider comments or requirements, implemented Reasonably Available Control Measures (RACM) by the unincorporated community of comment contents located outside of the Evergreen. Kalispell was originally primary submission (i.e., on the web, December 10, 1993, and demonstrated whether it was practicable to attain the designated as a Group I area on August cloud, or other file sharing system). For 7, 1987, meaning it was likely to violate additional submission methods, the full PM10 NAAQS by December 31, 1994. the PM NAAQS, and was EPA public comment policy, See generally 57 FR 13498 (April 16, 10 subsequently classified as a Moderate information about CBI or multimedia 1992); see also 57 FR 18070 (April 28, NAA for the 1987 24-hour PM NAAQS submissions, and general guidance on 1992). 10 on November 6, 1991. See 56 FR 56694. making effective comments, please visit The State of Montana submitted an http://www2.epa.gov/dockets/ initial PM10 SIP to the EPA on May 6, The State of Montana submitted an commenting-epa-dockets. 1992, and subsequent submissions on initial PM10 SIP to the EPA on Docket: All documents in the docket August 26, 1994 and July 18, 1995. The November 25, 1991, and submitted three are listed in the www.regulations.gov State of Montana’s SIP for the Columbia additional submittals between 1991and index. Although listed in the index, Falls Moderate NAA included, among 1994. The State of Montana’s SIP for the some information is not publicly other things: A comprehensive Kalispell Moderate NAA included, available, e.g., CBI or other information emissions inventory; RACM; a among other things: A comprehensive whose disclosure is restricted by statute. demonstration that attainment of the emissions inventory; RACM; a Certain other material, such as PM10 NAAQS would be achieved in demonstration that attainment of the copyrighted material, will be publicly Columbia Falls by December 31, 1994; PM10 NAAQS would be achieved in available only in hard copy. Publicly Reasonable Further Progress (RFP) Kalispell by December 31, 1994; RFP available docket materials are available requirements; and control measures that requirements; and control measures that either electronically in satisfy the contingency measures satisfy the contingency measures www.regulations.gov or in hard copy at requirement of section 172(c)(9) of the requirement of section 172(c)(9) of the the Air and Radiation Division, U.S. CAA. The EPA fully approved the CAA. The EPA fully approved the Environmental Protection Agency Columbia Falls NAA PM10 attainment Kalispell NAA PM10 attainment plan on (EPA), Region 8, 1595 Wynkoop Street, plan on March 19, 1996 (61 FR 11153). March 19, 1996 (61 FR 11153).
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16031
II. Requirements for Redesignation determine transportation conformity violation of the PM10 NAAQS would with the SIP are no longer necessary. result. For transportation conformity A. CAA Requirements for Redesignation purposes, the EPA would conclude that of NAAs To qualify for the LMP Option, the area should have attained the 1987 24- emissions in these areas need not be NAAs can be redesignated to hour PM10 NAAQS, based upon the capped for the maintenance period; and attainment after the area has measured most recent 5 years of air quality data therefore, a regional emissions analysis air quality data showing it has attained at all monitors in the area, and the 24- would not be required. Similarly, the NAAQS and when certain planning hour design value should be at or below federal actions subject to the general requirements are met. Section the Critical Design Value (CDV). The conformity rule could be considered to 107(d)(3)(E) of the CAA, and the General CDV is a calculated design value that satisfy the ‘‘budget test’’ specified in 40 Preamble to Title I provide the criteria indicates that the area has a low CFR 93.158(a)(5)(i)(A) for the same for redesignation. See 57 FR 13498 probability (1 in 10) of exceeding the reasons that the budgets are essentially (April 16, 1992). These criteria are NAAQS in the future. For the purposes considered not limited. further clarified in a policy and of qualifying for the LMP option, a III. Review of Montana’s Submittal guidance memorandum from John presumptive CDV of 98 mg/m3 is most Addressing the Requirements for Calcagni, Director, Air Quality often employed, but an area may elect Management Division, EPA Office of Air Redesignation and Limited to use a site-specific CDV should the Maintenance Plans Quality Planning and Standards dated average design value be above 98 mg/m3, September 4, 1992, ‘‘Procedures for while demonstrating that the area has a A. Have the Columbia Falls, Kalispell Processing Requests to Redesignate low probability of exceeding the and Libby NAAs attained the applicable Areas to Attainment.’’ 1 The criteria for NAAQS in the future. The annual PM10 NAAQS? redesignation are: standard was effectively revoked on (1) The Administrator has determined December 18, 2006 (71 FR 61143), and States must demonstrate that an area that the area has attained the applicable as such will not be discussed as a has attained the 24-hour PM10 NAAQS NAAQS; requirement for qualifying for the LMP through analysis of ambient air quality (2) The Administrator has fully data from an ambient air monitoring approved the applicable SIP for the area option. In addition, the area should expect only limited growth in on-road network representing peak PM10 under section 110(k) of the CAA; concentrations. The data should be (3) The state containing the area has motor vehicle PM10 emissions (including fugitive dust) and should stored in the EPA Air Quality System met all requirements applicable to the (AQS) database. On January 31, 2011, area under section 110 and part D of the have passed a motor vehicle regional emissions analysis test. The LMP the EPA determined that the Columbia CAA; Falls NAA attained the PM NAAQS (4) The Administrator has determined Option memo also identifies core 10 provisions that must be included in the (76 FR 5280). Today, the EPA is that the improvement in air quality is proposing to determine that the Libby due to permanent and enforceable LMP. These provisions include an attainment year emissions inventory, and Kalispell NAAs have attained the reductions in emissions; and PM NAAQS based on monitoring data (5) The Administrator has fully assurance of continued operation of an 10 from calendar years 2016–2018. The 24- approved a maintenance plan for the EPA-approved air quality monitoring hour standard is attained when the area as meeting the requirements of network, and contingency provisions. expected number of days with levels section 175A of the CAA. C. Conformity Under the LMP Option above 150 mg/m3 (averaged over a 3-year B. The LMP Option for PM10 NAAs The transportation conformity rule period) is less than or equal to one. 40 On August 9, 2001, the EPA issued (40 CFR parts 51 and 93) and the general CFR 50.6(a). Three consecutive years of guidance on streamlined maintenance conformity rule (40 CFR parts 51 and air quality data are generally necessary plan provisions for certain moderate 93) apply to NAAs and maintenance to show attainment of the 24-hour and annual standards for PM10. See 40 CFR PM10 NAAs seeking redesignation to areas covered by an approved attainment (Memo from Lydia Wegman, maintenance plan. Under either part 50, appendix K. A complete year of Director, Air Quality Standards and conformity rule, an acceptable method air quality data, as referred to in 40 CFR Strategies Division, entitled ‘‘Limited of demonstrating that a federal action part 50, appendix K, is comprised of all Maintenance Plan Option for Moderate conforms to the applicable SIP is to four calendar quarters with each quarter containing data from at least 75% of the PM10 Nonattainment Areas,’’ (hereafter demonstrate that expected emissions the LMP Option memo)).2 The LMP from the planned action are consistent scheduled sampling days. Option memo contains a statistical with the emissions budget for the area. The Kalispell and Libby NAAs each demonstration to show that areas While the EPA’s LMP Option does not have one State and Local Air Monitoring meeting certain air quality criteria will, exempt an area from the need to affirm Station (SLAMS) monitor operated by with a high degree of probability, conformity, it explains that the area may the Montana Department of maintain the standard 10 years into the demonstrate conformity without Environmental Quality (MDEQ). Tables future. Thus, the EPA has already submitting an emissions budget. Under 1 and 2 summarize the PM10 data provided the maintenance the LMP Option, emissions budgets are collected from 2014–2018 for the demonstration for areas meeting the treated as essentially not constraining Kalispell and Libby NAAs, respectively. criteria outlined in the LMP Option for the length of the maintenance period The EPA deems the data collected from memo. It follows that future year because it is unreasonable to expect that these monitors valid, and the data have emission inventories for these areas, and the qualifying areas would experience been submitted by the MDEQ to be some of the standard analyses to so much growth in that period that a included in AQS.
1 The ‘‘Procedures for Processing Requests to memo_-_procedures_for_processing_requests_to_ criteria for development of a PM10 limited Redesignate Areas to Attainment’’ (Calcagni memo) redesignate_areas_to_attainment_090492.pdf. maintenance plan and can be found at https:// outlines the criteria for redesignation. The Calcagni 2 The ‘‘Limited Maintenance Plan Option for www.epa.gov/sites/production/files/2016-06/ memo can be found at https://www.epa.gov/sites/ Moderate PM Nonattainment Areas’’ outlines the documents/2001lmp-pm10.pdf. production/files/2016-03/documents/calcagni_ 10
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16032 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
3 TABLE 1—SUMMARY OF MAXIMUM 24-HOUR PM10 CONCENTRATIONS (μG/M ) FOR KALISPELL 2014–2018
Based on data from Flathead Valley (Soccer Complex) Site, AQS Identification Number (30–029–0049) Maximum 2nd maximum Number of Year concentration concentration exceedances Monitoring site
2014 ...... 108 89 0 Flathead Valley Soccer Complex. 2015 1 ...... 146 139 0 Flathead Valley Soccer Complex. 2016 ...... 87 84 0 Flathead Valley Soccer Complex. 20171 ...... 154 131 0 Flathead Valley Soccer Complex. 2018 ...... 131 99 0 Flathead Valley Soccer Complex. 1 EPA-concurred exceptional events were are excluded from this year.
3 TABLE 2—SUMMARY OF MAXIMUM 24-HOUR PM10 CONCENTRATIONS (μG/M ) FOR LIBBY 2014–2018
Based on data from Flathead Valley (Soccer Complex) Site, AQS Identification Number (30–029–0049) Maximum 2nd maximum Number of Year concentration concentration exceedances Monitoring site
2014 ...... 47 45 0 Courthouse Annex. 2015 1 ...... 143 113 0 Courthouse Annex. 2016 ...... 58 57 0 Courthouse Annex 2017 1 ...... 134 104 0 Courthouse Annex. 2018 ...... 112 106 0 Courthouse Annex. 1 EPA-concurred exceptional events were are excluded from this year.
The PM10 concentrations reported at December 31, 1994, (CAA sections implementation plans. These the Kalispell and Libby monitoring sites 172(c)(2) and 189(c)); and (4) requirements include, but are not showed no measured exceedances of the Contingency measures to be limited to, submittal of a SIP that has 24-hour PM10 NAAQS from 2014–2018, implemented if the area fails to make been adopted by the state after and as such, the EPA proposes to RFP or attain by its attainment deadline. reasonable notice and public hearing; determine that the Kalispell and Libby These contingency measures are to take provisions for establishment and Moderate NAAs have attained the effect without further action by the state operation of appropriate apparatus, standard for the 24-hour PM10 NAAQS. or the EPA. (CAA section 172(c)(9)). methods, systems and procedures necessary to monitor ambient air B. Do the Columbia Falls, Kalispell, and The EPA approved the Columbia quality; implementation of a permit Libby NAA have a fully approved SIP Falls, Kalispell and Libby Moderate area program; provisions for Part C— under CAA Section 110(k)? plans on March 19, 1996, March 19, 1996, and August 30, 1994, respectively; Prevention of Significant Deterioration In order to qualify for redesignation, and approved the revised contingency (PSD) and Part D—New Source Review the SIP for the area must be fully plan for Libby on September 30, 1996. (NSR) permit programs; criteria for approved under CAA section 110(k) and Each plan included RACM, an stationary source emission control must satisfy all requirements that apply attainment demonstration, emissions measures, monitoring and reporting, to the area. Section 189 of the CAA inventory, quantitative milestones, and provisions for modeling; and provisions contains requirements and milestones control and contingency measure for public and local agency for all initial Moderate NAA SIPs requirements. As such, the areas have participation. See the General Preamble including: (1) Provisions to assure that fully approved NAA SIPs under section for further explanation of these RACM (including such reductions in 110(k) of the CAA. requirements. 57 FR 13498 (April 16, emissions from existing sources in the 1992). C. Has the State met all applicable area as may be obtained through the For purposes of redesignation, the requirements under Section 110 and adoption, at a minimum, of Reasonably EPA’s review of the Montana SIP shows Part D of the CAA? Available Control Technology—RACT) that the State has satisfied all shall be implemented no later than Section 107(d)(3)(E) of the CAA requirements under section 110(a)(2) of December 10, 1993; (2) A demonstration requires that a state containing a NAA the CAA. Further, in 40 CFR 52.1372, (including air quality modeling) that the must meet all applicable requirements the EPA has approved Montana’s plan plan will provide for attainment as under section 110 and Part D of the for the attainment and maintenance of expeditiously as practicable by no later CAA for an area to be redesignated to the national standards under section than December 31, 1994, or, where the attainment. The EPA interprets this to 110. state is seeking an extension of the mean that the state must meet all 2. Part D Requirements attainment date under section 188(e), a requirements that applied to the area demonstration that attainment by prior to, and at the time of, the Part D contains general requirements December 31, 1994, is impracticable and submission of a complete redesignation applicable to all areas designated that the plan provides for attainment by request. The following is a summary of nonattainment. The general the most expeditious alternative date how Montana meets these requirements. requirements are followed by a series of practicable (CAA sections 189(a)(1)(A)); subparts specific to each pollutant. All 1. CAA Section 110 Requirements (3) Quantitative milestones which are to PM10 NAAs must meet the general be achieved every 3 years and which Section 110(a)(2) of the CAA contains provisions of Subpart 1 and the specific demonstrate RFP toward attainment by general requirements for state PM10 provisions in Subpart 4,
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16033
‘‘Additional Provisions for Particulate Montana has a fully approved milestones which were achieved every 3 Matter Nonattainment Areas.’’ The nonattainment NSR program, most years and which demonstrate RFP following paragraphs discuss these recently approved on August 30, 1995 toward attainment by December 31, requirements as they apply to the (60 FR 45051). Montana also has a fully 1994; and (d) Provisions to assure that Columbia Falls, Kalispell and Libby approved PSD program, most recently the control requirements applicable to NAAs. approved on August 30, 1995 (60 FR major stationary sources of PM10 also 45051). Upon the effective date of apply to major stationary sources of 3. Subpart 1, Section 172(c) redesignation of an area from PM10 precursors except where the Subpart 1, section 172(c) contains nonattainment to attainment, the Administrator determined that such general requirements for NAA plans. A requirements of the Part D NSR program sources do not contribute significantly thorough discussion of these will be replaced by the PSD program to PM10 levels which exceed the requirements may be found in the and the maintenance area NSR program. NAAQS in the area. These provisions General Preamble. See 57 FR 13538 were fully approved into the SIP upon 6. Section 172(c)(7)—Compliance With (April 16, 1992). CAA section 172(c)(2) the EPA’s approval of the PM CAA Section 110(a)(2): Air Quality 10 requires nonattainment plans to provide Moderate area plan for the Columbia Monitoring Requirements for RFP. Section 171(1) of the CAA Falls, Kalispell and Libby NAAs on defines RFP as ‘‘such annual Once an area is redesignated, the state March 19, 1996, March 19, 1996, and incremental reductions in emissions of must continue to operate an appropriate August 30, 1994, respectively. the relevant air pollutant as are required air monitoring network in accordance by this part (part D of title I) or may with 40 CFR part 58 to verify attainment D. Has the state demonstrated that the reasonably be required by the status of the area. The State of Montana air quality improvement is due to permanent and enforceable reductions? Administrator for the purpose of operates one PM10 SLAMS in each of ensuring attainment of the applicable the NAAs. The Flathead Valley, The state must be able to reasonably national ambient air quality standard by Kalispell and Libby monitoring sites attribute the improvement in air quality the applicable date.’’ Since the EPA is meet EPA SLAMS network design and to permanent and enforceable emission proposing to determine that the siting requirements set forth at 40 CFR reductions. In making this showing, the Kalispell and Libby NAAs are in part 58, appendices D and E. In section state must demonstrate that air quality attainment of the PM10 NAAQS, we 3.4 of each of the LMPs that we are improvements are the result of actual believe that no further showing of RFP proposing to approve, the State commits enforceable emission reductions. This or quantitative milestones is necessary. to continued operation of the showing should consider emission rates, monitoring network. production capacities, and other related 4. Section 172(c)(3)—Emissions information. The analysis should Inventory Section 7. Section 172(c)(9)—Contingency assume that sources are operating at Section 172(c)(3) of the CAA requires Measures permitted levels (or historic peak levels) a comprehensive, accurate, current The CAA requires that contingency unless evidence is presented that such inventory of actual emissions from all measures take effect if the area fails to an assumption is unrealistic. Permanent sources in the Columbia Falls, Kalispell meet RFP requirements or fails to attain and enforceable control measures in the and Libby PM10 NAAs. Montana the NAAQS by the applicable Columbia Falls, Kalispell and Libby included an emissions inventory for the attainment date. Since the Columbia NAA SIPs include RACM. Emission calendar year 2014 with July 23, 2019 Falls, Kalispell and Libby NAAs have sources in the three NAAs have been submittal of the LMP for the NAAs. The attained the 1987 24-hour PM10 implementing RACM for at least 10 LMP Option memo states that an NAAQS, contingency measures are no years. attainment inventory should represent longer required under section 172(c)(9) Areas that qualify for the LMP will emissions during the same 5-year period of the CAA. However, contingency meet the NAAQS, even under worst associated with the air quality data used provisions are required for maintenance case meteorological conditions. Under to determine that the area meets the plans under section 175(a)(d). We the LMP option, the maintenance applicability requirements of the LMP describe the contingency provisions demonstration is presumed to be option. The Columbia Falls, Kalispell Montana provided in the LMP section satisfied if an area meets the qualifying and Libby LMPs include an emission below. criteria. Thus, by qualifying for the inventory from 2014, representative of LMP, Montana has demonstrated that 8. Part D Subpart 4 the 2013–2017 5-year period which the air quality improvements in the served as the 5-year period relied upon Part D subpart 4, section 189(a), (c) Columbia Falls, Kalispell and Libby in the LMPs as meeting the air quality and (e) requirements apply to any NAAs are the result of permanent data requirements of the LMP option Moderate NAA area before the area can emission reductions and not a result of memo. be redesignated to attainment. The either economic trends or meteorology. requirements which were applicable A description of the LMP qualifying 5. Section 172(c)(5)—NSR prior to the submission of the request to criteria and how the Columbia Falls, The 1990 CAA Amendments redesignate the area must be fully Kalispell and Libby areas meet these contained revisions to the NSR program approved into the SIP before criteria is provided in the following requirements for the construction and redesignating the area to attainment. section. operation of new and modified major These requirements include: (a) stationary sources located in NAA. The Provisions to assure that RACM was 1. Permanent and Enforceable Emission CAA requires states to amend their SIPs implemented by December 10, 1993; (b) Reductions in the Columbia Falls NAA to reflect these revisions, but does not Either a demonstration that the plan Emissions in the Columbia Falls NAA require submittal of this element along provided for attainment as have been reduced 87.8% since 1990. with the other SIP elements. The CAA expeditiously as practicable but not The primary controls incorporated into established June 30, 1992, as the later than December 31, 1994, or a the SIP were rules specifying the submittal date for the revised NSR demonstration that attainment by that allowed material to be placed on roads programs (section 189 of the CAA). date was impracticable; (c) Quantitative and parking lots for sanding and chip
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16034 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
sealing; rules specifying street sweeping Lumber Company. The source specific m3 and 155 mg/m3 will remain in the Air and flushing requirements during the limits on the Champion International Quality System (AQS) database for use winter and summer months to reduce boilers remain in the SIP. in calculating DV’s for every purpose fugitive road dust; rules requiring the 3 E. Do the areas have a fully approved besides determining LMP eligibility. paving of new roads within the maintenance plan pursuant to Section The EER can be found in 40 CFR 50.14 Columbia Falls Control District; and 175A of the CAA? and 40 CFR 51.930, and outlines the permit requirements on the Plum Creek requirements for the treatment of In this action, we are proposing to sawmill, plywood and MDF facilities in monitored air quality data that has been Columbia Falls. Fugitive road dust approve the LMPs for the Columbia Falls, Kalispell and Libby NAAs in heavily influenced by an exceptional comprised nearly 51% of the event. 40 CFR 50.1(j) defines an uncontrolled emissions when the area accordance with the principles outlined in the LMP Option. exceptional event as an event which was designated nonattainment, and affects air quality, is not reasonably emissions from the Plum Creek facility F. Has the state demonstrated that the controllable or preventable, is an event accounted for 44% of the area’s Columbia Falls, Kalispell, and Libby caused by human activity that is uncontrolled emissions. Based on the NAAs qualify for the LMP option? 2014 NEI, current fugitive road dust unlikely to recur at a particular location The LMP Option memo outlines the emissions are less than 8% of their 1990 or a natural event and is determined by requirements for an area to qualify for levels and current emissions from the the Administrator in accordance with 40 the LMP Option. First, the area should Plum Creek facility are 14% of their CFR 50.14 to be an exceptional event. be attaining the NAAQS. As stated uncontrolled emissions. Exceptional events do not include above in Section III.A., the EPA has stagnation of air masses or 2. Permanent and Enforceable Emission determined that the Columbia Falls, meteorological inversions, Reductions in the Kalispell NAA Kalispell and Libby NAAs are attaining meteorological events involving high the PM NAAQS. Emissions in the Kalispell NAA have 10 temperatures or lack of precipitation, or Second, the average design value been reduced 74.0% since 1998. The (ADV) for the past 5 years of monitoring air pollution relating to source primary controls incorporated into the data (2014–2018) must be at or below noncompliance. 40 CFR 50.14(b) states SIP were rules specifying the allowed the CDV. As noted in Section II.B., the that the EPA shall exclude data from use material to be placed on roads and CDV is a margin of safety value and is in determinations of exceedances and parking lots for sanding and chip the value at which an area has been NAAQS violations where a state sealing; rules specifying street sweeping determined to have a 1 in 10 probability demonstrates to the EPA’s satisfaction and flushing requirements during the of exceeding the NAAQS. The LMP that an exceptional event caused a winter and summer months to reduce Option memo provides two methods for specific air pollution concentration in fugitive road dust; rules requiring the review of monitoring data for the excess of one or more NAAQS at a paving of new roads within the purpose of qualifying for the LMP particular air quality monitoring Kalispell Control District; and permit option. The first method is a location and otherwise satisfies the requirements on 11 stationary sources in comparison of a site’s ADV with the requirements of section 50.14. Tables 6, the NAA. 3 CDV of 98 mg/m for the 24-hour PM10 7 and 8 below include some exceptional 3. Permanent and Enforceable Emission NAAQS. A second method that applies events not formally concurred on by Reductions in the Libby NAA to the 24-hour PM10 NAAQS is the EPA. These exceptional events were calculation of a site-specific CDV and a Emissions in the Libby NAA have excluded by EPA in accordance with the comparison of the site-specific CDV been reduced 90.2% since 1989. The LMP guidance (see footnote 3). We have with the ADV for the past 5 years of primary controls incorporated into the concurred that these values can be monitoring data. Tables 3, 4 and 5 SIP were air pollution control rules in excluded for the sole purpose of outline the design values for the years Chapter 1, Subchapters 1 through 4, Limited Maintenance 2014–2018, and present the ADV. determining PM10 addressing solid fuel burning devices, Tables 6, 7 and 8 summarize the Plan (LMP) eligibility and supporting reentrained road dust control, and wildfire related events that were documentation of EPA’s concurrence outdoor burning regulations. excluded from the calculated design with the wildfire related events can be Additionally, the control plan values in Tables 3, 4 and 5, respectively. found in the docket.4 accounted for industrial emission Tables 6, 7 and 8 include all regionally reductions through permit revisions. concurred exceptional events, as well as These revisions required that RACT be 3 Option, US EPA, William T. Harnett, Director, Air values between 98 mg/m and 155 mg/ Quality Policy Division, OAQPS, May 7, 2009. applied to the Champion International 3 m , which were treated in a manner 4 February 8, 2019 letter to MDEQ, Re: boilers which resulted in derating Boiler analogous to exceedance data under the Exceptional Events Requests Regarding #7, reducing allowable emissions from Exceptional Events Rule (EER) for the Exceedances of the 24-hour PM10 NAAQS and the Boiler #8, and adding new controls on purpose of determining the LMP option LMP Eligibility Threshold at Montana Monitoring Boiler #9. Changing economic 3 Sites with PM10 Nonattainment Areas; and eligibility. The values between 98 mg/ November 1, 2018 letter to MDEQ, Re: Request for conditions, ultimately saw the closure EPA concurrence on exceptional event claims for of the wood products facility after a 3 Update on Application of the Exceptional fine (PM2.5) and coarse (PM10) particulate matter previous sale of the facility to Stimson Events Rule to the PM10 Limited Maintenance Plan data impacted by wildfires in 2015 and 2016.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16035
3 TABLE 3—SUMMARY OF 24-HOUR PM10 DESIGN VALUES (μG/M ) FOR COLUMBIA FALLS 2014–2018
Based on data from Flathead Valley (Soccer Complex.) Site, AQS Identification Number (30–029–0049) Design Design value years concentration Monitoring site (μg/m3)
2014–2016 ...... 60 Flathead Valley Soccer Complex. 2015–2017 ...... 66 Flathead Valley Soccer Complex. 2016–2018 ...... 74 Flathead Valley Soccer Complex.
Average Design Concentration (Of Most Recent 3 Design Concentrations) ...... 67
3 TABLE 4—SUMMARY OF 24-HOUR PM10 DESIGN VALUES (μG/M ) FOR KALISPELL 2014–2018
Based on data from Flathead Electric. Site, AQS Identification Number (30–029–0047) Design Design value years concentration Monitoring site (μg/m3)
2014–2016 ...... 89 Flathead Electric. 2015–2017 ...... 88 Flathead Electric. 2016–2018 ...... 90 Flathead Electric.
Average Design Concentration (Of Most Recent 3 Design Concentrations) ...... 89
3 TABLE 5—SUMMARY OF 24-HOUR PM10 DESIGN VALUES (μG/M ) FOR LIBBY 2014–2018
Based on data from Libby Courthouse Annex. Site, AQS Identification Number (30–053–0018) Design Design value years concentration Monitoring site (μg/m3)
2014–20161 ...... 90 Courthouse Annex. 2015–20171 ...... 92 Courthouse Annex. 2016–2018 ...... 95 Courthouse Annex.
Average Design Concentration (Of Most Recent 3 Design Concentrations) ...... 92
TABLE 6—24-HOUR PM10 EVENTS EXCLUDED FROM 2014–2018 COLUMBIA FALLS DESIGN VALUES
Date 24-Hour Value Monitoring site (μg/m3)
8/20/2015 ...... 140 Flathead Valley Soccer Complex. 8/21/2015 ...... 112 Flathead Valley Soccer Complex. 8/23/2015 ...... 112 Flathead Valley Soccer Complex. 8/24/2015 ...... 139 Flathead Valley Soccer Complex. 8/25/2015 ...... 109 Flathead Valley Soccer Complex. 8/26/2015 ...... 112 Flathead Valley Soccer Complex. 8/27/2015 ...... 136 Flathead Valley Soccer Complex. 8/28/2017 ...... 135 Flathead Valley Soccer Complex. 8/29/2015 ...... 138 Flathead Valley Soccer Complex. 9/6/2017 ...... * 182 Flathead Valley Soccer Complex. 9/7/2017 ...... * 228 Flathead Valley Soccer Complex. 9/8/2017 ...... * 225 Flathead Valley Soccer Complex. 9/9/2017 ...... 126 Flathead Valley Soccer Complex. 9/13/2017 ...... 102 Flathead Valley Soccer Complex. * EPA-Concurred Exceptional Event [other exceptional events not formally concurred on by EPA, were excluded by EPA in accordance with the LMP guidance, see footnote 3].
TABLE 7—24-HOUR PM10 EVENTS EXCLUDED FROM 2014–2018 KALISPELL DESIGN VALUES
24-hour value Date Monitoring site (μg/m3)
8/20/2015 ...... 125 Flathead Electric. 8/21/2015 ...... 103 Flathead Electric. 8/24/2015 ...... 139 Flathead Electric. 8/26/2015 ...... 125 Flathead Electric. 8/27/2015 ...... 123 Flathead Electric.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16036 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
TABLE 7—24-HOUR PM10 EVENTS EXCLUDED FROM 2014–2018 KALISPELL DESIGN VALUES—Continued
Date 24-hour value Monitoring site (μg/m3)
8/28/2017 ...... 133 Flathead Electric. 8/29/2015 ...... 146 Flathead Electric. 9/5/2017 ...... 131 Flathead Electric. 9/6/2017 ...... * 171 Flathead Electric. 9/7/2017 ...... * 194 Flathead Electric. 9/8/2017 ...... * 228 Flathead Electric. 9/9/2017 ...... 154 Flathead Electric. 9/13/2017 ...... * 158 Flathead Electric. * EPA-Concurred Exceptional Event [other events not formally concurred on by EPA, were excluded by EPA in accordance with the LMP guid- ance, see footnote 3].
TABLE 8—24-HOUR PM10 EVENTS EXCLUDED FROM 2014–2018 LIBBY DESIGN VALUES
Date 24-hour value Monitoring site (μg/m3)
8/20/2015 ...... 113 Courthouse Annex. 8/24/2015 ...... * 180 Courthouse Annex. 8/25/2015 ...... 102 Courthouse Annex. 8/27/2015 ...... 109 Courthouse Annex. 8/29/2015 ...... 143 Courthouse Annex. 9/5/2017 ...... 104 Courthouse Annex. 9/6/2017 ...... 101 Courthouse Annex. 9/7/2017 ...... 134 Courthouse Annex. 9/8/2017 ...... * 158 Courthouse Annex. * EPA-Concurred Exceptional Event [other events not formally concurred on by EPA, were excluded by EPA in accordance with the LMP guid- ance, see footnote 3].
The ADV for the 24-Hour PM10 threshold for LMP eligibility. However, CDV for each of the NAAs based on data NAAQS for Columbia Falls, Kalispell in the case of both Kalispell and Libby, from 2014–2018, utilized for satisfying and Libby, based on data from the these areas required the calculation of all the LMP requirements. Calculation of SLAMS monitors for the years 2014– an area specific CDV in order to pass the the 2014–2018 CDV for Kalispell and 2018, are 67 mg/m3, 89 mg/m3, and 92 mg/ motor vehicle regional emissions Libby can be found in the supporting m3, respectively. These values fall analysis test, described below and in documents in the docket.6 below the presumptive 24-Hour CDV of further detail in the LMP guidance 98 mg/m3, and would all meet the first document.5 Table 9 lists the respective
TABLE 9—CRITICAL DESIGN VALUES USED FOR DETERMINING LMP ELIGIBILITY
PM NAA 24-Hour CDV 2013–2018 ADV 10 (μg/m 3) (μg/m 3)
Columbia Falls ...... * 98 97 Kalispell ...... 124 89 Libby ...... 139.9 92 * Use of presumptive CDV as described in the LMP guidance document.
In addition to having an ADV that is 74.3 mg/m3, 109.7 mg/m3 and 100.3 mg/ hour ADV for each of the areas is less 3 lower than either the presumptive or m after 10 years, respectively, than the 24-hour PM10 presumptive and area specific CDV, in order to qualify for attributable to motor vehicle emission area-specific CDV. Finally, the areas the LMP, the area must meet the motor growth. For the calculations used to have met the regional vehicle emissions vehicle regional emissions analysis test determine how the Columbia Falls, analysis test. Thus, the Columbia Falls, in attachment B of the LMP Option Kalsipell and Libby NAAs passed the Kalispell and Libby NAAs qualify for memo. Using the methodology outlined motor vehicle regional analysis test, see the LMP Option described in the LMP in the memo, based on monitoring data the supporting documents in the Option memo. The LMP Option memo for the period 2016–2018, the EPA has docket.7 also indicates that once a state selects determined that the Columbia Falls, The monitoring data for the period the LMP Option and it is in effect, the Kalispell and Libby NAAs all pass the 2016–2018 shows that Columbia Falls, state will be expected to determine, on motor vehicle regional emissions Kalispell and Libby have attained the an annual basis, that the LMP criteria analysis test, with a projected DV of 24-hour NAAQS for PM10, and the 24- are still being met. If the state
5 ‘‘Limited Maintenace Plan Option for Moderate 6 Memo to file ‘‘Critical Design Value Calculations 7 See memo to file dated October 24, 2018 titled PM10 Nonattainment Areas—Attachment B.’’ for the Kalispell and Libby PM10 NAAs.’’ ‘‘Columbia Falls, Kalispell and Libby Motor Vehicle Regional Emissions Analysis.’’
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16037
determines that the LMP criteria are not redesignation of the area to attainment. or maintain compliance with the being met, it should take action to As explained in the LMP Option memo, NAAQS in the nonattainment or reduce PM10 concentrations enough to these contingency measures do not have maintenance areas. MVEBs are, requalify for the LMP. One possible to be fully adopted at the time of however, treated differently with approach the state could take is to redesignation. As noted above, CAA respect to LMP areas.8 implement contingency measures. section 175A requirements are distinct Our LMP Option memorandum does Please see section 3.6 of each of the from CAA section 172(c)(9) contingency not require that MVEBs be identified in three LMPs for a description of measures. Section 3.6 of the Columbia the maintenance plan. While the EPA’s contingency provisions submitted as Falls, Kalispell and Libby LMPs LMP Option memorandum does not part of the State’s submittal. describe a process and timeline to exempt an area from the need to affirm identify and evaluate appropriate conformity, it explains that the area may G. Does the state have an approved demonstrate transportation conformity attainment emissions inventory which contingency measures in the event of a quality assured violation of the PM10 without identifying and submitting a can be used to demonstrate attainment MVEB. The basis for this provision is of the NAAQS? NAAQS. Upon notification of a PM10 exceedance in any of the three areas, the that it is unreasonable to expect that an The state’s approved attainment plan MDEQ and the appropriate local LMP area will experience so much should include an emissions inventory government will develop contingency growth during the maintenance period (attainment inventory) which can be measures designed to prevent or correct that a violation of the PM10 NAAQS used to demonstrate attainment of the a violation of the PM10 standard. This would result. Therefore, for NAAQS. The inventory should process will be completed within twelve transportation conformity purposes, the represent emissions during the same months of the exceedance notification. EPA has concluded that mobile source 5-year period associated with air quality Upon violating the PM10 standard, the emissions in LMP areas need not be data used to determine whether the area MDEQ and local government will capped, with respect to a MVEB, for the meets the applicability requirements of determine if the local contingency maintenance period and a regional the LMP Option. The state should measures will be adequate to prevent emissions analysis (40 CFR 93.118), for review its inventory every 3 years to further exceedances or violations. If the transportation conformity purposes, is ensure emissions growth is incorporated agencies determine that local measures also not required. in the attainment inventory if necessary. will be inadequate, the MDEQ and local However, since LMP areas are still In this instance, Montana completed an government will adopt state-enforceable maintenance areas, certain aspects will attainment year inventory for the measures. continue to be required for attainment year 2014 for all three NAAs. The current and proposed transportation projects located within The EPA has reviewed the 2014 contingency provisions in the Columbia the Columbia Falls, Kalispell and Libby emissions inventories and determined Falls, Kalispell and Libby LMPs meet PM10 maintenance areas. Specifically, that they are current, accurate and the requirements for contingency for conformity determinations, projects complete. In addition, the emissions provisions as outlined in the LMP will have to demonstrate that they are inventory submitted with the LMP for Option memo. fiscally constrained (40 CFR 93.108) and the calendar year 2014 is representative meet the criteria for consultation (40 of the level of emissions during the time J. Has the state met transportation and CFR 93.105 and 40 CFR 93.112) and period used to calculate the ADV since general conformity requirements? timely implementation (as applicable) of 2014 is included in the 5-year period 1. Transportation Conformity Transportation Control Measures (40 used to calculate the design values CFR 93.113). In addition, projects (2013–2017). Transportation conformity is required located within the Columbia Falls, by section 176(c) of the CAA. Kalispell and Libby PM10 LMP areas H. Does the LMP include an Assurance Conformity to a SIP means that will be required to be evaluated for of Continued Operation of an transportation activities will not potential PM10 hot-spot issues in order appropriate EPA-approved Air Quality produce new air quality violations, to satisfy the ‘‘project level’’ conformity Monitoring Network, in accordance with worsen existing violations, or delay determination requirements. As 40 CFR part 58? timely attainment of the NAAQS (CAA appropriate, a project may then need to PM10 monitoring networks for the section 176(c)(1)(B)). The EPA’s address the applicable criteria for a Columbia Falls, Kalispell and Libby conformity rule at 40 CFR part 93, PM10 hot-spot analysis as provided in 40 NAAs have been developed and subpart A requires that transportation CFR 93.116 and 40 CFR 93.123. maintained in accordance with federal plans, programs and projects conform to Finally, our proposed approval of the siting and design criteria in 40 CFR part SIPs and establishes the criteria and Columbia Falls, Kalispell and Libby 58, appendices D and E and in procedures for determining whether or PM10 LMPs affect future PM10 project- consultation with the EPA Region 8. In not they conform. To effectuate its level transportation conformity Section 3.4 of the Columbia Falls, purpose, the conformity rule typically determinations as prepared by the Kalispell and Libby LMPs, Montana requires a demonstration that emissions Montana Department of Transportation states that it will continue to operate its from the applicable Regional in conjunction with the Federal monitoring network to meet EPA Transportation Plan and the Highway Administration and the requirements. Transportation Improvement Program Federal Transit Administration. See 40 are consistent with the motor vehicle CFR 93.100. As such, the EPA is I. Does the plan meet the CAA emission budget (MVEB) contained in proposing to approve the Columbia requirements for contingency provisions the control strategy SIP revision or Falls, Kalispell and Libby LMPs as for maintenance plans? maintenance plan (40 CFR 93.101, meeting the appropriate transportation Section 175A of the CAA states that 93.118, and 93.124). The EPA notes that a maintenance plan must include a MVEB is usually defined as the level 8 Further information concerning the EPA’s contingency provisions, as necessary, to of mobile source emissions of a interpretations regarding MVEBs can be found in the preamble to the EPA’s November 24, 1993, promptly correct any violation of the pollutant relied upon in the attainment transportation conformity rule (see 58 FR 62193– NAAQS which may occur after or maintenance demonstration to attain 62196).
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16038 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
conformity requirements found in 40 merely proposes to approve state law as Particulate matter, Reporting and CFR part 93, subpart A. meeting federal requirements and does recordkeeping requirements. not impose additional requirements 2. General Conformity Authority: 42 U.S.C. 7401 et seq. beyond those imposed by state law. For Federal actions, other than that reason, this action: Dated: March 12, 2020. transportation conformity, that meet • Is not a ‘‘significant regulatory Gregory Sopkin, specific criteria need to be evaluated action’’ subject to review by the Office Regional Administrator, EPA Region 8. with respect to the requirements of 40 of Management and Budget under [FR Doc. 2020–05671 Filed 3–19–20; 8:45 am] CFR part 93, subpart B. The EPA’s Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P general conformity rule requirements October 4, 1993) and 13563 (76 FR 3821, are designed to ensure that emissions January 21, 2011); from a federal action will not cause or • Is not an Executive Order 13771 (82 ENVIRONMENTAL PROTECTION contribute to new violations of the FR 9339, February 2, 2017) regulatory AGENCY NAAQS, exacerbate current violations, action because SIP approvals are or delay timely attainment. However, as exempted under Executive Order 12866; 40 CFR Parts 52 and 81 • noted in our LMP Option memorandum Does not impose an information [EPA–R03–OAR–2019–0577; FRL–10006– and similar to the above discussed collection burden under the provisions 77–Region 3] transportation conformity provisions, of the Paperwork Reduction Act (44 federal actions subject to our general U.S.C. 3501 et seq.); Air Plan Approval; West Virginia; conformity requirements would be • Is certified as not having a Redesignation and Maintenance Plan considered to satisfy the ‘‘budget test,’’ significant economic impact on a for the West Virginia Portion of the as specified in 40 CFR 93.158(a)(5)(i)(A). substantial number of small entities Steubenville Sulfur Dioxide As discussed above, the basis for this under the Regulatory Flexibility Act (5 Nonattainment Area provision in the LMP Option U.S.C. 601 et seq.); memorandum is that it is unreasonable • Does not contain any unfunded AGENCY: Environmental Protection to expect that an LMP area will mandate or significantly or uniquely Agency (EPA). experience so much growth during the affect small governments, as described ACTION: Proposed rule. maintenance period that a violation of in the Unfunded Mandates Reform Act SUMMARY: In accordance with the Clean the PM10 NAAQS would result. of 1995 (Public Law 104–4); • Air Act (CAA), the Environmental Therefore, for purposes of general Does not have federalism Protection Agency (EPA) is proposing to conformity, a general conformity PM10 implications as specified in Executive redesignate the West Virginia portion of emissions budget does not need to be Order 13132 (64 FR 43255, August 10, the Steubenville, Ohio-West Virginia identified in the maintenance plan, nor 1999); multi-state sulfur dioxide (SO ) • Is not an economically significant 2 submitted, and the emissions from nonattainment area (referred to as the regulatory action based on health or federal agency actions are essentially ‘‘Steubenville Nonattainment Area’’ or safety risks subject to Executive Order considered to not be limited. the ‘‘Area’’) from nonattainment to 13045 (62 FR 19885, April 23, 1997); IV. The EPA’s Proposed Action • Is not a significant regulatory action attainment. EPA is also proposing to For the reasons explained in Section subject to Executive Order 13211 (66 FR approve West Virginia’s maintenance III, we are proposing to approve the 28355, May 22, 2001); plan for its portion of the Steubenville
LMP for the Columbia Falls, Kalispell • Is not subject to requirements of Nonattainment Area. Emissions of SO2 and Libby NAAs and the State’s request section 12(d) of the National in the Area have been reduced and to redesignate the Columbia Falls, Technology Transfer and Advancement ambient SO2 readings in the Kalispell and Libby NAAs from Act of 1995 (15 U.S.C. 272 note) because nonattainment area are currently well nonattainment to attainment for the application of those requirements would below the 2010 1-hour SO2 national ambient air quality standard (NAAQS). 1987 24-hour PM10 NAAQS. be inconsistent with the CAA; and Additionally, the EPA is proposing to • Does not provide the EPA with the DATES: Written comments must be determine that the Kalispell and Libby discretionary authority to address, as received on or before April 20, 2020. NAAs have attained the NAAQS for appropriate, disproportionate human ADDRESSES: Submit your comments, PM10. This determination is based upon health or environmental effects, using identified by Docket ID No. EPA–R03– monitored air quality data for the PM10 practicable and legally permissible OAR–2019–0577 at https:// NAAQS during the years 2016–2018. methods, under Executive Order 12898 www.regulations.gov or via email to The EPA is proposing to approve the (59 FR 7629, February 16, 1994). [email protected]. For Columbia Falls, Kalispell and Libby In addition, the SIP is not approved to comments submitted at Regulations.gov, LMPs as meeting the appropriate apply on any Indian reservation land or follow the online instructions for transportation conformity requirements in any other area where the EPA or an submitting comments. Once submitted, found in 40 CFR part 93, subpart A. Indian tribe has demonstrated that a comments cannot be edited or removed tribe has jurisdiction. In those areas of from Regulations.gov. For either manner V. Statutory and Executive Orders Indian country, the proposed rule does of submission, EPA may publish any Review not have tribal implications and will not comment received to its public docket. Under the CAA, the Administrator is impose substantial direct costs on tribal Do not submit electronically any required to approve a SIP submission governments or preempt tribal law as information you consider to be that complies with the provisions of the specified by Executive Order 13175 (65 Confidential Business Information (CBI) Act and applicable federal regulations. FR 67249, November 9, 2000). or other information whose disclosure is 42 U.S.C. 7410(k); 40 CFR 52.02(a). restricted by statute. Multimedia Thus, in reviewing SIP submissions, the List of Subjects in 40 CFR Part 52 submissions (audio, video, etc.) must be EPA’s role is to approve state choices, Environmental protection, Air accompanied by a written comment. provided that they meet the criteria of pollution control, Incorporation by The written comment is considered the the CAA. Accordingly, this action reference, Intergovernmental relations, official comment and should include
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16039
discussion of all points you wish to Ohio and West Virginia were required portion and West Virginia portion of the make. EPA will generally not consider to prepare State Implementation Plan Steubenville Nonattainment Area or comments or comment contents located (SIP) revisions that provided for only in West Virginia, are discussed outside of the primary submission (i.e. attainment of the SO2 NAAQS in the below. These criteria are: on the web, cloud, or other file sharing Steubenville Nonattainment Area by the 1. EPA has determined that the area has system). For additional submission SO2 attainment date of October 4, 2018. attained the relevant NAAQS. Section methods, please contact the person These ‘‘attainment plans’’ or 107(d)(3)(E)(i). In this rulemaking, EPA is identified in the FOR FURTHER ‘‘attainment demonstrations’’ were also evaluating whether the entire two-state Area INFORMATION CONTACT section. For the required to meet the requirements of is attaining the SO2 NAAQS. full EPA public comment policy, sections 172(c) and 191–192 of the CAA. 2. The applicable implementation plan has information about CBI or multimedia West Virginia’s attainment plan SIP been fully approved by EPA under section revision was submitted to EPA through 110(k) of the CAA. Section 107(d)(3)(E)(ii). In submissions, and general guidance on this rulemaking, EPA is evaluating making effective comments, please visit the West Virginia Department of redesignation for only the West Virginia https://www2.epa.gov/dockets/ Environmental Protection (WVDEP) on portion of the Area on the basis of whether commenting-epa-dockets. April 25, 2016, with a supplemental West Virginia’s applicable implementation FOR FURTHER INFORMATION CONTACT: Sara submission from WVDEP on November plan has been fully approved. Calcinore, Planning & Implementation 27, 2017 and a clarification letter on 3. EPA has determined that improvement Branch (3AD30), Air & Radiation May 1, 2019. Ohio’s attainment plan SIP in air quality is due to permanent and revision was submitted to EPA through enforceable reductions in emissions resulting Division, U.S. Environmental Protection from the applicable implementation plans, Agency, Region III, 1650 Arch Street, the Ohio Environmental Protection Agency (OEPA) on April 1, 2015 with Federal regulations, and other permanent and Philadelphia, Pennsylvania 19103. The enforceable reductions. Section telephone number is (215) 814–2043. supplemental submissions on October 107(d)(3)(E)(iii). In this rulemaking, EPA is Ms. Calcinore can also be reached via 13, 2015, March 25, 2019, and June 25, evaluating this criterion for both the Ohio electronic mail at calcinore.sara@ 2019. EPA proposed to approve the and West Virginia portions of the epa.gov. attainment plans submitted by Ohio and Steubenville Nonattainment Area. West Virginia on June 24, 2019. 84 FR 4. EPA has fully approved a maintenance SUPPLEMENTARY INFORMATION: 29456. On October 22, 2019, EPA plan, including a contingency plan, for the Throughout this document whenever approved the attainment plans for the area that meets the requirements of section ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Steubenville Nonattainment Area. 84 FR 175A of the CAA. Section 107(d)(3)(E)(iv). In EPA. This supplementary information 56385. EPA’s October 22, 2019 approval this rulemaking, EPA is evaluating only section is arranged as follows: whether West Virginia’s maintenance plan also revised the West Virginia SIP to provides for its share of actions to assure I. Background and Redesignation include new emissions limits, maintenance in the two-state Area. Requirements operational restrictions, and associated 5. EPA has determined that the state has II. Relationship Between This Rulemaking compliance requirements for Mountain met all applicable requirements for the area and the Attainment Plan Rulemaking State Carbon (MSC) and revised the under section 110 and part D. Section III. Determination of Attainment Ohio SIP to include limits on emissions 107(d)(3)(E)(v). In this rulemaking, EPA is IV. CAA Section 110 and Part D from Mingo Junction Energy Center evaluating redesignation for only the West Requirements and Fully Approved SIP Virginia portion of the Area on the basis of Under CAA section 110(k) (also known as ‘‘R.G. Steel-Wheeling Mingo Junction’’), the JSW Steel USA whether West Virginia has met these V. Permanent and eNforceable Emission applicable requirements. Reductions Ohio facility (JSW Steel), and the VI. Maintenance Plan American Electric Power (AEP) Cardinal II. Relationship Between This VII. Proposed Action Power Plant (referred to as ‘‘Cardinal Rulemaking and the Attainment Plan VIII. Statutory and Executive Order Reviews Power Plant’’). Rulemaking On June 25, 2019, Ohio submitted a I. Background and Redesignation Some of the criteria for this proposed Requirements request to redesignate the Ohio portion of the Steubenville Nonattainment Area. redesignation are met by elements of the In 2010, EPA established a revised EPA redesignated the Ohio portion of previously approved Ohio and West primary hourly annual SO2 NAAQS of the Steubenville Nonattainment Area to Virginia attainment plans. In particular, 75 parts per billion (ppb). 75 FR 35520, attainment on November 29, 2019. 84 part of the evidence that the Area is June 22, 2010; 40 CFR 50.17. EPA FR 65683. On August 22, 2019, West attaining the SO2 NAAQS is based on designated the Steubenville, Ohio-West Virginia submitted a request to modeling included in the two states’ Virginia area as nonattainment for the redesignate the West Virginia portion of attainment plans and related 2010 SO2 NAAQS on August 5, 2013, the Steubenville Nonattainment Area. supplemental submittals. The SO2 based upon air quality monitoring data Under CAA section 107(d)(3)(E), five emission limits that assure the for calendar years 2009–2011. 78 FR criteria must be met before a permanence and Federal enforceability 47191; 40 CFR 81.349, 81.336. The nonattainment area may be redesignated of the air quality improvement in the Steubenville Nonattainment Area is to attainment. Although the Area were also submitted as part of the comprised of a portion of Jefferson Steubenville Nonattainment Area attainment plans. County, Ohio and a portion of Brooke includes portions within two states, this As noted previously, EPA proposed to County, West Virginia. The Ohio action only proposes to redesignate the approve the Ohio and West Virginia portion of the nonattainment area West Virginia portion of this area. As attainment plans on June 24, 2019, at 84 includes Cross Creek Township, stated previously, the Ohio portion of FR 29456, and issued a final approval Steubenville Township, Warren the Steubenville Nonattainment Area on October 22, 2019. 84 FR 56385. This Township, Wells Township, and was redesignated to attainment on rulemaking is not reopening any portion Steubenville City in Jefferson County. November 29, 2019. of that rulemaking. For example, this 40 CFR 81.336. The West Virginia The five criteria in CAA section rulemaking does not solicit any portion of the nonattainment area is the 107(d)(3)(E) that must be met, and EPA’s additional comments on the modeling Cross Creek Tax District in Brooke interpretation of whether any of the in the two states’ attainment plans, on County. 40 CFR 81.349. criteria must be met in both the Ohio the adequacy of the limits in those plans
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16040 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
for assuring attainment, or generally on generally requiring air quality modeling, Table 1 shows the 99th percentile whether those plans warranted to demonstrate that the entire area is results and three-year average design approval. Comments on these topics attaining the applicable NAAQS based values for the Steubenville were germane to the attainment plans on current actual emissions or the fully Nonattainment Area monitors for 2016– rulemaking and were solicited in that implemented control strategy. 2014 SO2 2018, which are the most recent three rulemaking. EPA addressed these topics Guidance, p.62. West Virginia has years of complete, quality-assured data. in the attainment plans rulemaking but addressed both components. The 2016–2018 design value 1 for the received no comments on these topics Under EPA regulations at 40 CFR Steubenville Nonattainment Area is 37 in that rulemaking. As stated 50.17, the 2010 1-hour SO NAAQS is ppb, which is well below the 2010 SO2 previously, EPA’s proposed approval of 2 met at an ambient air quality monitoring NAAQS of 75 ppb. This design value, West Virginia’s redesignation request is site when the three-year average of the which was measured at the Weirton- based in part on the final rulemaking approving the Ohio and West Virginia annual 99th percentile of one-hour daily Marland Heights monitor (Site ID 54– attainment plans. maximum concentrations is less than or 009–0011), in Brooke County, West equal to 75 ppb, as determined in Virginia, is the highest monitored III. Determination of Attainment accordance with appendix T of 40 CFR design value in the Steubenville The first requirement for part 50, at all relevant monitoring sites Nonattainment Area. Therefore, West redesignation is to demonstrate that the in the subject area. EPA has reviewed Virginia has demonstrated that the 2010 1-hour SO2 NAAQS has been the ambient air monitoring data for the Steubenville Nonattainment Area’s SO2 attained in the entire Steubenville Steubenville Nonattainment Area monitors currently show attainment of Nonattainment Area. As stated in EPA’s included in West Virginia’s the 2010 SO2 NAAQS. For every 3-year April 23, 2014 ‘‘Guidance for 1-Hour redesignation request, which consists of period starting with the 2013–2015 SO2 Nonattainment Area SIP data from three SO2 monitoring sites in design value period, all six monitors Submissions’’ (referred to as ‘‘2014 SO2 Jefferson County, Ohio and three SO2 have had design values below the 2010 Guidance’’), there are two components monitoring sites in Brooke County, West SO2 NAAQS of 75 ppb. Preliminary needed to support an attainment Virginia. The data from these monitors monitoring data for 2019 indicate that determination for SO2: (1) A review of have been certified and recorded in the Area is continuing to attain the 2010 EPA’s Air Quality System (AQS) representative air quality monitoring SO NAAQS. data, and (2) a further analysis, database. 2
TABLE 1—MONITORING DATA FOR THE STEUBENVILLE NONATTAINMENT AREA FOR 2016–2018
Year and 99th percentile value Design value: (ppb) average Site ID Location 2016–2018 2016 2017 2018 (ppb)
39–081–0017 Jefferson County, OH ...... 27 18 34 26 39–081–0018 Jefferson County, OH ...... 31 34 9 25 39–081–0020 Jefferson County, OH ...... 20 13 8 14 54–009–0005 Brooke County, WV ...... 33 28 48 36 54–009–0007 Brooke County, WV ...... 39 23 24 29 54–009–0011 Brooke County, WV ...... 49 27 35 37
In addition to the monitoring data, Wheeling Pittsburgh Steel Plant and modeling shows that compliance with West Virginia submitted a modeling referred to by West Virginia as ‘‘Mingo the emission limits in the States’ plans analysis demonstrating that the control Junction Steel Works’’) in Mingo yields attainment in the entire strategy for the Steubenville Junction, Ohio; (3) the Mingo Junction nonattainment area, and the sources are Nonattainment Area will provide for Energy Center also in Mingo Junction, complying with these limits, this attainment of the SO2 NAAQS in the Ohio; and (4) MSC in Follansbee, West modeling also supports EPA’s proposed entire Area. West Virginia’s August 22, Virginia. The modeling analysis is conclusion that both the Ohio portion 2019 redesignation request includes discussed in detail in the June 24, 2019 and West Virginia portion of the two- dispersion modeling from the (84 FR 29456) notice of proposed state Area are attaining the 2010 SO2 attainment plan for the Steubenville rulemaking for West Virginia’s NAAQS. Nonattainment Area that was approved attainment plan. 2 IV. CAA Section 110 and Part D by EPA on October 22, 2019. This joint West Virginia has confirmed that the Requirements and Fully Approved SIP modeling analysis demonstrated that the modeled facilities are currently in full Under CAA Section 110(k) Steubenville Nonattainment Area had compliance with their emission limits. attained the 2010 SO2 NAAQS based on Current actual emissions at these In accordance with section the allowable emissions from the four facilities are therefore at or below the 107(d)(3)(E)(v) of the CAA, in order to primary sources in the Area: (1) The allowable levels used in the modeling redesignate the Steubenville Area to Cardinal Power Plant, located in analysis included with West Virginia’s attainment, West Virginia must meet all Brilliant, Ohio; (2) JSW Steel (formerly redesignation request. Because this requirements applicable to the
1 The ‘‘design value’’ is the 3-year average of the characteristics for Cardinal Power Plant as a Steubenville Nonattainment Area on October 22, annual 99th percentile daily maximum 1-hour supplement to the attainment plan for the 2019. West Virginia’s August 22, 2019 redesignation values for a monitoring site. 40 CFR part 50, Steubenville Nonattainment Area. West Virginia request includes the approved dispersion modeling Appendix T. concurred with the revised modeling on May 1, submitted by OEPA as a supplement to the 2 On March 25, 2019, OEPA submitted revised 2019. The March 25, 2019 supplement was attainment plan on March 25, 2019. modeling with a new limit and revised stack approved with the attainment plan for the
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16041
Steubenville Nonattainment Area under 1. West Virginia Has Met all Applicable oxygenated fuels requirements, as well CAA section 110 (general SIP Requirements of Section 110 and Part D as with CAA section 184 ozone requirements) and part D of title I of the of the CAA Applicable to the transport requirements. See Reading, CAA (SIP requirements for Steubenville Nonattainment Area for Pennsylvania, proposed and final nonattainment areas). In addition, in Purposes of Redesignation rulemakings (61 FR 53174–53176, October 10, 1996), (62 FR 24826, May 7, accordance with section 107(d)(3)(E)(ii) a. Section 110 General Requirements for 2008); Cleveland-Akron-Loraine, Ohio, of the CAA, the West Virginia SIP for SIPs the Steubenville Nonattainment Area final rulemaking (61 FR 20458, May 7, must be fully approved under CAA Pursuant to CAA section 110(a)(1), 1996); and Tampa, Florida, final section 110(k). whenever new or revised NAAQS are rulemaking (60 FR 62748, December 7, promulgated, the CAA requires states to 1995). See also the discussion on this The Calcagni memorandum submit a plan (i.e. ‘‘SIP’’) for the issue in the Cincinnati, Ohio, (‘‘Procedures for Processing Requests to implementation, maintenance and redesignation (65 FR 37890, June 19, Redesignate Areas to Attainment,’’ enforcement of such NAAQS. Section 2000), and in the Pittsburgh, Memorandum from John Calcagni, 110(a)(2) of title I of the CAA contains Pennsylvania, redesignation (66 FR Director, Air Quality Management the general requirements for a SIP, also 50399, October 19, 2001). Division, September 4, 1992) describes known as ‘‘infrastructure’’ requirements. Nonetheless, EPA has reviewed West EPA’s interpretation of section The infrastructure requirements of Virginia’s SIP and concludes that it 107(d)(3)(E) with respect to the timing section 110(a)(2) include the meets the general SIP requirements of of applicable requirements. Under this requirements in subsections 110(a)(2)(A) section 110 of the CAA, for those interpretation, to qualify for through (M). requirements that are applicable for redesignation, states requesting However, not every requirement of purposes of an SO2 redesignation. EPA redesignation to attainment must meet section 110(a)(2) is an applicable approved elements of West Virginia’s only the relevant CAA requirements that requirement for the purposes of July 1, 2013, and June 1, 2015, SO2 come due prior to the submittal of a redesignating the Steubenville infrastructure SIP submittals on complete redesignation request. See also Nonattainment Area to attainment for November 17, 2014 (79 FR 62022) and Shapiro memorandum (‘‘State the SO2 NAAQS. For example, section August 11, 2016 (81 FR 53008), Implementation Plan (SIP) requirements 110(a)(2)(D) requires that SIPs contain respectively.3 As explained previously, for Areas Submitting Requests for certain measures to prevent sources in the general requirements of CAA section Redesignation to Attainment of the a state from significantly contributing to 110(a)(2) are statewide requirements Ozone and Carbon Monoxide (CO) air quality problems in another state. that are not linked to the nonattainment National Ambient Air Quality Standards When such issues have been identified, status of the Steubenville (NAAQS) On or After November 15, EPA has required certain states to Nonattainment Area and are therefore 1992,’’ Memorandum from Michael H. establish programs to address transport not ‘‘applicable requirements’’ for the Shapiro, Acting Assistant Administrator of air pollutants. See Nitrogen Oxides purpose of reviewing West Virginia’s for Air and Radiation, September 17, (NOX) SIP Call and amendments to the redesignation request. Because West 1993) and 60 FR 12459, 12465–12466, NOX SIP Call (64 FR 26298, May 14, Virginia satisfies the general SIP (March 7, 1995) (redesignation of 1999 and 65 FR 11222, March 2, 2000), elements and requirements set forth in Detroit-Ann Arbor). Applicable and the Cross-State Air Pollution Rule CAA section 110(a)(2) applicable to and requirements of the CAA that come due (CSAPR) Update (81 FR 74504, October necessary for redesignation, EPA subsequent to the area’s submittal of a 26, 2016). However, the section concludes that West Virginia has complete redesignation request remain 110(a)(2)(D) SIP requirements are not satisfied the criterion of section applicable until a redesignation is linked with a particular area’s SO2 107(d)(3)(E)(v) regarding section 110 of approved but are not required as a designation. That is, any applicable the CAA. section 110(a)(2)(D) requirement prerequisite to redesignation. See CAA b. Part D Requirements section 175A(c). Sierra Club v. EPA, 375 continues to apply to a state regardless of the attainment designation (or F .3d 537 (7th Cir. 2004). See also 68 FR In addition to the CAA section 110 redesignation) of an area. EPA has 25424, 25427 (May 12, 2003) requirements, section 107(d)(3)(E)(v) concluded that the SIP requirements (redesignation of the St. Louis/East St. requires that the state meet all the linked to an area’s SO designation are Louis area to attainment of the 1-hour 2 requirements applicable to the the relevant (applicable) measures when ozone NAAQS). nonattainment area ‘‘under part D of reviewing a redesignation request for an this subchapter’’ in order for the EPA has determined that, in area, and therefore the general nonattainment area to be redesignated. accordance with section 107(d)(3)(E)(v), requirements of section 110(a)(2)(D) are Both section 107 and part D are within West Virginia has met all SIP not applicable requirements for the subchapter 1 of the CAA. Part D, requirements under section 110 of the purposes of a SO2 redesignation. entitled ‘‘Plan Requirements for CAA and part D of title I of the CAA Similarly, other section 110(a)(2) Nonattainment Areas,’’ consists of six applicable for purposes of this elements that are neither connected subparts, of which only subparts 1 and redesignation. In making these with attainment plan submissions nor 5 are applicable to SO2 nonattainment determinations, EPA ascertained what linked with an area’s SO2 designation areas. Subpart 1 (sections 171–179B) requirements are applicable to the Area are not applicable requirements for contains provisions that can apply to all and determined that the portions of the purposes of redesignation. An area nonattainment areas for all criteria West Virginia SIP meeting these redesignated from SO2 nonattainment to 3 requirements are fully approved under attainment will remain subject to these West Virginia’s SO2 infrastructure SIP section 110(k) of the CAA. We note that statewide requirements after submittals did not address the interstate transport SIPs must be fully approved only with redesignation to attainment. This element of CAA section 110(a)(2)(D)(i). As respect to applicable requirements. explained previously, the interstate transport approach is consistent with EPA’s element of CAA section 110(a)(2)(D)(i) is not an EPA’s rationale is discussed in more existing policy on applicability (i.e., for applicable requirement for redesignation of the detail in the following sections. redesignations) of conformity and Steubenville Nonattainment Area.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16042 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
pollutants, while subpart 5 (sections of the CAA, and this proposed approval submitted documentation establishing 191–192) contains additional provisions of West Virginia’s redesignation request transportation conformity procedures in for SO2, NOX, or lead nonattainment relies upon that finding within EPA’s its SIP. EPA approved these procedures areas. The requirements applicable to final approval of West Virginia’s on May 2, 2008 (73 FR 24175). this redesignation are discussed below. attainment plan. However, EPA interprets the Because EPA’s analysis of these conformity SIP requirements as not i. Subpart 1 Requirements elements of CAA section 172 were applicable for purposes of evaluating a 1. Section 172 Requirements available for public comment in the redesignation request because, like other CAA section 172 requires states with proposed attainment plan approval, requirements listed above, state nonattainment areas to submit plans EPA is not seeking any further public conformity rules are still required after that provide for timely attainment of the comment in this action on the section redesignation to attainment and Federal NAAQS. CAA section 172(c) contains 172 elements approved in the conformity rules apply where state rules general requirements for nonattainment attainment plan approval. Comments on have not been approved. See Wall v. plans. A thorough discussion of these these elements were germane to the EPA, 265 F.3d 426 (6th Cir. 2001) requirements is found in the General attainment plan approval and should (upholding this interpretation); see also Preamble for Implementation of Title I. have been submitted during the public 60 FR 62748 (December 7, 1995) 57 FR 13498, April 16, 1992. comment period for the proposed (redesignation of Tampa, Florida). As noted earlier, West Virginia attainment plan approval. Furthermore, due to the relatively small, and decreasing, amounts of sulfur in submitted, and EPA approved, West 2. Section 173 Virginia’s attainment plan for the gasoline and on-road diesel fuel, EPA’s Steubenville Nonattainment Area. 84 FR Section 173 of the CAA includes transportation conformity rules do not 29456, June 24, 2019; 84 FR 56385, requirements for permit programs that apply to SO2 unless the EPA Regional October 22, 2019. In the proposed are required in a nonattainment area for Administrator or the director of the state approval, EPA evaluated and proposed new sources by section 172(c)(5). This is air agency has found that transportation- approval of the following elements of known as NNSR. As stated previously, related emissions of SO2 as a precursor West Virginia’s attainment plan: West Virginia has an NSR permitting are a significant contributor to a SO2 or Emissions inventory (section 172(c)(3)), program, found at 45CSR13 and fine particulate matter (PM2.5) a determination that the control strategy 45CSR19. EPA therefore proposes to nonattainment problem, or if the SIP has for the primary SO2 source within the conclude that West Virginia has an NSR established an approved or adequate Steubenville Nonattainment Area permitting program meeting the budget for such emissions as part of the constitutes reasonably available control requirements of section 173 for SO2. In RFP, attainment, or maintenance measures/reasonably available control addition, West Virginia has a SIP- strategy. See 40 CFR 93.102(b)(1), (2)(v); technology (RACM/RACT) and an approved PSD program under 45CSR14. SO2 Nonattainment Area Guidance. attainment demonstration (section See 40 CFR 52.2520(c). Neither of these conditions have been met; therefore, EPA’s transportation 172(c)(1)), enforceable emissions 3. Section 175A limitations and control measures conformity rules do not apply to SO2 for (172(c)(4)), new source review (NSR) CAA section 175A requires that states the Steubenville Nonattainment Area. (section 172(c)(5)),4 reasonable further seeking redesignation of an area to attainment submit a ‘‘maintenance 5. Sections 176A, 177, 178, 179 and progress (RFP) (section 172(c)(2)), 179B contingency measures (section plan’’ containing certain elements. West 172(c)(9)), and compliance with the Virginia included a maintenance plan CAA sections 176A through 179B are requirements of CAA section 110(a)(2) for the Steubenville Nonattainment Area not applicable requirements for the (section 172(c)(7)). EPA’s proposed with their August 22, 2019 purpose of redesignation for SO2. redesignation request, which is approval also found that West Virginia ii. Subpart 5 Requirements did not need to adopt other measures discussed in detail in Section VI of this The subpart 5 requirements, which than those adopted within the notice of proposed rulemaking. consist of sections 191 and 192 of the attainment plan to achieve compliance 4. Section 176 Requirements CAA, are specific provisions applicable with the 2010 1-hour SO NAAQS, as 2 Section 176(c) of the CAA requires to SO , NO or lead nonattainment potentially required by section 2 X states to establish criteria and areas. Section 191 of the CAA requires 172(c)(6). Thus, EPA found in the final procedures to ensure that Federally- states with areas designated approval of the attainment plan that supported or funded projects conform to nonattainment for SO West Virginia had complied with all the 2, NOX or lead the air quality planning goals in the applicable requirements of section 172 after November 15, 1990, to submit applicable SIP. The requirement to within 18 months of the designation an 4 EPA has a longstanding interpretation that determine conformity applies to implementation plan meeting the because nonattainment new source review (NNSR) transportation plans, programs, and requirements of part D. West Virginia’s is replaced by prevention of significant projects that are developed, funded, or part D SIP (attainment plan) for its deterioration (PSD) upon redesignation, approved under title 23 of the United portion of the Steubenville nonattainment areas seeking redesignation to attainment need not have a fully approved part D States Code and the Federal Transit Act Nonattainment Area was due April 4, NNSR program in order to be redesignated. A more (transportation conformity) as well as to 2015. As stated previously, West detailed rationale for this view is described in a all other Federally-supported or funded Virginia submitted its part D SIP memorandum from Mary Nichols, Assistant projects (general conformity). State (attainment plan) on April 25, 2016, Administrator for Air and Radiation, dated October 14, 1994, entitled, ‘‘Part D New Source Review transportation conformity SIP revisions with a supplemental submission on Requirements for Areas Requesting Redesignation must be consistent with Federal November 27, 2017 and a clarification to Attainment.’’ Nevertheless, West Virginia has a conformity regulations relating to letter on May 1, 2019. In its proposed SIP-approved NSR and PSD program, found at consultation, enforcement, and and final rulemakings on West 45CSR13, 45CSR19, and 45CSR14. See 40 CFR 52.2520(c). West Virginia’s PSD program will enforceability that EPA promulgated Virginia’s part D SIP (attainment plan), become effective in the Steubenville Nonattainment pursuant to its authority under the CAA. EPA found that West Virginia satisfied Area upon redesignation to attainment. On April 12, 2007, West Virginia the applicable requirements under CAA
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16043
section 110 and part D for the C–2017–9), MSC has improved its coke have improved significantly. The Steubenville Nonattainment Area. See oven gas desulfurization equipment to highest monitored design value for the 84 FR 29456 (June 24, 2019) and 84 FR reduce its SO2 emissions. The emissions Steubenville Nonattainment Area for 56385 (October 22, 2019). West Virginia reductions, mandated by West Virginia’s 2016–2018 is 37 ppb. This value was has therefore satisfied this subpart 5, emission limits and work practice measured at monitor 54–009–0011 in section 191 requirement for requirements contained in the consent Brooke County, West Virginia. These redesignation. order, were approved into the West monitored values are well below the Section 192 sets forth attainment Virginia SIP through the attainment SO2 NAAQS of 75 ppb. This air quality dates for nonattainment areas under plan approval and are therefore improvement is attributable to the section 191. For SO2, section 192(a) permanent and Federally enforceable. substantial emission reductions noted requires that attainment plans provide 84 FR 56385 (October 22, 2019); 40 CFR above, which the Ohio and West for attainment of the primary standard 52.2520(d). Virginia attainment plans require to be as expeditiously as possible, but no later The Cardinal Power Plant is subject to permanent and enforceable. Thus, EPA than five years from the date of the several permanent and enforceable proposes to find that the improvement nonattainment designation. EPA control measures including, but not in air quality in the Steubenville designated the Steubenville Area as limited to, the Acid Rain Program and Nonattainment Area can be attributed to nonattainment on August 5, 2013, with the Mercury and Air Toxics Standard permanent and enforceable emission an attainment date of October 4, 2018. (MATS) rule. In addition, restrictions on reductions at facilities in Ohio and West As discussed in Section III, the SO2 emissions at the Cardinal Power Virginia, and that CAA section Steubenville Nonattainment Area has Plant are approved into the Ohio SIP 107(d)(3)(E)(iii) has been satisfied by demonstrated attainment with the 2010 under Chapter 3745–18 and include a both Ohio and West Virginia. SO standard since the 2013–2015 Federally-enforceable, 30-day rolling 2 VI. Maintenance Plan monitoring period and continues to average combined SO2 limit of 4,858.75 attain the SO2 NAAQS. Therefore, EPA pound per hour (lb/hr) for the coal-fired As one of the criteria for redesignation is proposing to find that the subpart 5, boiler Units 1, 2, and 3. See 40 CFR to attainment, section 107(d)(3)(E)(iv) of section 192 requirement has been met. 52.1870(c). The Cardinal Power Plant the CAA requires EPA to determine that Based on the above, EPA is proposing implemented flue gas desulfurization the area has a fully approved to find that West Virginia has satisfied (FGD) between 2010 and 2012, resulting maintenance plan pursuant to section the applicable requirements for the in a reduction of SO2 emissions from 175A of the CAA. Section 175A of the redesignation of its portion of the 32,500 tons in 2010 to 9,700 tons in CAA sets forth the elements of a Steubenville Nonattainment Area under 2018, a reduction that Ohio’s limit maintenance plan for areas seeking section 110 and part D of title I of the requires to be maintained. 84 FR 4942 redesignation from nonattainment to CAA. (September 20, 2019). Therefore, EPA is attainment. Section 175A requires that the maintenance plan demonstrate V. Permanent and Enforceable Emission proposing to find that the Cardinal continued attainment of the applicable Reductions Power Plant is subject to permanent and enforceable control measures. NAAQS for at least ten years after the For an area to be redesignated, the Both the Mingo Junction Energy nonattainment area is redesignated to state must be able to reasonably Center and Mingo Junction Steel Works attainment. Eight years after the attribute the improvement in air quality (JSW Steel) have ceased operations, redesignation, the state must submit a to permanent and enforceable emission with JSW Steel resuming limited revised maintenance plan reductions. As stated previously, the operations in 2018. Both Mingo Junction demonstrating that attainment will primary sources in the Steubenville Energy Center and JSW Steel are subject continue to be maintained for an Nonattainment Area are the Cardinal to permanent and enforceable control additional ten years following the initial Power Plant, located in Brilliant, Ohio; measures identified in the SIP-approved ten-year period. To address the JSW Steel, formerly Wheeling Pittsburgh attainment plan that were found to possibility of future NAAQS violations, Steel Plant and referred to by West provide for attainment and maintenance the maintenance plan must also contain Virginia as ‘‘Mingo Junction Steel of the 2010 1-hour SO2 NAAQS in the contingency measures as EPA deems Works’’, in Mingo Junction, Ohio; the Steubenville Nonattainment Area. These necessary to assure prompt correction of Mingo Junction Energy Center (also measures under Ohio rules OAC 3745– any future one-hour violations. known as ‘‘R.G. Steel-Wheeling Mingo 18 are approved into the Ohio SIP. In Specifically, the maintenance plan Junction’’), also in Mingo Junction, the event that these facilities resume full should address five requirements: (1) Ohio; and MSC, in Follansbee, West operations, they would remain subject An attainment emissions inventory; (2) Virginia. to the Federally enforceable control maintenance demonstration; (3) These facilities have all significantly measures in the Ohio SIP that were commitment for continued air quality reduced SO2 emissions since the area shown to provide for attainment and monitoring; (4) verification of continued was monitoring violations, and these maintenance of the SO2 NAAQS in the attainment; and (5) a contingency plan. emission reductions have been made SIP-approved attainment plan for the See Calcagni memorandum. permanent and enforceable by the limits Steubenville Nonattainment Area. 84 FR In conjunction with their request to that Ohio and West Virginia adopted 29456 (June 24, 2019); 84 FR 56385 redesignate the West Virginia portion of and submitted in their respective (October 22, 2019). the Steubenville Nonattainment Area, attainment plan submittals. At the time of Steubenville’s West Virginia submitted, as a revision to MSC produces metallurgical-grade nonattainment designation, the their SIP, a plan to provide for coke and coke gas byproducts from coal, monitored SO2 design values (2009– maintenance of the SO2 NAAQS which contains sulfur. A byproduct of 2011) in the area were 109 ppb at the through 2030 in the Area, which is 10 coke production is coke oven gas, which Jefferson County monitor (Site ID 39– years after the expected effective date of contains SO2. The facility burns this gas, 081–0017) and 174 ppb at the Brooke the redesignation to attainment. West releasing SO2 emissions. As a result of County, West Virginia monitor (Site ID Virginia has committed to review the a consent order dated September 29, 54–009–0011). More recent monitoring maintenance plan for the Area eight 2017 (Consent Order Number CO–SIP– data indicate that ambient SO2 levels years after redesignation. EPA is
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16044 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
proposing to find that West Virginia’s year period 2009–2011 was the basis of West Virginia and Ohio have submitted, maintenance plan for the Steubenville the nonattainment designation. and EPA has approved, modeling Nonattainment Area includes the Although the attainment date for the analyses demonstrating attainment and necessary components per the CAA, Steubenville Nonattainment Area was maintenance of the SO2 NAAQS as part including CAA section 175A and EPA October 4, 2018, West Virginia selected of the attainment plans for the guidance, and is proposing to approve 2016 as the ‘‘attainment year’’ for its Steubenville Nonattainment Area. In the maintenance plan as a revision to emission inventory because 2016 was addition, West Virginia has the West Virginia SIP. one of the years contributing to the demonstrated maintenance of the SO2 2014–2016 and 2015–2017 design NAAQS through 2030 with emission 1. Attainment Inventory values demonstrating attainment of the inventories showing that future The Calcagni memorandum indicates SO2 NAAQS in the Steubenville emissions of SO2 in the Steubenville that states requesting redesignation to Nonattainment Area. The attainment Nonattainment Area will remain at or attainment should develop an year inventory is shown in Table 2 as below attainment year emission levels. attainment emissions inventory in order well as the projected emissions of SO2 West Virginia projected SO2 emissions to identify the level of emissions in the in future years (i.e. 2023 and 2030). for an interim future year of 2023 and area which is sufficient to attain the for 2030. The attainment and 2. Maintenance Demonstration NAAQS. The attainment inventory maintenance inventories, provided in should be consistent with EPA’s most Pursuant to the 2014 SO2 guidance, an Table 2, shows the projected emissions recent guidance on emission inventories air agency may demonstrate of SO2 in 2011 (nonattainment year), for nonattainment areas available at the maintenance of the NAAQS by either 2016 (attainment year), 2023 (interim time and should include the emissions showing that future emissions of SO2 year), and 2030 and demonstrates that during the time period associated with will not exceed the level of the future emissions of SO2 will not exceed monitoring data showing attainment. attainment inventory or by modeling to the levels of the 2016 attainment year For the attainment inventory, West show that the future mix of sources and inventory for the Steubenville Virginia used the year 2011 as the emission rates will not cause a violation Nonattainment Area for a minimum of ‘‘nonattainment year’’ since the three- of the NAAQS. As discussed previously, 10 years following redesignation.
TABLE 2—BROOKE COUNTY, WEST VIRGINIA EMISSION INVENTORY TOTALS FOR 2011, 2016, 2023, AND 2030 (TPY)
2016 (WV) Location Sector 2011 and 2014 (OH) 2023 2030 (attainment)
West Virginia Portion ...... EGU ...... 0 0 0 0 Non-EGU ...... 730 383 382 381 Oil & Gas ...... 1.56 6.35 7.69 8.11 Area ...... 143.46 138.34 135.31 134.32 Non-Road ...... 0.02 0.01 0.01 0.01 On-Road ...... 2.07 2.02 0.79 0.74
Total ...... 877.11 529.72 525.80 524.18 Ohio Portion 1 ...... EGU ...... 25,122.42 10,660.65 9,602.02 9,602.02 Non-EGU ...... 223.44 0.02 0.02 0.02 Non-Road ...... 0.29 0.23 0.14 0.15 Other (Area)...... 62.13 57.76 56.67 56.35 On-Road ...... 3.52 3.46 1.38 1.32
Total ...... 25,411.80 10,722.12 9,660.23 9,659.86
Combined (WV & OH) ...... 26,288.91 11,251.84 10,186.03 10,184.04 Total ......
EPA is proposing to find that the Section V of this notice, which includes of maintenance of the SO2 NAAQS in maintenance inventory provided in the SIP-approved consent order CO– the Steubenville Nonattainment Area is Table 2 shows maintenance of the SO2 SIP–C–2017–9 for MSC, ensure that SO2 based on permanent and enforceable NAAQS in the Steubenville emissions in the West Virginia portion control measures. Nonattainment Area by providing of the Steubenville Nonattainment Area 3. Commitment for Continued Air emissions information to support the will not exceed the maintenance level Quality Monitoring demonstration that future emissions of emissions shown in Table 2. This is an In their submittal, West Virginia SO2 will remain below the 2016 acceptable method for demonstrating emission levels (an inventory year commits to continue monitoring SO2 maintenance. See 2014 SO2 Guidance, showing attainment of the SO NAAQS). levels at the SO2 monitoring sites in 2 p. 67. West Virginia’s maintenance plan According to West Virginia’s West Virginia identified in Table 1 of submittal, the demonstration that notes that West Virginia and Ohio have this notice. West Virginia also commits improvement in air quality occurred comprehensive programs to identify to consulting with EPA Region III prior between the nonattainment and sources of violations of the SO2 NAAQS to making any changes to the existing attainment years is based on permanent as well as EPA-approved compliance monitoring network and continuing to and enforceable emission reductions. and enforcement programs to address quality assure the monitoring data to The permanent and enforceable SO2 violations. Therefore, EPA proposes to meet the requirements of 40 CFR part 58 emission reductions described in find that West Virginia’s demonstration and all other Federal requirements.
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules 16045
West Virginia also notes that Consent provide for attainment, specifically MSC Nonattainment Area from Order Number CO–SIP–C–2017–9 for in West Virginia and the Cardinal Power nonattainment to attainment of the 2010 MSC and permit for the Cardinal Power Plant in Ohio. In their submittal, West SO2 NAAQS. The West Virginia portion Plant establish monitoring, testing, Virginia verifies that both West Virginia of the nonattainment area includes recordkeeping, and reporting and Ohio have comprehensive Cross Creek Tax District in Brooke requirements to assure compliance with enforcement programs to identify County. West Virginia has demonstrated SO2 emission limits which have been sources of violations of the SO2 NAAQS that the Area is attaining the SO2 demonstrated to not cause a violation of and EPA-approved compliance and NAAQS and that the improvement in air the SO2 NAAQS. Therefore, EPA enforcement programs to undertake quality is due to permanent and proposes to find that West Virginia’s aggressive follow-up for any violations. enforceable SO2 emission reductions in maintenance plan includes a Therefore, EPA proposes to find that the Area. EPA is also proposing to commitment for continued air quality West Virginia’s maintenance plan approve, as a revision to the West monitoring. satisfies the contingency measures Virginia SIP, West Virginia’s requirement of CAA 175A(d). 4. Verification of Continued Attainment maintenance plan. EPA is proposing to West Virginia’s contingency measures find that the maintenance plan In their submittal, West Virginia identify triggers and corresponding demonstrates maintenance of the SO2 commits to maintaining the responses. In the event that the 99th NAAQS through 2030 in the aforementioned control measures after percentile of the 1-hour daily SO2 Steubenville Nonattainment Area and redesignation of the Steubenville maximum concentration of 75 ppb satisfies the requirements of CAA Nonattainment Area and that any occurs in a single calendar year within section 175A. changes to their rules or emission limits the Steubenville Nonattainment Area, a applicable to maintenance of the 2010 1- ‘‘warning level response’’ will be VIII. Statutory and Executive Order hour SO2 standard in the West Virginia triggered. The warning level response Reviews portion of the Steubenville will consist of a study to determine Under the CAA, redesignation of an Nonattainment Area will be submitted whether SO2 values indicate a trend area to attainment and the to EPA for approval as a SIP revision. toward higher SO2 values or whether accompanying approval of a West Virginia states that they have the emissions appear to be increasing, as maintenance plan under section legal authority and necessary resources well as the control measures necessary 107(d)(3)(E) are actions that affect the to actively enforce any violations of to reverse the trend, if needed. The status of a geographical area and do not their rules or permit provisions and that implementation of necessary controls in impose any additional regulatory they intend to continue the enforcement response to a warning level response requirements on sources beyond those of all rules related to SO2 emissions in trigger will occur as expeditiously as imposed by state law. A redesignation to the West Virginia portion of the possible, but no later than 12 months attainment does not in and of itself Steubenville Nonattainment Area. from the conclusion of the most recent create any new requirements, but rather In addition, West Virginia commits to calendar year. In the event that a 2-year results in the applicability of continue to provide updates to future average of the 99th percentile 1-hour emissions inventories in accordance requirements contained in the CAA for SO2 concentration of 75 ppb or greater areas that have been redesignated to with EPA’s Air Emissions Reporting or the violation of the SO2 NAAQS Requirements (AERR) rule and to attainment. Moreover, the Administrator occurs within the Steubenville is required to approve a SIP submission continue to submit emission inventories Nonattainment Area, an ‘‘action level every three years. EPA is proposing to that complies with the provisions of the response’’ will be triggered. If the CAA and applicable Federal regulations. find that West Virginia’s maintenance exceedance is found to not be due to an plan provides for the verification of 42 U.S.C. 7410(k); 40 CFR 52.02(a). exceptional event, malfunction, or Thus, in reviewing SIP submissions, continued attainment in the noncompliance with a permit condition EPA’s role is to approve state choices, Steubenville Nonattainment Area. or rule requirement, West Virginia provided that they meet the criteria of Division of Air Quality (DAQ), in 5. Contingency Plan the CAA. Accordingly, this action conjunction with the metropolitan merely approves state law as meeting Section 175A(d) of the CAA requires planning organization (MPO) or regional Federal requirements and does not that maintenance plans include such council of governments, will determine impose additional requirements beyond contingency measures as EPA deems additional control measures needed to those imposed by state law. For that necessary to assure that the state will assure continued attainment of the 2010 reason, this action: promptly correct a violation of the SO NAAQS. Selected measures will be 2 • Is not a ‘‘significant regulatory NAAQS that occurs after a redesignation those that can be implemented within action’’ subject to review by the Office of the area to attainment. Pursuant to 18 months from the close of the of Management and Budget under EPA’s 2014 SO2 Guidance, p. 69, in the calendar year that prompted the action Executive Orders 12866 (58 FR 51735, case that attainment revolves around level response. compliance of a single source or a small Based on the above, EPA proposes to October 4, 1993) and 13563 (76 FR 3821, set of sources with emission limits find that West Virginia’s maintenance January 21, 2011); • shown to provide for attainment, EPA plan adequately addresses the five Is not an Executive Order 13771 (82 interprets ‘‘contingency measures’’ to requirements in section 175A that are FR 9339, February 2, 2017) regulatory mean that the state agency has a necessary to maintain the 2010 1-hour action because SIP approvals are comprehensive program to identify SO NAAQS in the Steubenville exempted under Executive Order 12866; 2 • sources of violations of the SO2 NAAQS Nonattainment Area. Does not impose an information and to undertake an aggressive follow- collection burden under the provisions up for compliance and enforcement. VII. Proposed Action of the Paperwork Reduction Act (44 The Steubenville Nonattainment Area is In accordance with West Virginia’s U.S.C. 3501 et seq.); an area where attainment is dependent August 22, 2019 request, EPA is • Is certified as not having a on the compliance of a small set of proposing to redesignate the West significant economic impact on a sources with emission limits shown to Virginia portion of the Steubenville substantial number of small entities
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16046 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Proposed Rules
under the Regulatory Flexibility Act (5 Act of 1995 (15 U.S.C. 272 note) because implications and will not impose U.S.C. 601 et seq.); application of those requirements would substantial direct costs on tribal • Does not contain any unfunded be inconsistent with the CAA; and governments or preempt tribal law as mandate or significantly or uniquely • Does not provide EPA with the specified by Executive Order 13175 (65 affect small governments, as described discretionary authority to address, as FR 67249, November 9, 2000). in the Unfunded Mandates Reform Act appropriate, disproportionate human List of Subjects in 40 CFR Part 52 of 1995 (Pub. L. 104–4); health or environmental effects, using • Does not have Federalism practicable and legally permissible Environmental protection, Air implications as specified in Executive methods, under Executive Order 12898 pollution control, Carbon monoxide, Order 13132 (64 FR 43255, August 10, (59 FR 7629, February 16, 1994). Incorporation by reference, 1999); Intergovernmental relations, Lead, • Is not an economically significant The SIP is not approved to apply on Nitrogen dioxide, Ozone, Particulate regulatory action based on health or any Indian reservation land as defined matter, Reporting and recordkeeping safety risks subject to Executive Order in 18 U.S.C. 1151 or in any other area requirements, Sulfur oxides, Volatile 13045 (62 FR 19885, April 23, 1997); where EPA or an Indian tribe has organic compounds. • Is not a significant regulatory action demonstrated that a tribe has Dated: March 10, 2020. subject to Executive Order 13211 (66 FR jurisdiction. In those areas of Indian 28355, May 22, 2001); country, the rule proposing approval of Cosmo Servidio, • Is not subject to requirements of the redesignation of the Steubenville Regional Administrator, Region III. Section 12(d) of the National Nonattainment Area and associated [FR Doc. 2020–05661 Filed 3–19–20; 8:45 am] Technology Transfer and Advancement maintenance plan does not have tribal BILLING CODE 6560–50–P
VerDate Sep<11>2014 17:34 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4702 Sfmt 9990 E:\FR\FM\20MRP1.SGM 20MRP1 jbell on DSKJLSW7X2PROD with PROPOSALS 16047
Notices Federal Register Vol. 85, No. 55
Friday, March 20, 2020
This section of the FEDERAL REGISTER Washington, DC. Normal reading room affected regions that is not processed in contains documents other than rules or hours are 8 a.m. to 4:30 p.m., Monday accordance with the requirements in proposed rules that are applicable to the through Friday, except holidays. To be part 94, share a common land border public. Notices of hearings and investigations, sure someone is there to help you, with CSF-affected regions, or import committee meetings, agency decisions and please call (202) 799–7039 before live swine from such regions under rulings, delegations of authority, filing of petitions and applications and agency coming. conditions less restrictive than would be statements of organization and functions are FOR FURTHER INFORMATION CONTACT: For acceptable for importation into the examples of documents appearing in this information on the importation of live United States. section. swine, pork, and pork products from To ensure that the importation of live certain regions, contact Dr. Magde swine, pork, and pork products from Elshafie, Senior Veterinarian Medical Brazil, Chile, and Mexico do not DEPARTMENT OF AGRICULTURE Officer, VS, APHIS, 4700 River Road introduce CSF into the United States, Unit 40, Riverdale, MD 20737; (301) the regulations include information Animal and Plant Health Inspection 851–3300. For more information on the collection activities such as certification Service information collection process, contact for importation of pork or pork [Docket No. APHIS–2020–0006] Mr. Joseph Moxey, APHIS’ Information products; application of seal; location Collection Coordinator, at (301) 851– and reason for breaking seal and Notice of Request for Revision to and 2483. application of new seal; termination of Extension of Approval of an agreement; request for approval of SUPPLEMENTARY INFORMATION: Information Collection; Importation of Title: Importation of Live Swine, Pork, defrost facility; request hearing for Live Swine, Pork, and Pork Products and Pork Products From Certain denial or approval of defrost facility; From Certain Regions Regions. application for import of small amounts OMB Control Number: 0579–0230. of pork or pork products; cooperative AGENCY: Animal and Plant Health service agreement; notification of Inspection Service, USDA. Type of Request: Revision to and extension of approval of an information Customs and Border Protection ACTION: Revision to and extension of collection. inspectors for pork from specific approval of an information collection; Abstract: Under the Animal Health regions; recordkeeping requirements for comment request. Protection Act (7 U.S.C. 8301 et seq.), certificates; certificates for meat processed in tubes; certification for SUMMARY: In accordance with the the Animal and Plant Health Inspection importation of hams; agreement for Paperwork Reduction Act of 1995, this Service (APHIS) of the United States processing procedures; identification notice announces the Animal and Plant Department of Agriculture is authorized, procedures; recordkeeping for Health Inspection Service’s intention to among other things, to prohibit or processing origin of hams; and program request a revision to and extension of restrict the importation and interstate statements. approval of an information collection movement of animals and animal The information collection activities associated with the regulations for the products to prevent the introduction of certificates, compliance agreements, importation of live swine, pork, and into and dissemination within the and cooperative service agreements are pork products from certain regions free United States of livestock diseases and currently approved by the Office of of classical swine fever in Brazil, Chile, pests. To carry out this mission, APHIS Management and Budget (OMB) under and Mexico. regulates the importation of animals and animal products into the United States. OMB Control Number 0579–0230 DATES: We will consider all comments The regulations for the importation of (Importation of Live Swine, Pork, and that we receive on or before May 19, animals and animal products are Pork Products From Certain Regions 2020. contained in 9 CFR parts 92 through 98. Free of Classical Swine Fever in Brazil, ADDRESSES: You may submit comments Part 94 allows, under certain Chile, and Mexico). The remaining by either of the following methods: conditions, the importation of live requirements were previously approved • Federal eRulemaking Portal: Go to swine, pork, and pork products from under OMB Control Number 0579–0395 http://www.regulations.gov/ certain regions that are free of classical (Prohibited and Restricted Importation #!docketDetail;D=APHIS-2020-0006. swine fever (CSF) to prevent the of Fresh (Frozen or Chilled) Pork or • Postal Mail/Commercial Delivery: introduction of CSF into the United Pork Products into the United States) Send your comment to Docket No. States. Mexico, Chile, and the State of and OMB Control Number 0579–0396 APHIS–2020–0006, Regulatory Analysis Santa Catarina in Brazil are on the list (Prohibited and Restricted Importation and Development, PPD, APHIS, Station of regions referenced in §§ 94.9 (a)(1) of Hams into the United States). As a 3A–03.8, 4700 River Road Unit 118, and 94.10 (a)(1) that are considered free result of including these additional Riverdale, MD 20737–1238. of CSF. However, § 94.32 places information collection activities in this Supporting documents and any restrictions on the importation of live collection, APHIS has revised the title of comments we receive on this docket swine, pork, and pork products from this information collection from may be viewed at http:// these regions. These restrictions are ‘‘Importation of Live Swine, Pork, and www.regulations.gov/#!docketDetail; placed because these regions either Pork Products From Certain Regions D=APHIS-2020-0006 or in our reading supplement their pork supplies by Free of Classical Swine Fever in Brazil, room, which is located in room 1141 of importing fresh (chilled or frozen) pork Chile, and Mexico’’ to ‘‘Importation of the USDA South Building, 14th Street from CSF-affected regions, supplement Live Swine, Pork, and Pork Products and Independence Avenue SW, their pork supplies with pork from CSF- From Certain Regions’’. After OMB
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16048 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
approves this combined information DEPARTMENT OF AGRICULTURE Development, Food Safety and collection package (0579–0230), APHIS Inspection Service, USDA, 1400 will retire OMB control numbers 0579– Food Safety and Inspection Service Independence Avenue SW, Room 6065, 0395 and 0579–0396. [Docket No. FSIS–2020–0010] South Building, Washington, DC 20250– We are asking OMB to approve our 3700; (202) 720–5627. use of these information collection Notice of Request for Renewal of an SUPPLEMENTARY INFORMATION: activities, as described, for an additional Approved Information Collection (State Title: State Meat and Poultry 3 years. Meat and Poultry Programs) Programs. OMB Number: 0583–0170. The purpose of this notice is to solicit AGENCY: Food Safety and Inspection Expiration Date of Approval: 7/31/ comments from the public (as well as Service, USDA. 2020. affected agencies) concerning our ACTION: Notice and request for Type of Request: Renewal of an information collection. These comments comments. approved information collection. will help us: Abstract: FSIS has statutory authority (1) Evaluate whether the collection of SUMMARY: In accordance with the under the Federal Meat Inspection Act information is necessary for the proper Paperwork Reduction Act of 1995 and (FMIA) (21 U.S.C. 601, et seq.), and the performance of the functions of the the Office of Management and Budget Poultry Products Inspection Act (PPIA) Agency, including whether the (OMB) regulations, the Food Safety and (21 U.S.C. 451, et seq.), to set national information will have practical utility; Inspection Service (FSIS) is announcing standards for meat and poultry its intention to request renewal of the (2) Evaluate the accuracy of our inspection (MPI). Section 301(c) of the approved information collection estimate of the burden of the collection FMIA (21 U.S.C. 661(c)) and section 5(c) regarding State Meat and Poultry of information, including the validity of of the PPIA (21 U.S.C. 454(c)) authorize Programs. There are no changes to the the methodology and assumptions used; the Secretary of Agriculture (Secretary) existing information collection. The to designate a state as one in which the (3) Enhance the quality, utility, and approval for this information collection provisions of Titles I and IV of the FMIA clarity of the information to be will expire on July 31, 2020. and sections 1–4, 6–11, and 12–22 of the collected; and DATES: Submit comments on or before PPIA will apply to operations and (4) Minimize the burden of the May 19, 2020. transactions wholly within the state collection of information on those who ADDRESSES: FSIS invites interested after the Secretary has determined that are to respond, through use, as persons to submit comments on this requirements at least ‘‘equal to’’ those appropriate, of automated, electronic, Federal Register notice. Comments may imposed under the Acts have not been mechanical, and other collection be submitted by one of the following developed and effectively enforced by technologies; e.g., permitting electronic methods: the state. Under a cooperative agreement submission of responses. • Federal eRulemaking Portal: This with FSIS, states may operate their own Estimate of burden: The public website provides commenters the ability MPI programs (i.e., meat, poultry, or burden for this collection of information to type short comments directly into the both; egg products are excluded) is estimated to average 1 hour per comment field on the web page or to provided they meet and enforce response. attach a file for lengthier comments. Go requirements ‘‘at least equal to’’ those Respondents: Full-time, salaried to http://www.regulations.gov. Follow imposed under the FMIA and PPIA. veterinary officers employed by the the on-line instructions at that site for FSIS is responsible for certifying and governments of Brazil, Chile, and submitting comments. monitoring that participating states meet • Mexico; industry representatives; and Mail, including CD–ROMs, etc.: the MPI program’s ‘‘at least equal to’’ 1 U.S. importers. Send to Docket Clerk, U.S. Department standard. of Agriculture, Food Safety and FSIS is announcing its intention to Estimated annual number of Inspection Service, 1400 Independence request renewal of the approved respondents: 92. Avenue SW, Mailstop 3758, Room 6065, information collection regarding State Estimated annual number of Washington, DC 20250–3700. Meat and Poultry programs. FSIS responses per respondent: 640. • Hand- or courier-delivered collects information from State Meat Estimated annual number of submittals: Deliver to 1400 and Poultry Inspection programs to responses: 58,959. Independence Avenue SW, Room 6065, ensure that their programs operate in a Washington, DC 20250–3700. manner that is at least equal to FSIS’s Estimated total annual burden on Federal inspection program in the respondents: 58,996 hours. (Due to Instructions: All items submitted by mail or electronic mail must include the protection of public interest; comply averaging, the total annual burden hours with requirements of Federal civil rights may not equal the product of the annual Agency name and docket number FSIS– 2020–0010. Comments received in laws and regulations; meet necessary number of responses multiplied by the laboratory quality assurance standards reporting burden per response.) response to this docket will be made available for public inspection and and testing frequencies; and have the All responses to this notice will be posted without change, including any capability to perform microbiology and summarized and included in the request personal information, to http:// food chemistry methods that are ‘‘at for OMB approval. All comments will www.regulations.gov. least equal to’’ methods performed in also become a matter of public record. Docket: For access to background Done in Washington, DC, this 17th day of documents or comments received, call 1 FSIS also administers a voluntary cooperative March 2020. inspection program under which state-inspected (202) 720–5627 to schedule a time to establishments in participating states with 25 or Michael Watson visit the FSIS Docket Room at 1400 fewer employees are eligible to ship meat and Acting Administrator, Animal and Plant Independence Avenue SW, Room 6065, poultry products in interstate commerce (21 U.S.C. Health Inspection Service. Washington, DC 20250–3700. 683 and U.S.C. 472) (9 CFR 321.3, Part 332, 381.187, and Part 381 Subpart Z). FSIS collects [FR Doc. 2020–05942 Filed 3–19–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: Gina information for this program under OMB Control BILLING CODE 3410–34–P Kouba, Office of Policy and Program Number 0583–0143.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16049
the FSIS laboratories. There are no measure the effectiveness of the during the prior fiscal year (October 1 changes to the existing information program under the ‘‘at least equal to’’ through September 30). collection. The approval for this criteria; (2) demonstrate how non- In addition to the annual self- information collection will expire on conformances will be addressed by assessment submission, State MPI July 31, 2020. corrective actions; and (3) demonstrate programs are subject to an on-site Twenty-seven states have MPI how the State MPI program will be review at a minimum frequency of once programs that operate under a maintained throughout the next 12 every three years to verify the accuracy cooperative agreement with FSIS and months. and implementation of the self- are subject to the comprehensive state For Component 7 of the assessment submissions. In the year that review process. Comprehensive reviews comprehensive state review process, a State MPI program is scheduled for an of State MPI programs are conducted by states submit documentation of their on-site review, FSIS closely examines an interdisciplinary team of FSIS laboratory quality assurance programs records from the State MPI program in Auditors from the Office of and methods. States document their order to determine annually whether the Investigation, Enforcement and Audit laboratory quality assurance program program is ‘‘at least equal to’’ the (OIEA), the Financial Management activities on the FSIS Form 5720–14, Federal inspection program. Division (FMD), the Civil Rights Staff State Meat and Poultry Inspection Additionally, State MPI programs (CRS), and the Office of Public Health Program Laboratory Quality submit FSIS Form 5720–15, Laboratory Science Laboratory Quality Assurance Management System Checklist. States Method Notification Form whenever a Staff (LQAS). There are nine review submit copies of new or revised state lab revises or adds a new method components that make up the laboratory analytical methods for MPI program testing. FSIS has made comprehensive state review process. accompanied by a FSIS Form 5720–15, the following estimates on the basis of The components are as follows: Laboratory Method Notification Form. an information collection assessment. Component 1—Statutory Authority and For Component 8 of the Estimate of Burden: FSIS estimates Food Safety Regulations; Component comprehensive state review process, that it will take each respondent an 2—Inspection; Component 3—Sampling states submit documentation of their average of 255 hours to complete the Programs; Component 4—Staffing, Civil Rights compliance. States receive forms and narratives. Training, and Supervision; Component Respondents: State MPI Directors, FSIS monies to operate their MPI 5—Humane Handling; Component 6— Program Managers, and/or Human programs, and as such, are subject to the Compliance; Component 7—Laboratory Resources Officials. nondiscrimination provisions of Title Quality Assurance Program and Estimated No. of Respondents: 27 VI, Title IX, Section 504 of the Methods; Component 8—Civil Rights; respondents. Rehabilitation Act of 1973 and the Age and Component 9—Financial Estimated No. of Annual Responses Discrimination Act of 1975. In order to Accountability. per Respondent: 1. For each of the first six components, assess the 27 states’ compliance with Estimated Total Annual Burden on State MPI programs submit annual self- these provisions, FSIS requests Respondents: 6,887 hours. assessment documentation to FSIS to information on the states’ civil rights Copies of this information collection demonstrate that the State MPI program programs and controls on FSIS Form assessment can be obtained from Gina is meeting the ‘‘at least equal to’’ 1520.1—Civil Rights Compliance of Kouba, Office of Policy and Program Federal inspection requirements. Each State Inspection Programs. This form Development, Food Safety and component of the annual self- requests information regarding nine Inspection Service, USDA, 1400 assessment includes a written narrative areas of civil rights compliance, which Independence Avenue SW, Room 6065, statement and documentation include: (1) Civil Rights Assurances; (2) South Building, Washington, DC 20250– demonstrating that the program State Infrastructure and Program 3700; (202) 720–5627. continuously meets the criteria to be ‘‘at Accountability; (3) Public Notification; Comments are invited on: (a) Whether least equal to’’ the Federal inspection (4) Racial and Ethnic Data Collection; the proposed collection of information program. State MPI programs also (5) Civil Rights Complaints of is necessary for the proper performance submit sufficient documentation to Discrimination; (6) Civil Rights of FSIS’s functions, including whether demonstrate that the program either Training; (7) Disability Compliance, (8) the information will have practical follows current FSIS statutes, Limited English Proficiency; and (9) utility; (b) the accuracy of FSIS’s regulations, applicable directives and Compliance with the Age estimate of the burden of the proposed notices, and has implemented any Discrimination Act of 1975. The form collection of information, including the changes necessary to maintain the ‘‘at allows states to: (1) Document validity of the method and assumptions least equal to’’ status or that the State management controls they have used; (c) ways to enhance the quality, MPI program has an effective, analogous implemented and maintained with utility, and clarity of the information to program that would also be ‘‘at least regard to these nine categories and (2) be collected; and (d) ways to minimize equal to’’ the Federal inspection document how their overall civil rights the burden of the collection of program. All State MPI programs need program constitutes a civil rights information, including through the use to demonstrate they operate in a manner program ‘‘at least equal to’’ the FSIS of appropriate automated, electronic, that protects the health and welfare of Federal program. mechanical, or other technological consumers by ensuring that the meat FSIS requests documentation collection techniques, or other forms of and poultry products distributed by the concerning all components of the self- information technology. Comments may establishments in the program are assessment and completion of these be sent to both FSIS, at the addresses wholesome, not adulterated, and forms annually. Submission of the provided above, and the Desk Officer for properly marked, labeled, and packaged. completed forms is due by November 1 Agriculture, Office of Information and The annual self-assessment each year to the Coordinators from Regulatory Affairs, Office of submission also includes one or more OIEA, FMD, CRS and LQAS. In each Management and Budget (OMB), narratives describing the internal submission, states respond to all Washington, DC 20253. controls used by the State MPI program questions and report on programs and Responses to this notice will be that: (1) Provide assurances and can activities implemented and maintained summarized and included in the request
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16050 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
for OMB approval. All comments will Email: [email protected]. 12866. The affected programs are listed also become a matter of public record. Persons with disabilities who require in the Assistance Listings (https:// alternative means for communication beta.sam.gov/) under No. 10.553, No. Additional Public Notification (Braille, large print, audiotape, etc.), 10.555, No. 10.556, No. 10.558, and No. Public awareness of all segments of should contact USDA’s TARGET Center 10.559 and are subject to the provisions rulemaking and policy development is at (202) 720–2600 (voice and TDD). of Executive Order 12372, which important. Consequently, FSIS will requires intergovernmental consultation announce this Federal Register Paul Kiecker, with State and local officials. (See 2 CFR publication on-line through the FSIS Administrator. part 415). web page located at: http:// [FR Doc. 2020–05782 Filed 3–19–20; 8:45 am] Background www.fsis.usda.gov/federal-register. BILLING CODE 3410–DM–P FSIS will also announce and provide Pursuant to sections 9(b)(1) and a link to this Federal Register 17(c)(4) of the Richard B. Russell publication through the FSIS DEPARTMENT OF AGRICULTURE National School Lunch Act (42 U.S.C. Constituent Update, which is used to 1758(b)(1) and 42 U.S.C. 1766(c)(4)), provide information regarding FSIS Food and Nutrition Service and sections 3(a)(6) and 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. policies, procedures, regulations, Child Nutrition Programs: Income 1772(a)(6) and 1773(e)(1)(A)), the Federal Register notices, FSIS public Eligibility Guidelines meetings, and other types of information Department annually issues the Income that could affect or would be of interest AGENCY: Food and Nutrition Service, Eligibility Guidelines for free and to our constituents and stakeholders. USDA. reduced price meals for the National The Constituent Update is available on ACTION: Notice. School Lunch Program (7 CFR part 210), the FSIS web page. Through the web the Commodity School Program (7 CFR page, FSIS can provide information to a SUMMARY: This notice announces the part 210), School Breakfast Program (7 much broader, more diverse audience. Department’s annual adjustments to the CFR part 220), Summer Food Service In addition, FSIS offers an email Income Eligibility Guidelines to be used Program (7 CFR part 225) and Child and subscription service which provides in determining eligibility for free and Adult Care Food Program (7 CFR part automatic and customized access to reduced price meals and free milk for 226) and the guidelines for free milk in selected food safety news and the period from July 1, 2020 through the Special Milk Program for Children information. This service is available at: June 30, 2021. These guidelines are used (7 CFR part 215). These eligibility http://www.fsis.usda.gov/subscribe. by schools, institutions, and facilities guidelines are based on the Federal Options range from recalls to export participating in the National School income poverty guidelines and are information, regulations, directives, and Lunch Program (and Commodity School stated by household size. The guidelines notices. Customers can add or delete Program), School Breakfast Program, are used to determine eligibility for free subscriptions themselves and have the Special Milk Program for Children, and reduced price meals and free milk option to password protect their Child and Adult Care Food Program and in accordance with applicable program accounts. Summer Food Service Program. The rules. annual adjustments are required by Definition of Income USDA Non-Discrimination Statement section 9 of the Richard B. Russell No agency, officer, or employee of the National School Lunch Act. The In accordance with the Department’s USDA shall, on the grounds of race, guidelines are intended to direct policy as provided in the Food and color, national origin, religion, sex, benefits to those children most in need Nutrition Service publication Eligibility gender identity, sexual orientation, and are revised annually to account for Manual for School Meals, ‘‘income,’’ as disability, age, marital status, family/ changes in the Consumer Price Index. the term is used in this notice, means income before any deductions such as parental status, income derived from a DATES: Implementation July 1, 2020. public assistance program, or political income taxes, Social Security taxes, FOR FURTHER INFORMATION CONTACT: J. beliefs, exclude from participation in, insurance premiums, charitable Kevin Maskornick, Program Monitoring deny the benefits of, or subject to contributions, and bonds. It includes the and Operational Support Division, discrimination any person in the United following: (1) Monetary compensation Child Nutrition Programs, Food and States under any program or activity for services, including wages, salary, Nutrition Service, United States conducted by the USDA. commissions or fees; (2) net income Department of Agriculture, 1320 from nonfarm self-employment; (3) net How To File a Complaint of Braddock Place, Suite 401, Alexandria, income from farm self-employment; (4) Discrimination Virginia 22314. Social Security; (5) dividends or interest To file a complaint of discrimination, SUPPLEMENTARY INFORMATION: This on savings or bonds or income from complete the USDA Program action is not a rule as defined by the estates or trusts; (6) net rental income; Discrimination Complaint Form, which Regulatory Flexibility Act (5 U.S.C. (7) public assistance or welfare may be accessed online at http:// 601–612) and thus is exempt from the payments; (8) unemployment www.ocio.usda.gov/sites/default/files/ provisions of that Act. compensation; (9) government civilian docs/2012/Complain_combined_6_8_ In accordance with the Paperwork employee or military retirement, or 12.pdf, or write a letter signed by you Reduction Act of 1995 (44 U.S.C. 3507), pensions or veterans payments; (10) or your authorized representative. no recordkeeping or reporting private pensions or annuities; (11) Send your completed complaint form requirements have been included that alimony or child support payments; (12) or letter to USDA by mail, fax, or email: are subject to approval from the Office regular contributions from persons not Mail: U.S. Department of Agriculture, of Management and Budget. living in the household; (13) net Director, Office of Adjudication, 1400 This notice has been determined to be royalties; and (14) other cash income. Independence Avenue SW, Washington, not significant and was not reviewed by Other cash income would include cash DC 20250–9410. the Office of Management and Budget in amounts received or withdrawn from Fax: (202) 690–7442. conformance with Executive Order any source including savings,
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16051
investments, trust accounts and other The Department’s guidelines for free income is calculated by dividing the resources that would be available to pay meals and milk and reduced price meals annual income by 12; twice monthly the price of a child’s meal. were obtained by multiplying the year income is computed by dividing annual ‘‘Income’’, as the term is used in this 2020 Federal income poverty guidelines income by 24; income received every notice, does not include any income or by 1.30 and 1.85, respectively, and by two weeks is calculated by dividing benefits received under any Federal rounding the result upward to the next annual income by 26; and weekly programs that are excluded from whole dollar. income is computed by dividing annual consideration as income by any This notice displays only the annual income by 52. All numbers are rounded statutory prohibition. Furthermore, the Federal poverty guidelines issued by the upward to the next whole dollar. The value of meals or milk to children shall Department of Health and Human numbers reflected in this notice for a not be considered as income to their Services because the monthly and family of four in the 48 contiguous households for other benefit programs weekly Federal poverty guidelines are in accordance with the prohibitions in not used to determine the Income States, the District of Columbia, Guam section 12(e) of the Richard B. Russell Eligibility Guidelines. The chart details and the territories represent an increase National School Lunch Act and section the free and reduced price eligibility of 1.7 percent over last year’s level for 11(b) of the Child Nutrition Act of 1966 criteria for monthly income, income a family of the same size. (42 U.S.C. 1760(e) and 1780(b)). received twice monthly (24 payments per year); income received every two Authority: Section 9(b)(1) of the Richard The Income Eligibility Guidelines weeks (26 payments per year) and B. Russell National School Lunch Act (42 The following are the Income weekly income. U.S.C. 1758(b)(1)(A)). Eligibility Guidelines to be effective Income calculations are made based BILLING CODE 3410–30–P from July 1, 2020 through June 30, 2021. on the following formulas: Monthly
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16052 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN20MR20.007 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16053
Dated: February 24, 2020. SUPPLEMENTARY INFORMATION: The and regulations of the U.S. Commission Pamilyn Miller, purpose of the meeting is to provide on Civil Rights (Commission) and the Administrator, USDA Food and Nutrition information on the below topics: Federal Advisory Committee Act that Service. (1) Norbeck Wildlife Preserve 100th the Alabama Advisory Committee [FR Doc. 2020–05982 Filed 3–19–20; 8:45 am] Anniversary; (Committee) will hold a meeting on BILLING CODE 3410–30–C (2) South Dakota National Guard— Thursday, April 9, 2020, at 1:00 p.m. Golden Coyote 2020; (Central) for the purpose discussing the (3) Orientation Topic: Forest Hiring— final draft of the Voting Rights report. DEPARTMENT OF AGRICULTURE processes and status; Additionally, the Committee may (4) F3 Gold Proposal and discuss future topics of study. Forest Service Environmental Analysis Review; DATES: The meeting will be held on (5) Mineral Mountain Resources Black Hills National Forest Advisory Thursday, April 9, 2020, at 1:00 p.m. (MMR) Proposal and Environmental (Central). Board; Meeting Analysis Review; ADDRESSES: Public Call Information: AGENCY: Forest Service, USDA. (6) Sustainable Forest Discussion & Timber Sustainability Working Group; Dial: 800–367–2403, Conference ID: ACTION: Notice of meeting. and 6386607. SUMMARY: The Black Hills National (7) 2020 Fire Season. FOR FURTHER INFORMATION CONTACT: Forest Advisory Board (Board) will meet The meeting is open to the public. If David Barreras, DFO, at dbarreras@ in Rapid City, South Dakota. The time allows, the public may make oral usccr.gov or 312–353–8311. committee is established consistent statements of three minutes or less. SUPPLEMENTARY INFORMATION: Members with, and operates in compliance with Individuals wishing to make an oral of the public can listen to the the Federal Advisory Committee Act. statement should submit a request in discussion. This meeting is available to The purpose of the committee is to writing by April 6, 2020, to be the public through the following toll- improve collaborative relationships and scheduled on the agenda. Anyone who free call-in number: 800–367–2403, to provide advice and recommendations would like to bring related letters to the conference ID: 6386607. Any interested to the Secretary of Agriculture through attention of the Board may file written member of the public may call this the Black Hills National Forest statements with the Board’s staff before number and listen to the meeting. An Supervisor on a broad range of forest or after the meeting. Written comments open comment period will be provided issues. Board information, including the and time requests for oral comments to allow members of the public to make meeting agenda and the meeting must be sent to Scott Jacobson, Black a statement as time allows. The summary/minutes can be found at the Hills National Forest Supervisor’s conference call operator will ask callers following website: https:// Office, 1019 North Fifth Street, Custer, to identify themselves, the organization www.fs.usda.gov/main/blackhills/ South Dakota 57730; by email to they are affiliated with (if any), and an workingtogether/advisorycommittees. [email protected], or via facsimile to email address prior to placing callers 605–673–9208. DATES: The meeting will be held on into the conference room. Callers can Meeting Accommodations: If you are Wednesday, April 15, 2020, at 1:00 p.m. expect to incur regular charges for calls a person requiring reasonable All meetings are subject to cancellation. they initiate over wireless lines, accommodation, please make requests For updated status of meeting prior to according to their wireless plan. The in advance for sign language attendance, please contact the person Commission will not refund any interpreting, assistive listening devices, listed under FOR FURTHER INFORMATION incurred charges. Callers will incur no or other reasonable accommodation for CONTACT. charge for calls they initiate over land- access to the facility or proceedings by line connections to the toll-free ADDRESSES: The meeting will be held at contacting the person listed in the telephone number. Persons with hearing the Forest Service Center, 8221 Mount section titled FOR FURTHER INFORMATION impairments may also follow the Rushmore Road, Rapid City, South CONTACT. All reasonable proceedings by first calling the Federal Dakota 57702. accommodation requests are managed Relay Service at 1–800–977–8339 and Written comments may be submitted on a case by case basis. providing the Service with the as described under SUPPLEMENTARY Dated: March 16, 2020. conference call number and conference INFORMATION. All comments, including Cikena Reid, ID number. names and addresses, when provided, USDA Committee Management Officer. Members of the public are also are placed in the record and available entitled to submit written comments; [FR Doc. 2020–05832 Filed 3–19–20; 8:45 am] for public inspection and copying. The the comments must be received in the public may inspect comments received BILLING CODE 3411–15–P regional office within 30 days following at the Black Hills National Forest the meeting. Written comments may be Supervisor’s Office. Please call ahead to mailed to the Midwestern Regional facilitate entry into the building. COMMISSION ON CIVIL RIGHTS Office, U.S. Commission on Civil Rights, FOR FURTHER INFORMATION CONTACT: Notice of Public Meeting of the 230 S Dearborn Street, Suite 2120, Scott Jacobson, Committee Coordinator, Alabama Advisory Committee to Chicago, IL 60604. They may also be by phone at 605–440–1409 or by email Discuss Civil Rights Topics in the faxed to the Commission at (312) 353– at [email protected]. State 8324 or emailed to David Barreras at Individuals who use [email protected]. Persons who telecommunication devices for the deaf AGENCY: U.S. Commission on Civil desire additional information may (TDD) may call the Federal Information Rights. contact the Midwestern Regional Office Relay Service (FIRS) at 1–800–877–8339 ACTION: Announcement of meeting. at (312) 353–8311. between 8:00 a.m. and 8:00 p.m., Records generated from this meeting Eastern Standard Time, Monday SUMMARY: Notice is hereby given, may be inspected and reproduced at the through Friday. pursuant to the provisions of the rules Midwestern Regional Office, as they
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16054 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
become available, both before and after advised that before placing them into and stabilized gas condensate (duty rate the meeting. Records of the meeting will the conference call, the conference call ranges from duty-free to 10.5 cents/ be available via www.facadatabase.gov operator will ask callers to provide their barrel). Port Arthur LNG would be able under the Commission on Civil Rights, names, their organizational affiliations to avoid duty on foreign-status material Alabama Advisory Committee link (if any), and email addresses (so that which becomes scrap/waste. Customs (https://www.facadatabase.gov/FACA/ callers may be notified of future duties also could possibly be deferred or FACAPublicCommittee?id= meetings). Callers can expect to incur reduced on foreign-status production a10t0000001gzlLAAQ). Persons charges for calls they initiate over equipment. interested in the work of this Committee wireless lines, and the Commission will The material sourced from abroad is are directed to the Commission’s not refund any incurred charges. Callers gaseous natural gas (duty-free). The website, http://www.usccr.gov, or may will incur no charge for calls they request indicates that gaseous natural contact the Midwestern Regional Office initiate over land-line connections to gas is subject to special duties under at the above email or street address. the toll-free conference call-in number. Section 301 of the Trade Act of 1974 Persons with hearing impairments (Section 301), depending on the country Agenda may also follow the discussion by first of origin. The applicable Section 301 Welcome and Roll Call calling the Federal Relay Service at 1– decisions require subject merchandise Discussion of Barriers to Voting Report 800–877–8339 and providing the to be admitted to FTZs in privileged Discussion of Next Topics for study operator with the toll-free conference foreign status (19 CFR 146.41). Next Steps call-in number: 1–800–367–2403 and Public comment is invited from Public Comment conference ID: 3030243. interested parties. Submissions shall be Adjournment Dated: March 16, 2020. addressed to the Board’s Executive Dated: March 17, 2020. Secretary and sent to: [email protected]. The David Mussatt, David Mussatt, closing period for their receipt is April Supervisory Chief, Regional Programs Unit. Supervisory Chief, Regional Programs Unit. 29, 2020. [FR Doc. 2020–05801 Filed 3–19–20; 8:45 am] [FR Doc. 2020–05951 Filed 3–19–20; 8:45 am] A copy of the notification will be BILLING CODE P available for public inspection in the BILLING CODE 6335–01–P ‘‘Reading Room’’ section of the Board’s website, which is accessible via COMMISSION ON CIVIL RIGHTS DEPARTMENT OF COMMERCE www.trade.gov/ftz. For further information, contact Diane Corrections: Notice of Public Meeting Foreign-Trade Zones Board Finver at [email protected] or of the Maryland Advisory Committee [B–17–2020] (202) 482–1367. AGENCY: U.S. Commission on Civil Dated: March 16, 2020. Foreign-Trade Zone (FTZ) 116—Port Andrew McGilvray, Rights. Arthur, Texas, Notification of Proposed Executive Secretary. ACTION: Correction: Mode of meeting Production Activity, Port Arthur LNG, will now be by teleconference instead of LLC (Liquified Natural Gas [FR Doc. 2020–05903 Filed 3–19–20; 8:45 am] on location. Processing), Port Arthur, Texas BILLING CODE 3510–DS–P SUMMARY: The Commission on Civil Port Arthur LNG, LLC (Port Arthur Rights published a document LNG) submitted a notification of DEPARTMENT OF COMMERCE Wednesday, March 11, 2020, proposed production activity to the FTZ announcing an upcoming Maryland Board for its facility in Port Arthur, Bureau of Industry and Security Advisory Committee meeting. The Texas. The notification conforming to Order Denying Export Privileges document contained meeting at a venue the requirements of the regulations of but will now meet by teleconference. the FTZ Board (15 CFR 400.22) was In the Matter of: Zimo Sheng, Jinxiuyuan FOR FURTHER INFORMATION CONTACT: received on February 26, 2020. 17–403, Changshu, Jiangsu 215500, China Barbara de La Viez, DFO, at bdelaviez@ The applicant indicates that the and 3975 N Cramer Street, Unit 204, usccr.gov or 202–376–7533. grantee will be submitting a separate Milwaukee, WI 53211. Correction: In the Federal Register of application for FTZ designation at the On December 13, 2018, in the U.S. Wednesday, March 11, 2020, in FR Doc. company’s facility under FTZ 116. The District Court for the Eastern District of 2020–04923, on page 14185 in the first facility is used for liquified natural gas Wisconsin, Zimo Sheng (‘‘Sheng’’) was column, delete ‘‘Ascend One processing. Pursuant to 15 CFR convicted of violating Section 38 of the Government Building, BelAir Room, 400.14(b), FTZ activity would be limited Arms Export Control Act (22 U.S.C. 8930 Stanford Blvd., Columbia, MD to the specific foreign-status material 2778 (2012)) (‘‘AECA’’). Sheng was 21045, in the narrative of the first and specific finished products described convicted of violating Section 38 of the paragraph and in the ‘‘LOCATION.’’ The in the submitted notification (as AECA by knowingly and willfully meeting will not be held in person at a described below) and subsequently attempting to export from the United venue but by teleconference using the authorized by the FTZ Board. States to China the complete upper following numbers: 1–800–353–6461; Production under FTZ procedures assembly for a Glock 43 pistol ID: 2790767. could exempt Port Arthur LNG from BDEV511, designated as a defense Correction: In Column 1 also replace customs duty payments on the foreign- article on the United States Munitions SUPPLEMENTARY INFORMATION with the status material used in export List, without the required U.S. following SUPPLEMENTARY INFORMATION: production. On its domestic sales, for Department of State licenses. Sheng was Interested members of the public may the foreign-status material noted below, sentenced to 40 months in prison and a listen to the discussion by calling the Port Arthur LNG would be able to special assessment of $200. following toll-free conference call-in choose the duty rates during customs The Export Administration number: 1–800–367–2403 and entry procedures that apply to liquified Regulations (‘‘EAR’’ or ‘‘Regulations’’) conference ID: 3030243. Please be natural gas, heavy hydrocarbon stream, are administered and enforced by the
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16055
U.S. Department of Commerce’s Bureau opportunity to appeal this Order acquisition from the Denied Person of of Industry and Security (‘‘BIS’’).1 pursuant to part 756 of the Regulations any item subject to the Regulations that Section 766.25 of the Regulations remains available to Sheng. has been exported from the United provides, in pertinent part, that the Following consultations with BIS’s States; ‘‘Director of [BIS’s] Office of Exporter Office of Export Enforcement, including D. Obtain from the Denied Person in Services, in consultation with the its Director, I have decided to deny the United States any item subject to the Director of [BIS’s] Office of Export Sheng’s export privileges under the Enforcement, may deny the export Regulations for a period of 10 years from Regulations with knowledge or reason privileges of any person who has been the date of Sheng’s conviction. I have to know that the item will be, or is convicted of a violation of . . . section also decided to revoke any BIS-issued intended to be, exported from the 38 of the Arms Export Control Act (22 licenses in which Sheng had an interest United States; or U.S.C. 2778).’’ 15 CFR 766.25(a). The at the time of his conviction. E. Engage in any transaction to service denial of export privileges under this Accordingly, it is hereby ordered: any item subject to the Regulations that provision may be for a period of up to First, from the date of this Order until has been or will be exported from the 10 years from the date of the conviction. December 13, 2028, Zimo Sheng, with United States and which is owned, 15 CFR 766.25(d).2 In addition, last known addresses of Jinxiuyuan 17– possessed or controlled by the Denied pursuant to Section 750.8 of the 403, Changshu, Jiangsu 215500, China, Person, or service any item, of whatever Regulations, BIS’s Office of Exporter and 3975 N Cramer Street, Unit 204, origin, that is owned, possessed or Milwaukee, WI 53211, and when acting Services may revoke any BIS-issued controlled by the Denied Person if such licenses in which the person had an for or on his behalf, his successors, service involves the use of any item interest at the time of his/her assigns, employees, agents or subject to the Regulations that has been conviction.3 representatives (‘‘the Denied Person’’), BIS has received notice of Sheng’s may not, directly or indirectly, or will be exported from the United conviction for violating Section 38 of participate in any way in any States. For purposes of this paragraph, the AECA. The Regulations provide that transaction involving any commodity, servicing means installation, before taking action to deny a person’s software or technology (hereinafter maintenance, repair, modification or export privileges under Section 766.25, collectively referred to as ‘‘item’’) testing. BIS shall provide the person written exported or to be exported from the Third, after notice and opportunity for notice of the proposed action and an United States that is subject to the comment as provided in Section 766.23 opportunity to comment through a Regulations, including, but not limited of the Regulations, any other person, written submission, ‘‘unless exceptional to: firm, corporation, or business circumstances exist.’’ 15 CFR 766.25(b). A. Applying for, obtaining, or using organization related to Sheng by In this case, following sentencing in the any license, license exception, or export ownership, control, position of criminal matter, Sheng fled the United control document; responsibility, affiliation, or other States, rather than surrendering to the B. Carrying on negotiations connection in the conduct of trade or Bureau of Prisons to serve his sentence, concerning, or ordering, buying, business may also be made subject to and his current whereabouts are receiving, using, selling, delivering, the provisions of this Order in order to unknown to BIS. As a result, storing, disposing of, forwarding, exceptional circumstances exist. transporting, financing, or otherwise prevent evasion of this Order. However, as set forth below, the servicing in any way, any transaction Fourth, in accordance with part 756 of involving any item exported or to be the Regulations, Sheng may file an 1 The Regulations are currently codified in the exported from the United States that is appeal of this Order with the Under Code of Federal Regulations at 15 CFR parts 730– subject to the Regulations, or engaging Secretary of Commerce for Industry and 774 (2019). The Regulations originally issued under the Export Administration Act of 1979, as amended, in any other activity subject to the Security. The appeal must be filed 50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’), Regulations; or within 45 days from the date of this which lapsed on August 21, 2001. The President, C. Benefitting in any way from any Order and must comply with the through Executive Order 13,222 of August 17, 2001 transaction involving any item exported provisions of part 756 of the (3 CFR, 2001 Comp. 783 (2002)), which was or to be exported from the United States extended by successive Presidential Notices, Regulations. continued the Regulations in full force and effect that is subject to the Regulations, or under the International Emergency Economic from any other activity subject to the Fifth, a copy of this Order shall be Powers Act, 50 U.S.C. 1701, et seq. (2012) Regulations. delivered to Sheng and shall be (‘‘IEEPA’’). On August 13, 2018, the President Second, no person may, directly or published in the Federal Register. signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, indirectly, do any of the following: Sixth, this Order is effective which includes the Export Control Reform Act of A. Export or reexport to or on behalf immediately and shall remain in effect 2018, which is codified as amended at 50 U.S.C. of the Denied Person any item subject to until December 13, 2028. 4801–4852 (‘‘ECRA’’). While Section 1766 of ECRA the Regulations; repeals the provisions of the EAA (except for three B. Take any action that facilitates the Issued this 16th day of March, 2020. sections which are inapplicable here), Section 1768 of ECRA provides, in pertinent part, that all rules acquisition or attempted acquisition by Karen H. Nies-Vogel, and regulations that were made or issued under the the Denied Person of the ownership, Director, Office of Exporter Services. EAA (including as continued in effect pursuant to possession, or control of any item [FR Doc. 2020–05993 Filed 3–19–20; 8:45 am] IEEPA) or under the EAR, and were in effect as of subject to the Regulations that has been ECRA’s date of enactment (August 13, 2018), shall BILLING CODE P continue in effect according to their terms until or will be exported from the United modified, superseded, set aside, or revoked through States, including financing or other action undertaken pursuant to the authority support activities related to a provided under ECRA. transaction whereby the Denied Person 2 See also Section 11(h) of the EAA, 50 U.S.C. acquires or attempts to acquire such 4610(h) (Supp. III 2015); Sections 4819(e) and 4826 of ECRA, 50 U.S.C. 4819 and 4826; and note 1, ownership, possession or control; supra. C. Take any action to acquire from or 3 See notes 1 and 2, supra. to facilitate the acquisition or attempted
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16056 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
DEPARTMENT OF COMMERCE (rebar). For a complete description of of the date of publication of this notice the scope, see the Issues and Decision in the Federal Register.7 International Trade Administration Memorandum. Assessment and Cash Deposit [C–489–830] Analysis of Comments Received Requirements Steel Concrete Reinforcing Bar From All issues raised in interested parties’ In accordance with 19 CFR the Republic of Turkey: Final Results briefs are addressed in the Issues and 351.212(b)(2), Commerce intends to of Countervailing Duty Administrative Decision Memorandum. The Issues and issue assessment instructions to U.S. Review; 2017 Decision Memorandum is a public Customs and Border Protection (CBP) 15 document and is on file electronically days after the date of publication of AGENCY: Enforcement and Compliance, via Enforcement and Compliance’s these final results of review, to liquidate International Trade Administration, Antidumping and Countervailing Duty shipments of subject merchandise Department of Commerce. Centralized Electronic Service System produced and exported by Habas and SUMMARY: The Department of Commerce (ACCESS). ACCESS is available to entered, or withdrawn from warehouse, (Commerce) determines that Habas registered users at http:// for consumption on or after March 1, Sinai ve Tibbi Gazlar Istihsal Endustrisi access.trade.gov, and to all parties in the 2017 through December 31, 2017, at the A.S. (Habas), a producer/exporter of Central Records Unit, Room B8024 of ad valorem assessment rate listed above. steel concrete reinforcing bar (rebar) the main Commerce building. In In accordance with section 751(a)(1) from the Republic of Turkey (Turkey) addition, a complete version of the of the Act, Commerce also intends to received net countervailable subsidies Issues and Decision Memorandum can instruct CBP to collect cash deposits of during the period of review March 1, be accessed directly at http:// estimated countervailing duties in the 2017 through December 31, 2017. enforcement.trade.gov/frn/. The signed amount shown above for Habas. These DATES: Applicable March 20, 2020. and electronic versions of the cash deposit requirements, when FOR FURTHER INFORMATION CONTACT: Preliminary Decision Memorandum are imposed, shall remain in effect until Nancy Decker, AD/CVD Operations, identical in content. A list of the issues further notice. Office VII, Enforcement and raised by interested parties, and to Administrative Protective Order Compliance, International Trade which we responded in the Issues and Administration, U.S. Department of Decision Memorandum, is provided in This notice also serves as a reminder Commerce, 1401 Constitution Avenue the Appendix to this notice. to parties subject to administrative NW, Washington, DC 20230; telephone: Methodology protective order (APO) of their (202) 482–0196. responsibility concerning the SUPPLEMENTARY INFORMATION: Commerce conducted this disposition of proprietary information administrative review in accordance disclosed under APO in accordance Background with section 751(a)(1)(A) of the Tariff with 19 CFR 351.305(a)(3). Timely Commerce published the Preliminary Act of 1930, as amended (the Act). For written notification of the return or Results of this administrative review on each of the subsidy programs found destruction of APO materials, or September 16, 2019.1 For a history of countervailable, we determine that there conversion to judicial protective order, events that occurred since the is a subsidy, i.e., a government-provided is hereby requested. Failure to comply Preliminary Results, see the Issues and financial contribution that gives rise to with the regulations and the terms of an Decision Memorandum.2 On December a benefit to the recipient, and that the APO is a sanctionable violation. 2, 2019, Commerce extended the subsidy is specific.5 For a full deadline for the final results of this description of the methodology Notification to Interested Parties administrative review until March 13, underlying Commerce’s conclusions, These final results are issued and 2020.3 see the Issues and Decision published in accordance with sections Memorandum. Scope of the Order 4 751(a)(1) and 777(i)(1) of the Act. Final Results of the Review The merchandise covered by the Dated: March 13, 2020. Jeffrey I. Kessler, Order is steel concrete reinforcing bar In accordance with 19 CFR 351.221(b)(5), we determine the Assistant Secretary for Enforcement and 1 Compliance. See Steel Concrete Reinforcing Bar from the following net countervailable subsidy Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2017, rate for Habas, for the period March 1, Appendix 84 FR 48583 (September 16, 2019) (Preliminary 2017 through December 31, 2017: List of Topics Discussed in the Issues and Results) and accompanying Preliminary Decision Decision Memorandum Memorandum. Company Subsidy rate 2 See Memorandum, ‘‘Issues and Decision ad valorem I. Summary Memorandum for the Final Results of the II. Background Countervailing Duty Administrative Review of Steel Habas Sinai ve Tibbi Gazlar III. Scope of the Order Concrete Reinforcing Bar from the Republic of Istihsal Endustrisi A.S. 6 .... 3.37 percent IV. Subsidies Valuation Information Turkey; 2017,’’ dated concurrently with, and hereby V. Analysis of Programs adopted by, this notice (Issues and Decision VI. Discussion of the Issues Memorandum). Disclosure 3 See Memorandum, ‘‘Steel Concrete Reinforcing Bar from the Republic of Turkey: Extension of We will disclose to the parties in this 6 This rate applies only to merchandise both Deadline for Final Results in 2017 Countervailing proceeding the calculations performed produced and exported by Habas. Merchandise Duty Administrative Review,’’ dated December 2, for these final results within five days produced by Habas, but exported by another 2019. company, or produced by another company and 4 See Steel Concrete Reinforcing Bar From the exported by Habas continues to be covered by Steel Republic of Turkey: Amended Final Affirmative 5 See sections 771(5)(B) and (D) of the Act Concrete Reinforcing Bar from the Republic of Countervailing Duty Determination and regarding financial contribution; section 771(5)(E) Turkey: Countervailing Duty Order, 79 FR 65926 Countervailing Duty Order, 82 FR 32531 (July 14, of the Act regarding benefit; and section 771(5A) of (Nov. 6, 2014). 2017) (Order). the Act regarding specificity. 7 See 19 CFR 351.224(b).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16057
Comment 1: Benchmark for Provision of substantive response from any the electronic version of the Issues and Natural Gas for Less Than Adequate respondent interested party. As a result, Decision Memorandum are identical in Remuneration pursuant to section 751(c)(3)(B) of the content. Comment 2: Social Security Premium Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Support Programs Final Results of Sunset Review VII. Recommendation Commerce conducted an expedited (120-day) sunset review of the Order.4 [FR Doc. 2020–05810 Filed 3–19–20; 8:45 am] Pursuant to sections 751(c)(1), BILLING CODE 3510–DS–P Scope of the Order 752(c)(1) and (3) of the Act, Commerce The merchandise covered by the determines that revocation of the Order Order includes all manganese dioxide would be likely to lead to continuation DEPARTMENT OF COMMERCE (MnO2) that has been manufactured in or recurrence of dumping, and that the magnitude of the dumping margins International Trade Administration an electrolysis process, whether in powder, chip, or plate form. Excluded likely to prevail would be weighted- [A–570–919] from the scope are natural manganese average dumping margins up to 149.92 dioxide (NMD) and chemical manganese percent. Electrolytic Manganese Dioxide From dioxide (CMD). The merchandise Administrative Protective Orders the People’s Republic of China: Final subject to the Order is classified in the Results of the Expedited Second Harmonized Tariff Schedule of the This notice also serves as the only Sunset Review of the Antidumping United States (HTSUS) at subheading reminder to parties subject to Duty Order 2820.10.00.00. While the HTSUS administrative protective order (APO) of AGENCY: Enforcement and Compliance, subheading is provided for convenience their responsibility concerning the International Trade Administration, and customs purposes, the written return or destruction of proprietary Department of Commerce. description of the scope of the Order is information disclosed under APO in 5 SUMMARY: The Department of Commerce dispositive. accordance with 19 CFR 351.305. (Commerce) finds that revocation of the Analysis of Comments Received Timely notification of the return or antidumping duty (AD) order on destruction of APO materials, or electrolytic manganese dioxide (EMD) A complete discussion of all issues raised in this sunset review, including conversion to judicial protective, orders from the People’s Republic of China is hereby requested. Failure to comply (China) would be likely to lead to the likelihood of continuation or recurrence of dumping in the event of with the regulations and terms of an continuation or recurrence of dumping, APO is a violation which is subject to at the level indicated in the ‘‘Final revocation of the Order and the sanction. Results of Sunset Review’’ section of magnitude of the dumping margins this notice. likely to prevail if the Order were to be Notification to Interested Parties DATES: Applicable March 20, 2020. revoked, is provided in the accompanying Issues and Decision We are issuing and publishing these FOR FURTHER INFORMATION CONTACT: Memorandum, which is hereby adopted results and notice in accordance with Thomas Hanna, AD/CVD Operations, by this notice.6 A list of the topics Office IV, Enforcement and Compliance, sections 751(c), 752(c), and 777(i)(1) of discussed in the Issues and Decision International Trade Administration, the Act, and 19 CFR 351.218 and 19 Memorandum is attached as an U.S. Department of Commerce, 1401 CFR 351.221(c)(5)(ii). Appendix to this notice. The Issues and Constitution Avenue NW, Washington, Decision Memorandum is a public Dated: March 16, 2020. DC 20230; telephone: (202) 482–0835. document and is on file electronically Jeffrey I. Kessler, SUPPLEMENTARY INFORMATION: via Enforcement and Compliance’s Assistant Secretary for Enforcement and Background Antidumping and Countervailing Duty Compliance. Centralized Electronic Service System After publication of the notice of Appendix (ACCESS). ACCESS is available to initiation of this sunset review of the registered users at http:// List of Topics Discussed in the Issues and AD order on EMD from China,1 access.trade.gov and to all parties in the Decision Memorandum pursuant to section 751(c) of the Tariff Central Records Unit, Room B8024 of Act of 1930, as amended (the Act) I. Summary the main Commerce building. In Borman Specialty Materials (Borman) II. Background addition, a complete version of the and Prince Specialty Products LLC III. Scope of the Order Issues and Decision Memorandum can (Prince) (collectively, domestic IV. History of the Order be accessed on the internet at http:// interested parties) filed with Commerce V. Legal Framework enforcement.trade.gov/frn/. The signed a timely and complete notice of intent VI. Discussion of the Issues Issues and Decision Memorandum and 1. Likelihood of Continuation or to participate in the sunset review,2 and Recurrence of Dumping a timely and adequate substantive of Initiation of Five-Year (Sunset) Review of the 2. Magnitude of the Margin of Dumping response.3 Commerce did not receive a Antidumping Duty Order,’’ dated January 2, 2020 Likely to Prevail (Substantive Response). VII. Final Results of Sunset Review 1 See Initiation of Five-Year (Sunset) Reviews, 84 4 For a complete description of the background of FR 65968 (December 2, 2019); see also this sunset review of the Order, see Memorandum, VIII. Recommendation Antidumping Duty Order: Electrolytic Manganese ‘‘Issues and Decision Memorandum for the [FR Doc. 2020–05928 Filed 3–19–20; 8:45 am] Dioxide from the People’s Republic of China, 73 FR Expedited Second Sunset Review of the 58537 (October 7, 2008) (Order). Antidumping Duty Order on Electrolytic BILLING CODE 3510–DS–P 2 See Domestic Interested Parties’ Letter, Manganese Dioxide from the People’s Republic of ‘‘Electrolytic Manganese Dioxide from the People’s China,’’ dated concurrently with, and hereby Republic of China: Notice of Intent to Participate,’’ adopted by, this notice (Issues and Decision dated December 17, 2019. Memorandum). 3 See Domestic Interested Parties’ Letter, 5 For a complete description of the scope of the ‘‘Electrolytic Manganese Dioxide from the People’s Order, see the Issues and Decision Memorandum. Republic of China: Substantive Response to Notice 6 Id.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16058 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
DEPARTMENT OF COMMERCE and revise the application process for Department of Commerce will accept the event. additional applications for this mission International Trade Administration SUPPLEMENTARY INFORMATION: through June 30, 2020, and plans to Amendments to revise the event dates select a total of 20 firms and/or trade Postpone the Asia EDGE Business and application process. associations, including previously Development Mission selected firms and new applicants. Background AGENCY: International Trade Firms and/or trade associations Administration, U.S. Department of The Department of Commerce has previously selected to participate in this Commerce. decided to postpone the Asia EDGE mission will need to confirm their ACTION: Notice. Business Development Mission, which availability, but need not reapply. was announced September 19, 2019 (84 The proposed schedule is updated as SUMMARY: The United States Department FR 48590), from March 16–24, 2020 to of Commerce, International Trade September 14–22, 2020. The follows*: Administration, is amending the notice Department has been closely monitoring *Note: The final schedule of meetings, published on September 16, 2019, COVID–19 developments and believes events, and site visits will depend on regarding the Asia EDGE (Enhancing postponing the mission is the best the availability of host government and Development and Growth through decision for the health, safety and business officials, specific goals of Energy) Business Development Mission welfare of the participants. Mission mission participants, and flight to Indonesia and Vietnam, scheduled for stops will include Indonesia, Vietnam, availability and ground transportation March 16–24, 2020, to amend the dates and Thailand (optional). The options.
Sunday Sept. 13, 2020 ...... • Travel to BANGKOK—Optional Spin Off. Monday Sept. 14, 2020 ...... • Optional Spin Off Program Commences. • BANGKOK (Full Day Sessions). Tuesday Sept. 15, 2020 ...... • BANGKOK (Morning Sessions). • Travel to HO CHI MINH CITY. Wednesday Sept. 16, 2020 ...... • Official Trade Mission Program Commences. • HO CHI MINH CITY (Full Day Sessions). Thursday Sept. 17, 2020 ...... • Travel to HANOI. • HANOI (Evening Reception). Friday Sept. 18, 2020 ...... • HANOI (Full Day Sessions). Saturday/Sunday Sept. 19–20, 2020 ...... • Travel to JAKARTA. Monday Sept. 21, 2020 ...... • JAKARTA (Full Day Sessions). Tuesday Sept. 22, 2020 ...... • JAKARTA (Visit PowerGen Asia Show). • Official Trade Mission Program Concludes.
Contact Information 815–1080–0475, Email: paul.taylor@ FOR FURTHER INFORMATION CONTACT: trade.gov Hermes Pinilla, AD/CVD Operations, Stephen Anderson, Commercial Officer, Office I, Enforcement and Compliance, Gemal Brangman, U.S. Embassy Bangkok, U.S. International Trade Administration, Department of Commerce, Phone: 66– Senior Advisor, Trade Missions, ITA Events U.S. Department of Commerce, 1401 Management Task Force. 2–205–5263, Email: Constitution Avenue NW, Washington, [email protected] [FR Doc. 2020–05861 Filed 3–19–20; 8:45 am] DC 20230; telephone: (202) 482–3477. BILLING CODE 3510–DR–P Cathy Gibbons, Global Energy Team SUPPLEMENTARY INFORMATION: Lead, U.S. Commercial Service, Westchester (New York), U.S. Background DEPARTMENT OF COMMERCE Department of Commerce, Phone: 1– On October 1, 2019, Commerce 914–682–6712, Email: cathy.gibbons@ International Trade Administration published a notice of opportunity to trade.gov request an administrative review of the Victoria Gunderson, International Trade [A–421–813] antidumping duty order on HR Steel Specialist, Office of Energy and from the Netherlands for the period of Certain Hot-Rolled Steel Flat Products Environmental Industries, U.S. review (POR) October 1, 2018, through From the Netherlands: Rescission of Department of Commerce, Phone: 1– September 30, 2019.1 On October 31, Antidumping Duty Administrative 202–482–7890, Email: 2019, the petitioners 2 timely requested Review; 2018–2019 [email protected] an administrative review of the Eric Hsu, Senior Commercial Officer, AGENCY: Enforcement and Compliance, antidumping duty order with respect to U.S. Embassy Hanoi (Vietnam), U.S. International Trade Administration, Tata Steel Steel Ijmuiden BV.3 On Department of Commerce, Phone: 84– Department of Commerce. December 11, 2019, in accordance with 24–3850–5070, Email: eric.hsu@ SUMMARY: The Department of Commerce section 751(a) of the Tariff Act of 1930, trade.gov (Commerce) is rescinding the David Nufrio, International Trade administrative review of the 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity Specialist, Global Markets Asia, U.S. antidumping duty order on certain hot- to Request Administrative Review, 84 FR 52068 Department of Commerce, Phone: 1– rolled steel flat products (HR Steel) from (October 1, 2019). 202–482–5175, Email: david.nufrio@ the Netherlands for the period October 2 The petitioners are AK Steel Corporation, Steel trade.gov 1, 2018, through September 30, 2019, Dynamics Inc., SSAB Enterprises, LLC, Nucor based on the timely withdrawal of the Corporation, and United States Steel Corporation. Paul Taylor, Commercial Officer, U.S. 3 See the petitioners’ Letter, ‘‘Re: Hot-Rolled Steel Embassy Jakarta (Indonesia), U.S. request for review. Flat Products from the Netherlands/Request For Department of Commerce, Phone: 62– DATES: Applicable March 20, 2020. Administrative Review,’’ dated October 31, 2019.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16059
as amended (the Act) and 19 CFR occurred and the subsequent assessment People’s Republic of China.1 On 351.221(c)(1)(i), we initiated an of doubled antidumping duties. December 2, 2019, Commerce published administrative review of the order on the initiation of the second sunset Notification Regarding Administrative HR Steel from the Netherlands with review of this order, pursuant to section Protective Order respect Tata Steel Steel Ijmuiden BV.4 751(c) of the Tariff Act of 1930, as On February 21, 2020, the petitioners This notice also serves as a reminder amended (the Act).2 On December 13, timely withdrew their request for an to parties subject to administrative 2019, Commerce received a notice of administrative review of Tata Steel Steel protective order (APO) of their intent to participate from Appvion Ijmuiden BV.5 Commerce received no responsibility concerning the Operations, Inc. (Appvion) and Kanzaki other requests for an administrative disposition of proprietary information Specialty Papers Inc. (Kanzaki) within review of the antidumping duty order. disclosed under APO in accordance the deadline specified in 19 CFR with 19 CFR 351.305(a)(3). Timely 351.218(d)(1)(i).3 Appvion and Kanzaki Rescission of Review written notification of the return or (domestic interested parties) claimed Pursuant to 19 CFR 351.213(d)(1), destruction of APO materials or interested party status under section Commerce will rescind an conversion to judicial protective order is 771(9)(C) of the Act as producers of administrative review ‘‘in whole or in hereby requested. Failure to comply lightweight thermal paper in the United part, if a party that requested a review with the regulations and the terms of an States. withdraws the request within 90 days of APO is a sanctionable violation. On December 23, 2019, Commerce the date of publication of notice of This notice is issued and published in received an adequate substantive initiation of the requested review.’’ The accordance with sections 751(a)(1) and response from the domestic interested petitioners withdrew their request for 777(i)(1) of the Act and 19 CFR parties within the 30-day deadline review within 90-days of the 351.213(d)(4). specified in 19 CFR 351.218(d)(3).4 publication date of the Initiation Notice. Dated: March 16, 2020. Commerce did not receive any Because we received no other requests James Maeder, submissions from any other interested for review of Tata Steel Steel Ijmuiden Deputy Assistant Secretary for Antidumping parties. Because Commerce did not BV, and no other requests for the review and Countervailing Duty Operations. receive a substantive response from either the Government of China (GOC) of the order on HR Steel from the [FR Doc. 2020–05811 Filed 3–19–20; 8:45 am] Netherlands with respect to other or the respondent interested parties who BILLING CODE 3510–DS–P companies subject to the order, we are are producers or exporters of rescinding the administrative review of lightweight thermal paper, we the order in its entirety, in accordance DEPARTMENT OF COMMERCE determined that respondent interested with 19 CFR 351.213(d)(1). parties provided inadequate responses International Trade Administration to Commerce’s notice of initiation. Assessment On December 23, 2019, Commerce Commerce will instruct U.S. Customs [C–570–921] notified the U.S. International Trade Commission that it did not receive an and Border Protection (CBP) to assess Lightweight Thermal Paper From the adequate substantive response from antidumping duties on all appropriate People’s Republic of China: Final respondent interested parties.5 As a entries of HR Steel products from the Results of the Expedited Second result, pursuant to section 751(c)(3)(B) Netherlands during the POR at rates Sunset Review of the Countervailing of the Act and 19 CFR equal to the cash deposit rate of Duty Order estimated antidumping duties required 351.218(e)(1)(ii)(B)–(C), Commerce is at the time of entry, or withdrawal from AGENCY: Enforcement and Compliance, conducting an expedited (120-day) warehouse, for consumption, in International Trade Administration, sunset review of the CVD Order. accordance with 19 CFR Department of Commerce. Scope of the Order 351.212(c)(1)(i). Commerce intends to SUMMARY: The Department of Commerce issue appropriate assessment (Commerce) finds that revocation of the Imports covered by the Order are instructions to CBP 15 days after countervailing duty (CVD) order on shipments of certain lightweight publication of this notice in the Federal lightweight thermal paper from the thermal paper, which is thermal paper Register. People’s Republic of China (PRC) would with a basis weight of 70 grams per square meter (g/m2) (with a tolerance of Notification to Importers be likely to lead to continuation or recurrence of countervailable subsidies. 1 See Lightweight Thermal Paper from the This notice serves as a final reminder DATES: Applicable March 20, 2020. People’s Republic of China: Notice of Amended to importers of their responsibility FOR FURTHER INFORMATION CONTACT: Final Affirmative Countervailing Duty under 19 CFR 351.402(f)(2) to file a Determination and Notice of Countervailing Duty Dusten Hom or Mary Kolberg, AD/CVD certificate regarding the reimbursement Order, 73 FR 70958 (November 24, 2008) (CVD Operations, Office I, Enforcement and of antidumping duties prior to Order). Compliance, International Trade 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 84 liquidation of the relevant entries Administration, U.S. Department of FR 65968 (December 2, 2019). during this review period. Failure to 3 Commerce, 1401 Constitution Avenue See Appvion’s and Kanzaki’s Letter, ‘‘Five-Year comply with this requirement could (‘Sunset’) Review of Countervailing Duty Order on NW, Washington, DC 20230; telephone result in Commerce’s presumption that Lightweight Thermal Paper from the People’s (202) 482–5075 or (202) 482–1785, reimbursement of antidumping duties Republic of China: Domestic Industry Notice of respectively. Intent to Participate,’’ dated December 13, 2019. 4 See Appvion’s and Kanzaki’s Letter, ‘‘Five-Year 4 See Initiation of Antidumping and SUPPLEMENTARY INFORMATION: (‘Sunset’) Review of Countervailing Duty Order on Countervailing Duty Administrative Reviews, 84 FR Lightweight Thermal Paper from the People’s 67712 (December 11, 2019) (Initiation Notice). Background Republic of China: Domestic Industry Substantive 5 See the petitioners’ Letter, ‘‘Re: Hot-Rolled Steel On November 24, 2008, Commerce Response,’’ dated December 23, 2019. Flat Products from the Netherlands/Withdrawal Of 5 See Commerce’s Letter, ‘‘Sunset Reviews Request For Administrative Review,’’ dated published the countervailing duty order Initiated December 2, 2019,’’ dated December 23, February 21, 2020. on lightweight thermal paper from the 2019.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16060 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
± 4.0 g/m2) or less; irrespective of concurrently with and hereby adopted sections 751(c), 752(b), and 777(i)(1) of dimensions; 6 with or without a base by this notice. The issues discussed in the Act and 19 CFR 351.218. 7 coat on one or both sides; with thermal the Issues and Decision Memorandum Dated: March 16, 2020. active coating(s) 8 on one or both sides are the likelihood of continuation or Jeffrey I. Kessler, that is a mixture of the dye and the recurrence of a countervailable subsidy developer that react and form an image and the net countervailable subsidy Assistant Secretary for Enforcement and Compliance. when heat is applied; with or without likely to prevail if the order were a top coat; 9 and without an adhesive revoked. The Issues and Decision Appendix backing. Certain lightweight thermal Memorandum is a public document and List of Topics Discussed in the Issues and paper is typically (but not exclusively) is on file electronically via Enforcement Decision Memorandum used in point-of-sale applications such and Compliance’s Antidumping and 1. Summary as ATM receipts, credit card receipts, Countervailing Duty Centralized 2. History of the Order gas pump receipts, and retail store Electronic Service System (ACCESS). 3. Background receipts. ACCESS is available to registered users 4. Scope of the Order The merchandise subject to this order at http://access.trade.gov and to all 5. Discussion of the Issues may be classified in the Harmonized parties in the Central Records Unit, a. Likelihood of Continuation or Tariff Schedule of the United States Room B8024 of the main Commerce Recurrence of a Countervailable Subsidy (HTSUS) under subheadings building. In addition, a complete b. Net Countervailable Subsidy Likely to 4811.90.9035, 4811.90.9080, version of the Issues and Decision Prevail 4811.59.2000, 4820.10.20, 4823.40.0000, Memorandum can be accessed directly c. Nature of the Subsidies 3703.10.60, 4811.90.8030, 4811.90.8040, at http://enforcement.trade.gov/frn. The 6. Final Results of Review 7. Recommendation 4811.90.8050, 4811.90.9030, signed and electronic versions of the 4811.90.9050, and 4811.90.9090.10 11 Issues and Decision Memorandum are [FR Doc. 2020–05930 Filed 3–19–20; 8:45 am] Although HTSUS subheadings are identical in content. BILLING CODE 3510–DS–P provided for convenience and customs purposes, the written description of the Final Results of Review scope of this order is dispositive. Pursuant to sections 751(c)(1) and DEPARTMENT OF COMMERCE 752(b)(1) and (3) of the Act, we Analysis of Comments Received determine that revocation of the CVD International Trade Administration All issues raised in this review are Order would be likely to lead to addressed in the Issues and Decision continuation or recurrence of [A–580–880] Memorandum,12 which is dated countervailable subsidies at the Heavy Walled Rectangular Welded following net countervailable subsidy Carbon Steel Pipes and Tubes From 6 Lightweight thermal paper is typically produced rates: in jumbo rolls that are slit to the specifications of the Republic of Korea: Rescission of the converting equipment and then converted into Net subsidy Antidumping Duty Administrative finished slit rolls. Both jumbo and converted rolls Manufacturers/producers/ rate Review; 2018–2019, in Part (as well as LWTP in any other form, presentation, exporters (percent) or dimension) are covered by the scope of this AGENCY: Enforcement and Compliance, order. Guangdong Guanhao High- International Trade Administration, 7 A base coat, when applied is typically made of clay and/or latex like materials and is intended to Tech Co., Ltd ...... 13.63 Department of Commerce. cover the rough surface of the paper substrate and Shenzhen Yuanming Indus- SUMMARY: On November 12, 2019, the trial Development Co., Ltd 138.53 to provide insulating value. Department of Commerce (Commerce) 8 A thermal active coating is typically made of MDCN Technology Co., Ltd. 124.93 sensitizer, dye, and co-reactant. Xiamen Anne Paper Co., Ltd 124.93 initiated an administrative review on 9 A top coat, when applied is typically made of All Others ...... 13.63 heavy walled rectangular welded carbon polyvinyl acetone, polyvinyl alcohol, and/or like steel pipes and tubes from the Republic materials and is intended to provide environmental Administrative Protective Order (APO) of Korea (Korea) for the period protection, an improved surface for press printing, September 1, 2018 through August 31, and/or wear protection for the thermal print head. This notice also serves as the only 10 2019, for 22 companies. Because HTSUS subheading 4811.90.8000 was a reminder to parties subject to classification used for lightweight thermal paper interested parties timely withdrew their administrative protective order (APO) of until January 1, 2007. Effective that date, requests for administrative review for their responsibility concerning the subheading 4811.90.8000 was replaced with certain companies, we are rescinding 4811.90.8020 (for gift wrap, anon-subject product) return or destruction of proprietary this administrative review with respect and 4811.90.8040 (for ‘‘other’’ including lightweight information disclosed under APO in thermal paper). HTSUS subheading 4811.90.8000 to those companies. For a list of the accordance with 19 CFR 351.305. was a classification for lightweight thermal paper companies for which we are rescinding Timely notification of the return or until July 1, 2005. Effective that date, subheading this review, see Appendix I to this 4811.90.9000 was replaced with 4811.90.9010 (for destruction of APO materials or notice. For a list of the companies for tissue paper, a non-subject product) and conversion to judicial protective orders 4811.90.9090 (for ‘‘other’’, including lightweight which the review is continuing, see is hereby requested. Failure to comply thermal paper). Appendix II to this notice. 11 As of January 1, 2009, the International Trade with the regulations and terms of an Commission deleted HTSUS subheadings APO is a sanctionable violation. DATES: Applicable March 20, 2020. 4811.90.8040 and 4811.90.9090 and added HTSUS FOR FURTHER INFORMATION CONTACT: Notification to Interested Parties subheadings 4811.90.8030, 4811.90.8050, Alice Maldonado or Whitley Herndon, 4811.90.9030, and 4811.90.9050 to the Harmonized We are issuing and publishing these Tariff Schedule of the United States (2009). See AD/CVD Operations, Office II, Harmonized Tariff Schedule of the United States results and notice in accordance with Enforcement and Compliance, (2009), available at www.usitc.gov. These HTSUS International Trade Administration, subheadings were added to the scope of the order Countervailing Duty Order on certain Lightweight U.S. Department of Commerce, 1401 in lightweight thermal paper’s LTFV investigation. Thermal Paper from the People’s Republic of 12 See Memorandum, ‘‘Issues and Decision China,’’ dated concurrently with, and hereby Constitution Avenue NW, Washington, Memorandum for the Final Results of the Second adopted by, this notice (Issues and Decision DC 20230; telephone: (202) 482–4682 or Expedited Five-Year Sunset Review of the Memorandum). (202) 482–6274, respectively.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16061
Background deposit of estimated antidumping duties Appendix II On September 3, 2019, Commerce required at the time of entry, or Dong-A Steel Co., Ltd. published in the Federal Register a withdrawal from warehouse, for HiSteel Co., Ltd. notice of opportunity to request an consumption, in accordance with 19 Kukje Steel Co., Ltd. CFR 351.212(c)(1)(i). Commerce intends administrative review of the [FR Doc. 2020–05812 Filed 3–19–20; 8:45 am] to issue appropriate assessment antidumping duty order on heavy BILLING CODE 3510–DS–P walled rectangular welded carbon steel instructions to CBP 15 days after pipes and tubes from Korea for the publication of this notice in the Federal period September 1, 2018 through Register. DEPARTMENT OF COMMERCE August 31, 2019.1 In September 2019, Notification to Importers Commerce received timely requests, in National Oceanic and Atmospheric accordance with section 751(a) of the This notice serves as a reminder to Administration Tariff Act of 1930, as amended (the Act), importers of their responsibility under [RTID 0648–XR035] to conduct an administrative review of 19 CFR 351.402(f)(2) to file a certificate this antidumping duty order from regarding the reimbursement of Takes of Marine Mammals Incidental to Independence Tube Corporation and antidumping duties prior to liquidation Specified Activities; Taking Marine Southland Tube Incorporated, of the relevant entries during this Mammals Incidental to the Parallel collectively Nucor Pipe Mills (the review period. Failure to comply with Thimble Shoal Tunnel Project in petitioner), HiSteel Co., Ltd., Dong-A this requirement could result in Virginia Beach, Virginia Steel Co., Ltd., and Kukje Steel Co., Ltd.. Commerce’s presumption that Based upon these requests, on reimbursement of antidumping duties AGENCY: National Marine Fisheries November 12, 2019, in accordance with occurred and the subsequent assessment Service (NMFS), National Oceanic and section 751(a) of the Act, Commerce of doubled antidumping duties. Atmospheric Administration (NOAA), published in the Federal Register a Commerce. notice of initiation listing 22 companies Notification Regarding Administrative ACTION: Notice; issuance of an incidental for which Commerce received timely Protective Orders harassment authorization. 2 requests for review. This notice also serves as a reminder In February 2020, all interested SUMMARY: In accordance with the to parties subject to administrative parties timely withdrew their request for regulations implementing the Marine protective order (APO) of their an administrative review of certain Mammal Protection Act (MMPA), as responsibility concerning the return or companies.3 These companies are listed amended, notification is hereby given destruction of proprietary information in Appendix I. that NMFS has issued an incidental disclosed under APO in accordance harassment authorization (IHA) to the Partial Rescission with 19 CFR 351.305. Timely written Chesapeake Tunnel Joint Venture Pursuant to 19 CFR 351.213(d)(1), the notification of the return/destruction of (CTJV) to incidentally take, by Level A Secretary will rescind an administrative APO materials or conversion to judicial harassment and Level B harassment, review, in whole or in part, if a party protective order is hereby requested. five species of marine mammals during who requested the review withdraws Failure to comply with the regulations the Parallel Thimble Shoal Tunnel the request within 90 days of the date and terms of an APO is a violation Project (PTST) in Virginia Beach, of publication of notice of initiation of which is subject to sanction. Virginia. the requested review. As noted above, Notification to Interested Parties DATES: This Authorization is effective certain parties withdrew their requests from March 10, 2020 through March 09, for review by the 90-day deadline. This notice is issued and published in 2021. Accordingly, we are rescinding this accordance with section 751(a)(1) of the FOR FURTHER INFORMATION CONTACT: administrative review with respect to Act and 19 CFR 351.213(d)(4). the companies listed in Appendix I.4 Robert Pauline, Office of Protected Dated: March 16, 2020. Resources, NMFS, (301) 427–8401. Assessment James Maeder, Electronic copies of the application and Commerce will instruct U.S. Customs Deputy Assistant Secretary for Antidumping supporting documents, as well as a list and Border Protection (CBP) to assess and Countervailing Duty Operations. of the references cited in this document, antidumping duties on all appropriate Appendix I may be obtained online at: https:// entries. Antidumping duties shall be www.fisheries.noaa.gov/permit/ assessed at rates equal to the cash Ahshin Pipe & Tube Company incidental-take-authorizations-under- Bookook Steel Co., Ltd. marine-mammal-protection-act. In case Dongbu Steel Co., Ltd. 1 of problems accessing these documents, See Antidumping or Countervailing Duty Order, G.S. ACE Industry Co., Ltd. Finding, or Suspended Investigation; Opportunity please call the contact listed above. to Request Administrative Review, 84 FR 45949 Ganungol Industries Co., Ltd. SUPPLEMENTARY INFORMATION: (September 3, 2019). Hanjin Steel Pipe 2 See Initiation of Antidumping and Husteel Co., Ltd. Background Countervailing Duty Administrative Reviews, 84 FR Hyosung Corporation 61011 (November 12, 2019) (Initiation Notice). Hyundai Steel Co. The MMPA prohibits the ‘‘take’’ of 3 See Petitioner’s Letter, ‘‘Heavy Walled Hyundai Steel Pipe Company marine mammals, with certain Rectangular Welded Carbon Steel Pipes and Tubes K Steel Co., Ltd. exceptions. Sections 101(a)(5)(A) and from the Republic of Korea: Partial Withdrawal of Miju Steel Manufacturing Co., Ltd. (D) of the MMPA (16 U.S.C. 1361 et Request for Administrative Review,’’ dated NEXTEEL Co., Ltd. February 10, 2020. seq.) direct the Secretary of Commerce 4 POSCO DAEWOO We note that although we are rescinding on the Sam Kang Industrial Co., Ltd. (as delegated to NMFS) to allow, upon companies listed in Appendix I, these companies request, the incidental, but not may still be subject to this administrative review if Samson Controls Ltd., Co. we find them to be an affiliate of any of the SeAH Steel Corporation intentional, taking of small numbers of mandatory respondents in this review listed in Shin Steel Co., Ltd. marine mammals by U.S. citizens who Appendix II. Yujin Steel Industry Co. Ltd. engage in a specified activity (other than
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16062 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
commercial fishing) within a specified bottlenose dolphin (Tursiops truncatus), hammer. Work will occur during geographical region if certain findings harbor porpoise (Phocoena phocoena) standard daylight hours of are made and either regulations are and humpback whale (Megaptera approximately 8–12 hours per day issued or, if the taking is limited to novaeangliae) by Level A and Level B depending on the season. In-water work harassment, a notice of a proposed harassment. Neither the CTJV nor NMFS will occur every month with the incidental take authorization may be expects serious injury or mortality to exception of February 2021. In-water provided to the public for review. result from this activity and, therefore, construction associated with this IHA Authorization for incidental takings an IHA is appropriate. will begin in winter of 2020. shall be granted if NMFS finds that the Description of Activity The PTST project has been divided taking will have a negligible impact on into four phases over 5 years. Phase I the species or stock(s) and will not have Overview commenced in June 2017 and consisted an unmitigable adverse impact on the of upland pre-tunnel excavation availability of the species or stock(s) for The CTJV requested authorization for take of marine mammals incidental to activities, while Phase IV is scheduled taking for subsistence uses (where to be completed in May of 2022. In- relevant). Further, NMFS must prescribe in-water construction activities associated with the PTST project. The water activities are limited to Phase II the permissible methods of taking and and, potentially, Phase IV (if other means of effecting the least project consists of the construction of a substructure repair work is required at practicable [adverse] impact on the two-lane parallel tunnel to the west of the fishing pier and/or bridge trestles affected species or stocks and their the existing Thimble Shoal Tunnel, and abutments). Take of marine habitat, paying particular attention to connecting Portal Island Nos. 1 and 2 of mammals authorized under this IHA rookeries, mating grounds, and areas of the CBBT facility which extends across will occur for one year from the date of similar significance, and on the the mouth of the Chesapeake Bay near issuance. availability of such species or stocks for Virginia Beach, Virginia. Upon taking for certain subsistence uses completion, the new tunnel will carry A detailed description of the planned (referred to in shorthand as two lanes of southbound traffic and the activities is provided in the Federal ‘‘mitigation’’); and requirements existing tunnel will remain in operation Register notice announcing the pertaining to the mitigation, monitoring and carry two lanes of northbound proposed IHA (84 FR 64847; November and reporting of such takings are set traffic. The PTST project will address 25, 2019). Since that time the CTJV has forth. existing constraints to regional mobility made minor revisions to the project’s The definitions of all applicable based on current traffic volume along construction schedule. The project is MMPA statutory terms cited above are the facility. Construction will include now planned to occur over 11 months included in the relevant sections below. the installation and removal of 812 piles with no in-water activity in February over 198 days as shown below in Table 2021. The project schedule contained in Summary of Request 1. Due to minor construction design the proposed IHA was to occur over 10 On May 24, 2019, NMFS received a changes, the Federal Register notice months with no in-water work during request from the CTJV for an IHA to take announcing the proposed IHA (84 FR September and October of 2020. The in- marine mammals incidental to pile 64847; November 25, 2019), had water activities described in the driving and removal at the Chesapeake originally estimated that there were proposed IHA Federal Register notice Bay Bridge and Tunnel (CBBT) near would be 878 piles installed and generally remain the same. Any changes Virginia Beach, Virginia. The removed over 188 days. from the proposed IHA Federal Register application was deemed adequate and In-water activities associated with the notice are identified in this notice. complete on October 11, 2019. The project include impact driving, Therefore, a detailed description is not CTJV’s request is for take of small vibratory driving and drilling with provided here. Please refer to the numbers of harbor seal (Phoca vitulina), down-the-hole (DTH) hammers. Some proposed IHA Federal Register notice gray seal (Halichoerus grypus), piles will be removed via vibratory for a detailed description of the activity. TABLE 1—PILE DRIVING ACTIVITIES ASSOCIATED WITH THE PTST PROJECT
Number Bubble Number of days Number of days per Pile location Pile function Pile type Installation/removal curtain of piles per activity Anticipated installation method (yes/no) below activity (per hammer type) full date MHW (total) production
Portal Island No. 1 ...... Mooring dolphins ...... 12-inch Timber piles .... Vibratory (Install) ...... No 120 18 18 Days (7 Piles/Day) .. 1 May 2020 through 20 Impact (if needed) ...... No ...... 14 Days (9 Piles/Day). June 2020. Portal Island No. 1 ...... Temporary Dock ...... 42-inch Diameter Steel DTH (install) ...... No 58 20 20 Days (3 Piles/day) .. 7 Feb 2019 through 7 Pipe Casing *. Vibratory (removal) ...... No ...... 10 Days (6 Piles/day). June 2020. 36-inch Diameter Steel Impact ...... Yes ...... 20 20 Days (3 Piles/day). Pipe Pile. Portal Island No. 1 ...... Omega Trestle ...... 36-inch Diameter Steel DTH (Install) ...... No 18 9 9 Days (2 Piles/Day) .... 7 Feb 2020 through 28 Pipe Piles. Impact ...... Yes ...... 6 Days (3 Piles/Day). April 2020. Portal Island No. 1 ...... Berm Support of Exca- 36-inch Diameter Steel DTH (install) ...... No 133 27 27 Days (5 Piles/Day ... 7 Feb 2020 through 1 vation Wall—West Interlocked Pipe Piles. Impact ...... Yes ...... 13 Days (10 Piles/Day). June 2020. Side. Portal Island No. 1 ...... Berm Support of Exca- 36-inch Diameter Steel DTH (Install) ...... No 121 25 25 Days (5 Piles/Day) .. 7 Feb 2020 through 1 vation Wall—East Interlocked Pipe Piles. Impact ...... Yes ...... 12 Days (10 Piles/Day). September 2020. Side. Portal Island No. 1 ...... Mooring Piles and 36-inch Diameter Steel Vibratory (Install & Re- No 12 3 3 Days (5 Piles/Day) .... 7 Feb 2020 through 31 Templates. Pipe Piles. moval). October 2020. Portal Island No. 2 ...... Mooring Dolphins ...... 12-inch Timber Piles .... Vibratory (Install) ...... No 60 9 9 Days (7 Piles/Day) .... 20 June 2020 through Impact (if needed) ...... No ...... 7 Days (9 Piles/Day). 1 August 2020. Portal Island No. 2 ...... Omega Trestle ...... 36-inch Diameter Steel DTH (Install) ...... No 28 14 14 Days (2 Piles/Day) .. 1 June 2020 through Pipe Piles. Impact ...... Yes ...... 12 Days (3 Piles/Day). 30 September 2020. Portal Island No. 2 ...... Berm Support of Exca- 36-inch Diameter Steel DTH (Install) ...... No 124 25 25 Days ( 5 Piles/Day) 1 July 2020 through 6 vation Wall—West Interlocked Pipe Piles. Impact ...... Yes ...... 13 Days (10 Piles/Day). Feb 2021. Side.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16063
TABLE 1—PILE DRIVING ACTIVITIES ASSOCIATED WITH THE PTST PROJECT—Continued
Number Bubble Number of days Number of days per Pile location Pile function Pile type Installation/removal curtain of piles per activity Anticipated installation method (yes/no) below activity (per hammer type) full date MHW (total) production
Portal Island No. 2 ...... Berm Support of Exca- 36-inch Diameter Steel DTH (Install) ...... No 122 25 25 Days (5 Piles/Day) .. 10 September 2020 vation Wall—East Interlocked Pipe Piles. Impact ...... Yes ...... 13 Days (10 Piles/Day). through 6 Feb 2021. Side. Portal Island No. 2 ...... Mooring Piles and 36-inch Diameter Steel Vibratory (Install & Re- No 16 3 3 Days (6 Piles/Day) .... 1 March 2020 through Templates. Pipe Piles. moval). 31 October 2020.
Total ...... 812 Piles 198 Days
Mitigation, monitoring, and reporting total piles driven and removed over 198 source level reduction factor to use to measures are described in detail later in days of driving operations as shown in minimize near-field (<100 m) and far- this document (please see Mitigation Table 1 in this notice. field (>100 m) effects on marine and Monitoring and Reporting sections). Comment 3: The Commission mammals or use the data NMFS has recommended that NMFS refrain from compiled regarding source level Comments and Responses reducing the number of piles to be reductions at 10 m for near-field effects A notice of NMFS’ proposal to issue installed/removed per day by 50 percent and assume no source level reduction an IHA to the CTJV was published in in order to calculate take by Level A for far-field effects for all relevant the Federal Register on November 25, harassment. If NMFS intends to use a incidental take authorizations. 2019 (84 FR 64847). That notice 50-percent reduction in the number of Response: NMFS disagrees with the described, in detail, the CTJV’s planned piles to be installed/removed per day, Commission regarding this issue, and activity, the marine mammal species the Commission recommended that does not adopt the recommendation. that may be affected by the activity, the NMFS implement that reduction The Commission has raised this concern anticipated effects on marine mammals consistently for all pile sizes, types, and before and NMFS refers readers to our and their habitat, proposed amount and installation/removal methods. full response, which may be found in a manner of take, and proposed Response: For purposes of estimated previous notice of issuance of an IHA mitigation, monitoring and reporting take by Level A harassment, NMFS (84 FR 64833, November 25, 2019). measures. During the 30-day public assumed that the number of piles Comment 6: The Commission comment period NMFS received a installed on a given day was 50 percent recommended that NMFS use the comment letter from the Marine of the total planned number. Since the untruncated seasonal densities for Mammal Commission (Commission). marine mammals proposed for bottlenose dolphins from Engelhaupt et The Commission’s recommendations authorization are highly mobile, it is al. (2016), consistent with the previous and our responses are provided here, unlikely that an animal would remain authorization and the July 2019 and the comments have been posted within an established Level A monitoring data, to estimate the online at: https:// harassment zone during the installation/ numbers of Level B harassment takes. www.fisheries.noaa.gov/national/ removal of multiple piles throughout a Response: NMFS has accepted the marine-mammal-protection/incidental- given day. To provide a more realistic Commission’s recommendation and will take-authorizations-construction- estimate of take by Level A harassment, use untruncated data from Engelhaupt activities. NMFS assumed that an animal would et al. (2016) to estimate take of Comment 1: The Commission occur within the injury zone for 50 bottlenose dolphins as shown in Table recommends that NMFS refrain from percent of the driving time, which 9 of this notice of issuance. publishing for public comment equates to 50 percent of the piles proposed incidental harassment planned for installation/removal. NMFS Comment 7: The Commission authorizations which contain errors and acknowledges the necessity of reiterates programmatic inconsistencies in the basic underlying implementing this reduction across all recommendations regarding NMFS’ information and instead return such pile sizes, types, and installation/ potential use of the renewal mechanism applications to action proponents as removal methods and has done so as for one-year IHAs. incomplete. shown in Table 5. Response: NMFS disagrees with the Response: NMFS thanks the Comment 4: In the absence of relevant Commission’s recommendations, as Commission for its recommendation. recovery time data for marine mammals, stated in our previous comment NMFS reviews the notices thoroughly the Commission recommended that responses relating to other actions, prior to publication and, despite certain animat modeling be used to inform the which we incorporate here by reference errors noted by the Commission, appropriate accumulation time to (e.g., 84 FR 52464; October 2, 2019). publishes (in this case and others) determine injury isopleths and estimate Changes From the Proposed IHA to the proposals that are based on the best takes by Level A harassment. The Final IHA scientific evidence available and that Commission also recommended that are sufficient to facilitate public NMFS continue to make this issue a Stock abundance updates to Table 2 comment on our proposed actions under priority to resolve in the near future and (Marine Mammal Species Likely To the MMPA. consider incorporating animat modeling Occur Near the Project Area) were made Comment 2: The Commission into its user spreadsheet. in this notice for North Atlantic right recommended that NMFS resolve Response: NMFS appreciates the whale, fin whale, the coastal southern differences between Table 1 and Table Commission’s interest in this issue, and migratory stock of bottlenose dolphin, 7 in the proposed IHA concerning the considers the issue a priority. harbor porpoise, and humpback whale number of piles driven per day Comment 5: The Commission based on the 2019 draft Stock Response: The CTJV revised the recommends that NMFS consult with Assessment Report published on project schedule and has arrived at 812 acousticians regarding the appropriate November 27, 2019 (84 FR 65353).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16064 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
NMFS indicated in the Federal rms, and 160 dB re 1 mPa2-sec at 10 m. biological removal (PBR), where known. Register notice that the IHA would NMFS has included the updated For taxonomy, we follow Committee on cover in-water activities beginning in information in Table 4 and Table 5 of Taxonomy (2019). PBR is defined by the the fall 2019. However, activities will this notice and updated the Level A and MMPA as the maximum number of not begin until the authorization is B harassment zones and numbers of animals, not including natural issued in winter 2019. NMFS also takes accordingly. NMFS incorrectly mortalities, that may be removed from a indicated in the proposed IHA Federal specified in Table 9 of the proposed IHA marine mammal stock while allowing Register notice that up to 888 piles Federal Register notice the Level B that stock to reach or maintain its would be driven and/or removed. The harassment zone for impact installation optimum sustainable population (as CTJV has since clarified that 812 piles of 36-in piles as 1,555 m rather than described in NMFS’s SARs). While no will be driven and/or removed over 198 1,585 m and for vibratory installation/ mortality is anticipated or authorized days during the effective period of the removal of 12-in timber piles as 1,354 m here, PBR and annual serious injury and issued IHA. The construction schedule rather than 1,359 m. NMFS has made mortality from anthropogenic sources has been revised and now includes in- the appropriate corrections to Table 7 of are included here as gross indicators of water activity over 11 months, with this notice and revised numbers of takes the status of the species and other none in February, instead of 10 months accordingly. threats. NMFS has included in the issued IHA of activity, with none in September or Marine mammal abundance estimates October as indicated in the proposed a requirement that at least two protected species observers (PSOs) will be presented in this document represent IHA Federal Register notice. the total number of individuals that Additionally, there will be no vibratory required to monitor before, during, and after the proposed pile-driving and make up a given stock or the total removal of 12-in timber piles as number estimated within a particular described in the proposed IHA. -removal activities. NMFS has included language study or survey area. NMFS’s stock Temporary 12-in timber piles will either abundance estimates for most species be cut off at the mudline or undergo requiring extrapolation of the numbers of Level A harassment takes in the represent the total estimate of vibratory removal as part of future work individuals within the geographic area, for which a separate IHA may be issued IHA as well Level B harassment takes based on the extents of the zones if known, that comprises that stock. For requested. While vibratory installation some species, this geographic area may of timber piles will occur, there are no that could be monitored. Finally, take numbers for all authorized species have extend beyond U.S. waters. All managed references to vibratory removal of 12-in stocks in this region are assessed in timber piles in this Federal Register been revised and are described in the Estimated Take section and listed in NMFS’s 2018 United States Atlantic and notice of issuance. Table 10. Gulf of Mexico Marine Mammal Stock NMFS indicated in the proposed Assessments (Hayes et al. 2019) and Federal Register notice that the source Description of Marine Mammals in the draft 2019 United States Atlantic and level for impact driving of 12-in piles Area of Specified Activities Gulf of Mexico Marine Mammal Stock originated from the Ballena project Table 2 lists all species with expected Assessments published in the Federal described in Caltrans (2015). However, potential for occurrence near the project Register on November 27, 2019 (84 FR that referenced source level came from area and summarizes information 65353). All values presented in Table 2 only a single pile. The correct source related to the population or stock, are the most recent available at the time levels according to Caltrans (2015) are including regulatory status under the of publication and are available in the 180 dB re 1 mPa peak, 170 dB re 1 mPa MMPA and ESA and potential 2018 SAR and draft 2019 SAR. TABLE 2—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA
ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent abun- PBR Annual min M/SI 3 strategic dance survey) 2 (Y/N) 1
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenidae: North Atlantic right whale 5 ...... Eubalaena glacialis ...... Western North Atlantic (WNA) E, D; Y 428 (0, 418; See SAR) ...... 0.8 5.55 Family Balaenopteridae (rorquals): Humpback whale ...... Megaptera novaeangliae ...... Gulf of Maine ...... -,-; N 1,380 (0; 1,380, see SAR) ..... 22 12.15 Fin whale 5 ...... Balaenoptera physalus ...... WNA ...... E,D; Y 7,418 (0.25; 6,029; See SAR) 12 2.35
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae: Bottlenose dolphin ...... Tursiops truncatus ...... WNA Coastal, Northern Mi- -,-; Y 6,639 (0.41; 4,759; 2011) ...... 48 6.1–13.2 gratory...... WNA Coastal, Southern Mi- -,-; Y 3,751 (0.06; 2,353; 2011) ...... 23 0–14.3 gratory...... Northern North Carolina Estu- -,-; Y 823 (0.06; 782; See SAR) ..... 7.8 0.8–18.2 arine System. Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Gulf of Maine/Bay of Fundy ... -, -; N 95,543 (0.31; 74,034; See 851 217 SAR).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16065
TABLE 2—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA—Continued
ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent abun- PBR min M/SI 3 strategic dance survey) 2 (Y/N) 1
Order Carnivora—Superfamily Pinnipedia
Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... WNA ...... -; N 75,834 (0.1; 66,884, 2012) .... 2,006 350 Gray seal 4 ...... Halichoerus grypus ...... WNA ...... -; N 27,131 (0.19, 23,158, See 1,359 5,410 SAR). 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 The NMFS stock abundance estimate applies to U.S. population only, however the actual stock abundance is approximately 505,000. 5 Species are not expected to be taken or authorized for take.
A detailed description of the of the here; please refer to the Federal Register for this activity. Below we describe how species likely to be affected by the notice (84 FR 64847; November 25, the take is estimated. planned project, including brief 2019) for that information. Generally speaking, we estimate take introductions to the species and by considering: (1) Acoustic thresholds Estimated Take relevant stocks as well as available above which NMFS believes the best information regarding population trends This section provides an estimate of available science indicates marine and threats, and information regarding the number of incidental takes mammals will be behaviorally harassed local occurrence, were provided in the authorized through this IHA, which or incur some degree of permanent Federal Register notice for the proposed informs both NMFS’ consideration of hearing impairment; (2) the area or IHA (84 FR 64847; November 25, 2019) ‘‘small numbers’’ and the negligible volume of water that will be ensonified for additional information. Since that impact determination. above these levels in a day; (3) the time the draft 2019 United States Harassment is the only type of take density or occurrence of marine Atlantic and Gulf of Mexico Marine expected to result from these activities. mammals within these ensonified areas; Mammal Stock Assessments has been Except with respect to certain activities and, (4) and the number of days of released (84 FR 65353; November 27, not pertinent here, section 3(18) of the activities. We note that while these 2019). Updates from the draft SAR have MMPA defines ‘‘harassment’’ as any act basic factors can contribute to a basic been incorporated for the North Atlantic of pursuit, torment, or annoyance, calculation to provide an initial right whale, fin whale, the coastal which (i) has the potential to injure a prediction of takes, additional southern migratory stock of bottlenose marine mammal or marine mammal information that can qualitatively dolphin, harbor porpoise, and stock in the wild (Level A harassment); inform take estimates is also sometimes humpback whale. We are not aware of or (ii) has the potential to disturb a available (e.g., previous monitoring marine mammal or marine mammal any additional changes in the status of results or average group size). Below, we stock in the wild by causing disruption these species and stocks; therefore, describe the factors considered here in of behavioral patterns, including, but detailed descriptions are not provided more detail and present the take not limited to, migration, breathing, here. Please refer to that Federal estimate. nursing, breeding, feeding, or sheltering Register notice for these descriptions. (Level B harassment). Acoustic Thresholds Please also refer to NMFS’ website Authorized takes will primarily be by Using the best available science, (https://www.fisheries.noaa.gov/find- Level B harassment, as use of the NMFS has developed acoustic species) for generalized species acoustic sources (i.e., pile driving, DTH thresholds that identify the received accounts. drilling) has the potential to result in level of underwater sound above which Potential Effects of Specified Activities disruption of behavioral patterns for exposed marine mammals would be on Marine Mammals and Their Habitat individual marine mammals. There is reasonably expected to be behaviorally also some potential for auditory injury harassed (equated to Level B Underwater noise from impact pile (Level A harassment) to result, for harassment) or to incur PTS of some driving, vibratory pile driving, vibratory phocids (harbor seals, gray seals) mid- degree (equated to Level A harassment). pile removal, and drilling with a DTH frequency species (bottlenose dolphins) Level B Harassment for non-explosive hammer associated with the PTST and high-frequency species (harbor sources—Though significantly driven by project have the potential to result in porpoises) due to the size of the received level, the onset of behavioral harassment of marine mammals in the predicted auditory injury zones. The disturbance from anthropogenic noise vicinity of the action area. The Federal planned mitigation and monitoring exposure is also informed to varying Register notice for the proposed IHA (84 measures (see Mitigation and degrees by other factors related to the FR 64847; November 25, 2019) included Monitoring and Reporting sections source (e.g., frequency, predictability, a discussion of the potential effects of below) are expected to minimize the duty cycle), the environment (e.g., such disturbances on marine mammals severity of such taking to the extent bathymetry), and the receiving animals and their habitat, therefore that practicable. As described previously, no (hearing, motivation, experience, information is not repeated in detail mortality is anticipated or authorized demography, behavioral context) and
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16066 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
can be difficult to predict (Southall et seismic airguns) or intermittent (e.g., exposure to noise from two different al., 2007; Ellison et al., 2012). Based on scientific sonar) sources. The CTJV’s types of sources (impulsive or non- what the available science indicates and planned activity includes the use of impulsive). The CTJV’s planned activity the practical need to use a threshold continuous (vibratory pile driving) and includes the use includes the use of based on a factor that is both predictable impulsive (impact pile driving, DTH continuous (vibratory pile driving) and and measurable for most activities, drilling) sources, and therefore the 120 impulsive (impact pile driving, DTH NMFS uses a generalized acoustic and 160 dB re 1 mPa (rms) thresholds are drilling) sources. threshold based on received level to applicable. estimate the onset of behavioral Level A harassment for non-explosive These thresholds are provided in harassment. NMFS predicts that marine sources—NMFS’ Technical Guidance Table 3 below. The references, analysis, mammals are likely to be behaviorally for Assessing the Effects of and methodology used in the harassed in a manner we consider Level Anthropogenic Sound on Marine development of the thresholds are B harassment when exposed to Mammal Hearing (Version 2.0) described in NMFS 2018 Technical underwater anthropogenic noise above (Technical Guidance, 2018) identifies Guidance, which may be accessed at received levels of 120 dB re 1 mPa (rms) dual criteria to assess auditory injury https://www.fisheries.noaa.gov/ for continuous (e.g., vibratory pile- (Level A harassment) to five different national/marine-mammal-protection/ driving) and above 160 dB re 1 mPa marine mammal groups (based on marine-mammal-acoustic-technical- (rms) for non-explosive impulsive (e.g., hearing sensitivity) as a result of guidance.
TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive
Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB;LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
Ensonified Area The general formula for underwater TL occurs in an environment in which is: sound propagation is bounded by the Here, we describe operational and water surface and sea bottom, resulting environmental parameters of the activity TL = B * Log 10 (R 1/R 2), in a reduction of 3 dB in sound level for that will feed into identifying the area Where: each doubling of distance from the ensonified above the acoustic TL = transmission loss in dB source (10*log[range]). A practical thresholds, which include source levels B = transmission loss coefficient; for practical spreading value of 15 is often used and transmission loss coefficient. spreading equals 15 under conditions, such as the PTST The sound field in the project area is R1 = the distance of the modeled SPL from project site where water generally the existing background noise plus the driven pile, and increases with depth as the receiver additional construction noise from the R2 = the distance from the driven pile of the initial measurement moves away from pile driving locations, planned project. Pile driving generates resulting in an expected propagation underwater noise that can potentially This formula neglects loss due to environment that would lie between result in disturbance to marine scattering and absorption, which is spherical and cylindrical spreading loss mammals in the project area. The assumed to be zero here. The degree to conditions. Practical spreading loss is maximum (underwater) area ensonified which underwater sound propagates assumed here. is determined by the topography of the away from a sound source is dependent The intensity of pile driving sounds is Bay including shorelines to the west on a variety of factors, most notably the greatly influenced by factors such as the south and north as well as by hard water bathymetry and presence or type of piles, hammers, and the physical structures such as portal islands. absence of reflective or absorptive environment in which the activity takes Transmission loss (TL) is the decrease conditions including in-water structures place. In order to calculate distances to in acoustic intensity as an acoustic and sediments. Spherical spreading the Level A harassment and Level B pressure wave propagates out from a occurs in a perfectly unobstructed (free- harassment thresholds for the 36-inch source. TL parameters vary with field) environment not limited by depth steel piles planned in this project, the frequency, temperature, sea conditions, or water surface, resulting in a 6 dB CTJV used acoustic monitoring data current, source and receiver depth, reduction in sound level for each from other locations as described in water depth, water chemistry, and doubling of distance from the source Caltrans 2015 for impact and vibratory bottom composition and topography. (20*log[range]). Cylindrical spreading driving. The CTJV also conducted their
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16067
own sound source verification testing Alaska (Denes et al. 2016). The report by the Greenbusch Group (2018) on 42-inch steel casings as described dominant signal characteristic was also and determined that the findings were below to determine source levels found to be impulsive rather than derived by pooling together all steel pile associated with DTH drilling. NMFS continuous. Southall et al. (2007) and timber pile at various distance used vibratory driving of 36-in steel pile suggested that impulsive sounds can be measurements data together. The data source levels for vibratory driving of 42- distinguished from non-impulsive was not normalized to the standard 10 inch casings source levels. The CTJV sounds by comparing the SPL of a 0.035 m distance. NMFS analyzed source plans to employ bubble curtains during s window that includes the pulse and measurements at different distances for impact driving of 36-inch steel piles with a 1 s window that may include all 63 individual timber piles that were and, therefore, reduced the source level multiple pulses. If the SPL of the 0.035 removed and normalized the values to by 7 dB (a conservative estimate based s window is 3 dB greater than the 1 s 10 m. The results showed that the on several studies including Austin et window, then the signal should be al. 2016). considered impulsive. Denes (2019) median is 152 dB SPLrms. This value Source levels for drilling with a DTH observed that at the PTST site, the SPL was used as the source level for hammer were field verified at the PTST of the 0.035 s pulse is 5 dB higher than vibratory installation of 12-inch timber project site by JASCO Applied Sciences the SPL of the 1 s sample, so the DTH piles. Source levels for impact driving of in July 2019 (Denes, 2019). Underwater source is classified here as impulsive. 12-in timber piles were from the Ballena sound levels were measured during Source levels associated with DTH Bay Marina project in Alameda, CA as drilling with a DTH hammer at five pile drilling of 42-inch steel casings were described in Caltrans 2015 but have locations—three without bubble curtain assumed to be the same as recorded for been revised in this document. The attenuation and two with bubble curtain installation of 36-in steel pipe by DTH. lower values contained in the proposed attenuation. The average SPL value at 10 The CTJV utilized in-water IHA notice were from a single pile at the m for the DTH location without a bubble measurements generated by the Ballena Bay Marina and did not reflect curtain was 180 dB re 1mPa, while the Greenbusch Group (2018) from the the measurements from all of the piles average SEL and PK levels were 164 dB WSDOT Seattle Pier 62 project (83 FR that were tested. Sound source levels re 1mPa2·s and 190 dB re 1mPa, 39709) to establish proxy sound source used to calculate take are shown in respectively. These values were greater levels for vibratory installation of 12- Table 4. than DTH testing done at a location in inch timber piles. NMFS reviewed the
TABLE 4—THE SOUND SOURCE LEVELS (dB PEAK, dB RMS, AND dB SSEL) BY HAMMER TYPE
Estimated Estimated Estimated single Relevant piles peak noise pressure strike sound at the Type of pile Hammer type level level exposure PTST Pile function (dB peak) (dB RMS) level project (dB sSEL)
36-inch Steel Pipe ...... Impact a ...... 210 193 183 Plumb...... Omega Trestle, Temporary Dock, Berm Wall West, and Berm Wall East. Impact with Bubble 203 186 176 Plumb ...... Berm Wall West, Berm Wall Curtain b. East, and Temporary Dock. DTH—Impulsive d ...... 190 180 164 Plumb ...... Omega Trestle, Berm Wall West, and Berm Wall East. Vibratory a ...... NA 170 170 Pipe Piles ...... Mooring Piles and Templates. 12-inch Timber Pile .... Vibratory c ...... NA 152 152 Plumb...... Mooring Dolphins. Impact a ...... 180 170 160 Plumb...... Mooring Dolphins. 42-inch Steel Casing .. DTH—Impulsive d ...... 190 180 164 Steel Casing ... Temporary Dock. Vibratory a ...... NA 170 170 Pipe Piles ...... Temporary Dock. Note: sSEL = Single Strike Exposure Level; dB = decibel; N/A = not applicable. a Caltrans 2015. b 7 dB reduction was assumed for use an encased bubble curtain (Austin et al. 2016). c Greenbusch Group 2018. d Denes et al. 2019.
The CTJV used NMFS’ Optional User the new thresholds, we developed a isopleths when more sophisticated 3D Spreadsheet, available at https:// User Spreadsheet that includes tools to modeling methods are not available, and www.fisheries.noaa.gov/national/ help predict a simple isopleth that can NMFS continues to develop ways to marine-mammal-protection/marine- be used in conjunction with marine quantitatively refine these tools, and mammal-acoustic-technical-guidance, mammal density or occurrence to help will qualitatively address the output to input project-specific parameters and predict takes. We note that because of where appropriate. For stationary source calculate the isopleths for the Level A some of the assumptions included in the pile driving, the NMFS User harassment zones for impact and methods used for these tools, we Spreadsheet predicts the distance at vibratory pile driving. When the NMFS anticipate that isopleths produced are which, if a marine mammal remained at Technical Guidance (2016) was typically going to be overestimates of that distance the whole duration of the activity, it would incur PTS. published, in recognition of the fact that some degree, which may result in some Table 5 provides the sound source ensonified area/volume could be more degree of overestimate of Level A values and input employed in the User technically challenging to predict harassment take. However, these tools Spreadsheet to calculate harassment because of the duration component in offer the best way to predict appropriate isopleths for each source type while
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16068 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Table 6 shows distances to Level A actively installed throughout an entire planned piles per day was an odd harassment isopleths. Note that the day. The marine mammals authorized number, NMFS used the next largest isopleths calculated using the planned for take are highly mobile. It is unlikely whole number that was greater than 50 number of piles driven per day is that an animal would remain within the percent. These are shown in Table 5 in conservative. PTS is based on PTS zone during the installation of, for the row with the heading Number of accumulated exposure over time. example, 10 piles over an 8-hour period. piles/day. Table 6 contains calculated Therefore, an individual animal would NMFS opted to reduce the number of distances to PTS isopleths and Table 7 have to be within the calculated PTS piles driven per day by 50 percent in depicts distances to Level B harassment zones when all of the piles of a single order to derive more realistic PTS isopleths. type and driving method are being isopleths. In cases where the number of
TABLE 5—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING HARASSMENT ISOPLETHS
12-in timber 36-in and 42-in steel Model parameter Impact—with DTH— Vibratory Impact Vibratory Impact bubble DTH simultaneous
Spreadsheet Tab...... A.1 E.1 A.1 E.1 E.1 E.1 E.1 Weighting Factor (kHz) ...... 2.5 2 2.5 2.0 2.0 2.0 2.0 RMS (dB)...... 152 170 170 193 186 180 180 Peak/SEL (dB) ...... na 180/160 na 210/183 203/176 190/164 190/164 Number of piles/day * ...... 4 5 3 5 5 3 3 Duration to drive a pile (minutes) .... 30 na 12.0 na na na na Propagation ...... 15 15 15 15 15 15 15 Distance from source (meters) ...... 10 10 10 10 10 10 10 Strikes per pile ...... na 1000 na 1,000 1000 25,200 50,400 * Represents 50% of piles planned per day.
TABLE 6—RADIAL DISTANCE TO PTS ISOPLETHS (METERS)
Hammer type Low-frequency Mid-frequency High-frequency Phocid pinnipeds cetaceans cetaceans cetaceans Pile location in the PTST project Pile type Island 1 Island 2 Island 1 Island 2 Island 1 Island 2 Island 1 Island 2
Impact ...... 12-in. Timber 86 86 3 3 102 102 46 46 Mooring Dolphins. Impact with Bubble 36-in. Steel ... 2,920 2,920 104 104 3,478 3,478 1,563 1,563 Omega Trestle, Temporary Dock, Curtain. Berm Wall West, and Berm Wall East. Impact with Bubble 36-in. Steel ... 997 997 36 36 1,188 1,188 534 534 Berm Wall West, Berm Wall East, Curtain. and Temporary Dock. DTH—Impulsive ...... 36 and 42-in. 966 966 34 34 1,151 1,151 517 517 Casing for Temporary Dock. Steel. DTH Simultaneous ...... 1,534 1,534 55 55 1,827 1,827 821 821 Omega Trestle, Temporary Dock, Berm Wall West, and Berm Wall East. DTH & Impact Ham- 36-and 42-in. 1,963 1,963 70 70 2,399 2,399 1,051 1,051 Omega Trestle, Temporary Dock, mer (Bubble Curtain) Steel. Berm Wall West, Simultaneous. and Berm Wall East. 12-in. Timber 3 3 0.2 0.2 4 4 2 2 Mooring Dolphins. Continuous (Vibratory) 36-in. Steel ... 19 19 2 2 29 29 12 12 Mooring Piles and Templates. 42-in. Steel ... 19 ...... 2 ...... 29 ...... 12 ...... Casing for Temporary Dock.
TABLE 7—RADIAL DISTANCE (METERS) TO LEVEL B HARASSMENT MONITORING ISOPLETHS
Distance from Driving method Pile type Island 1 & 2 Pile location
Impact ...... 12-in. Timber ..... 22 Mooring Dolphins. 36-in. Steel ...... 1,585 Omega Trestle, Temporary Dock, Berm Wall West, and Berm Wall East. Impact with Bubble Curtain ...... 36-in. Steel ...... 541 Berm Wall West, Berm Wall East, and Temporary Dock. DTH—Impulsive ...... 42-in. Steel ...... * 215 Casing for Temporary Dock. 36-in. Steel ...... 215 Omega Trestle, Temporary Dock, Berm Wall West, and Berm Wall East. Continuous (Vibratory) ...... 12-in. mooring .... 1,359 Mooring Dolphins. 36-in. Steel ...... 21,544 Mooring Piles and Templates. 42-in. Steel ...... * 21,544 Casing for Temporary Dock. * Activity will not occur on Portal Island 2.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16069
Marine Mammal Occurrence and Take a single humpback sighting every two not assume equal survey effort within Calculation and Estimation months for the duration of in-water pile the harassment zones, since the majority driving activities. Only 10 months of in- In this section we provide the of the identified harassment zones had water construction were anticipated information about the presence, density, no survey effort. In response, NMFS when the proposed IHA was published, or group dynamics of marine mammals indicated that it would use Engelhaupt resulting in the proposed take of 10 and describe how it is brought together et al. (2016) data to expand the animals. A revised construction with the information above to produce truncated area using from 12 km to 19 schedule has been developed by the a quantitative take estimate. When km. The Commission felt that this was CTJV and includes 11 months of available, peer-reviewed scientific also inappropriate as monitoring data planned in-water pile driving activity. publications were used to estimate from the CTJV’s site indicated that the Using an average group size of two marine mammal abundance in the densities provided by Engelhaupt et al. animals, pile driving activities over an (2016) were closer to what was actually project area. In some cases population 11-month period would result in 12 estimates, densities, and other observed at the project area compared to takes (rounding up) of humpback whale the truncated Engelhaupt et al. (2016) quantitative information are lacking. by Level B harassment. No takes by Local observational data and estimated data. The CTJV’s sightings data from Level A harassment are expected or July 2019 recorded an average density of group size were utilized where authorized. applicable. animals sighted of 4.37 dolphins/km2. Bottlenose Dolphin That density is actually greater than the Humpback Whale original, untruncated Engelhaupt et al. Expected bottlenose dolphin take was 2 Humpback whales are relatively rare estimated using a 2016 report on the (2016) density of 3.88 dolphins/km for in the Chesapeake Bay and density data summer. The observed 4.37 dolphins/ occurrence, distribution, and density of 2 for this species within the project marine mammals near Naval Station km is much greater than the truncated 2 vicinity were not available nor able to Norfolk and Virginia Beach, Virginia estimate of 0.62 dolphins/km utilized be calculated. Populations in the mid- (Engelhaupt et al. 2016). Three years of in the notice of proposed IHA which Atlantic have been estimated for dolphin survey data were collected from was initially used to estimate take humpback whales off the coast of New either in-shore or open ocean transects. numbers. Given this information, it is Jersey with a density of 0.000130 per In the proposed IHA, a subset of survey likely that the number of takes square kilometer (Whitt et al. 2015). data from Engelhaupt et al. (2016) was estimated in the proposed IHA is far less Habitat-based density models produced used to determine seasonal dolphin than what is expected to be observed. by the Duke University Marine densities in the Bay near the project Therefore, NMFS opted to use the Geospatial Ecology Laboratory (Roberts area. A spatially refined approach was original seasonal density values et al. 2016) represent the best available employed by plotting dolphin sightings documented by Engelhaupt et al. (2016). information regarding marine mammal within 12 km of the project location and These values were broken out by month densities offshore near the mouth of the then determining densities following as shown Table 9. The Level B Chesapeake Bay. At the closest point to methodology outlined in Engelhaupt et harassment area for each pile and the PTST project area, humpback al. (2016) and Miller et al. (2019) using driving type as shown in Table 8 was densities ranged from a high of 0.107/ the package DISTANCE in R statistical multiplied by the appropriate seasonal 100 km2 in March to 0.00010/100 km2 software. The Commission believes that density and the anticipated number of in August. Furthermore, the CTJV use of this truncated data was days of a specific activity per month conducted marine mammal monitoring inappropriate since Engelhaupt et al. number to derive a total number of takes during SSV testing for 5 days in July (2016) did not survey all of the area near for each construction project component 2019. During that time there were no the project site, but only surveyed as shown in Table 9 (i.e. mooring sightings or takes of humpback whales. within approximately 4 km of the coast. cluster, temporary dock, omega trestle/ Because humpback whale occurrence The Commission determined that this west O-pile walls/mooring piles & is low as demonstrated above, the CTJV approach was flawed as it was not based templates, and omega trestle/east O-pile and NMFS estimated that there will be on distance sampling methods and did walls).
TABLE 8—IN-WATER AREA (km2) USED FOR CALCULATING DOLPHIN TAKES PER CONSTRUCTION COMPONENTS PER HAMMER TYPE
Impact Vibratory Impact + DTH DTH + DTH Construction component Pile type hammer hammer hammers hammers
Mooring Cluster ...... 12-in Timber ...... 0.003 4.16 NA NA Temporary Dock ...... 36-in and 42-in Steel .... * 0.63 830 1.72 0.25 Omega Trestle and West O-pile wall ...... 36-in and 42-in Steel ...... 830 1.72 0.49 East O-pile Wall ...... 36-in and 42-in Steel ...... NA 1.43 0.31 * Impact Hammer with Bubble Curtain.
TABLE 9—ESTIMATED TAKES OF BOTTLENOSE DOLPHIN BY LEVEL B HARASSMENT BY MONTH AND DRIVING ACTIVITY
Month March April May June July August September October November December January February
Dolphin Density (n/km2) 1 1 1 3.55 3.55 3.55 3.88 3.88 3.88 0.63 0.63 0.63 ......
Days/Month based on Pile Driving Activity
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16070 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
TABLE 9—ESTIMATED TAKES OF BOTTLENOSE DOLPHIN BY LEVEL B HARASSMENT BY MONTH AND DRIVING ACTIVITY— Continued
Month March April May June July August September October November December January February
Mooring Cluster
Vibratory—Timber Piles 0 0 1 1 0 0 0 0 0 0 0 0 ...... Impact—Timber Piles .... 0 0 2 7 6 5 5 0 0 0 0 0 Dolphin Takes...... 0.0 0.0 4.2 14.8 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 19
Temporary Dock
DTH+ Impact—Steel Pile ...... 4 11 11 4 0 0 0 0 0 0 0 0 ...... Vibratory—Steel Pile ..... 2 3 3 2 0 0 0 0 0 0 0 0 Two DTH—Steel Pile .... 0 0 0 0 0 0 0 0 0 0 0 0 Dolphin Takes ...... 1,667 2,509 2,509 5,917 0 0 0 0 0 0 0 0 12,602
Omega Trestle/West O-pile Walls/Mooring Piles & Templates
Vibratory—Steel Pile ..... 0 0 0 1 1 0 2 1 0 0 0 0 ...... Two DTH—Steel Pile .... 1 2 2 2 2 2 2 5 0 0 0 0 DTH+ Impact—Steel Pile ...... 4 2 5 5 5 8 5 5 5 5 2 0 Dolphin Takes ...... 7 4 10 2,981 2,981 52.4 6,478.0 3,263.3 33.4 5.4 2.2 0.0 15,817
Omega Trestle/East O-Pile Walls
DTH+ Impact—Steel Pile ...... 0 2 2 7 8 8 8 5 5 5 2 0 ...... Two DTH—Steel Pile .... 0 0 0 0 2 0 1 1 1 0 0 0 Dolphin Takes...... 0 3 3 36 43 41 46 29 29 5 2 0 235 Total No. of Pile Driving Days per Month ...... 11 20 26 29 24 23 23 17 11 10 4 0
Total Takes ...... 28,674
The number of calculated takes for shown in Table 10. NMFS had not IHA resulting in five authorized takes of each of the four project components proposed take by Level A harassment in porpoises by Level A harassment and identified in Table 9 resulted in a total the notice of proposed IHA. However, seven takes by Level B harassment. of 28,674 authorized takes. The the Level A harassment isopleth for When the CTJV conducted marine authorized takes were split out among impact driving of 36-in steel piles mammal monitoring during SSV testing the three dolphin stocks as shown in exceeds the 100-m shutdown zone and at the project location for 5 days in July Table 10. There is insufficient the number of authorized takes has 2019, there were no sightings of information to apportion the takes increased. porpoises. precisely to the three stocks present in Harbor Porpoise Harbor Seal the area. Given that most of the NNCES stock are found in the Pamlico Sound Given that harbor porpoises are The number of harbor seals expected estuarine system, NMFS will assume uncommon in the project area, this to be present in the PTST project area that no more than 200 of the authorized exposure analysis assumes that there is was estimated using survey data for in- takes will be from this stock. Since a porpoise sighting once during every water and hauled out seals collected by members of the northern migratory two months of operations which would the United States Navy at the portal coastal and southern migratory coastal equate to six sightings (rounding up) islands from November 2014 through stocks are thought to occur in or near over 11 months. Assuming an average April 2018 (Rees et al., 2016; Jones et al. the Bay in greater numbers, we will group size of two (Hansen et al. 2018; 2018). The survey data revealed a daily conservatively assume that no more Elliser et al. 2018) over 11 months of in- maximum of 45 animals during this than half of the remaining animals will water work results in a total of 12 period which occurred in January, 2018. accrue to either of these stocks. estimated takes of porpoises. (In the The maximum number of animals Additionally, a subset of these takes proposed IHA, NMFS had assumed 10 observed per day (45) was multiplied by would likely be comprised of months of driving resulting in 10 total the total number of planned driving Chesapeake Bay resident dolphins, takes.) Harbor porpoises are members of days between November and May (72) although size of that population is the high-frequency hearing group which since seals are not present in the area unknown. have Level A harassment isopleths as from June through October. In the Since the largest Level A harassment large as 3,478 m during impact proposed IHA, NMFS had assumed 173 isopleth is 104 m and there is a installation of 10 36-in steel piles per days of driving during this same period. shutdown zone of 100 m, NMFS will day. Given the relatively large Level A Based on this revised calculation NMFS assume that 1 percent of each harassment zones during impact has authorized 3,240 incidental takes of designated stock will occur between 100 driving, NMFS assumed in the previous harbor seal for this IHA. Note that the and 104 meters or will appear in the IHA (83 FR 36522; July 30, 2018) that CTJV monitoring report did not record PTS zone without first being observed 40 percent of estimated porpoises takes any seal observations over 5 days of SSV by PSOs resulting in the number of would be by Level A harassment. NMFS testing, but this would be expected as dolphin takes by Level A harassment assumed the same ratio for the issued seals are not present during July.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16071
The largest Level A harassment given scenario and the remaining seals would occur only during the 21 isopleth for phocid species is affected seals would result in Level B planned work days for February at a rate approximately 1,563 meters which harassment takes. Therefore, NMFS has of one animal per day. Due to revisions would occur during impact driving of authorized 1,296 takes by Level A to the construction schedule, no in- 36-inch steel piles. The smallest Level A harassment and 2,124 takes by Level B water pile driving is scheduled to occur harassment isopleths are 2 m and would harassment. in February under the effective period occur during impact and vibratory for this IHA. However, there could be Gray Seal driving of 12-inch timber piles. NMFS delays to the construction schedule has prescribed a shutdown zone for The number of gray seals expected to resulting in the need for in-water work harbor seals of 15 meters as a mitigation be present at the PTST project area was in February 2021. To reduce the measure since seals are common in the estimated using survey data collected by possibility that non-authorized take of project area and are known to approach the U.S. Navy at the portal islands from gray seal could result in work stoppage, the shoreline. A larger shutdown zone 2014 through 2018 (Rees et al. 2016; NMFS has conservatively authorized would likely result in multiple Jones et al. 2018). One seal was take of four gray seals, one by Level A shutdowns and impede the project observed in February of 2015 and one harassment and three by Level B schedule. From the previously issued seal was recorded in February of 2016 harassment. IHA, NMFS assumed that 40 percent of while no seals were observed at any Table 10 shows authorized take the exposed seals will occur within the time during 2017 or 2018. As part of the numbers for Level A and Level B Level A harassment zone specified for a proposed IHA, NMFS anticipated gray harassment.
TABLE 10—AUTHORIZED TAKE BY LEVEL A AND LEVEL B HARASSMENT
Percentage of Species Stock Level A takes Level B takes stock
Humpback whale ...... Gulf of Maine ...... 12 0.8 Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 5 7 <0.01 Bottlenose dolphin ...... WNA Coastal, Northern Migratory ...... 142 14,095 * <33 WNA Coastal, Southern Migratory ...... 142 14,095 * <33 NNCES ...... 2 198 24 Harbor seal ...... Western North Atlantic ...... 1,296 2,124 4.5 Gray seal ...... Western North Atlantic ...... 1 3 <0.01 * Assumes multiple repeated takes of same individuals from small portion of each stock as well as repeated takes of Chesapeake Bay resident population (size unknown).
Mitigation implementation of the measure(s) is mammal monitoring protocol, and expected to reduce impacts to marine operational procedures; In order to issue an IHA under mammals, marine mammal species or • For in-water heavy machinery work Section 101(a)(5)(D) of the MMPA, stocks, and their habitat. This considers other than pile driving (e.g., standard NMFS must set forth the permissible the nature of the potential adverse barges, etc.), if a marine mammal comes methods of taking pursuant to such impact being mitigated (likelihood, within 10 m, operations shall cease and activity, and other means of effecting scope, range). It further considers the vessels shall reduce speed to the the least practicable impact on such likelihood that the measure will be minimum level required to maintain species or stock and its habitat, paying effective if implemented (probability of steerage and safe working conditions. particular attention to rookeries, mating accomplishing the mitigating result if This type of work could include the grounds, and areas of similar implemented as planned), the following activities: (1) Movement of the significance, and on the availability of likelihood of effective implementation barge to the pile location; or (2) such species or stock for taking for (probability implemented as planned), positioning of the pile on the substrate certain subsistence uses (latter not and; via a crane (i.e., stabbing the pile); applicable for this action). NMFS (2) The practicability of the measures • Work may only occur during regulations require applicants for for applicant implementation, which daylight hours, when visual monitoring incidental take authorizations to include may consider such things as cost, of marine mammals can be conducted; information about the availability and impact on operations, and, in the case • For those marine mammals for feasibility (economic and technological) of a military readiness activity, which Level B harassment take has not of equipment, methods, and manner of personnel safety, practicality of been requested, in-water pile driving conducting such activity or other means implementation, and impact on the will shut down immediately if such of effecting the least practicable adverse effectiveness of the military readiness species are observed within or entering impact upon the affected species or activity. the monitoring zone (i.e., Level B stocks and their habitat (50 CFR In addition to the measures described harassment zone); and 216.104(a)(11)). later in this section, the CTJV will • If take reaches the authorized limit In evaluating how mitigation may or employ the following standard for an authorized species, pile may not be appropriate to ensure the mitigation measures: installation will be stopped as these least practicable adverse impact on • Conduct briefings between species approach the Level B species or stocks and their habitat, as construction supervisors and crews and harassment zone to avoid additional well as subsistence uses where the marine mammal monitoring team take. applicable, we carefully consider two prior to the start of all pile driving The following measures will apply to primary factors: activity, and when new personnel join the CTJV’s mitigation requirements: (1) The manner in which, and the the work, to explain responsibilities, Establishment of Shutdown Zone— degree to which, the successful communication procedures, marine For all pile driving and drilling
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16072 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
activities, the CTJV will establish a low-frequency cetaceans and are utility for observing by establishing shutdown zone. The purpose of a dependent on activity type. monitoring protocols for areas adjacent shutdown zone is generally to define an Establishment of Monitoring Zones for to the shutdown zones. The monitoring area within which shutdown of activity Level A and Level B Harassment—The zones enable observers to be aware of will occur upon sighting of a marine CTJV will establish monitoring zones and communicate the presence of mammal (or in anticipation of an animal based on calculated Level A harassment marine mammals in the project area entering the defined area). These isopleths associated with specific pile outside the shutdown zone and thus shutdown zones will be used to reduce driving activities and scenarios. These prepare for a potential cease of activity incidental Level A harassment from are areas beyond the established should the animal enter the shutdown impact pile driving for bottlenose shutdown zone in which animals could zone. The Level A and Level B dolphins and harbor porpoises. be exposed to sound levels that could harassment monitoring zones are Shutdown zones for species authorized result in Level A harassment in the form described in Table 11. Since some of the for take are as follows: of PTS. The CTJV will also establish and Level A and Level B harassment • 100 meters for harbor porpoise and monitor Level B harassment zones monitoring zones cannot be effectively bottlenose dolphin. which are areas where SPLs are equal to observed in their entirety, exposures • 15 meters for harbor seal and gray or exceed the 160 dB rms threshold for will be recorded and extrapolated based seal. impact driving and DTH drilling and upon the number of observed take and • For humpback whale, shutdown 120 dB rms threshold during vibratory the percentage of the Level A and Level distances are shown in Table 14 under driving. Monitoring zones provide B harassment zone that was not visible.
TABLE 11—LEVEL A AND LEVEL B HARASSMENT MONITORING ZONES DURING PROJECT ACTIVITIES (METERS)
Scenario Level A harassment zones Level B monitoring Low-frequency Mid-frequency High-frequency Phocid zones cetaceans cetaceans cetaceans pinnipeds Driving type Pile type Island 1 Island 1 Island 1 Island 1 Island 1 & 2 & 2 & 2 & 2 & 2
Impact ...... 12-in. Timber .... 90 — 105 — 25. 36-in. Steel ...... 2,920 105 3,480 1,565 1,585. Impact with Bubble Curtain ...... 36-in. Steel ...... 1,000 — 1,190 535 545. DTH—Impulsive ...... 42-in. Steel ...... 970 — 1,155 520 215. DTH Simultaneous at same is- 42-in. Steel ...... 1,535 — 1,830 825 215. land. DTH & Impact Hammer with bub- 36-and 42-in. 1,970 — 2,400 1,055 545. ble curtain: Simultaneous at Steel. the same island. DTH at PI 1. And Impact with 36-and 42-in. 970 — 1,155 520 215 from PI 1. Bubble Curtain Hammer at PI Steel. 545 from PI 2. 2. Continuous (Vibratory) ...... 12-in. Timber .... — — — — 1,360. 36-in. Steel ...... 20 — — — 21,545. 42-in.** Steel .... 20 — — — 21,545. — indicates that shutdown zone is larger than calculated harassment zone. ** Activity only planned at Portal Island 1 as part of project pile driving plan.
Soft Start—The use of soft-start implemented by the CTJV during impact • The bubble curtain shall be procedures are believed to provide driving of 36-in steel piles except in operated such that there is proper additional protection to marine water less than 10 ft in depth. The use (equal) balancing of air flow to all mammals by providing warning and/or of this sound attenuation device will bubblers. giving marine mammals a chance to reduce SPLs and the size of the zones • The applicant shall require that leave the area prior to the hammer of influence for Level A harassment and construction contractors train personnel operating at full capacity. For impact Level B harassment. Bubble curtains in the proper balancing of air flow to the pile driving, contractors will be required will meet the following requirements: bubblers and corrections to the to provide an initial set of strikes from • The bubble curtain must distribute attenuation device to meet the the hammer at reduced energy, with performance standards. This shall occur air bubbles around 100 percent of the each strike followed by a 30-second prior to the initiation of pile driving piling perimeter for the full depth of the waiting period. This procedure will be activities. water column. conducted a total of three times before Pre-Activity Monitoring—Prior to the • impact pile driving begins. Soft start The lowest bubble ring shall be in start of daily in-water construction will be implemented at the start of each contact with the mudline and/or rock activity, or whenever a break in pile day’s impact pile driving and at any bottom for the full circumference of the driving of 30 minutes or longer occurs, time following cessation of impact pile ring, and the weights attached to the PSOs will observe the shutdown and driving for a period of 30 minutes or bottom ring shall ensure 100 percent monitoring zones for a period of 30 longer. Soft start is not required during mudline and/or rock bottom contact. No minutes. The shutdown zone will be vibratory or DTH pile driving activities. parts of the ring or other objects shall cleared when a marine mammal has not Use of Bubble Curtains—Use of air prevent full mudline and/or rock bottom been observed within the zone for that bubble curtain system will be contact. 30-minute period. If a marine mammal
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16073
is observed within the shutdown zone, environment (e.g., source during, and after the pile-driving and a soft-start cannot proceed until the characterization, propagation, ambient -removal activities. At least one PSO animal has left the zone or has not been noise); (2) affected species (e.g., life must be located in close proximity to observed for 15 minutes. If the Level B history, dive patterns); (3) co-occurrence each pile driving rig during active harassment zone has been observed for of marine mammal species with the operation of single or multiple, 30 minutes and non-permitted species action; or (4) biological or behavioral concurrent driving devices. At least one are not present within the zone, soft context of exposure (e.g., age, calving or additional PSO is required at each start procedures can commence and feeding areas). active driving rig or other location work can continue even if visibility • Individual marine mammal providing best possible view if the Level becomes impaired within the Level B responses (behavioral or physiological) B harassment zone and shutdown zones harassment monitoring zone. When a to acoustic stressors (acute, chronic, or cannot reasonably be observed by one marine mammal permitted for take by cumulative), other stressors, or PSO. Level B harassment is present in the cumulative impacts from multiple PSOs will scan the waters using Level B harassment zone, activities may stressors. binoculars, and/or spotting scopes, and begin and Level B harassment take will • How anticipated responses to will use a handheld GPS or range-finder be recorded. If work ceases for more stressors impact either: (1) Long-term device to verify the distance to each than 30 minutes, the pre-activity fitness and survival of individual sighting from the project site. All PSOs monitoring of both the Level B marine mammals; or (2) populations, will be trained in marine mammal harassment and shutdown zone will species, or stocks. identification and behaviors and are • commence again. Additionally, in-water Effects on marine mammal habitat required to have no other project-related construction activity must be delayed or (e.g., marine mammal prey species, tasks while conducting monitoring. In cease, if poor environmental conditions acoustic habitat, or other important addition, monitoring will be conducted restrict full visibility of the shut-down physical components of marine by qualified observers, who will be zone(s) until the entire shut-down mammal habitat). • placed at the best vantage point(s) zone(s) is visible. Mitigation and monitoring practicable to monitor for marine Based on our evaluation of the effectiveness. mammals and implement shutdown/ applicant’s planned measures, NMFS Marine Mammal Visual Monitoring delay procedures when applicable by has determined that the required Monitoring shall be conducted by calling for the shutdown to the hammer mitigation measures provide the means operator. The CTJV will adhere to the effecting the least practicable impact on NMFS-approved observers. Trained observers shall be placed from the best following PSO qualifications: the affected species or stocks and their (i) Independent observers (i.e., not habitat, paying particular attention to vantage point(s) practicable to monitor for marine mammals and implement construction personnel) are required. rookeries, mating grounds, and areas of (ii) At least one observer must have shutdown or delay procedures when similar significance. prior experience working as an observer. applicable through communication with (iii) Other observers may substitute Monitoring and Reporting the equipment operator. Observer education (degree in biological science In order to issue an IHA for an training must be provided prior to or related field) or training for activity, Section 101(a)(5)(D) of the project start, and shall include experience. MMPA states that NMFS must set forth instruction on species identification (iv) Where a team of three or more requirements pertaining to the (sufficient to distinguish the species in observers are required, one observer monitoring and reporting of such taking. the project area), description and shall be designated as lead observer or The MMPA implementing regulations at categorization of observed behaviors monitoring coordinator. The lead 50 CFR 216.104 (a)(13) indicate that and interpretation of behaviors that may observer must have prior experience requests for authorizations must include be construed as being reactions to the working as an observer. the suggested means of accomplishing specified activity, proper completion of (v) The CTJV shall submit observer the necessary monitoring and reporting data forms, and other basic components CVs for approval by NMFS. Additional that will result in increased knowledge of biological monitoring, including standard observer qualifications of the species and of the level of taking tracking of observed animals or groups include: or impacts on populations of marine of animals such that repeat sound • Ability to conduct field mammals that are expected to be exposures may be attributed to observations and collect data according present in the planned action area. individuals (to the extent possible). to assigned protocols; Effective reporting is critical both to Monitoring will be conducted 30 • Experience or training in the field compliance as well as ensuring that the minutes before, during, and 30 minutes identification of marine mammals, most value is obtained from the required after pile driving activities. In addition, including the identification of monitoring. observers shall record all incidents of behaviors; Monitoring and reporting marine mammal occurrence, regardless • Sufficient training, orientation, or requirements prescribed by NMFS of distance from activity, and shall experience with the construction should contribute to improved document any behavioral reactions in operation to provide for personal safety understanding of one or more of the concert with distance from piles being during observations; following: driven. Pile driving activities include • Writing skills sufficient to prepare a • Occurrence of marine mammal the time to install a single pile or series report of observations including but not species or stocks in the area in which of piles, as long as the time elapsed limited to the number and species of take is anticipated (e.g., presence, between uses of the pile driving marine mammals observed; dates and abundance, distribution, density). equipment is no more than 30 minutes. times when in-water construction • Nature, scope, or context of likely The CTJV will be required to station activities were conducted; dates and marine mammal exposure to potential between two and four PSOs at locations times when in-water construction stressors/impacts (individual or offering the best available views of the activities were suspended to avoid cumulative, acute or chronic), through monitoring zones. At least two PSOs potential incidental injury from better understanding of: (1) Action or will be required to monitor before, construction sound of marine mammals
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16074 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
observed within a defined shutdown must be submitted within 30 days (e.g., as reflected in the regulatory status zone; and marine mammal behavior; following resolution of comments on the of the species, population size and and draft report. growth rate where known, ongoing • Ability to communicate orally, by sources of human-caused mortality, or Reporting Injured or Dead Marine radio or in person, with project ambient noise levels). personnel to provide real-time Mammals Pile driving activities associated with information on marine mammals In the event that personnel involved the planned PTST project, as outlined observed in the area as necessary. in the construction activities discover previously, have the potential to disturb Observers will be required to use an injured or dead marine mammal, the or displace marine mammals. The approved data forms. Among other CTJV shall report the incident to the specified activities may result in take, in pieces of information, The CTJV will Office of Protected Resources (OPR), the form of Level B harassment record detailed information about any NMFS and to the Greater Atlantic (behavioral disturbance) or Level A implementation of shutdowns, Region New England/Mid-Atlantic harassment (auditory injury), incidental including the distance of animals to the Regional Stranding Coordinator as soon to underwater sounds generated from pile and description of specific actions as feasible. The report must include the pile driving. Potential takes could occur that ensued and resulting behavior of following information: if individuals are present in the the animal, if any. In addition, the CTJV • Time, date, and location (latitude/ ensonified zone when pile driving will attempt to distinguish between the longitude) of the first discovery (and occurs. Level A harassment is number of individual animals taken and updated location information if known anticipated for bottlenose dolphins, the number of incidences of take. We and applicable); harbor porpoises, harbor seals, and gray • require that, at a minimum, the Species identification (if known) or seals. following information be collected on description of the animal(s) involved; No serious injury or mortality is • the sighting forms: Condition of the animal(s) anticipated given the nature of the • Date and time that monitored (including carcass condition if the activities and measures designed to activity begins or ends; animal is dead); minimize the possibility of injury to • • Construction activities occurring Observed behaviors of the marine mammals. The potential for animal(s), if alive; these outcomes is minimized through during each observation period; • • Weather parameters (e.g., percent If available, photographs or video the construction method and the footage of the animal(s); and implementation of the planned cover, visibility); • • Water conditions (e.g., sea state, General circumstances under which mitigation measures. Specifically, tide state); the animal was discovered. vibratory driving, impact driving, and • Species, numbers, and, if possible, Negligible Impact Analysis and drilling with DTH hammers will be the sex and age class of marine mammals; Determination primary methods of installation and pile • Description of any observable removal will occur with a vibratory marine mammal behavior patterns, NMFS has defined negligible impact hammer. Impact pile driving produces including bearing and direction of travel as an impact resulting from the short, sharp pulses with higher peak and distance from pile driving activity, specified activity that cannot be levels and much sharper rise time to and if possible, the correlation to SPLs; reasonably expected to, and is not reach those peaks. When impact pile • Distance from pile driving activities reasonably likely to, adversely affect the driving is used, implementation of to marine mammals and distance from species or stock through effects on bubble curtains, soft start and shutdown the marine mammals to the observation annual rates of recruitment or survival zones significantly reduces any point; (50 CFR 216.103). A negligible impact possibility of injury. Given sufficient • Description of implementation of finding is based on the lack of likely notice through use of soft starts (for mitigation measures (e.g., shutdown or adverse effects on annual rates of impact driving), marine mammals are delay); recruitment or survival (i.e., population- expected to move away from a sound • Locations of all marine mammal level effects). An estimate of the number source that is annoying prior to it observations; and of takes alone is not enough information becoming potentially injurious. • Other human activity in the area. on which to base an impact The CTJV will use qualified PSOs determination. In addition to stationed strategically to increase Reporting considering estimates of the number of detectability of marine mammals, A draft report will be submitted to marine mammals that might be ‘‘taken’’ enabling a high rate of success in NMFS within 90 days of the completion through harassment, NMFS considers implementation of shutdowns to avoid of marine mammal monitoring, or 60 other factors, such as the likely nature injury for most species. PSOs will be days prior to the requested date of of any responses (e.g., intensity, stationed on a specific Portal Island issuance of any future IHA for projects duration), the context of any responses whenever pile driving operations are at the same location, whichever comes (e.g., critical reproductive time or underway at that location. Additional first. The report will include marine location, migration), as well as effects PSOs will be stationed at the same mammal observations pre-activity, on habitat, and the likely effectiveness Portal Island and in other locations in during-activity, and post-activity during of the mitigation. We also assess the order to provide a relatively clear views pile driving days (and associated PSO number, intensity, and context of of the shutdown zone and monitoring data sheets), and will also provide estimated takes by evaluating this zones. These factors will limit exposure descriptions of any behavioral responses information relative to population of animals to noise levels that could to construction activities by marine status. Consistent with the 1989 result in injury. mammals and a complete description of preamble for NMFS’s implementing The CTJV’s planned pile driving all mitigation shutdowns and the results regulations (54 FR 40338; September 29, activities are highly localized. Only a of those actions and an extrapolated 1989), the impacts from other past and relatively small portion of the total take estimate based on the number ongoing anthropogenic activities are Chesapeake Bay may be affected. of marine mammals observed during the incorporated into this analysis via their Localized noise exposures produced by course of construction. A final report impacts on the environmental baseline project activities may cause short-term
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16075
behavioral modifications in affected The project is not expected to have numbers are available, NMFS compares cetaceans and pinnipeds Moreover, the significant adverse effects on marine the number of individuals taken to the required mitigation and monitoring mammal habitat. No important feeding most appropriate estimation of measures are expected to further reduce and/or reproductive areas for marine abundance of the relevant species or the likelihood of injury as well as mammals are known to be near the stock in our determination of whether reduce behavioral disturbances. project area. Project activities would not an authorization is limited to small Effects on individuals that are taken permanently modify existing marine numbers of marine mammals. by Level B harassment, on the basis of mammal habitat. The activities may Additionally, other qualitative factors reports in the literature as well as cause some fish to leave the area of may be considered in the analysis, such monitoring from other similar activities, disturbance, thus temporarily impacting as the temporal or spatial scale of the will likely be limited to reactions such marine mammal foraging opportunities activities. as increased swimming speeds, in a limited portion of the foraging Authorized take of marine mammal increased surfacing time, or decreased range. However, because of the stocks comprises less than 5 percent of foraging (if such activity were occurring) relatively small area of the habitat that the Western North Atlantic harbor seal (e.g., Thorson and Reyff 2006). may be affected, the impacts to marine stock abundance, and less than one Individual animals, even if taken mammal habitat are not expected to percent of all other authorized stocks, multiple times, will most likely move cause significant or long-term negative with the exception of bottlenose away from the sound source and be consequences. dolphins. There are three bottlenose temporarily displaced from the areas of In summary and as described above, dolphin stocks that could occur in the pile driving, although even this reaction the following factors primarily support project area. Therefore, the estimated has been observed primarily only in our preliminary determination that the 28,674 dolphin takes by Level A and association with impact pile driving. impacts resulting from this activity are Level B harassment would likely be The pile driving activities analyzed here not expected to adversely affect the split among the western North Atlantic are similar to, or less impactful than, species or stock through effects on northern migratory coastal stock, numerous other construction activities annual rates of recruitment or survival: western North Atlantic southern conducted along both Atlantic and • No mortality is anticipated or migratory coastal stock, and NNCES Pacific coasts, which have taken place authorized; stock. Based on the stocks’ respective with no known long-term adverse • Limited Level A harassment occurrence in the area, NMFS estimated consequences from behavioral exposures (dolphins, harbor porpoises, that there would be no more than 200 harassment. Furthermore, many projects harbor seals, and gray seals) are takes from the NNCES stock, similar to this one are also believed to anticipated to result only in slight PTS, representing 24 percent of that result in multiple takes of individual within the lower frequencies associated population, with the remaining takes animals without any documented long- with pile driving; split evenly between the northern and term adverse effects. Level B harassment • The anticipated incidents of Level B southern migratory coastal stocks. Based will be minimized through use of harassment consist of, at worst, on consideration of various factors mitigation measures described herein temporary modifications in behavior described below, we have determined and, if sound produced by project that would not result in fitness impacts the numbers of individuals taken would activities is sufficiently disturbing, to individuals; comprise less than one-third of the best animals are likely to simply avoid the • The specified activity and available population abundance area while the activity is occurring. associated ensonifed areas are very estimate of either coastal migratory In addition to the expected effects small relative to the overall habitat stock. Detailed descriptions of the resulting from authorized Level B ranges of all species and does not stocks’ ranges have been provided in harassment, we anticipate that small include habitat areas of special Description of Marine Mammals in the numbers of dolphins, harbor porpoises, significance (BIAs or ESA-designated Area of Specified Activities. harbor seals and gray seals may sustain critical habitat); and Both the northern migratory coastal some limited Level A harassment in the • The presumed efficacy of the and southern migratory coastal stocks form of auditory injury. However, required mitigation measures in have expansive ranges and they are the animals that experience PTS would reducing the effects of the specified only dolphin stocks thought to make likely only receive slight PTS, i.e. minor activity. broad-scale, seasonal migrations in degradation of hearing capabilities Based on the analysis contained coastal waters of the western North within regions of hearing that align most herein of the likely effects of the Atlantic. Given the large ranges completely with the energy produced by specified activity on marine mammals associated with these two stocks it is pile driving (i.e., the low-frequency and their habitat, and taking into unlikely that large segments of either region below 2 kHz), not severe hearing consideration the implementation of the stock would approach the project area impairment or impairment in the monitoring and mitigation measures, and enter into the Bay. The majority of regions of greatest hearing sensitivity. If NMFS finds that the total marine both stocks are likely to be found widely hearing impairment occurs, it is most mammal take from the planned activity dispersed across their respective habitat likely that the affected animal’s will have a negligible impact on all ranges and unlikely to be concentrated threshold would increase by a few dBs, affected marine mammal species or in or near the Chesapeake Bay. which is not likely to meaningfully stocks. Furthermore, the Chesapeake Bay and affect its ability to forage and nearby offshore waters represent the communicate with conspecifics. As Small Numbers boundaries of the ranges of each of the described above, we expect that marine As noted above, only small numbers two coastal stocks during migration. The mammals would be likely to move away of incidental take may be authorized northern migratory coastal stock is from a sound source that represents an under Sections 101(a)(5)(A) and (D) of found during warm water months from aversive stimulus, especially at levels the MMPA for specified activities other coastal Virginia, including the that would be expected to result in PTS, than military readiness activities. The Chesapeake Bay and Long Island, New given sufficient notice through use of MMPA does not define small numbers York. The stock migrates south in late soft start. and so, in practice, where estimated summer and fall. During cold water
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16076 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
months dolphins may be found in community of NNCES dolphins of be taken relative to the population size coastal waters from Cape Lookout, indeterminate size that inhabits the of the affected species or stocks. North Carolina, to the North Carolina/ Chesapeake Bay year-round (Patterson, Unmitigable Adverse Impact Analysis Virginia. During January–March, the Pers. Comm). and Determination southern migratory coastal stock Many of the dolphin observations in appears to move as far south as northern the Bay are likely repeated sightings of There are no relevant subsistence uses Florida. From April to June, the stock the same individuals. The Potomac- of the affected marine mammal stocks or moves back north to North Carolina. Chesapeake Dolphin Project has species implicated by this action. During the warm water months of July– observed over 1,200 unique animals Therefore, NMFS has determined that August, the stock is presumed to occupy since observations began in 2015. Re- the total taking of affected species or coastal waters north of Cape Lookout, sightings of the same individual can be stocks would not have an unmitigable North Carolina, to Assateague, Virginia, highly variable. Some dolphins are adverse impact on the availability of including the Chesapeake Bay. There is observed once per year, while others are such species or stocks for taking for likely some overlap between the highly regular with greater than 10 subsistence purposes. northern and southern migratory stocks sightings per year (Mann, pers. comm.). National Environmental Policy Act during spring and fall migrations, but Similarly, using available photo- the extent of overlap is unknown. identification data, Engelhaupt et al. To comply with the National The Bay and waters offshore of the (2016) determined that specific Environmental Policy Act of 1969 mouth are located on the periphery of individuals were often observed in close (NEPA; 42 U.S.C. 4321 et seq.) and the migratory ranges of both coastal proximity to their original sighting NOAA Administrative Order (NAO) stocks (although during different locations and were observed multiple 216–6A, NMFS must review our action seasons). Additionally, each of the times in the same season or same year. (i.e., the issuance of incidental migratory coastal stocks are likely to be Ninety-one percent of re-sighted harassment authorizations) with respect located in the vicinity of the Bay for individuals (100 of 110) in the study to potential impacts on the human relatively short timeframes. Given the area were recorded less than 30 km from environment. This action is consistent limited number of animals from each the initial sighting location. Multiple with categories of activities identified in migratory coastal stock likely to be sightings of the same individual would Categorical Exclusion B4 (incidental found at the seasonal migratory considerably reduce the number of harassment authorizations with no boundaries of their respective ranges, in individual animals that are taken by anticipated serious injury or mortality) combination with the short time periods of the Companion Manual for NOAA ∼ harassment. Furthermore, the existence ( two months) animals might remain at of a resident dolphin population in the Administrative Order 216–6A, which do these boundaries, it is reasonable to Bay would increase the percentage of not individually or cumulatively have assume that takes are likely to occur dolphin takes that are actually re- the potential for significant impacts on only within some small portion of either sightings of the same individuals. the quality of the human environment of the migratory coastal stocks. In summary and as described above, and for which we have not identified Both migratory coastal stocks likely any extraordinary circumstances that overlap with the NNCES stock at the following factors primarily support our preliminary determination regarding would preclude this categorical various times during their seasonal exclusion. Accordingly, NMFS has migrations. The NNCES stock is defined the incidental take of small numbers of a species or stock: determined that the issuance of this IHA as animals that primarily occupy waters to the CTJV qualifies to be categorically • The take of marine mammal stocks of the Pamlico Sound estuarine system excluded from further NEPA review. (which also includes Core, Roanoke, authorized for take comprises less than and Albemarle sounds, and the Neuse 5 percent of any stock abundance (with Endangered Species Act (ESA) River) during warm water months (July– the exception of bottlenose dolphin Section 7(a)(2) of the Endangered August). Members of this stock also use stocks); • Species Act of 1973 (ESA: 16 U.S.C. coastal waters (≤1km from shore) of Potential bottlenose dolphin takes 1531 et seq.) requires that each Federal North Carolina from Beaufort north to in the project area are likely to be agency insure that any action it Virginia Beach, Virginia, including the allocated among three distinct stocks; authorizes, funds, or carries out is not • lower Chesapeake Bay. Comparison of Bottlenose dolphin stocks in the likely to jeopardize the continued dolphin photo-identification data project area have extensive ranges and existence of any endangered or confirmed that limited numbers of it would be unlikely to find a high threatened species or result in the individual dolphins observed in percentage of any one stock destruction or adverse modification of Roanoke Sound have also been sighted concentrated in a relatively small area designated critical habitat. in the Chesapeake Bay (Young 2018). such as the project area or the Bay; No incidental take of ESA-listed Like the migratory coastal dolphin • The Bay represents the migratory species is authorized or expected to stocks, the NNCES stock covers a large boundary for each of the specified result from this activity. Therefore, range. The spatial extent of most small dolphin stocks and it would be unlikely NMFS has determined that formal and resident bottlenose dolphin to find a high percentage of any stock consultation under section 7 of the ESA populations is on the order of 500 km2, concentrated at such boundaries; and is not required for this action. while the NNCES stock occupies over • Many of the takes would be repeats 8,000 km2 (LeBrecque et al. 2015). of the same animal and it is likely that Authorization Given this large range, it is again a number of individual animals could NMFS has issued an IHA to the CTJV unlikely that a preponderance of be taken 10 or more times. for the incidental take of marine animals from the NNCES stock would Based on the analysis contained mammal due to pile driving activities as depart the North Carolina estuarine herein of the planned activity (including part of the PTST project for a period of system and travel to the northern extent the required mitigation and monitoring one year from the date of issuance, of the stock’s range and enter into the measures) and the anticipated take of provided the previously mentioned Bay. However, recent evidence suggests marine mammals, NMFS finds that mitigation, monitoring, and reporting that there is likely a small resident small numbers of marine mammals will requirements are incorporated.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16077
Dated: March 10, 2020. Atmospheric Administration (NOAA), Information and Education Advisory Donna S. Wieting, Commerce. Panel Director, Office of Protected Resources, ACTION: Notice of public meetings. Agenda items for the Information and National Marine Fisheries Service. Education AP meeting include: An [FR Doc. 2020–05802 Filed 3–19–20; 8:45 am] SUMMARY: The South Atlantic Fishery update on the Council’s outreach and Management Council (Council) will BILLING CODE 3510–22–P education efforts addressing best fishing hold a meeting of the Information and practices and new electronic reporting Education Advisory Panel (AP) on April regulations for the for-hire sector; DEPARTMENT OF COMMERCE 14–15, 2020 and the Snapper Grouper updates on electronic reporting, the Fish AP from April 15–17, 2020. National Oceanic and Atmospheric Rules mobile application for fishing DATES: The Information and Education Administration regulations, and Citizen Science AP will meet from 1:30 p.m. to 5:30 projects; and an overview of regulations RIN 0648–XA060 p.m. on April 14 and from 8:30 a.m. addressing Sargassum in the South until 12 p.m. on April 15, 2020. The Atlantic. Caribbean Fishery Management Snapper Grouper AP will meet from Council; Public Meetings; Cancellation 1:30 p.m. to 5 p.m. on April 15, from Snapper Grouper Advisory Panel 8:30 a.m. until 5 p.m. on April 16, and AGENCY: National Marine Fisheries The Snapper Grouper AP meeting from 8:30 a.m. until 12 noon on April Service (NMFS), National Oceanic and agenda will include the following: An 17, 2020. Atmospheric Administration (NOAA), update on recent regulations and Commerce. ADDRESSES: amendments to fishery management plans currently under Secretarial ACTION: Notice of cancellation of a Meeting address: The meetings will be public meeting. held at the Crowne Plaza, 4831 Tanger review; presentations on shark Outlet Boulevard, North Charleston, SC depredation and the South Atlantic SUMMARY: The Caribbean Fishery 29418; telephone: (843) 744–4472. Ecosystem Status Report; and updates Management Council is cancelling a Council address: South Atlantic on Spawning Special Management one-day meeting of the District Advisory Fishery Management Council, 4055 Zones, the Southeast Data, Assessment Panels (DAPs) of St. Thomas/St. John, Faber Place Drive, Suite 201, N and Review (SEDAR) Stock Assessment USVI. Charleston, SC 29406. program, the Council’s Citizen Science Program, and the MyFishCount DATES: The meeting was scheduled for FOR FURTHER INFORMATION CONTACT: Kim Iverson, Public Information Officer, recreational fishing reporting pilot Wednesday, March 25, 2020, from 9 program. The AP will also receive an a.m. to 5 p.m. SAFMC; phone: (843) 571–4366 or toll free (866) SAFMC–10; fax: (843) 769– overview of Regulatory Amendment 34 ADDRESSES: Council address: Caribbean 4520; email: [email protected]. to the Snapper Grouper Fishery Fishery Management Council, 270 Management Plan addressing Special Mun˜ oz Rivera Avenue, Suite 401, San SUPPLEMENTARY INFORMATION: The AP Management Zones in North Carolina Juan, Puerto Rico 00918–1903. meetings are open to the public and will and South Carolina and provide FOR FURTHER INFORMATION CONTACT: be available via webinar as they occur. recommendations, develop Fishery Miguel A. Rolo´n at Caribbean Fishery Registration is required. Webinar Performance Reports for species within Management Council, 270 Mun˜ oz registration information, a public the Snapper Grouper management Rivera Avenue, Suite 401, San Juan, comment form, and other meeting complex as needed, and provide Puerto Rico 00918–1903; telephone: materials will be posted to the Council’s recommendations to assist in evaluating (787) 766–5926. website at: http://safmc.net/safmc- the need for conservation and meetings/current-advisory-panel- SUPPLEMENTARY INFORMATION: management of Cubera Snapper, The meetings/ as it becomes available. meeting notice published on March 3, Margate, Sailor’s Choice, Coney, Please note that the evolving public 2020, (85 FR 12522). Due the COVID–19 Yellowfin Grouper, and Saucereye health situation regarding COVID–19 pandemic, the meeting has been Porgy. may affect the conduct of the advisory cancelled. The advisory panels will discuss panel meetings. At the time this notice other agenda items as necessary and Authority: 16 U.S.C. 1801 et seq. was submitted for publication, we develop recommendations for anticipated the advisory panel meetings Dated: March 17, 2020. committee consideration as appropriate. Tracey L. Thompson, would be conducted as planned, in Acting Deputy Director, Office of Sustainable person, and without opportunities for Special Accommodations remote participation other than the Fisheries, National Marine Fisheries Service. The meetings are physically webinar availability as noted above. [FR Doc. 2020–05950 Filed 3–19–20; 8:45 am] accessible to people with disabilities. Council staff will monitor COVID–19 BILLING CODE 3510–22–P Requests for auxiliary aids should be developments and will determine if directed to the Council office (see there is a need to allow some additional ADDRESSES) 5 days prior to the meeting. DEPARTMENT OF COMMERCE level of remote participation or other contingency plan such as postponement Note: The times and sequence specified in National Oceanic and Atmospheric of non-essential agenda items. If such this agenda are subject to change. Administration measures are deemed necessary, Authority: 16 U.S.C. 1801 et seq. Council staff will post notice of them RTID 0648–XA084 prominently on our website Dated: March 16, 2020. Tracey L. Thompson, South Atlantic Fishery Management (www.safmc.net). Potential meeting Council; Public Meetings participants are encouraged to check the Acting Deputy Director, Office of Sustainable South Atlantic Council’s website Fisheries, National Marine Fisheries Service. AGENCY: National Marine Fisheries frequently for such information and [FR Doc. 2020–05789 Filed 3–19–20; 8:45 am] Service (NMFS), National Oceanic and updates. BILLING CODE 3510–22–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16078 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
DEPARTMENT OF COMMERCE SUMMARY: Notice is hereby given that a FOR FURTHER INFORMATION CONTACT: permit, has been issued to the following Amy Hapeman (Permit No. 23577); at National Oceanic and Atmospheric entity under the Marine Mammal (301) 427–8401. Administration Protection Act (MMPA). SUPPLEMENTARY INFORMATION: Notice [RTID 0648–XA080] ADDRESSES: The permit and related was published in the Federal Register on the date listed below that requests for Marine Mammals and Endangered documents are available for review upon written request or by appointment a permit had been submitted by the Species below-named applicant. To locate the in the Permits and Conservation Federal Register notice that announced AGENCY: National Marine Fisheries Division, Office of Protected Resources, Service (NMFS), National Oceanic and our receipt of the application and a NMFS, 1315 East-West Highway, Room complete description of the activities, go Atmospheric Administration (NOAA), 13705, Silver Spring, MD 20910; phone: Commerce. to www.federalregister.gov and search (301) 427–8401; fax: (301) 713–0376. on the permit number provided in Table ACTION: Notice; issuance of permits. 1 below.
TABLE 1—ISSUED PERMIT
Permit or Permit No. RIN/RTID Applicant Previous Federal Register notice amendment issuance date
23577 ...... 0648–XR076 BBC Studios Ltd., Natural History Unit Productions, 84 FR 70500; December 23, 2019 2/3/2020 Broadcasting House, Whiteladies Road, Bristol, BS8 2LR, UK, (Responsible Party: Rowan Crawford).
In compliance with the National DATES: The meeting was to convene DEPARTMENT OF COMMERCE Environmental Policy Act of 1969 (42 Monday, March 30 through Thursday, U.S.C. 4321 et seq.), a final April 2, 2020; 8:30 a.m. until 4 p.m. National Oceanic and Atmospheric determination has been made that the Administration ADDRESSES: activities proposed are categorically [RTID 0648–XV179] excluded from the requirement to Council address: Gulf of Mexico prepare an environmental assessment or Fishery Management Council, 4107 W. Notice of Availability of the Deepwater environmental impact statement. Spruce Street, Suite 200, Tampa, FL Horizon Oil Spill Louisiana Trustee Authority: The requested permit has been 33607; telephone: (813) 348–1630. Implementation Group Draft Restoration Plan/Environmental issued under the Marine Mammal Protection FOR FURTHER INFORMATION CONTACT: Dr. Act of 1972, as amended (16 U.S.C. 1361 et Assessment #5: Living Coastal and Carrie Simmons, Executive Director, seq.), the regulations governing the taking Marine Resources—Marine Mammals and importing of marine mammals (50 CFR Gulf of Mexico Fishery Management and Oysters part 216). Council; telephone: (813) 348–1630. AGENCY: National Marine Fisheries Dated: March 16, 2020. SUPPLEMENTARY INFORMATION: The Service (NMFS), National Oceanic and Amy Sloan, meeting notice published on March 6, Atmospheric Administration (NOAA), Acting Chief, Permits and Conservation 2020, (85 FR 13143). Due the COVID–19 Department of Commerce. Division, Office of Protected Resources, pandemic, the meeting has been National Marine Fisheries Service. ACTION: Notice of availability; request cancelled. for comments. [FR Doc. 2020–05831 Filed 3–19–20; 8:45 am] Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–P SUMMARY: In accordance with the Oil Dated: March 16, 2020. Pollution Act of 1990 (OPA), the Tracey L. Thompson, National Environmental Policy Act DEPARTMENT OF COMMERCE Acting Deputy Director, Office of Sustainable (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP),1 the National Oceanic and Atmospheric Fisheries, National Marine Fisheries Service. Deepwater Horizon Federal natural Administration [FR Doc. 2020–05790 Filed 3–19–20; 8:45 am] BILLING CODE 3510–22–P resource trustee agencies for the [RTID 0648–XA067] Louisiana Trustee Implementation Group (Louisiana TIG) have prepared a Gulf of Mexico Fishery Management Draft Restoration Plan/Environmental Council; Public Meeting; Cancellation Assessment (RP/EA #5): Living Coastal and Marine Resources—Marine AGENCY: National Marine Fisheries Mammals and Oysters. The Draft RP/EA Service (NMFS), National Oceanic and #5 proposes restoration project Atmospheric Administration (NOAA), Commerce. 1 Consent Decree among Defendant BP ACTION: Notice of cancellation of a Exploration & Production Inc. (‘‘BPXP’’), the United public meeting. States of America, and the States of Alabama, Florida, Louisiana, Mississippi, and Texas entered SUMMARY: in In re: Oil Spill by the Oil Rig ‘‘Deepwater The Gulf of Mexico Fishery Horizon’’ in the Gulf of Mexico, on April 20, 2010, Management Council (Council) is MDL No. 2179 in the United States District Court cancelling a 4-day meeting. for the Eastern District of Louisiana.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16079
alternatives considered by the Louisiana be made publicly available at any time. • U.S. Department of Agriculture TIG to restore natural resources and While you can ask us in your comment (USDA); ecological services injured or lost as a to withhold your personal identifying • U.S. Environmental Protection result of the Deepwater Horizon oil information from public review, we Agency (EPA); spill. The Louisiana TIG evaluated these cannot guarantee that we will be able to • State of Louisiana Coastal alternatives under criteria set forth in do so. Protection and Restoration Authority, the OPA natural resource damage FOR FURTHER INFORMATION CONTACT: Oil Spill Coordinator’s Office, assessment regulations, and also National Oceanic and Atmospheric Department of Environmental Quality, evaluated the environmental Administration—Mel Landry, NOAA Department of Wildlife and Fisheries, consequences of the restoration Restoration Center, 225–425–0583, and Department of Natural Resources; • alternatives in accordance with NEPA. [email protected]. State of Mississippi Department of The purpose of this notice is to inform Environmental Quality; SUPPLEMENTARY INFORMATION: • the public of the availability of the Draft State of Alabama Department of RP/EA #5 and to seek public comments Introduction Conservation and Natural Resources and on the document. On April 20, 2010, the mobile Geological Survey of Alabama; • State of Florida Department of DATES: offshore drilling unit Deepwater The Louisiana TIG will consider Environmental Protection and Fish and public comments received on or before Horizon, which was being used to drill a well for BP Exploration and Wildlife Conservation Commission; and April 20, 2020. • State of Texas: Texas Parks and Public Webinar: The Louisiana TIG Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252– Wildlife Department, Texas General will conduct a public webinar on April Land Office, and Texas Commission on 8, 2020 at 4:00 p.m. Central. The public MC252), experienced a significant explosion, fire, and subsequent sinking Environmental Quality. may register for the webinar at https:// The Trustees reached and finalized a attendee.gotowebinar.com/register/ in the Gulf of Mexico, resulting in an unprecedented volume of oil and other settlement of their natural resource 4511405465865527821. After damage claims with BP in an April 4, registering, participants will receive a discharges from the rig and from the wellhead on the seabed. The Deepwater 2016, Consent Decree approved by the confirmation email with instructions for United States District Court for the joining the public webinar. The webinar Horizon oil spill is the largest off shore oil spill in U.S. history, discharging Eastern District of Louisiana. Pursuant will include a presentation of the Draft to that Consent Decree, restoration RP/EA #5 and opportunity for public millions of barrels of oil over a period of 87 days. In addition, well over one projects in the Louisiana Restoration comment. The presentation slides will Area are now selected and implemented be posted on the web shortly after the million gallons of dispersants were applied to the waters of the spill area in by the Louisiana TIG. The Louisiana public meeting is completed. Comments TIG is composed of the following will also be taken through submission an attempt to disperse the spilled oil. An undetermined amount of natural gas Federal Trustees: NOAA; DOI; EPA; and online or through U.S. mail (see USDA. Submitting Comments below). was also released into the environment as a result of the spill. Background ADDRESSES: Obtaining Documents: You The Deepwater Horizon Federal and may download the Draft RP/EA at: State natural resource trustees (DWH The Draft RP/EA #5 is being released http:// Trustees) conducted the natural in accordance with OPA NRDA www.gulfspillrestoration.noaa.gov/ resource damage assessment (NRDA) for regulations in the Code of Federal restoration-areas/louisiana. the Deepwater Horizon oil spill under Regulations (CFR) at 15 CFR part 990, Alternatively, you may request a CD of OPA (OPA; 33 U.S.C. 2701 et seq.). NEPA (42 U.S.C. 4321 et seq.), the the Draft RP/EA #5 (see FOR FURTHER Pursuant to OPA, Federal and State Consent Decree, and the Final PDARP/ INFORMATION CONTACT below). Also, you agencies act as trustees on behalf of the PEIS, which provided for an overall goal may view the document at any of the public to assess natural resource injuries of ‘‘Replenish and Protect Living Coastal public facilities listed in Appendix A of and losses and to determine the actions Marine Resources.’’ This restoration the Draft RP/EA #5. required to compensate the public for planning activity is proceeding in Submitting Comments: You may those injuries and losses. OPA further accordance with the PDARP/PEIS, submit comments on the Draft RP/EA #5 instructs the designated trustees to which provided for various types of by one of the following methods: develop and implement a plan for the restoration, including restoration of • Via the Web: http:// restoration, rehabilitation, replacement, marine mammals and oysters. www.gulfspillrestoration.noaa.gov/ or acquisition of the equivalent of the Information on the Restoration Types restoration-areas/louisiana; injured natural resources under their being considered in the Draft RP/EA #5, • Via U.S. Mail: U.S. Fish and trusteeship, including the loss of use as well as the OPA criteria against Wildlife Service, P.O. Box 29649, and services from those resources from which project ideas are being evaluated, Atlanta, GA 30345. Please note that the time of injury until the time of can be viewed in the PDARP/PEIS mailed comments must be postmarked restoration to baseline (the resource (http:// on or before the comment deadline quality and conditions that would exist www.gulfspillrestoration.noaa.gov/ given in DATES; if the spill had not occurred) is restoration-planning/gulf-plan) and in • During the public webinar: complete. the Overview of the PDARP/PEIS Comments may be provided in writing The Deepwater Horizon Trustees are: (http:// online during the webinar. Webinar • U.S. Department of the Interior www.gulfspillrestoration.noaa.gov/ information is provided above in DATES. (DOI), as represented by the National restoration-planning/gulf-plan). Before including your address, phone Park Service, U.S. Fish and Wildlife For the Draft RP/EA #5, the Louisiana number, email address, or other Service, and Bureau of Land TIG assembled a list of 193 project personal identifying information in your Management; alternatives for the restoration of marine comment, you should be aware that • National Oceanic and Atmospheric mammals and 36 project alternatives for your entire comment—including your Administration (NOAA), on behalf of the restoration of oysters. These personal identifying information—may the U.S. Department of Commerce; alternatives were based on proposals
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16080 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
from the public as well as agencies, Brood Reefs.’’ A network of spawning reef (using gabions with limestone or including projects submitted to the stock oyster reefs would be constructed shell) along the shorelines of Caillou DWH Trustee or Louisiana TIG portals in two phases: (1) Two reefs would be Lake most susceptible to erosion in and projects submitted by individual constructed in the Lake Machais/ order to replenish oysters and armor the state and Federal Trustees, including Mozambique Point area along with two shoreline. The project would involve projects submitted on behalf of non- reefs in the Petit Pass/Bay Boudreaux three phases: (1) Construct Trustee agencies. All alternatives area. Each reef would be 10 acres in size approximately seven miles of reef along underwent a step-wise screening and 1.2 m from bottom; and (2) up to 20 the northern end of the central island in process based on criteria established by reefs would be constructed in the land bridge; (2) construct another OPA and the Louisiana TIG, whereby Chandeleur Sound, with each reef 0.5 seven miles consisting of two, two-mile projects that did not meet the criteria acres in size and 0.5–1.2 m from bottom. sections to the east and west of the were eliminated, and duplicative All constructed reefs would be closed to Phase I reef and three miles along the alternatives were combined. This harvest but located near harvesting areas southern shoreline of the central island resulted in two action alternatives for to promote connectivity. The project in the land bridge; (3) construct marine mammals and four action would have a 2-year construction approximately five miles of reef to the alternatives for oysters, each of which period, followed by 4 years of west of the southern, three-mile section are evaluated in the Draft RP/EA #5. monitoring, with a project cost of of Phase II, and another two miles of Alternatives that meet the criteria but $9,701,447. reef to the east. Intermittent breaks are not carried forward as preferred The second preferred alternative for between reef segments would be alternatives may be considered in future oyster restoration is entitled, ‘‘Cultch restoration plans. Plant Oyster Restoration Projects.’’ This constructed to allow for movement of project would create oyster reefs at aquatic species between the marine Overview of the Louisiana TIG Draft various sites through placement of habitat, shoreline, and freshwater RP/EA #5 limestone at a planting density of up to spawning and rearing habitats, and to The Draft RP/EA considers two action 200 tons per acre with harvest closed prevent entrapment. The project would alternatives for restoration of marine until certain performance criteria are involve a 2.5-year construction period, mammals. The preferred alternative is met. There would be a 200-acre site at followed by 4 years of monitoring, with entitled, ‘‘Increasing Capacity and Public Oyster Seed Ground (POSG) in a project cost of $23,595,000. Expanding Partnerships along the the Grand Banks area of Mississippi The funding proposed for Louisiana Coastline for Marine Mammal Sound; a 200-acre site at Caillou Lake implementation of oyster restoration Stranding Response.’’ This project Public Oyster Seed Reservation (POSR) under the trustees’ proposed preferred would enable rapid response to injured in Terrebonne Parish; and up to 400 alternative represents a commitment of and dead cetaceans in the state and acres of clean limestone cultch material all remaining available funding for better understand the causes of would be constructed at each of four oyster restoration in the Louisiana mortality and morbidity by hiring a historic reefs within POSGs in the Restoration Area. The programmatic Louisiana-based Stranding Coordinator Biloxi Marsh Complex in St. Bernard structure of the proposed oyster cultch that will build partnerships and conduct Parish: Drum Bay, Three Mile Bay, and brood reef projects would allow the outreach; and by providing Karako Bay, and Morgan Harbor. Oyster trustees to continue to construct specific infrastructure, equipment, and supplies reefs could be constructed at other reef sites in the future. In alignment needed to facilitate stranding response POSGs or POSRs in the future. The with the PDARP, the trustees may and improve rehabilitation capabilities. project would have a 2-year propose projects in the future that The project should increase the number construction period, followed by 4 years of stranding reports and improve their of monitoring, with a project cost of benefit oysters through the wetlands, quality as a result of timelier responses. $10,070,000. coastal, and nearshore habitats The project would have a 5-year project The third preferred alternative for restoration allocation. life and a cost of $3,955,620. oyster restoration is entitled, ‘‘Hatchery- For both marine mammal restoration The non-preferred alternative for based Oyster Restoration Projects.’’ This and oysters, the Draft RP/EA #5 marine mammal restoration is entitled, project would provide $5,850,000 in evaluates a No Action Alternative, ‘‘Region-wide Marine Mammal funding over ten years to support under which no project would be Conservation Medicine and Health continued operations at the Michael C. constructed and no additional costs Program.’’ This project would improve Voisin Oyster Hatchery in Grand Isle, would be incurred at this time. understanding of Louisiana-specific Louisiana with spat-on-shell The Louisiana TIG has examined the risks for illness and death among deployment of hatchery-produced cetaceans, and assess and implement oysters deployment onto existing shell injuries assessed by the DWH Trustees future health intervention techniques by substrate in POSGs or POSRs that are and evaluated restoration alternatives to establishing a working group; providing low-producing or in need of address the injuries. In Draft RP/EA #5, regular training sessions and workshops rehabilitation. The hatchery estimates the Louisiana TIG presents to the public for the stranding network and production of at least 500 million its draft plan for providing partial researchers; and developing and diploid oyster larvae per year, of which compensation to the public for injured implementing a study plan for live a minimum of 25 percent would be natural resources and ecological capture and release health assessments dedicated for use in oyster restoration services in the Louisiana Restoration of free-ranging cetaceans. The project activities within areas protected from Area. The proposed action is intended would have a 5-year project life and a harvest. to continue the process of using DWH cost of $6,334,000. An additional action alternative for restoration funding to restore natural The Draft RP/EA #5 considers four oyster restoration, entitled ‘‘Caillou resources injured or lost as a result of action alternatives for restoration of Lake Artificial Reef,’’ was also the Deepwater Horizon oil spill. oysters, including three preferred evaluated. This project would provide Additional restoration planning for the alternatives. The first is entitled, for construction of approximately 21 Louisiana Restoration Area will ‘‘Enhancing Oyster Recovery Using miles of eight to ten-foot artificial oyster continue.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16081
Next Steps Deepwater Horizon Federal natural Atlanta, GA 30345. Please note that The public is encouraged to review resource trustee agencies for the mailed comments must be postmarked and comment on the Draft RP/EA #5. A Louisiana Trustee Implementation on or before the comment deadline of 30 public webinar to facilitate the public Group (Louisiana TIG) have prepared a days following publication of this notice Draft Phase II Restoration Plan 3.3 and to be considered; or review and comment process, is • scheduled for April 8, 2020. After the Environmental Assessment (Draft RP/ During the public webinar: public comment period ends, the EA #3.3). The Draft RP/EA #3.3 Comments may be provided in writing Louisiana TIG will consider and address describes and proposes restoration online during the webinar. Webinar comments received before issuing a project alternatives considered by the information is provided above in DATES. Final RP/EA #5. A summary of Louisiana TIG to restore natural Before including your address, phone comments received and the Louisiana resources and ecological services number, email address, or other TIG’s responses and any revisions to the injured or lost as a result of the personal identifying information in your document, as appropriate, will be Deepwater Horizon oil spill. The comment, you should be aware that included in the final document. Louisiana TIG evaluated these your entire comment—including your alternatives under criteria set forth in personal identifying information—may Administrative Record the OPA natural resource damage be made publicly available at any time. The documents comprising the assessment regulations, and also While you can ask us in your comment Administrative Record for the Draft RP/ evaluated the environmental to withhold your personal identifying EA #5 can be viewed electronically at consequences of the restoration information from public review, we http://www.doi.gov/deepwaterhorizon/ alternatives in accordance with NEPA. cannot guarantee that we will be able to adminrecord. The purpose of this notice is to inform do so. the public of the availability of the Draft FOR FURTHER INFORMATION CONTACT: Authority RP/EA #3.3 and to seek public National Oceanic and Atmospheric The authority of this action is the Oil comments on the document. Administration—Mel Landry, NOAA Pollution Act of 1990 (33 U.S.C. 2701 et DATES: The Louisiana TIG will consider Restoration Center, 225–425–0583, seq.) and its implementing Oil Pollution public comments received on or before [email protected]. Act Natural Resource Damage April 20, 2020. SUPPLEMENTARY INFORMATION: Assessment regulations found at 15 CFR Public Webinar: The Louisiana TIG part 990 and the National will conduct a public webinar on April Introduction Environmental Policy Act of 1969 (42 2, 2020 at 4:00 Central. The public may On April 20, 2010, the mobile U.S.C. 4321 et seq.). register for the webinar at https:// offshore drilling unit Deepwater Dated: March 13, 2020. attendee.gotowebinar.com/register/ Horizon, which was being used to drill Carrie Selberg, 851376447936188428. After registering, a well for BP Exploration and participants will receive a confirmation Director, Office of Habitat Conservation, Production, Inc. (BP), in the Macondo National Marine Fisheries Service. email with instructions for joining the prospect (Mississippi Canyon 252– webinar. The webinar will include a [FR Doc. 2020–05725 Filed 3–19–20; 8:45 am] MC252), experienced a significant presentation of the Draft RP/EA #3.3 BILLING CODE 3510–22–P explosion, fire, and subsequent sinking and opportunity for public comment. in the Gulf of Mexico, resulting in an The presentation slides will be posted unprecedented volume of oil and other DEPARTMENT OF COMMERCE on the web shortly after the webinar is discharges from the rig and from the completed. Comments will also be taken wellhead on the seabed. The Deepwater National Oceanic and Atmospheric through submission online or through Horizon oil spill is the largest off shore Administration U.S. mail (see Submitting Comments oil spill in U.S. history, discharging below). [RTID 0648–XV178] millions of barrels of oil over a period ADDRESSES: Obtaining Documents: You of 87 days. In addition, well over one Notice of Availability of the Deepwater may download the Draft RP/EA #3.3 at: million gallons of dispersants were Horizon Oil Spill Louisiana Trustee http:// applied to the waters of the spill area in Implementation Group Draft Phase II www.gulfspillrestoration.noaa.gov/ an attempt to disperse the spilled oil. Restoration Plan and Environmental restoration-areas/louisiana. An undetermined amount of natural gas Assessment #3.3: Large-Scale Alternatively, you may request a CD of was also released into the environment Barataria Marsh Creation: Upper the Draft RP/EA #3.3 (see FOR FURTHER as a result of the spill. Barataria Component INFORMATION CONTACT below). Also, you The Deepwater Horizon Federal and may view the document at any of the State natural resource trustees (DWH AGENCY: National Marine Fisheries public facilities listed in Appendix A of Trustees) conducted the natural Service (NMFS), National Oceanic and the Draft RP/EA #3.3. resource damage assessment (NRDA) for Atmospheric Administration (NOAA), Submitting Comments: You may the Deepwater Horizon oil spill under Department of Commerce. submit comments on the Draft RP/EA OPA (OPA; 33 U.S.C. 2701 et seq.). ACTION: Notice of availability; request #3.3 by one of the following methods: Pursuant to OPA, Federal and State for comments. • Via the Web: http:// agencies act as trustees on behalf of the www.gulfspillrestoration.noaa.gov/ public to assess natural resource injuries SUMMARY: In accordance with the Oil restoration-areas/louisiana; and losses and to determine the actions Pollution Act of 1990 (OPA), the • Via U.S. Mail: U.S. Fish and required to compensate the public for National Environmental Policy Act Wildlife Service, P.O. Box 29649, those injuries and losses. OPA further (NEPA), and a Consent Decree with BP instructs the designated trustees to Exploration & Production Inc. (BP),1 the Florida, Louisiana, Mississippi, and Texas entered develop and implement a plan for the in In re: Oil Spill by the Oil Rig ‘‘Deepwater 1 Consent Decree among Defendant BP Horizon’’ in the Gulf of Mexico, on April 20, 2010, restoration, rehabilitation, replacement, Exploration & Production Inc. (‘‘BPXP’’), the United MDL No. 2179 in the United States District Court or acquisition of the equivalent of the States of America, and the States of Alabama, for the Eastern District of Louisiana. injured natural resources under their
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16082 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
trusteeship, including the loss of use Restoration of Wetlands, Coastal, and the construction time frame. This and services from those resources from Nearshore Habitats in the Barataria alternative would require a single the time of injury until the time of Basin, Louisiana (SRP/EA #3). In construction mobilization and has an restoration to baseline (the resource addition to identifying a restoration estimated time frame of 26 months for quality and conditions that would exist strategy for the Barataria Basin and an estimated total project cost of if the spill had not occurred) is confirming its 2018 decision to move approximately $172 million, inclusive complete. forward the Spanish Pass Increment of of Phase I design, construction, The Deepwater Horizon Trustees are: the Barataria Basin Ridge and Marsh contingency, project management, and • U.S. Department of the Interior Creation project, the SRP/EA also monitoring & adaptive management. (DOI), as represented by the National advanced the Mid-Barataria Sediment Alternative 2 (Non-preferred). This Park Service, U.S. Fish and Wildlife Diversion and Large Scale Marsh alternative would include filling a Service, and Bureau of Land Creation: Component E in northern combination of MCAs for the creation of Management; Barataria Basin for further evaluation approximately 944 acres (3.8 km2) of • National Oceanic and Atmospheric and planning in a future Phase II intertidal marsh platform (fewer MCAs Administration (NOAA), on behalf of restoration plan. After approval of the than Alternative 1) for a project lifetime the U.S. Department of Commerce; SRP/EA #3, engineering and design of 20 years. Approximately 8.4 MCY of • U.S. Department of Agriculture (E&D) was initiated for the Large Scale sediment (currently available) would be (USDA); Marsh Creation: Component E. A immediately available for use from the • U.S. Environmental Protection portion of that project, now identified as proposed borrow areas. Project Agency (EPA); Large Scale Barataria Marsh Creation: construction time is an estimated 24 • State of Louisiana Coastal Upper Barataria Component, is now at months and would require a single Protection and Restoration Authority, a stage of E&D where NEPA analyses construction mobilization for an Oil Spill Coordinator’s Office, can be conducted on the design estimated cost of approximately $126 Department of Environmental Quality, alternatives. Therefore, tiering from the million. Department of Wildlife and Fisheries, SRP/EA #3, the Louisiana TIG is Alternative 3 (Non-preferred). This and Department of Natural Resources; proposing in RP/EA #3.3 alternative would include filling a • State of Mississippi Department of implementation of the Large-Scale combination of MCAs for the creation of Environmental Quality; Barataria Marsh Creation: Upper approximately 1,792 acres (7.3 km2) of • State of Alabama Department of Barataria Component Restoration intertidal marsh platform (more acres Conservation and Natural Resources and project. than Alternative 1) for a project lifetime Geological Survey of Alabama; of 20 years. Approximately 13.8 MCY of • State of Florida Department of Overview of the Louisiana TIG Draft sediment would be needed, which Environmental Protection and Fish and RP/EA #3.3 could require waiting for an additional Wildlife Conservation Commission; and The Draft RP/EA #3.3 is being 5.42 MCY of sediment to accumulate at • State of Texas: Texas Parks and released in accordance with OPA NRDA the proposed borrow areas. This Wildlife Department, Texas General regulations in the Code of Federal alternative would require two Land Office, and Texas Commission on Regulations (CFR) at 15 CFR part 990, mobilizations with an anticipated Environmental Quality. NEPA (42 U.S.C. 4321 et seq.), the project construction time of 2 to 3 years The Trustees reached and finalized a Consent Decree, and the Final PDARP/ for an estimated cost of approximately settlement of their natural resource PEIS. The Draft RP/EA #3.3 focuses on $201 million. damage claims with BP in an April 4, an area (‘‘the Project Area’’) in the upper No Action Alternative (Non- 2016, Consent Decree approved by the Barataria Basin, 15 miles (24 km) south preferred). Under this alternative, the United States District Court for the of New Orleans, in Jefferson and proposed project would not be Eastern District of Louisiana. Pursuant Plaquemines Parishes, Louisiana, from constructed with the current funding. to that Consent Decree, restoration approximately 5.4 miles (8.7km) west of The Louisiana TIG has examined the projects in the Louisiana Restoration the Mississippi River to the Mississippi injuries assessed by the DWH Trustees Area are now selected and implemented River between river miles (RM) 64 and and evaluated restoration alternatives to by the Louisiana TIG. The Louisiana 67. In the Draft RP/EA #3.3, the address the injuries. In Draft RP/EA TIG is composed of the following Louisiana TIG proposes a preferred #3.3, the Louisiana TIG presents to the Federal Trustees: NOAA; DOI; EPA; and design alternative for the Large-Scale public its draft plan for providing USDA. Marsh Creation Project: Component E in partial compensation to the public for This restoration planning activity is Upper Barataria, to be funded under the injured natural resources and ecological proceeding in accordance with the DWH Louisiana Restoration Area services in the Louisiana Restoration PDARP/PEIS. Information on the Wetlands, Coastal and Nearshore Area. The proposed alternative is Restoration Type being considered in Habitats restoration type allocation. intended to continue the process of the Draft RP/EA #3.3, as well as the Three alternatives and the No Action using DWH restoration funding to OPA criteria against which project ideas alternative are analyzed in detail. The restore natural resources injured or lost are being evaluated, can be viewed in preferred alternative would include as a result of the Deepwater Horizon oil the PDARP/PEIS (http://www.gulfspill filling of a combination of marsh spill. Additional restoration planning restoration.noaa.gov/restoration- creation areas (MCAs) for the creation of for the Louisiana Restoration Area will planning/gulf-plan) and in the approximately 1,207 acres (12.1 km2) of continue. Overview of the PDARP/PEIS (http:// intertidal marsh platform with a design Next Steps www.gulfspillrestoration.noaa.gov/ life of 20 years. A total of approximately restoration-planning/gulf-plan). 10.6 million cubic yards (MCY) of fill The public is encouraged to review (sediment), comprising 8.4 MCY of and comment on the Draft RP/EA #3.3. Background currently available material to be A public webinar is scheduled to On March 20, 2018, the Louisiana TIG dredged from the borrow areas and an facilitate the public review and completed its Strategic Restoration Plan additional 2.2 MCY expected to comment process. After the public and Environmental Assessment #3: accumulate at the borrow areas during comment period ends, the Louisiana
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16083
TIG will consider and address the Room 159, Asheville, NC 28801 or be, undertaken within any fishery over comments received before issuing a viewing the entire information which the Council concerned has Final RP/EA #3.3. A summary of collection request at www.reginfo.gov. jurisdiction, or with respect to an comments received and the Louisiana SUPPLEMENTARY INFORMATION: Comments individual or organization with a TIG’s responses and any revisions to the are invited on: (1) Whether the financial interest in such activity. The document, as appropriate, will be collection of information is necessary authority to require this information and included in the final document. for the proper performance of the reporting and filing requirements has Administrative Record functions of the Department, including not changed. The Secretary is required whether the information will have The documents comprising the to submit an annual report to Congress practical utility; (2) if the information on action taken by the Secretary and the Administrative Record for the Draft RP/ will be processed and used in a timely EA #3.3 can be viewed electronically at Councils to implement the disclosure of manner; (3) the accuracy of the agency’s financial interest and recusal http://www.doi.gov/deepwaterhorizon/ estimates of the burden and cost of the adminrecord. requirements, including identification collection of information, including the of any conflict of interest problems with Authority validity of the methodology and respect to the Councils and SSCs and The authority of this action is the Oil assumptions used; (4) ways to enhance recommendations for addressing any Pollution Act of 1990 (33 U.S.C. 2701 et the quality, utility and clarity of the such problems. information collection; and (5) ways to seq.) and its implementing Oil Pollution The Act further provides that a Act Natural Resource Damage minimize the burden of the collection of member shall not vote on a Council Assessment regulations found at 15 CFR information on those who are to decision that would have a significant part 990 and the National respond, including the use of automated and predictable effect on a financial Environmental Policy Act of 1969 (42 collection techniques or other forms of U.S.C. 4321 et seq.). information technology. interest if there is a close causal link Agency: National Oceanic and between the Council decision and an Dated: March 16, 2020. Atmospheric Administration (NOAA). expected and substantially Carrie Selberg, Title: Statement of Financial Interests, disproportionate benefit to the financial Director, Office of Habitat Conservation, Regional Fishery Management Councils. interest of the affected individual National Marine Fisheries Service. OMB Control Number: 0648–0192. relative to the financial interest of other [FR Doc. 2020–05740 Filed 3–19–20; 8:45 am] Form Number(s): NOAA 88–195. participants in the same gear type or BILLING CODE 3510–22–P Type of Request: Regular (revision sector of the fishery. However, an and extension of a currently approved affected individual who is declared information collection). DEPARTMENT OF COMMERCE ineligible to vote on a Council action Number of Respondents: 330. may participate in Council deliberations National Oceanic and Atmospheric Average Hours per Response: 45 relating to the decision after notifying Administration minutes. the Council of his/her recusal and Burden Hours: 248 hours. identifying the financial interest that Needs and Uses: This request is for Submission for OMB Review; would be affected. The form has been revision and extension of a current Comment Request; Statement of revised to increase clarity for the information collection. The Magnuson Financial Interests, Regional Fishery respondents; NOAA Fisheries is making Management Councils Stevens Fishery Conservation and Management Act (Magnuson Stevens minor revisions to the form by adding The Department of Commerce will Act) authorizes the establishment of clearer instructions and clarifying some submit the following information Regional Fishery Management Councils of the questions asked to ensure the collection request to the Office of to exercise sound judgment in the questions are consistent with the Management and Budget (OMB) for stewardship of fishery resources regulatory requirements. Revisions will review and clearance in accordance through the preparation, monitoring, also include a specific check box to with the Paperwork Reduction Act of and revision of such fishery indicate that a Council nominee, and 1995 (44 U.S.C. Chapter 35), on or after management plans under circumstances not a member, is completing the form. the date of publication of this notice. (a) which will enable the States, the No new information is being requested. The public is invited to submit fishing industry, consumers, Affected Public: Individuals or comments on this request. environmental organizations, and other households. ADDRESSES: Written comments and interested persons to participate in the recommendations for the proposed development of such plans, and (b) Frequency: Annually or updated as information collection should be which take into account the social and needed. submitted within 30 days of the economic needs of fishermen and Respondent’s Obligation: Mandatory. publication of this notice on the dependent communities. Section 302(j) Legal Authority: Section 302(j) of the following website www.reginfo.gov/ of the Magnuson Stevens Act requires Magnuson-Stevens Act. public/do/PRAMain. Find this that Council members appointed by the particular information collection by Secretary, Scientific and Statistical Dated: March 17, 2020. selecting ‘‘Currently under 30-day Committee (SSC) members appointed by Sheleen Dumas, Review—Open for Public Comments’’ or a Council under Section 302(g)(1), or Department PRA Clearance Officer, Office of by using the search function and individuals nominated by the Governor the Chief Information Officer, Commerce entering either the title of the collection of a State for possible appointment as a Department. or the OMB Control Number 0694–0192. Council member, disclose their financial [FR Doc. 2020–05855 Filed 3–19–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: interest in any Council fishery. These BILLING CODE 3510–22–P Copies of this submission may be interests include any harvesting, obtained from Adrienne Thomas, PRA processing, lobbying, advocacy, or Officer, NOAA, 151 Patton Avenue, marketing activity that is being, or will
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16084 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
COMMITTEE FOR PURCHASE FROM 9150–00–281–2060—Lubricating Oil, to the Procurement List. This notice is PEOPLE WHO ARE BLIND OR Utility published pursuant to 41 U.S.C. 8503 SEVERELY DISABLED 9150–00–231–9045—Lubricating Oil, (a)(2) and 41 CFR 51–2.3. Utility, MMPV, 1 Gal. After consideration of the material Procurement List; Proposed additions 9150–00–231–9062—Lubricating Oil, presented to it concerning capability of Utility, CN/5 Gal. qualified nonprofit agencies to provide AGENCY: Committee for Purchase From Mandatory Source of Supply: The Lighthouse for the Blind, St. Louis, MO the services and impact of the additions People Who Are Blind or Severely on the current or most recent Disabled. Contracting Activity: DEFENSE LOGISTICS AGENCY, DLA AVIATION contractors, the Committee has ACTION: Proposed additions to the determined that the services listed Service Procurement List. below are suitable for procurement by Service Type: Mess Attendant Service the Federal Government under 41 U.S.C. SUMMARY: The Committee is proposing Mandatory for: US Air Force, Fairchild Air 8501–8506 and 41 CFR 51–2.4. to add products and a service to the Force Base, WA Procurement List that will be furnished Mandatory Source of Supply: Skils’kin, Regulatory Flexibility Act Certification Spokane, WA by nonprofit agencies employing I certify that the following action will persons who are blind or have other Contracting Activity: DEPT OF THE AIR FORCE, Air Force Nonappropriated not have a significant impact on a severe disabilities. Funds Purchasing Office, San Antonio, substantial number of small entities. DATES: Comments must be received on TX The major factors considered for this or before: April 19, 2020. certification were: Michael R. Jurkowski, ADDRESSES: Committee for Purchase 1. The action will not result in any Deputy Director, Business & PL Operations. From People Who Are Blind or Severely additional reporting, recordkeeping or Disabled, 1401 S. Clark Street, Suite [FR Doc. 2020–05937 Filed 3–19–20; 8:45 am] other compliance requirements for small 715, Arlington, Virginia 22202–4149. BILLING CODE 6353–01–P entities other than the small organizations that will furnish the FOR FURTHER INFORMATION CONTACT: For services to the Government. further information or to submit COMMITTEE FOR PURCHASE FROM 2. The action will result in comments contact: Michael R. PEOPLE WHO ARE BLIND OR authorizing small entities to furnish the Jurkowski, Telephone: (703) 603–2117, SEVERELY DISABLED services to the Government. Fax: (703) 603–0655, or email 3. There are no known regulatory [email protected]. Procurement List; Additions and alternatives which would accomplish SUPPLEMENTARY INFORMATION: This Deletions the objectives of the Javits-Wagner- notice is published pursuant to 41 AGENCY: Committee for Purchase From O’Day Act (41 U.S.C. 8501–8506) in U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its People Who Are Blind or Severely connection with the services proposed purpose is to provide interested persons Disabled. for addition to the Procurement List. an opportunity to submit comments on ACTION: the proposed actions. Additions to and deletions from End of Certification the Procurement List. Accordingly, the following services Additions SUMMARY: This action adds services to are added to the Procurement List: If the Committee approves the the Procurement List that will be Services proposed additions, the entities of the furnished by nonprofit agencies Service Type: Custodial Service Federal Government identified in this employing persons who are blind or notice will be required to procure the Mandatory for: Department of Defense have other severe disabilities, and Education Activity, Fort Campbell products and service listed below from deletes a product and services from the Schools, Fort Campbell, KY nonprofit agencies employing persons Procurement List previously furnished Mandatory Source of Supply: Global who are blind or have other severe by such agencies. Connections to Employment, Inc., disabilities. Pensacola, FL DATES: Date added to and deleted from The following products and service Contracting Activity: DEPT OF DEFENSE the Procurement List: April 19, 2020 are proposed for addition to the EDUCATION ACTIVITY (DODEA), DOD Procurement List for production by the ADDRESSES: Committee for Purchase EDUCATION ACTIVITY nonprofit agencies listed: From People Who Are Blind or Severely The Committee finds good cause to Disabled, 1401 S. Clark Street, Suite dispense with the 30-day delay in the Products 715, Arlington, Virginia, 22202–4149. effective date normally required by the NSNs—Product Names: FOR FURTHER INFORMATION CONTACT: Administrative Procedure Act. See 5 U.S.C. 6515–01–NIB–0262—Gloves, Patient Michael R. Jurkowski, Telephone: (703) 553(d). This addition to the Committee’s Examination and Treatment, Sand, 603–2117, Fax: (703) 603–0655, or email Procurement List is effectuated because of Large, For CLS 6545–01–677–4906 Only the expiration of the Custodial Service, 6510–01–NIB–2275—Bandage Kit, Elastic, [email protected]. DoDEA, Fort Campbell Schools, Fort For CLS 6545–01–677–4906 Only SUPPLEMENTARY INFORMATION: This Campbell, KY. The Federal customer 6515–01–NIB–1877—Shield, Eye, Surgical notice is published pursuant to 41 contacted, and has worked diligently with with Garter Shield Cover, White, For U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its the AbilityOne Program to fulfill this service CLS 6545–01–677–4906 Only purpose is to provide interested persons need under the AbilityOne Program. To 6510–01–NIB–2117—Bandage Gauze, For an opportunity to submit comments on avoid performance disruption, and the CLS 6545–01–677–4906 Only the proposed actions. possibility that the DoDEA will refer its Mandatory Source of Supply: Lighthouse business elsewhere, this addition must be Works, Orlando, FL Additions effective on March 31, 2020, ensuring timely Contracting Activity: DEFENSE LOGISTICS execution for a April 1, 2020, start date while AGENCY, DLA TROOP SUPPORT On 12/13/2020 and 12/20/2020, the still allowing 11 days for comment. Pursuant NSNs—Product Names: Committee for Purchase From People to its own regulation 41 CFR 51–2.4, the 9150–00–231–6689—Lubricating Oil, Who Are Blind or Severely Disabled Committee has been in contact with the Utility, 1 Qt. published notice of proposed additions affected parties, specifically the incumbent of
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16085
the expiring contract, since April 2019, and W6QM MICC–FT KNOX the objectives of the Javits-Wagner- determined that no severe adverse financial The Committee finds good cause to O’Day Act (41 U.S.C. 8501–8506) in impact exists. The Committee also published dispense with the 30-day delay in the connection with the product and a notice of proposed Procurement List effective date normally required by the addition in the Federal Register on December services deleted from the Procurement Administrative Procedure Act. See 5 U.S.C. List. 13, 2019, and did not receive any comments 553(d). This addition to the Committee’s from any interested persons, including from Procurement List is effectuated because of End of Certification the incumbent contractor. This addition will the expiration of the U.S. Army, Information Accordingly, the following product not create a public hardship and has limited Technology Service Desk Operations, Human effect on the public at large. This action will Resources Command, MICC, Fort Knox, KY and services are deleted from the create new jobs for other affected parties, contract. The Federal customer contacted and Procurement List: namely people with significant disabilities in has worked diligently with the AbilityOne Product the AbilityOne Program who otherwise face Program to fulfill this service need under the NSN—Product Name: challenges obtaining and maintaining AbilityOne Program. To avoid performance MR 11056—Grocery Shopping Tote Bag, employment. Moreover, this addition will disruption, and the possibility that the U.S. Laminated, Halloween, Trick or Treat, enable Federal customer operations to Army will refer its business elsewhere, this Small continue without interruption. addition must be effective on March 31, Mandatory Source of Supply: Industries for Service Type: Centralized Appointment Call 2020, ensuring timely execution for an April Center the Blind and Visually Impaired, Inc., 1, 2020, start date while still allowing 11 West Allis, WI Mandatory for: U.S. Air Force, Medical days for comment. Pursuant to its own Treatment Facility, Eglin Air Force Base, Contracting Activity: Military Resale-Defense regulation 41 CFR 51–2.4, the Committee Commissary Agency FL conducted an impact analysis on the current Mandatory Source of Supply: Bobby Dodd contractor and determined there will be no Services Institute, Inc., Atlanta, GA severe adverse financial impact as a result of Service Type: Switchboard Operation Contracting Activity: DEPT OF THE AIR the Committee’s decision. The contract value FORCE, FA2823 AFTC PZIO Mandatory for: Veterans Affairs Medical involved represents less than one-tenth of Center: 3601 South 6th Avenue, The Committee finds good cause to one percent (<0.01%) of the incumbent WASHIINGTON, DC dispense with the 30-day delay in the contractor’s annual revenue. The Committee Mandatory Source of Supply: Southern effective date normally required by the also published a notice of proposed Arizona Association for the Visually Administrative Procedure Act. See 5 U.S.C. Procurement List addition in the Federal Impaired deleted, Tucson, AZ 553(d). This addition to the Committee’s Register on December 20, 2019, and did not Contracting Activity: VETERANS AFFAIRS, Procurement List is effectuated because of receive any comments from any interested DEPARTMENT OF, NAC the expiration of the U.S. Air Force, Medical persons, including from the incumbent Service Type: Janitorial/Custodial Appointment and Referral Call Center contractor. This addition will not create a Mandatory for: Veterans Affairs Medical contract. The Federal customer contacted and public hardship and has limited effect on the Center, Omaha, NE has worked diligently with the AbilityOne public at large, and will create new jobs for Contracting Activity: VETERANS AFFAIRS, Program to fulfill this service need under the other affected parties—people with DEPARTMENT OF, NAC AbilityOne Program. To avoid performance significant disabilities in the AbilityOne Service Type: Custodial Services disruption, and the possibility that the U.S. Program who otherwise face challenges Mandatory for: Food and Drug Air Force will refer its business elsewhere, obtaining and maintaining employment. Administration, 1114 Market Street (9th this addition must be effective on March 31, Moreover, this addition will enable Federal & 10th floors only), St. Louis, MO 2020, ensuring timely execution for an April customer operations to continue without Mandatory Source of Supply: MGI Services 1, 2020, start date while still allowing 11 interruption. Corporation, St. Louis, MO days for comment. Pursuant to its own Contracting Activity: PUBLIC BUILDINGS regulation 41 CFR 51–2.4, the Committee Deletions SERVICE, GSA/PUBLIC BUILDINGS conducted an impact analysis on the current On 2/14/2020, the Committee for SERVICE contractor and determined that no severe adverse financial impact will result from the Purchase From People Who Are Blind Service Type: Janitorial/Custodial Committee’s decision. The incumbent or Severely Disabled published notice of Mandatory for: U.S. Federal Building and graduated from the Small Business proposed deletions from the Post Office, Bozeman, MT Administration’s 8(a) Program, and is no Procurement List. Contracting Activity: GENERAL SERVICES longer eligible for award of the requirement, After consideration of the relevant ADMINISTRATION, FPDS AGENCY COORDINATOR which will remain under the 8(a) Program if matter presented, the Committee has not placed on the Procurement List. The determined that the product and Service Type: Janitorial/Custodial Committee also published a notice of Mandatory for: Federal Center: 620 Central services listed below are no longer Avenue, Alameda, CA proposed Procurement List addition in the suitable for procurement by the Federal Federal Register on December 13, 2019, and Mandatory Source of Supply: Rubicon did not receive any comments from any Government under 41 U.S.C. 8501–8506 Programs, Inc., Richmond, CA interested persons, including from the and 41 CFR 51–2.4. Contracting Activity: GENERAL SERVICES ADMINISTRATION, FPDS AGENCY incumbent contractor. This addition will not Regulatory Flexibility Act Certification create a public hardship and has limited COORDINATOR effect on the public at large, but, rather, will I certify that the following action will Service Type: Janitorial/Custodial create new jobs for other affected parties— not have a significant impact on a Mandatory for: Southeast Federal Center: people with significant disabilities in the substantial number of small entities. Building at 49 L Street SE, Washington, AbilityOne Program who otherwise face The major factors considered for this DC challenges obtaining and maintaining certification were: Mandatory Source of Supply: Davis Memorial employment. Moreover, this addition will 1. The action will not result in Goodwill Industries, Washington, DC enable Federal customer operations to Contracting Activity: PUBLIC BUILDINGS continue without interruption. additional reporting, recordkeeping or SERVICE, WPHCC—WEST O&M other compliance requirements for small Service Type: Information Technology CONTRACTS BRANCH Service Desk Operations entities. Service Type: Custodial Services Mandatory for: US Army, Human Resources 2. The action may result in Mandatory for: DLA WARREN DEPOT, Command, Fort Knox, KY authorizing small entities to furnish the WARREN OH Mandatory Source of Supply: InspiriTec, Inc., product and services to the Government. Mandatory Source of Supply: VGS, Inc., Philadelphia, PA 3. There are no known regulatory Cleveland, OH Contracting Activity: DEPT OF THE ARMY, alternatives which would accomplish Contracting Activity: DEFENSE LOGISTICS
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16086 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
AGENCY, DLA STRATEGIC Mandatory Source of Supply: Portco, Inc., information collection by selecting MATERIALS Portsmouth, VA ‘‘Currently under 30-day Review—Open Service Type: Janitorial/Custodial Contracting Activity: DEPT OF THE ARMY, for Public Comments’’ or by using the Mandatory for: Social Security W6QK ACC–PICA search function. Administration, Clinton, MD Service Type: Janitorial/Grounds Mandatory Source of Supply: Davis Memorial Maintenance FOR FURTHER INFORMATION CONTACT: Goodwill Industries, Washington, DC Mandatory for: Tucson Air Operations, Angela James, 571–372–7574, or Contracting Activity: GENERAL SERVICES Tucson, AZ whs.mc-alex.esd.mbx.dd-dod- ADMINISTRATION, FPDS AGENCY Mandatory Source of Supply: J.P. Industries, [email protected]. COORDINATOR Inc., Tucson, AZ SUPPLEMENTARY INFORMATION: Service Type: Janitorial/Custodial Contracting Activity: U.S. CUSTOMS AND Mandatory for: U.S. Army Reserve Center: BORDER PROTECTION, BORDER Title; Associated Form; and OMB 271 Hedges Street Scouten, Mansfield, ENFORCEMENT CONTRACTING Number: Supplier Self-Services (SUS); OH DIVISION OMB Control Number 0702–0126. Contracting Activity: DEPT OF THE ARMY, Service Type: Facility Support Services Type of Request: Extension. W6QM MICC FT MCCOY (RC) Mandatory for: Social Security Number of Respondents: 8,668. Service Type: Janitorial/Custodial Service Administration: Southeastern Program Responses per Respondent: 12. Mandatory for: Social Security Service Center, Birmingham, AL Administration District Office Building, Mandatory Source of Supply: Alabama Annual Responses: 104,016. Montclair, New Jersey Goodwill Industries, Inc., Birmingham, Average Burden per Response: 6 Mandatory Source of Supply: Fedcap AL minutes. Rehabilitation Services, Inc., New York, Contracting Activity: SOCIAL SECURITY Annual Burden Hours: 10,402. NY ADMINISTRATION, REGION 04— Needs and Uses: The information Contracting Activity: PUBLIC BUILDINGS SOUTHEAST PROGRAM SERVICE collection requirement via SUS is SERVICE, GSA PBS R2 ACQUISITION CENTER MANAGEMENT DIVISION necessary to reduce the amount and Service Type: Demilitarization of Military complexity of required input by vendors Service Type: Janitorial/Custodial Hardware Mandatory for: Fort McPherson: USARC Mandatory for: Robins Air Force Base, Robins that manually enter invoice data into Headquarters, Atlanta, GA AFB, GA Wide Area Workflow (WAWF) (not Contracting Activity: DEPT OF THE ARMY, Contracting Activity: DEPT OF THE AIR those utilizing Electronic Data W6QM MICC–FDO FT SAM HOUSTON FORCE, FA8501 AFSC PZIO Interchange (EDI)). By pre-populating Service Type: Litter Pickup Service Type: Operation of Postal Service fields with accurate and up-to-date Mandatory for: Robins Air Force Base, Robins Center contract information, vendors are AFB, GA Mandatory for: Shaw Air Force Base, Shaw required to input significantly less data. Contracting Activity: DEPT OF THE AIR AFB, SC Additionally, SUS simultaneously FORCE, FA8501 AFSC PZIO Contracting Activity: DEPT OF THE AIR performs a front-end validation of Service Type: Vehicle Retrofitting Srvc FORCE, FA4803 20 CONS LGCA submitted data, thus ensuring less limited to FPI surplus manual intervention and fewer interest Mandatory for: Good Vocations, Inc., Macon, Michael R. Jurkowski, GA Deputy Director, Business & PL Operations. penalties incurred by the government. Mandatory Source of Supply: Good [FR Doc. 2020–05938 Filed 3–19–20; 8:45 am] Affected Public: Business or other for- profit. Vocations, Inc., Macon, GA BILLING CODE 6353–01–P Contracting Activity: BUREAU OF Frequency: On occasion. CUSTOMS AND BORDER Respondent’s Obligation: Voluntary. PROTECTION, SBI ACQUISITION OFFICE DEPARTMENT OF DEFENSE OMB Desk Officer: Ms. Jasmeet Seehra. Service Type: Administrative Service Mandatory for: Federal Office Building: 225 Department of the Army You may also submit comments and W. King Street, Martinsburg, WV recommendations, identified by Docket [Docket ID: USA–2020–HQ–0001] Mandatory Source of Supply: Job Squad, Inc., ID number and title, by the following Bridgeport, WV Submission for OMB Review; method: Contracting Activity: GENERAL SERVICES • Comment Request Federal eRulemaking Portal: http:// ADMINISTRATION, FPDS AGENCY www.regulations.gov. Follow the COORDINATOR AGENCY: Assistant Secretary of the Army instructions for submitting comments. Service Type: Administrative Support, for Financial Management & Instructions: All submissions received Supply and Warehousing Service Comptroller, DoD. Mandatory for: Orlando Naval Training must include the agency name, Docket Center, Orlando, FL ACTION: 30-day information collection ID number, and title for this Federal Contracting Activity: DEPT OF THE NAVY, notice. Register document. The general policy NAVAL AIR WARFARE CENTER for comments and other submissions Service Type: Grounds Maintenance SUMMARY: The Department of Defense from members of the public is to make Mandatory for: Fort Gillem: SE Army Reserve has submitted to OMB for clearance the these submissions available for public Intelligence Center, Fort Gillem, GA following proposal for collection of viewing on the internet at http:// Contracting Activity: DEPT OF THE ARMY, information under the provisions of the www.regulations.gov as they are W40M RHCO–ATLANTIC USAHCA Paperwork Reduction Act. received without change, including any Service Type: Grounds Maintenance DATES: Consideration will be given to all personal identifiers or contact Mandatory for: U.S. Army Reserve Center: comments received by April 20, 2020. information. 1011 George Boulevard, Akron, OH Contracting Activity: DEPT OF THE ARMY, ADDRESSES: Written comments and DOD Clearance Officer: Ms. Angela W40M RHCO–ATLANTIC USAHCA recommendations for the proposed James. Service Type: Janitorial/Custodial information collection should be sent Requests for copies of the information Mandatory for: US Army Reserve, SGT within 30 days of publication of this collection proposal should be sent to George Lenkalis USARC, West Hazleton, notice to www.reginfo.gov/public/do/ Ms. James at whs.mc-alex.esd.mbx.dd- PA PRAMain. Find this particular [email protected].
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16087
Dated: March 17, 2020. You may also submit comments and Title; Associated Form; and OMB Aaron T. Siegel, recommendations, identified by Docket Number: Military Spouse Employment Alternate OSD Federal Register Liaison ID number and title, by the following Partnership (MSEP) Career Portal; OMB Officer, Department of Defense. method: Control Number 0704–0563. • [FR Doc. 2020–05945 Filed 3–19–20; 8:45 am] Federal eRulemaking Portal: http:// Type of Request: Renewal. www.regulations.gov. Follow the BILLING CODE 5001–06–P Number of Respondents: instructions for submitting comments. Instructions: All submissions received Military Spouses: 22,000. DEPARTMENT OF DEFENSE must include the agency name, Docket MSEP Partners: 300. ID number, and title for this Federal Businesses/Companies: 150. Office of the Secretary Register document. The general policy Total Respondents: 22,450. [Docket ID: DoD–2020–OS–0012] for comments and other submissions from members of the public is to make Responses per Respondent: 1. Annual Responses: 22,450. Submission for OMB Review; these submissions available for public Comment Request viewing on the internet at http:// Average Burden per Response: www.regulations.gov as they are Military Spouses: 45 minutes. AGENCY: Defense Finance and received without change, including any MSEP Partners: 25 minutes. Accounting Services (DFAS), DoD. personal identifiers or contact Businesses/Companies: 15 minutes. ACTION: 30-day information collection information. notice. DOD Clearance Officer: Ms. Angela Annual Burden Hours: James. Military Spouses: 16,500 hours. SUMMARY: The Department of Defense Requests for copies of the information MSEP Partners: 125 hours. has submitted to OMB for clearance the collection proposal should be sent to following proposal for collection of Ms. James at whs.mc-alex.esd.mbx.dd- Businesses/Companies: 38 hours. information under the provisions of the [email protected]. Total: 16,663 hours. Paperwork Reduction Act. Needs and Uses: The information Dated: March 17, 2020. DATES: collection requirement is necessary to Consideration will be given to all Aaron T. Siegel, comments received by April 20, 2020. allow MSEP users to directly search for Alternate OSD Federal Register Liaison ADDRESSES: Written comments and employment opportunities with MSEP Officer, Department of Defense. business partners. recommendations for the proposed [FR Doc. 2020–05949 Filed 3–19–20; 8:45 am] information collection should be sent Affected Public: Business or other for- BILLING CODE 5001–06–P within 30 days of publication of this profit; individuals or households. notice to www.reginfo.gov/public/do/ Frequency: On occasion. PRAMain. Find this particular DEPARTMENT OF DEFENSE Respondent’s Obligation: Voluntary. information collection by selecting OMB Desk Officer: Ms. Jasmeet ‘‘Currently under 30-day Review—Open Office of the Secretary Seehra. for Public Comments’’ or by using the [Docket ID: DoD–2020–OS–0010] You may also submit comments and search function. recommendations, identified by Docket FOR FURTHER INFORMATION CONTACT: Submission for OMB Review; ID number and title, by the following Angela James, 571–372–7574, or Comment Request method: whs.mc-alex.esd.mbx.dd-dod- • Federal eRulemaking Portal: http:// AGENCY: Office of the Under Secretary of [email protected]. www.regulations.gov. Follow the Defense for Personnel & Readiness, DoD. SUPPLEMENTARY INFORMATION: instructions for submitting comments. ACTION: 30-day information collection Title; Associated Form; and OMB Instructions: All submissions received notice. Number: Application for Former Spouse must include the agency name, Docket Payments From Retired Pay, DD Form SUMMARY: The Department of Defense ID number, and title for this Federal 2293; OMB Number 0730–0008. has submitted to OMB for clearance the Register document. The general policy Type of Request: Extension. following proposal for collection of for comments and other submissions Number of Respondents: 25,000. information under the provisions of the from members of the public is to make Responses per Respondent: 1. Paperwork Reduction Act. these submissions available for public Annual Responses: 25,000. DATES: Consideration will be given to all viewing on the internet at http:// Average Burden per Response: 30 comments received by April 20, 2020. www.regulations.gov as they are minutes. received without change, including any ADDRESSES: Written comments and Annual Burden Hours: 12,500. personal identifiers or contact recommendations for the proposed Needs and Uses: The information information. collection requirement is necessary to information collection should be sent within 30 days of publication of this DOD Clearance Officer: Ms. Angela provide DFAS with the basic data James. needed to process court orders for notice to www.reginfo.gov/public/do/ PRAMain. Find this particular Requests for copies of the information division of military retired pay as collection proposal should be sent to property or order alimony and child information collection by selecting ‘‘Currently under 30-day Review—Open Ms. James at whs.mc-alex.esd.mbx.dd- support payment from that retired pay [email protected]. per Title 10 U.S.C. 1408. for Public Comments’’ or by using the Affected Public: Individuals or search function. Dated: March 17, 2020. households. FOR FURTHER INFORMATION CONTACT: Aaron T. Siegel, Frequency: On occasion. Angela James, 571–372–7574, or Alternate OSD Federal Register Liaison Respondent’s Obligation: Voluntary. whs.mc-alex.esd.mbx.dd-dod- Officer, Department of Defense. OMB Desk Officer: Ms. Jasmeet [email protected]. [FR Doc. 2020–05944 Filed 3–19–20; 8:45 am] Seehra. SUPPLEMENTARY INFORMATION: BILLING CODE 5001–06–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16088 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
DEPARTMENT OF DEFENSE Instructions: All submissions received Annual Responses: 7,200. must include the agency name, Docket Average Burden per Response: 1 hour. Office of the Secretary ID number, and title for this Federal Annual Burden Hours: 7,200. Needs and Uses: Child annuitants, [Docket ID: DoD–2020–OS–0009] Register document. The general policy for comments and other submissions between the ages of 18 and 22 years of Submission for OMB Review; from members of the public is to make age, must provide evidence of intent to Comment Request these submissions available for public continue study or training at a viewing on the internet at http:// recognized educational institution. The AGENCY: Office of the Under Secretary of www.regulations.gov as they are certificate is required for the school Defense for Personnel & Readiness, DoD. received without change, including any semester or other period in which the ACTION: 30-day information collection personal identifiers or contact school year is divided. Without this notice. information. certification, funds cannot be released to DOD Clearance Officer: Ms. Angela annuitant/payee. SUMMARY: The Department of Defense James. Affected Public: Individuals or has submitted to OMB for clearance the Requests for copies of the information households. following proposal for collection of collection proposal should be sent to Frequency: Once each semester of full information under the provisions of the Ms. James at whs.mc-alex.esd.mbx.dd- time school, ages 18 to 22. Paperwork Reduction Act. [email protected]. Respondent’s Obligation: Voluntary. DATES: OMB Desk Officer: Ms. Jasmeet Consideration will be given to all Dated: March 17, 2020. comments received by April 20, 2020. Seehra. Aaron T. Siegel, You may also submit comments and ADDRESSES: Written comments and Alternate OSD Federal Register Liaison recommendations, identified by Docket recommendations for the proposed Officer, Department of Defense. information collection should be sent ID number and title, by the following [FR Doc. 2020–05946 Filed 3–19–20; 8:45 am] within 30 days of publication of this method: BILLING CODE 5001–06–P • Federal eRulemaking Portal: http:// notice to www.reginfo.gov/public/do/ www.regulations.gov. Follow the PRAMain. Find this particular instructions for submitting comments. information collection by selecting DEPARTMENT OF DEFENSE Instructions: All submissions received ‘‘Currently under 30-day Review—Open must include the agency name, Docket for Public Comments’’ or by using the Office of the Secretary ID number, and title for this Federal search function. [Docket ID: DoD–2020–OS–0011] Register document. The general policy FOR FURTHER INFORMATION CONTACT: for comments and other submissions Angela James, 571–372–7574, or Submission for OMB Review; from members of the public is to make whs.mc-alex.esd.mbx.dd-dod- Comment Request these submissions available for public [email protected]. viewing on the internet at http:// AGENCY: Defense Finance and SUPPLEMENTARY INFORMATION: www.regulations.gov as they are Accounting Services (DFAS), DoD. Title; Associated Form; and OMB received without change, including any Number: Application for Identification ACTION: 30-Day information collection personal identifiers or contact Card/DEERS Enrollment; DD Form notice. information. 1172–2; OMB Control Number 0704– SUMMARY: The Department of Defense DOD Clearance Officer: Ms. Angela 0415. has submitted to OMB for clearance the James. Type of Request: Renewal. following proposal for collection of Requests for copies of the information Number of Respondents: 2,700,000. information under the provisions of the collection proposal should be sent to Responses per Respondent: 1. Paperwork Reduction Act. Ms. James at whs.mc-alex.esd.mbx.dd- Annual Responses: 2,700,000. [email protected]. DATES: Consideration will be given to all Average Burden per Response: 3 Dated: March 17, 2020. minutes. comments received by April 20, 2020. Aaron T. Siegel, Annual Burden Hours: 135,000. ADDRESSES: Written comments and Needs and Uses: The information recommendations for the proposed Alternate OSD Federal Register Liaison Officer, Department of Defense. collected is used to determine an information collection should be sent individual’s eligibility for benefits and within 30 days of publication of this [FR Doc. 2020–05948 Filed 3–19–20; 8:45 am] privileges, to provide a proper notice to www.reginfo.gov/public/do/ BILLING CODE 5001–06–P identification card reflecting those PRAMain. Find this particular benefits and privileges, and to maintain information collection by selecting DEPARTMENT OF DEFENSE a centralized database of the eligible ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the population. Department of the Navy Affected Public: Individuals or search function. households. FOR FURTHER INFORMATION CONTACT: [Docket ID: USN–2020–HQ–0001] Frequency: On occasion. Angela James, 571–372–7574, or Respondent’s Obligation: Voluntary. whs.mc-alex.esd.mbx.dd-dod- Submission for OMB Review; OMB Desk Officer: Ms. Jasmeet [email protected]. Comment Request Seehra. SUPPLEMENTARY INFORMATION: AGENCY: The Office of the Secretary of You may also submit comments and Title; Associated Form; and OMB the Navy, DoD. recommendations, identified by Docket Number: Child Annuitant’s School ACTION: 30-day information collection ID number and title, by the following Certification; DD Form 2788; OMB notice. method: Control Number 0730–0001. • Federal eRulemaking Portal: http:// Type of Request: Extension. SUMMARY: The Department of Defense www.regulations.gov. Follow the Number of Respondents: 7,200. has submitted to OMB for clearance the instructions for submitting comments. Responses per Respondent: 1. following proposal for collection of
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16089
information under the provisions of the these submissions available for public Phone Responses Paperwork Reduction Act. viewing on the internet at http:// Number of Respondents: 4,117. DATES: Consideration will be given to all www.regulations.gov as they are Responses per Respondent: 5. comments received by April 20, 2020. received without change, including any Annual Responses: 20,585. ADDRESSES: Written comments and personal identifiers or contact recommendations for the proposed information. Average Burden per Response: 20 information collection should be sent DOD Clearance Officer: Ms. Angela minutes. within 30 days of publication of this James. Annual Burden Hours: 6,861.7. Requests for copies of the information notice to www.reginfo.gov/public/do/ Heat PRAMain. Find this particular collection proposal should be sent to information collection by selecting Ms. James at whs.mc-alex.esd.mbx.dd- Number of Respondents: 1,658. ‘‘Currently under 30-day Review—Open [email protected]. Responses per Respondent: 1. for Public Comments’’ or by using the Dated: March 17, 2020. Annual Responses: 1,658. search function. Aaron T. Siegel, Average Burden per Response: 10 FOR FURTHER INFORMATION CONTACT: Alternate OSD Federal Register Liaison minutes. Angela James, 571–372–7574, or Officer, Department of Defense. Annual Burden Hours: 276.3. whs.mc-alex.esd.mbx.dd-dod- [FR Doc. 2020–05947 Filed 3–19–20; 8:45 am] Total Number of Respondents: 14,009. [email protected]. BILLING CODE 5001–06–P Total Number of Annual Responses: SUPPLEMENTARY INFORMATION: 63,413. Title; Associated Form; and OMB DEPARTMENT OF DEFENSE Total Respondent Burden Hours: Number: Naval Sea Systems Command 20,861. and Field Activity Visitor Access Needs and Uses: 10 United States Request; NAVSEA 5500/1 NAVSEA Department of the Navy Code, Section 1056 requires the Visitor Sign In/Out Sheet; OMB Control [Docket ID: USN–2020–HQ–0002] provision of relocation assistance to Number 0703–0055. military members and their families. Type of Request: Extension. Submission for OMB Review; Requirements include provision of Number of Respondents: 5,200. Comment Request Responses per Respondent: 1. information on housing costs/ availability and home finding services. Annual Responses: 5,200. AGENCY: The Office of the Secretary of Average Burden per Response: 15 the Navy, DoD. The Enterprise Military Housing System minutes. (eMH) includes a public website ACTION: 30-day information collection (HOMES.mil) which collects Annual Burden Hours: 1,300. notice. Needs and Uses: The information information needed to facilitate military collection requirement is necessary for SUMMARY: The Department of Defense personnel searching for suitable Naval Sea Systems Command and Naval has submitted to OMB for clearance the community rental housing within close Sea Systems Command Field Activity’s following proposal for collection of proximity to military installations. at Washington Navy Yard, Washington information under the provisions of the Affected Public: Business or other for- DC to verify that visitors who have Paperwork Reduction Act. profit; individuals or households. appropriate credentials, clearance level, DATES: Consideration will be given to all Frequency: On occasion. and need-to-know are granted access to comments received by April 20, 2020. Respondent’s Obligation: Voluntary. NAVSEA spaces, if they have clearance ADDRESSES: Written comments and OMB Desk Officer: Ms. Jasmeet for classified information, and allows recommendations for the proposed Seehra. NAVSEA Security to keep record of information collection should be sent You may also submit comments and visitors to NAVSEA spaces. within 30 days of publication of this recommendations, identified by Docket Respondents are Navy support notice to www.reginfo.gov/public/do/ ID number and title, by the following contractors, individuals from other PRAMain. Find this particular method: agencies visiting the Command and information collection by selecting • Federal eRulemaking Portal: http:// Field Activities, various members of the ‘‘Currently under 30-day Review—Open www.regulations.gov. Follow the public. for Public Comments’’ or by using the instructions for submitting comments. Affected Public: Individuals or search function. households. Instructions: All submissions received Frequency: On occasion. FOR FURTHER INFORMATION CONTACT: must include the agency name, Docket Respondent’s Obligation: Voluntary. Angela James, 571–372–7574, or ID number, and title for this Federal OMB Desk Officer: Ms. Jasmeet whs.mc-alex.esd.mbx.dd-dod- Register document. The general policy Seehra. [email protected]. for comments and other submissions You may also submit comments and SUPPLEMENTARY INFORMATION: from members of the public is to make recommendations, identified by Docket Title; Associated Form; and OMB these submissions available for public ID number and title, by the following Number: Enterprise Military Housing II; viewing on the internet at http:// method: OMB Control Number 0703–0066. www.regulations.gov as they are • Federal eRulemaking Portal: http:// Type of Request: Revision. received without change, including any www.regulations.gov. Follow the personal identifiers or contact instructions for submitting comments. Homes.mil information. Instructions: All submissions received Number of Respondents: 8,234. DOD Clearance Officer: Ms. Angela must include the agency name, Docket Responses per Respondent: 5. James. ID number, and title for this Federal Annual Responses: 41,170. Requests for copies of the information Register document. The general policy Average Burden Per Response: 20 collection proposal should be sent to for comments and other submissions minutes. Ms. James at whs.mc-alex.esd.mbx.dd- from members of the public is to make Annual Burden Hours: 13,723.3. [email protected].
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16090 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Dated: March 17, 2020. opportunity to comment on proposed, DEPARTMENT OF ENERGY Aaron T. Siegel, revised, and continuing collections of [OE Docket No. EA–365–B] Alternate OSD Federal Register Liaison information. This helps the Department Officer, Department of Defense. assess the impact of its information Application To Export Electric Energy; [FR Doc. 2020–05953 Filed 3–19–20; 8:45 am] collection requirements and minimize Centre Lane Trading Limited BILLING CODE 3810–FF–P the public’s reporting burden. It also helps the public understand the AGENCY: Office of Electricity, Department’s information collection Department of Energy. DEPARTMENT OF EDUCATION requirements and provide the requested ACTION: Notice of application. data in the desired format. ED is [Docket No.: ED–2020–SCC–0050] soliciting comments on the proposed SUMMARY: Centre Lane Trading Limited information collection request (ICR) that (Applicant or CLT) has applied to renew Agency Information Collection its authorization to transmit electric Activities; Comment Request; Request is described below. The Department of Education is especially interested in energy from the United States to Canada for Title IV Reimbursement or pursuant to the Federal Power Act. Heightened Cash Monitoring 2 (HCM2) public comment addressing the following issues: (1) Is this collection DATES: Comments, protests, or motions AGENCY: Federal Student Aid (FSA), necessary to the proper functions of the to intervene must be submitted on or Department of Education (ED). Department; (2) will this information be before April 20, 2020. ACTION: Notice. processed and used in a timely manner; ADDRESSES: Comments, protests, (3) is the estimate of burden accurate; motions to intervene, or requests for SUMMARY: In accordance with the (4) how might the Department enhance more information should be addressed Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the to: Office of Electricity, Mail Code: OE– proposing an extension of an existing information to be collected; and (5) how 20, U.S. Department of Energy, 1000 information collection. might the Department minimize the Independence Avenue SW, Washington, DATES: Interested persons are invited to burden of this collection on the DC 20585–0350. Because of delays in submit comments on or before May 19, respondents, including through the use handling conventional mail, it is 2020. of information technology. Please note recommended that documents be ADDRESSES: To access and review all the that written comments received in transmitted by overnight mail, by documents related to the information response to this notice will be electronic mail to Electricity.Exports@ collection listed in this notice, please considered public records. hq.doe.gov, or by facsimile to (202) 586– use http://www.regulations.gov by Title of Collection: Request for Title 8008. searching the Docket ID number ED– IV Reimbursement or Heightened Cash SUPPLEMENTARY INFORMATION: The 2020–SCC–0050. Comments submitted Monitoring 2 (HCM2). Department of Energy (DOE) regulates in response to this notice should be OMB Control Number: 1845–0089. exports of electricity from the United submitted electronically through the Type of Review: An extension of an States to a foreign country, pursuant to Federal eRulemaking Portal at http:// existing information collection. sections 301(b) and 402(f) of the www.regulations.gov by selecting the Respondents/Affected Public: Private Department of Energy Organization Act Docket ID number or via postal mail, Sector. (42 U.S.C. 7151(b) and 7172(f)). Such Total Estimated Number of Annual commercial delivery, or hand delivery. exports require authorization under Responses: 732. If the regulations.gov site is not section 202(e) of the Federal Power Act Total Estimated Number of Annual available to the public for any reason, (16 U.S.C. 824a(e)). Burden Hours: 762. ED will temporarily accept comments at On June 29, 2015, DOE issued Order Abstract: The collection of this [email protected]. Please include the EA–365–A, which authorized CLT to information is needed in order for the docket ID number and the title of the transmit electric energy from the United Payment Analysts in Federal Student information collection request when States to Canada as a power marketer for Aid, an office of the U. S. Department requesting documents or submitting a five-year term using existing of Education, to review and process the comments. Please note that comments international transmission facilities institutional payment request for Title submitted by fax or email and those appropriate for open access. The IV funds. The Higher Education Act of submitted after the comment period will authorization expires on June 9, 2020. 1965, as amended (HEA) requires that not be accepted. Written requests for On March 5, 2020, CLT filed an the Secretary prescribe regulations to information or comments submitted by application (Application or App.) with ensure that any funds eligible postal mail or delivery should be DOE for renewal of the export postsecondary institutions receive addressed to the Director of the Strategic authorization contained in Order No. under the HEA are used solely for the Collections and Clearance Governance EA–365–B. CLT states that it ‘‘is a purposes specified in and in accordance and Strategy Division, U.S. Department private company organized under the with the provision of the applicable of Education, 400 Maryland Ave. SW, Business Corporations Act (Ontario, program. 34 CFR 668.161 and 668.162 LBJ, Room 6W–208D, Washington, DC Canada) with its principal place of establish the rules and procedures for a 20202–4537. business in Toronto, Ontario Canada’’ participating institution to request, FOR FURTHER INFORMATION CONTACT: For and is ‘‘wholly owned by Mackie maintain, disburse, and manage Title IV specific questions related to collection Research Financial Corporation’’ App. program funds. activities, please contact Beth at 2. The Applicant further states that it Grebeldinger, 202–377–4018. Dated: March 17, 2020. ‘‘will purchase the power to be exported SUPPLEMENTARY INFORMATION: The Kate Mullan, from electric utilities and federal power Department of Education (ED), in PRA Coordinator, Strategic Collections and marketing agencies pursuant to accordance with the Paperwork Clearance Governance and Strategy Division, voluntary agreements.’’ Id. CLT Reduction Act of 1995 (PRA) (44 U.S.C. Office of Chief Data Officer. contends that its proposed exports ‘‘will 3506(c)(2)(A)), provides the general [FR Doc. 2020–05895 Filed 3–19–20; 8:45 am] not impede the coordinated use of public and Federal agencies with an BILLING CODE 4000–01–P transmission facilities within the
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16091
meaning of [section 202(e) of the DEPARTMENT OF ENERGY Generator Status of Triple H Wind Federal Power Act],’’ and that its Project, LLC. exports of electricity ‘‘will not impede Federal Energy Regulatory Filed Date: 3/16/20. or tend to impede the regional Commission Accession Number: 20200316–5047. coordination of electric utility planning Comments Due: 5 p.m. ET 4/6/20. Notice of Change in Meeting or operations.’’ Id. at 3. The existing Docket Numbers: EG20–101–000. international transmission facilities to Upon the affirmative votes of Applicants: Las Lomas Wind Project, be utilized by the Applicant have Chairman Chatterjee and LLC. Description: Notice of Self- previously been authorized by Commissioners Glick and McNamee, Certification of Exempt Wholesale Presidential permits issued pursuant to this Notice hereby cancels the Generator Status of Las Lomas Wind Executive Order 10485, as amended, Commission meeting scheduled for March 19, 2020. All orders listed on the Project, LLC. and are appropriate for open access Filed Date: 3/16/20. Sunshine Act Notice that was published transmission by third parties. Accession Number: 20200316–5048. on March 12, 2020, will be processed by Procedural Matters: Any person Comments Due: 5 p.m. ET 4/6/20. notational voting. desiring to be heard in this proceeding Docket Numbers: EG20–102–000. should file a comment or protest to the Issued: March 13, 2020. Applicants: Prairie Hill Wind Project, Application at the address provided Kimberly D. Bose, LLC. above. Protests should be filed in Secretary. Description: Notice of Self- accordance with Rule 211 of the Federal [FR Doc. 2020–05907 Filed 3–19–20; 8:45 am] Certification of Exempt Wholesale Energy Regulatory Commission’s (FERC) BILLING CODE 6717–01–P Generator Status of Prairie Hill Wind Rules of Practice and Procedure (18 CFR Project, LLC. Filed Date: 3/16/20. 385.211). Any person desiring to DEPARTMENT OF ENERGY Accession Number: 20200316–5049. become a party to this proceeding Comments Due: 5 p.m. ET 4/6/20. should file a motion to intervene at the Federal Energy Regulatory Take notice that the Commission above address in accordance with FERC Commission received the following electric rate Rule 214 (18 CFR 385.214). Two (2) filings: copies of such comments, protests, or Combined Notice of Filings #1 Docket Numbers: ER10–1819–024; motions to intervene should be sent to Take notice that the Commission ER10–1820–027; ER10–1874–010; the address provided above on or before received the following electric corporate ER19–9–004. the date listed above. filings: Applicants: Northern States Power Comments and other filings Docket Numbers: EC20–46–000. Company a Minnesota corporation, concerning CLT’s application to export Applicants: AltaGas Pomona Energy Northern States Power Company a electric energy to Canada should be Storage Inc. Wisconsin corporation, Mankato Energy clearly marked with OE Docket No. EA– Description: Application for Center, LLC, Mankato Energy Center II, 365–B. Additional copies are to be Authorization Under Section 203 of the LLC. provided directly to Jason Brandt, Federal Power Act, et al. of AltaGas Description: Notice of Change in Centre Lane Trading Limited, 199 Bay Pomona Energy Storage Inc. Status of Northern States Power Street, Suite 4500, Toronto, Ontario, Filed Date: 3/13/20. Company, a Minnesota corporation, et Canada M5L 1G2. Accession Number: 20200313–5245. al. Comments Due: 5 p.m. ET 4/3/20. Filed Date: 3/13/20. A final decision will be made on this Accession Number: 20200313–5205. Application after the environmental Take notice that the Commission Comments Due: 5 p.m. ET 4/3/20. received the following exempt impacts have been evaluated pursuant Docket Numbers: ER17–827–004. wholesale generator filings: to DOE’s National Environmental Policy Applicants: Midcontinent Act Implementing Procedures (10 CFR Docket Numbers: EG20–98–000. Independent System Operator, Inc., part 1021) and after DOE determines Applicants: Johanna Energy Center, Entergy Services, LLC. LLC. that the proposed action will not have Description: Compliance filing: Description: Notice of Self- an adverse impact on the sufficiency of 2020–03–13_Entergy Attachment O Certification of Exempt Wholesale Compliance Filing to be effective supply or reliability of the U.S. electric Generator Status, LLC. power supply system. 6/1/2015. Filed Date: 3/13/20. Filed Date: 3/13/20. Copies of this Application will be Accession Number: 20200313–5194. Accession Number: 20200313–5154. made available, upon request, for public Comments Due: 5 p.m. ET 4/3/20. Comments Due: 5 p.m. ET 4/3/20. inspection and copying at the address Docket Numbers: EG20–99–000. Docket Numbers: ER20–649–001. provided above, by accessing the Applicants: Dakota Range III, LLC. Applicants: AEP Energy Partners, Inc. program website at http://energy.gov/ Description: Notice of Self- Description: Compliance filing: MBR node/11845, or by emailing Matthew Certification of Exempt Wholesale Tariff, FERC Electric Tariff for Market Aronoff at [email protected]. Generator Status of Dakota Range III, Based Sales to be effective 1/1/2020. LLC. Filed Date: 3/16/20. Signed in Washington, DC, on March 16, Filed Date: 3/16/20. Accession Number: 20200316–5075. 2020. Accession Number: 20200316–5045. Comments Due: 5 p.m. ET 4/6/20. Christopher Lawrence, Comments Due: 5 p.m. ET 4/6/20. Docket Numbers: ER20–652–001. Management and Program Analyst, Docket Numbers: EG20–100–000. Applicants: Public Service Company Transmission Permitting and Technical Applicants: Triple H Wind Project, of Oklahoma. Assistance, Office of Electricity. LLC. Description: Compliance filing: [FR Doc. 2020–05954 Filed 3–19–20; 8:45 am] Description: Notice of Self- Market-Based Rates Tariff to be effective BILLING CODE 6450–01–P Certification of Exempt Wholesale 1/1/2020.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16092 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Filed Date: 3/16/20. Order 864 for Accumulated Deferred Description: Pre-Arranged/Pre-Agreed Accession Number: 20200316–5071. Income Taxes to be effective 1/27/2020. (Settlement and Settlement Agreement) Comments Due: 5 p.m. ET 4/6/20. Filed Date: 3/16/20. Filing of Crossroads Pipeline Company Docket Numbers: ER20–1282–000. Accession Number: 20200316–5081. under RP20–657. Applicants: Midcontinent Comments Due: 5 p.m. ET 4/6/20. Filed Date: 3/12/20. Independent System Operator, Inc., The filings are accessible in the Accession Number: 20200312–5174. American Transmission Company LLC. Commission’s eLibrary system by Comments Due: 5 p.m. ET 3/24/20. Description: Compliance filing: clicking on the links or querying the The filings are accessible in the 2020–03–16_ATC LLC Compliance on docket number. Commission’s eLibrary system by Order 864 for Accumulated Deferred Any person desiring to intervene or clicking on the links or querying the Income Taxes to be effective 1/27/2020. protest in any of the above proceedings docket number. Filed Date: 3/16/20. must file in accordance with Rules 211 Any person desiring to intervene or Accession Number: 20200316–5012. and 214 of the Commission’s protest in any of the above proceedings Comments Due: 5 p.m. ET 4/6/20. Regulations (18 CFR 385.211 and must file in accordance with Rules 211 Docket Numbers: ER20–1283–000. 385.214) on or before 5:00 p.m. Eastern and 214 of the Commission’s Applicants: Southwest Power Pool, time on the specified comment date. Regulations (18 CFR 385.211 and Inc. Protests may be considered, but 385.214) on or before 5:00 p.m. Eastern Description: § 205(d) Rate Filing: intervention is necessary to become a time on the specified date(s). Protests 1518R19 Arkansas Electric Cooperative party to the proceeding. may be considered, but intervention is Corp NITSA NOA to be effective eFiling is encouraged. More detailed necessary to become a party to the 3/1/2020. information relating to filing proceeding. Filed Date: 3/16/20. requirements, interventions, protests, eFiling is encouraged. More detailed Accession Number: 20200316–5025. service, and qualifying facilities filings information relating to filing Comments Due: 5 p.m. ET 4/6/20. can be found at: http://www.ferc.gov/ requirements, interventions, protests, Docket Numbers: ER20–1284–000. docs-filing/efiling/filing-req.pdf. For service, and qualifying facilities filings Applicants: Southwest Power Pool, other information, call (866) 208–3676 can be found at: http://www.ferc.gov/ Inc. (toll free). For TTY, call (202) 502–8659. docs-filing/efiling/filing-req.pdf. For Description: § 205(d) Rate Filing: Dated: March 16, 2020. other information, call (866) 208–3676 3164R1 Milligan 3 Wind LLC GIA to be Nathaniel J. Davis, Sr., (toll free). For TTY, call (202) 502–8659. effective 2/26/2020. Deputy Secretary. Dated: March 16, 2020. Filed Date: 3/16/20. Accession Number: 20200316–5030. [FR Doc. 2020–05888 Filed 3–19–20; 8:45 am] Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 4/6/20. BILLING CODE 6717–01–P Deputy Secretary. Docket Numbers: ER20–1285–000. [FR Doc. 2020–05887 Filed 3–19–20; 8:45 am] BILLING CODE 6717–01–P Applicants: Southwest Power Pool, DEPARTMENT OF ENERGY Inc. Description: § 205(d) Rate Filing: Federal Energy Regulatory DEPARTMENT OF ENERGY 3101R5 Heartland Consumers Power Commission District NITSA and NOA to be effective Federal Energy Regulatory 3/1/2020. Combined Notice of Filings Commission Filed Date: 3/16/20. Accession Number: 20200316–5031. Take notice that the Commission has [Docket No. TX20–1–001] Comments Due: 5 p.m. ET 4/6/20. received the following Natural Gas City of Boulder, Colorado; Notice of Docket Numbers: ER20–1296–000. Pipeline Rate and Refund Report filings: Filing Applicants: San Diego Gas & Electric Docket Number: PR20–44–000. Company. Applicants: ONEOK Gas Take notice that on March 13, 2020, Description: Request for One Time Transportation, L.L.C. pursuant to sections 210 and 212 of the Waiver of San Diego Gas & Electric Description: Tariff filing per Federal Power Act,1 and Rules 602 of Company of San Diego Gas & Electric 284.123(b)(1)+(g): Certification Pursuant the Commission’s Rules of Practice and Company. to 18 CFR Sec. 284.123(g)(9)(ii) to be Procedure,2 City of Boulder, Colorado Filed Date: 3/13/20. effective 3/1/2020. (the City) filed an application for an Accession Number: 20200313–5225. Filed Date: 3/12/2020. Offer of Settlement (Settlement) in the Comments Due: 5 p.m. ET 4/3/20. Accession Number: 202003125100. above-referenced proceeding. The Comments Due: 5 p.m. ET 4/2/2020. Docket Numbers: ER20–1297–000. Settlement is intended to resolve all 284.123(g) Protests Due: 5 p.m. ET Applicants: Southwest Power Pool, issues raised in the City’s February 6, 5/11/2020. Inc. 2020 application for Order Directing Description: § 205(d) Rate Filing: 3635 Docket Numbers: RP20–656–000. Interconnection of Facilities on Enel Trading and Evergy Kansas Central Applicants: Trailblazer Pipeline Reasonable Terms and Conditions. Meter Agent Agreement to be effective Company LLC. Any person desiring to intervene or to 2/25/2020. Description: Penalty Revenues Refund protest this filing must file in Filed Date: 3/16/20. Report of Trailblazer Pipeline Company accordance with Rules 211 and 214 of Accession Number: 20200316–5072. LLC under RP20–656. the Commission’s Rules of Practice and Comments Due: 5 p.m. ET 4/6/20. Filed Date: 3/12/20. Procedure (18 CFR 385.211 and Docket Numbers: ER20–1298–000. Accession Number: 20200312–5173. 385.214). Protests will be considered by Applicants: Midcontinent Comments Due: 5 p.m. ET 3/24/20. the Commission in determining the Independent System Operator, Inc. Docket Numbers: RP20–657–000. Description: Compliance filing: Applicants: Crossroads Pipeline 1 16 U.S.C. 824i and 824k. 2020–03–16_MISO TO Compliance Company. 2 18 CFR 385.602 (2019).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16093
appropriate action to be taken, but will on EISs are available at: https:// FOR FURTHER INFORMATION CONTACT: Any not serve to make protestants parties to cdxnodengn.epa.gov/cdx-enepa-public/ member of the public wishing to obtain theproceeding. Any person wishing to action/eis/search. information concerning these public become a party must file a notice of EIS No. 20200067, Draft, NRC, NM, meetings may contact Mr. Aaron Yeow, intervention ormotion to intervene, as Holtec International’s License Designated Federal Officer (DFO), at appropriate. Such notices, motions, or Application for a Consolidated (202) 564–2050 or at yeow.aaron@ protests must be filed onor before the Interim Storage Facility for Spent epa.gov. General information about the comment date. Anyone filing a motion Nuclear Fuel and High Level Waste, CASAC, as well as any updates to intervene or protest must serve acopy Comment Period Ends: 05/22/2020, concerning the meetings announced in of that document on the Applicant. On Contact: Jill Caverly 301–415–7674. this notice, may be found on the CASAC or before the comment date, it is EIS No. 20200068, Draft, NMFS, MA, website at http://www.epa.gov/casac. notnecessary to serve motions to Northeast Multispecies Fishery SUPPLEMENTARY INFORMATION: intervene or protests on persons other Management Plan Draft Amendment than the Applicant. 23, Comment Period Ends: 05/19/ Background: The Clean Air Scientific The Commission encourages 2020, Contact: Mark Grant 978–281– Advisory Committee (CASAC) was electronic submission of protests and 9145. established under section 109(d)(2) of interventions in lieu of paper using the EIS No. 20200069, Draft, BLM, NV, the Clean Air Act (CAA or Act) (42 ‘‘eFiling’’ link at http://www.ferc.gov. Yellow Pine Solar Project, Comment U.S.C. 7409) as an independent Persons unable to file electronically Period Ends: 05/04/2020, Contact: scientific advisory committee. The should submit an original and 5 copies Augrelio Herman Pinales 702–515– CASAC provides advice, information of the protest or intervention to the 5284. and recommendations on the scientific Federal Energy Regulatory Commission, EIS No. 20200070, Draft Supplement, and technical aspects of air quality 888 First Street NE, Washington, DC BLM, AK, Willow Master criteria and the National Ambient Air 20426. Development Plan Environmental Quality Standards (NAAQS). The This filing is accessible on-line at Impact Statement Supplement to the CASAC shall also: Advise the EPA http://www.ferc.gov, using the Draft, Comment Period Ends: 05/04/ Administrator of areas in which ‘‘eLibrary’’ link and is available for 2020, Contact: Racheal Jones 907– additional knowledge is required to review in the Commission’s Public 290–0307. appraise the adequacy and basis of Reference Room in Washington, DC. Dated: March 17, 2020. existing, new, or revised NAAQS; describe the research efforts necessary There is an ‘‘eSubscription’’ link on the Cindy S. Barger, website that enables subscribers to to provide the required information; Director, NEPA Compliance Division, Office advise the EPA Administrator on the receive email notification when a of Federal Activities. document is added to a subscribed relative contribution to air pollution docket(s). For assistance with any FERC [FR Doc. 2020–05882 Filed 3–19–20; 8:45 am] concentrations of natural as well as Online service, please email BILLING CODE 6560–50–P anthropogenic activity; and advise the [email protected], or call EPA Administrator of any adverse public health, welfare, social, economic, (866) 208–3676 (toll free). For TTY, call ENVIRONMENTAL PROTECTION or energy effects which may result from (202) 502–8659. AGENCY Comment Date: 5:00 p.m. Eastern various strategies for attainment and Time on April 3, 2020. [FRL–10006–67–OA] maintenance of such NAAQS. The CAA Dated: March 16, 2020. requires that the Agency, at five-year Notification of a Public Meeting of the intervals, review and revise, as Nathaniel J. Davis, Sr., Chartered Clean Air Scientific Advisory appropriate, the air quality criteria and Deputy Secretary. Committee (CASAC) and CASAC the NAAQS for the six ‘‘criteria’’ air [FR Doc. 2020–05889 Filed 3–19–20; 8:45 am] Secondary NAAQS Review Panel for pollutants, including oxides of nitrogen, BILLING CODE 6717–01–P Oxides of Nitrogen and Sulfur oxides of sulfur, and particulate matter. AGENCY: Environmental Protection EPA is currently reviewing the Agency (EPA). secondary (welfare-based) NAAQS for ENVIRONMENTAL PROTECTION oxides of nitrogen, oxides of sulfur, and ACTION: Notice. AGENCY particulate matter. [ER–FRL–9049–9] SUMMARY: The Environmental Protection The CASAC is a Federal Advisory Agency (EPA) Science Advisory Board Committee chartered under the Federal Environmental Impact Statements; (SAB) Staff Office announces a public Advisory Committee Act (FACA), 5 Notice of Availability meeting of the Chartered Clean Air U.S.C., App. 2. The Chartered CASAC Scientific Advisory Committee (CASAC) and CASAC Secondary NAAQS Review Responsible Agency: Office of Federal and CASAC Secondary NAAQS Review Panel for Oxides of Nitrogen and Sulfur Activities, General Information 202– Panel for Oxides of Nitrogen and Sulfur will comply with the provisions of 564–5632 or https://www.epa.gov/ to discuss their Draft Report on EPA’s FACA and all appropriate SAB Staff NEPA. Integrated Science Assessment for Office procedural policies. Pursuant to Weekly receipt of Environmental Impact Oxides of Nitrogen, Oxides of Sulfur, FACA and EPA policy, notice is hereby Statements (EIS) and Particulate Matter—Ecological given that the Chartered CASAC and Filed March 9, 2020, 10 a.m. EST Criteria (Second External Review CASAC Secondary NAAQS Review Through March 16, 2020, 10 a.m. EST Draft—June 2018). Panel for Oxides of Nitrogen and Sulfur Pursuant to 40 CFR 1506.9. DATES: The public meeting will be held will hold a public meeting to discuss Section 309(a) of the Clean Air Act on Monday, April 27, 2020, from 12:00 their Draft Report on EPA’s Integrated requires that EPA make public its p.m. to 4:00 p.m. (Eastern Time). Science Assessment for Oxides of comments on EISs issued by other Location: The public meeting will be Nitrogen, Oxides of Sulfur, and Federal agencies. EPA’s comment letters conducted by telephone only. Particulate Matter—Ecological Criteria
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16094 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
(Second External Review Draft—June the advisory meeting or teleconference. • Electronically (preferred): By email 2018). Submitters are requested to provide an to [email protected]. Technical contacts: Any technical unsigned version of each document • Mail: Steven M. Knott, MS, questions concerning EPA’s Integrated because the SAB Staff Office does not Designated Federal Officer (DFO), Office Science Assessment for Oxides of publish documents with signatures on of Science Coordination and Policy Nitrogen, Oxides of Sulfur, and its websites. Members of the public (7201M), Environmental Protection Particulate Matter—Ecological Criteria should be aware that their personal Agency, 1200 Pennsylvania Avenue (Second External Review Draft—June contact information, if included in any NW, Washington, DC 20460. 2018) should be directed to Dr. Tara written comments, may be posted to the FOR FURTHER INFORMATION CONTACT: Greaver ([email protected]). CASAC website. Copyrighted material Steven M. Knott, MS, DFO, telephone Availability of meeting materials: will not be posted without explicit number: (202) 564–0103; email address: Prior to the meeting, the review permission of the copyright holder. [email protected]. documents, agenda and other materials Accessibility: For information on SUPPLEMENTARY INFORMATION: will be accessible through the calendar access or services for individuals with link on the blue navigation bar at http:// disabilities, please contact Mr. Aaron I. General Information www.epa.gov/casac/. Yeow at (202) 564–2050 or yeow.aaron@ A. Does this action apply to me? Procedures for providing public input: epa.gov. To request accommodation of a This action is directed to the public Public comment for consideration by disability, please contact Mr. Yeow in general. This action may, however, be EPA’s federal advisory committees and preferably at least ten days prior to each of interest to those involved in the panels has a different purpose from meeting to give EPA as much time as manufacture, processing, distribution, public comment provided to EPA possible to process your request. program offices. Therefore, the process disposal of chemical substances and for submitting comments to a federal V. Khanna Johnston, mixtures, and/or those interested in the advisory committee is different from the Deputy Director, EPA Science Advisory Staff assessment of risks involving chemical process used to submit comments to an Office. substances and mixtures. Since other EPA program office. Federal advisory [FR Doc. 2020–05918 Filed 3–19–20; 8:45 am] entities may also be interested, the committees and panels, including BILLING CODE 6560–50–P Agency has not attempted to describe all scientific advisory committees, provide the specific entities that may be affected independent advice to EPA. Members of by this action. If you have questions the public can submit relevant ENVIRONMENTAL PROTECTION regarding the applicability of this action comments on the topic of this advisory AGENCY to a particular entity, consult the DFO activity, including the charge to the listed under FOR FURTHER INFORMATION CASAC and the EPA review documents, [EPA–HQ–OPPT–2020–0135; FRL–10006– CONTACT. and/or the group conducting the 50] activity, for the CASAC to consider as B. How can I get copies of this document it develops advice for EPA. Input from TSCA Science Advisory Committee on and other related information? the public to the CASAC will have the Chemicals; Request for Nominations The docket for this action, identified most impact if it provides specific AGENCY: Environmental Protection by docket identification (ID) number scientific or technical information or Agency (EPA). EPA–HQ–OPPT–2020–0135, is available analysis for CASAC to consider or if it at http://www.regulations.gov or at the ACTION: Notice. relates to the clarity or accuracy of the Office of Pollution Prevention and technical information. Members of the SUMMARY: The Environmental Protection Toxics Regulatory Public Docket (OPPT public wishing to provide comment Agency (EPA) invites the public to Docket) in the Environmental Protection should follow the instructions below to nominate scientific experts from a Agency Docket Center (EPA/DC), West submit comments. diverse range of disciplines to be William Jefferson Clinton Building, Oral statements: Individuals or considered for appointment to the Toxic Room 3334, 1301 Constitution Avenue groups requesting an oral presentation Substances Control Act (TSCA), Science NW, Washington, DC 20460–0001. The during the public meeting will be Advisory Committee on Chemicals Public Reading Room is open from 8:30 limited to three minutes. Each person (SACC). The purpose of the SACC is to a.m. to 4:30 p.m., Monday through making an oral statement should provide independent advice and expert Friday, excluding legal holidays. The consider providing written comments as consultation, at the request of the EPA telephone number for the Public well as their oral statement so that the Administrator, with respect to the Reading Room is (202) 566–1744, and points presented orally can be expanded scientific and technical aspects of issues the telephone number for the OPPT upon in writing. Interested parties relating to implementation of TSCA. Docket is (202) 566–0280. Please review should contact Mr. Aaron Yeow, DFO, EPA anticipates appointing multiple the visitor instructions and additional in writing (preferably via email) at the SACC members over the next year. information about the docket available contact information noted above by Sources in addition to this Federal at http://www.epa.gov/dockets. April 20, 2020, to be placed on the list Register Notice may be utilized to II. Background of public speakers. solicit nominations and identify Written statements: Written candidates. The SACC is a federal advisory statements will be accepted throughout committee, established in December the advisory process; however, for DATES: Nominations of candidates to be 2016 pursuant to TSCA section 2625(o), timely consideration by CASAC considered for appointment to the SACC and chartered under the Federal members, statements should be must be received on or before April 20, Advisory Committee Act (FACA), 5 supplied to the DFO (preferably via 2020. U.S.C. Appendix 2. EPA established the email) at the contact information noted ADDRESSES: Submit your nominations, SACC to provide independent advice above by April 20, 2020. It is the SAB identified by docket identification (ID) and recommendations to the EPA Staff Office general policy to post number EPA–HQ–OPPT–2020–0135, by Administrator on the scientific basis for written comments on the web page for one of the following methods: risk assessments, methodologies, and
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16095
approaches relating to implementation considered for appointment to this nominees that the EPA should consider of TSCA. The SACC members serve as advisory committee. Individuals also in evaluating candidates. Special Government Employees (SGEs) may self-nominate. Nominations may be IV. Selection Criteria or Regular Government Employees submitted in electronic format (RGEs). The SACC expects to meet (preferred) or mailed in accordance with In addition to scientific expertise, in approximately 4 to 6 times per year, or the instructions under ADDRESSES. selecting members, EPA will consider as needed and approved by the DFO. Nominations should include the differing perspectives and the Meetings will be held in the candidates who have demonstrated high breadth of collective experience needed Washington, DC, metropolitan area. levels of competence, knowledge, and to address EPA’s charge to the SACC, as In January 2017, the EPA expertise in scientific/technical fields well as the following: Administrator appointed 18 members to relevant to chemical safety and risk • Background and experiences that the SACC. After further consideration of assessment. In particular, the nominees would contribute to the diversity of the objectives and scope of SACC should include representation of the scientific viewpoints on the committee, activities, EPA decided to increase the following disciplines, including, but not including professional experiences in membership of the SACC, and in March limited to: Human health and ecological government, labor, public health, public 2018, completed additional risk assessment, biostatistics, interest, animal protection, industry, appointments resulting in a total of 26 epidemiology, pediatrics, and other groups, as the EPA members. Subsequently, some SACC physiologically-based pharmacokinetics Administrator determines to be members either resigned or declined to (PBPK), toxicology and pathology advisable (e.g., geographical location; serve extended appointments. (including neurotoxicology, social and cultural backgrounds; and Currently, there are 19 SACC members, developmental/reproductive toxicology, professional affiliations); all with membership terms that will and carcinogenesis), and the • Skills and experience working on expire over the next year. relationship of chemical exposures to committees and advisory panels To date, SACC members and ad hoc women, children, and other potentially including demonstrated ability to work reviewers have provided their expertise exposed or susceptible subpopulations. constructively and effectively in a and knowledge on the first draft To be considered, all nominations committee setting; chemical risk evaluations. These should include the following • Absence of financial conflicts of individuals have dedicated an information: Current contact interest or the appearance of a loss of incredible amount of time to provide information for the nominee (including impartiality; EPA with thoughtful and important the nominee’s name, organization, • Willingness to commit adequate recommendations for improving the risk current business address, email address, time for the thorough review of evaluations. At times, SACC members and daytime telephone number); the materials provided to the committee; were working on multiple chemical disciplinary and specific areas of and evaluations while also preparing for and expertise of the nominee; the nominee’s • Availability to participate in participating in peer review meetings curriculum vitae; and a biographical committee meetings. and writing reports. EPA greatly sketch of the nominee indicating current appreciates the dedication and position, educational background, (Authority: 15 U.S.C. 2625 et seq.; 5 U.S.C. commitment to service of the SACC research activities, and recent service on Appendix 2 et seq.) members. other federal advisory committees and Dated: March 13, 2020. Given the foundation provided by the national or international professional Hayley Hughes, SACC recommendations from these first organizations. Persons having questions Director, Office of Science Coordination and reviews, EPA is exploring different ways about the nomination process should Policy. to use the SACC’s expertise for contact the DFO listed under FOR [FR Doc. 2020–05827 Filed 3–19–20; 8:45 am] providing independent advice and FURTHER INFORMATION CONTACT. BILLING CODE 6560–50–P expert consultation after the peer The DFO will acknowledge receipt of reviews of the first 10 chemical risk nominations. Sources in addition to evaluations are completed. The Agency respondents to this Federal Register ENVIRONMENTAL PROTECTION is considering requesting that the SACC Notice may be utilized to solicit AGENCY review significant, cross-cutting science nominations and identify candidates. [FRL–10005–99–Region 6] issues on exposure, risk, and modeling, The names and biographical sketches of similar to how the Agency uses the all interested and available candidates Clean Air Act Operating Permit Federal Insecticide, Fungicide, and will be posted in a List of Candidates in Program; Petitions for Objection to Rodenticide Act (FIFRA), Scientific the docket at http://www.regulations.gov State Operating Permit for Dow Advisory Panel (SAP) for health and and on the SACC website at http:// Chemical Company, Dow Salt Dome safety issues related to pesticides. www.epa.gov/tsca-peer-review. The Operations, Brazoria County, Texas Therefore, EPA may not ask the SACC availability of the list also will be to peer review every single draft risk announced through the Office of AGENCY: Environmental Protection evaluation for the next 20 high priority Chemical Safety and Pollution Agency (EPA). chemicals. With this prospective change Prevention (OCSPP)’s listservs. You may ACTION: Notice of final Order on Petition in the scope of SACC activities, EPA subscribe to these listservs at the for objection to Clean Air Act title V anticipates appointing approximately 15 following website: https:// operating permit. members to the SACC by March 2021. public.govdelivery.com/accounts/ USAEPAOPPT/subscriber/new?topic_ SUMMARY: The Environmental Protection III. Nominations id=USAEPAOPPT_101. Public Agency (EPA) Administrator signed an EPA values and welcomes diversity comments on the List of Candidates will Order dated February 18, 2020, granting and encourages nominations of women be accepted for 21 days from the date a Petition dated August 31, 2015 from and men of all racial and ethnic groups. the list is posted. The public will be the Environmental Integrity Project and Any interested person or organization requested to provide relevant Sierra Club. The Petition requested that may nominate qualified persons to be information or other documentation on the EPA object to a Clean Air Act (CAA)
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16096 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
title V operating permit issued by the the Petition requesting that the EPA Trichloroethylene (TCE) will be a Texas Commission on Environmental Administrator object to the title V virtual public meeting, with Quality (TCEQ) to Dow Chemical operating permit. The Order explains participation by phone and webcast Company (Dow) for its Dow Salt Dome the basis for EPA’s decision. only. There will be no in-person Operations located in Brazoria County, Dated: March 13, 2020. gathering for this meeting. To Texas. Kenley McQueen, accommodate this change, meeting start ADDRESSES: The EPA requests that you Regional Administrator, Region 6. times are adjusted, and the meeting contact the individual listed in the FOR dates are extended by one day. The [FR Doc. 2020–05777 Filed 3–19–20; 8:45 am] FURTHER INFORMATION CONTACT section to topic for this meeting remains view copies of the final Order, the BILLING CODE 6560–50–P unchanged from that described in the Petition, and other supporting February 26, 2020, Federal Register information. You may review copies of ENVIRONMENTAL PROTECTION notice (85 FR 11079) (FRL–10005–52). the final Order, the Petition, and other AGENCY Due to the outbreak of the novel supporting information at the EPA coronavirus, SARS-CoV–2, the cause of Region 6 Office, 1201 Elm Street, Dallas, [EPA–HQ–OPPT–2019–0500; FRL–10006– COVID–19, the agency is implementing Texas 75270–2102. You may view the 79] this change out of an abundance of hard copies Monday through Friday, Trichloroethylene; TSCA Science caution and in response to travel from 9 a.m. to 3 p.m., excluding federal restrictions imposed by some SACC holidays. If you wish to examine these Advisory Committee on Chemicals (SACC) Meeting; Amended Notice of members’ employers and other documents, you should make an members’ concerns regarding travel. appointment at least 24 hours before the Public Meeting visiting day. Additionally, the final AGENCY: Environmental Protection II. How do I participate in the virtual Order and Petition are available Agency (EPA). public meeting? electronically at: https://www.epa.gov/ ACTION: Notice. title-v-operating-permits/title-v-petition- Virtual meeting. The virtual meeting will be conducted via webcast and database. SUMMARY: EPA is announcing that the telephone. You may participate in the March 24–26, 2020, Toxic Substances FOR FURTHER INFORMATION CONTACT: virtual meeting by registering to join the Control Act (TSCA) Science Advisory Aimee Wilson, EPA Region 6, (214) webcast. You may also submit written Committee on Chemicals (SACC) 665–7596, [email protected]. or oral comments. SUPPLEMENTARY INFORMATION: The CAA meeting, previously announced in the affords EPA a 45-day period to review Federal Register on February 26, 2020, i. Registration. You must register to and object to, as appropriate, operating (85 FR 11079) (FRL–10005–52) is being participate in the virtual meeting. To permits proposed by state permitting changed to a virtual public meeting, participate by listening or making a authorities under title V of the CAA. with participation by phone and comment during this meeting, please go Section 505(b)(2) of the CAA authorizes webcast only. There will be no in- to the EPA website to register: http:// any person to petition the EPA person gathering for this meeting. www.epa.gov/tsca-peer-review. Administrator to object to a title V Meeting times and dates are adjusted to Registration online will be confirmed by operating permit within 60 days after accommodate this change. an email that will include the webcast the expiration of the EPA’s 45-day DATES: Virtual meeting: The virtual meeting link and audio teleconference review period if the EPA has not meeting will be held on March 24–27, information. objected on its own initiative. Petitions 2020, from 10:00 a.m. to approximately ii. Oral comments. Requests to make must be based only on objections to the 5:00 p.m. (EDT). To make oral brief oral comments to the TSCA SACC permit that were raised with reasonable comments during the virtual meeting, during the virtual meeting should be specificity during the public comment please register by noon on March 20, submitted when registering online or period provided by the state, unless the 2020. with the DFO listed under FOR FURTHER petitioner demonstrates that it was ADDRESSES: Virtual meeting: Please visit INFORMATION CONTACT on or before noon impracticable to raise these issues http://www.epa.gov/tsca-peer-review to on the date set in the DATES section. Oral during the comment period or unless register. You must register online to comments before the TSCA SACC the grounds for the issue arose after this receive the webcast meeting link and during the virtual meeting are limited to period. audio teleconference information for approximately 5 minutes. Each speaker The EPA received the Petition from participation. should email their comments and the Environmental Integrity Project and presentation to the DFO listed under FOR FURTHER INFORMATION CONTACT: Sierra Club dated August 31, 2015, FOR FURTHER INFORMATION CONTACT, requesting that the EPA object to the TSCA SACC: Dr. Todd Peterson, DFO, preferably, at least 24 hours prior to the issuance of the facility’s Federal Office of Science Coordination and oral public comment period. Operating Permit Number O2212, issued Policy (7201M), Environmental by TCEQ to Dow Chemical Company’s Protection Agency, 1200 Pennsylvania iii. Written comments. Please refer to Salt Dome Operations in Brazoria Ave. NW, Washington, DC 20460–0001; the February 26, 2020, Federal Register County, Texas. The Petition claims the telephone number: (202) 564–6428; notice (85 FR 11079) for detailed proposed permit improperly email address: [email protected]. instructions on written comments. incorporates by reference confidential SUPPLEMENTARY INFORMATION: Authority: 15 U.S.C. 2601 et seq. operational limits even though I. Background Dated: March 13, 2020. operational limits are required to be federally enforceable by being publicly EPA is announcing that the Toxic Hayley Hughes, available and listed in the proposed Substances Control Act (TSCA) Science Director, Office of Science Coordination and permit. Advisory Committee on Chemicals Policy. On February 18, 2020, the EPA (SACC) meeting to consider and review [FR Doc. 2020–05826 Filed 3–19–20; 8:45 am] Administrator issued an Order granting the draft risk evaluation for BILLING CODE 6560–50–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16097
FEDERAL COMMUNICATIONS Title: Sections 1.774, 61.49, 61.55, SUMMARY: As part of its continuing effort COMMISSION 61.58, 69.4, 69.707, 69.713 and 69.729, to reduce paperwork burdens, and as Price Cap Performance. required by the Paperwork Reduction [OMB 3060–0770; FRS 16564] Form Number: N/A. Act of 1995 (PRA), the Federal Type of Review: Extension of a Communications Commission (FCC or Information Collection Being Reviewed currently approved collection. Commission) invites the general public by the Federal Communications Respondents: Business or other for- and other Federal agencies to take this Commission Under Delegated profit. opportunity to comment on the Authority Number of Respondents and following information collections. Responses: 13 respondents; 13 Comments are requested concerning: AGENCY: Federal Communications responses. Whether the proposed collection of Commission. Estimated Time per Response: 10 information is necessary for the proper ACTION: Notice and request for hours. performance of the functions of the comments. Frequency of Response: On occasion Commission, including whether the SUMMARY: As part of its continuing effort reporting requirements. information shall have practical utility; to reduce paperwork burdens, and as Obligation to Respond: Required to the accuracy of the Commission’s required by the Paperwork Reduction obtain or retain benefits. Statutory burden estimate; ways to enhance the Act (PRA) of 1995, the Federal authority for this collection of quality, utility, and clarity of the Communications Commission (FCC or information is contained in 47 U.S.C. information collected; ways to minimize the Commission) invites the general 151, 154(i), 154(j), 201–205, 303(r), and the burden of the collection of public and other Federal agencies to 403. information on the respondents, take this opportunity to comment on the Total Annual Burden: 130 hours. including the use of automated following information collection. Total Annual Cost: $12,480. collection techniques or other forms of Comments are requested concerning: Privacy Act Impact Assessment: No information technology; and ways to Whether the proposed collection of impact(s). further reduce the information information is necessary for the proper Nature and Extent of Confidentiality: collection burden on small business performance of the functions of the No information of a confidential nature concerns with fewer than 25 employees. Commission, including whether the is requested. However, respondents may The FCC may not conduct or sponsor information shall have practical utility; request materials or information a collection of information unless it the accuracy of the Commission’s submitted to the Commission to be displays a currently valid Office of burden estimate; ways to enhance the withheld from public inspection under Management and Budget (OMB) control quality, utility, and clarity of the 47 CFR 0.459 of the Commission’s rules. number. No person shall be subject to information collected; ways to minimize Needs and Uses: In the 1999 Fifth any penalty for failing to comply with the burden of the collection of Report and Order and Further Notice of a collection of information subject to the information on the respondents, Proposed Rulemaking (Pricing PRA that does not display a valid OMB including the use of automated Flexibility Order), 64 FR 51280, the control number. collection techniques or other forms of Commission permitted price cap local DATES: Written PRA comments should information technology; and ways to exchange carriers (LECs) to introduce be submitted on or before May 19, 2020. further reduce the information new services on a streamlined basis, If you anticipate that you will be collection burden on small business without prior approval or cost support submitting comments, but find it concerns with fewer than 25 employees. requirements. The Commission difficult to do so within the period of The FCC may not conduct or sponsor a eliminated the public interest showing time allowed by this notice, you should collection of information unless it required by 47 CFR 69.4(g), and, except advise the contact listed below as soon displays a currently valid control in the case of new loop-based switched as possible. access services, eliminated the new number. No person shall be subject to ADDRESSES: Direct all PRA comments to services test required under 47 CFR any penalty for failing to comply with Nicole Ongele, FCC, via email PRA@ 61.49(f) and (g). a collection of information subject to the fcc.gov and to [email protected]. Federal Communications Commission. PRA that does not display a valid Office FOR FURTHER INFORMATION CONTACT: For of Management and Budget (OMB) Cecilia Sigmund, additional information about the control number. Federal Register Liaison Officer, Office of the information collection, contact Nicole DATES: Written PRA comments should Secretary. Ongele, (202) 418–2991. [FR Doc. 2020–05785 Filed 3–19–20; 8:45 am] be submitted on or before May 19, 2020. SUPPLEMENTARY INFORMATION: If you anticipate that you will be BILLING CODE 6712–01–P OMB Control Number: 3060–0589. submitting comments, but find it Title: FCC Remittance Advice Forms, difficult to do so within the period of FCC Form 159/159–C, 159–B, 159–E, time allowed by this notice, you should FEDERAL COMMUNICATIONS and 159–W. advise the contact listed below as soon COMMISSION Form Number(s): FCC Form 159 as possible. [OMB 3060–0589; FRS 16569] Remittance Advice, 159–C Remittance ADDRESSES: Direct all PRA comments to Advice Continuation Sheet, 159–B Nicole Ongele, FCC, via email PRA@ Information Collection Being Reviewed Remittance Advice Bill for Collection, fcc.gov and to [email protected]. by the Federal Communications 159–E Remittance Voucher, and 159–W FOR FURTHER INFORMATION CONTACT: For Commission Interstate Telephone Service Provider additional information about the AGENCY: Federal Communications Worksheet. information collection, contact Nicole Commission. Type of Review: Extension of a Ongele at (202) 418–2991. currently approved collection. ACTION: Notice and request for SUPPLEMENTARY INFORMATION: Respondents: Businesses or other for- comments. OMB Control Number: 3060–0770. profit entities; Individuals or
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16098 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
households; Not-for-profit institutions; with the Debt Collection Improvement SUPPLEMENTARY INFORMATION: The notice and State, Local, or Tribal Governments. Act of 1996. On August 12, 2013, the of this meeting was first published in Number of Respondent and Commission released a Report and the Federal Register on March 5, 2020. Responses: 102,405 respondents; Order (R&O), In the Matter Assessment This amendment is to inform the public 102,405 responses. and Collection of Regulatory Fee for that the meeting will be held Estimated Time per Response: 15 Fiscal Year 2013 and Procedures for electronically only. minutes (0.25 hours). Assessment and Collection of The meeting will be held on March Frequency of Response: On occasion Regulatory Fees, MD Docket Nos. 13– 25, 2020, at 9:30 a.m. EDT and may be and annual reporting requirements; 140 and 12–201, FCC 13–110. In this viewed live, by the public, at http:// third party disclosure requirement. R&O, the Commission requires that www.fcc.gov/live. Any questions that Obligation to Respond: Required to beginning in FY 2014, all regulatory fee arise during the meeting should be sent obtain or retain benefits. Statutory payments be made electronically and to [email protected] and will be Authority for this information collection that the Commission will no longer mail answered at a later date. Members of the is contained in the Communications Act out initial regulatory fee assessments to public may submit comments to the of 1934, as amended; Section 8 (47 CMRS providers. Task Force in the FCC’s Electronic U.S.C. 158) for Application Fees; Comment Filing System, ECFS, at Section 9 (47 U.S.C. 159) for Regulatory Federal Communications Commission. www.fcc.gov/ecfs. Comments to the Task Fees; Section 309(j) for Auction Fees; Cecilia Sigmund, Force should be filed in GN Docket No. and the Debt Collection Improvement Federal Register Liaison Officer, Office of the 19–329. The meeting is being moved to Act of 1996, Public Law 104–134, Secretary. a wholly electronic format in light of Chapter 10, Section 31001. [FR Doc. 2020–05788 Filed 3–19–20; 8:45 am] travel restrictions affecting members of Total Annual Burden: 25,601 hours. BILLING CODE 6712–01–P the Task Force related to the ongoing Total Annual Cost: None. increase in coronavirus (COVID–19) Nature and Extent of Confidentiality: cases. There is no need for confidentiality, FEDERAL COMMUNICATIONS Open captioning will be provided for except for personally identifiable COMMISSION this event. Other reasonable information (PII) that individuals may accommodations for people with submit on one or more of these forms. [FRS 16562] disabilities are available upon request. FCC Form 159 series instructions Federal Advisory Committee Act; Task Requests for such accommodations include a Privacy Act Statement. should be submitted via email to Force for Reviewing the Connectivity Furthermore, while the Commission is [email protected] or by calling the and Technology Needs of Precision not requesting that the respondents Consumer & Governmental Affairs Agriculture in the United States submit confidential information to the Bureau at (202) 418–0530 (voice), (202) FCC, respondents may request AGENCY: Federal Communications 418–0432 (tty). Such requests should confidential treatment for information Commission. include a detailed description of the they believe to be confidential under 47 accommodation needed. In addition, CFR Section 0.459 of the Commission’s ACTION: Amendment to notice of public meeting. please include a way the FCC can rules. The Commission has a system of contact you if it needs more records notice (SORN), FCC/OMD–25, SUMMARY: In accordance with the information. Please allow at least five Financial Operations Information Federal Advisory Committee Act, this days’ advance notice; last-minute System (FOIS), to cover any PII that notice advises interested persons that requests will be accepted but may be individuals may submit. The SORN is the Federal Communications impossible to fill. posted on the FCC Privacy web page at: Commission’s (FCC or Commission) Proposed Agenda: At this meeting, https://www.fcc.gov/general/privacy- Task Force for Reviewing the the Task Force will provide updates on act-information#systems. Privacy Connectivity and Technology Needs of Task Force administration; review and Impact Assessment (PIA): A PIA is being Precision Agriculture in the United discuss programs and policies relevant drafted and posted on the FCC Privacy States (Task Force) will hold its second to the Task Force’s duties; and discuss web page at: https://www.fcc.gov/ meeting via live internet link. recent agricultural industry-wide events general/privacy-act- related to broadband deployment and DATES: March 25, 2020. information#systems. precision agriculture technologies. This Needs and Uses: The FCC supports a ADDRESSES: The meeting will be held agenda may be modified at the series of remittance advice forms and a via conference call and available to the discretion of the Task Force Chair and remittance voucher form that may be public via live feed from the FCC’s web the Designated Federal Officer. submitted in lieu of a remittance advice page at www.fcc.gov/live. Good Cause for Late Notice: This form when entities or individuals FOR FURTHER INFORMATION CONTACT: Amendment to Notice of public meeting electronically submit a payment. A Jesse Jachman, Designated Federal is being published less than 15 days remittance advice form (or a remittance Officer, Federal Communications before the meeting date of March 25, voucher form in lieu of an advice form) Commission, Wireline Competition 2020. There is good cause for this late must accompany any payment to the Bureau, (202) 418–2668, or email: notice. Specifically, travel restrictions Federal Communications Commission [email protected]; Erin Boone, affecting members of the Task Force (e.g. payments for regulatory fees, Deputy Designated Federal Officer, related to the ongoing increase in application filing fees, auctions, fines, Federal Communications Commission, COVID–19 cases, have led the forfeitures, Freedom of Information Act Wireless Telecommunications Bureau, Commission to conclude that, in an (FOIA) billings, or any other debt due to (202) 418–0736, or email: Erin.Boone@ abundance of caution, an electronic the FCC. Information is collected on fcc.gov; or Celia Lewis, Deputy meeting is appropriate. The Commission these forms to ensure credit for full Designated Federal Officer, Federal has also announced this amendment to payment, to ensure entities and Communications Commission, Wireline the public meeting by Public Notice individuals receive any refunds due, to Competition Bureau, (202) 418–7456, or posted on https://www.fcc.gov/task- service public inquiries, and to comply email [email protected]. force-reviewing-connectivity-and-
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16099
technology-needs-precision-agriculture- Service Mail (Michael Ha, Federal following information collections. united-states. Communications Commission, Room 2– Comments are requested concerning: Federal Communications Commission. A665, 445 12th Street SW, Washington, Whether the proposed collection of Cecilia Sigmund, DC 20554). Open captioning will be information is necessary for the proper provided for this event. Other performance of the functions of the Federal Register Liaison. reasonable accommodations for people Commission, including whether the [FR Doc. 2020–05829 Filed 3–19–20; 8:45 am] with disabilities are available upon information shall have practical utility; BILLING CODE 6712–01–P request. Requests for such the accuracy of the Commission’s accommodations should be submitted burden estimate; ways to enhance the via email to [email protected] or by calling quality, utility, and clarity of the FEDERAL COMMUNICATIONS the Consumer & Governmental Affairs information collected; ways to minimize COMMISSION Bureau at (202) 418–0530 (voice), (202) the burden of the collection of Federal Advisory Committee Act; 418–0432 (tty). Such requests should information on the respondents, Technological Advisory Council include a detailed description of the including the use of automated accommodation needed. In addition, collection techniques or other forms of AGENCY: Federal Communications please include a way for the FCC to information technology; and ways to Commission. contact the requester if more further reduce the information ACTION: Amendment to Notice of public information is needed to fill the request. collection burden on small business meeting. Please allow at least five days’ advance concerns with fewer than 25 employees. notice for accommodation requests; last The FCC may not conduct or sponsor SUMMARY: In accordance with the minute requests will be accepted, but a collection of information unless it Federal Advisory Committee Act, this may not be possible to accommodate. displays a currently valid Office of notice advises interested persons that Good Cause for Late Notice: This Management and Budget (OMB) control the Federal Communications Amendment to Notice of public meeting number. No person shall be subject to Commission’s (FCC or Commission) is being published less than 15 days any penalty for failing to comply with Technological Advisory Council (TAC) before the meeting date of March 24, a collection of information subject to the will hold its fourth meeting via live 2020. There is good cause for this late PRA that does not display a valid OMB internet link. notice. Specifically, the recent control number. DATES: Tuesday March 24, 2020. developments in the spread of COVID– DATES: Written PRA comments should ADDRESSES: The Meeting will be held 19 have led the Commission to conclude be submitted on or before May 19, 2020. via conference call and available to the that, in an abundance of caution, an If you anticipate that you will be public via the internet at http:// electronic meeting is appropriate. The submitting comments, but find it www.fcc.gov/live. Commission has also announced this difficult to do so within the period of FOR FURTHER INFORMATION CONTACT: amendment to the public meeting by time allowed by this notice, you should Michael Ha, Chief, Policy and Rules Public Notice posted on the advise the contact listed below as soon Division 202–418–2099; michael.ha@ Commission’s website at https:// as possible. fcc.gov. www.fcc.gov/document/fcc-announces- ADDRESSES: Direct all PRA comments to SUPPLEMENTARY INFORMATION: The notice next-meeting-technological-advisory- Nicole Ongele, FCC, via email PRA@ of this meeting was first published in council-0. fcc.gov and to [email protected]. the Federal Register on March 5, 2020. Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: For This amendment is to inform the public Ronald T. Repasi, additional information about the that the meeting will be held Acting Chief, Office of Engineering and information collection, contact Nicole electronically only. The meeting will be Technology. Ongele, (202) 418–2991. held on Tuesday, March 24, 2020, from [FR Doc. 2020–05899 Filed 3–19–20; 8:45 am] SUPPLEMENTARY INFORMATION: 10:00 a.m. to 3:00 p.m. EDT and may be BILLING CODE 6712–01–P OMB Control Number: 3060–1149. viewed live, by the public, at http:// Title: Generic Clearance for the www.fcc.gov/live. The meeting is being Collection of Qualitative Feedback on moved to a wholly electronic format in FEDERAL COMMUNICATIONS Agency Service Delivery. light of travel restrictions affecting COMMISSION Form Number: N/A. members of the TAC related to the [OMB 3060–1149; FRS 16558] Type of Review: Extension of a ongoing increase in coronavirus currently approved collection. (COVID–19) cases. Information Collection Being Reviewed Respondents: Individuals or At the March 24th meeting, the FCC by the Federal Communications households, business or other for-profit, Technological Advisory Council will Commission not-for-profit institutions, and state, hear presentations from its four working local, or tribal government. groups: 5G/IOT/V–RAN, Future of AGENCY: Federal Communications Number of Respondents and Unlicensed Operations, Artificial Commission. Responses: 259,600 respondents and Intelligence, and 5G Radio Access ACTION: Notice and request for 259,600 responses. Network Technology. The Commission comments. Estimated Time per Response: .166 will provide audio and/or video hours (10 minutes). coverage of the meeting over the SUMMARY: As part of its continuing effort Frequency of Response: One-time internet from the FCC’s web page at to reduce paperwork burdens, and as reporting requirement. http://www.fcc.gov/live. The public may required by the Paperwork Reduction Obligation To Respond: Voluntary. submit written comments before the Act of 1995 (PRA), the Federal Total Annual Burden: 43,267 hours. meeting to: Michael Ha, the FCC’s Communications Commission (FCC or Total Annual Cost: No Cost. Designated Federal Officer for Commission) invites the general public Nature and Extent of Confidentiality: Technological Advisory Council by and other Federal agencies to take this Responses to feedback instruments will email: [email protected] or U.S. Postal opportunity to comment on the be confidential.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16100 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Privacy Act Impact Assessment: There FEDERAL COMMUNICATIONS Type of Review: Extension of is no Privacy Act impact as personally COMMISSION currently approved information identifiable information (PII) will not be collection. [OMB 3060–1270; FRS 16565] collected. Respondents: Business or other for- profit. Needs and Uses: The information Information Collection Being Reviewed Number of Respondents and by the Federal Communications collection activity will garner Responses: 2,257 respondents; 2,257 Commission qualitative customer and stakeholder responses. feedback in an efficient, timely manner, AGENCY: Federal Communications Estimated Time per Response: 3 in accordance with the Administration’s Commission. hours. commitment to improving service ACTION: Frequency of Response: One-time delivery. By qualitative feedback we Notice and request for comments. reporting requirement. mean information that provides useful Obligation to Respond: Required to insights on perceptions and opinions, SUMMARY: As part of its continuing effort obtain or retain benefits. Statutory but are not statistical surveys that yield to reduce paperwork burdens, and as authority for this information collection quantitative results that can be required by the Paperwork Reduction is contained in 47 U.S.C. 1.4(b)(1), generalized to the population of study. Act of 1995 (PRA), the Federal 1.103(a), 151–154, 201(b), 229, 254, and This feedback will provide insights into Communications Commission (FCC or 1004. customer or stakeholder perceptions, Commission) invites the general public Total Annual Burden: 6,771 hours. experiences and expectations, provide and other Federal agencies to take this Total Annual Cost: No Cost. an early warning of issues with service, opportunity to comment on the Privacy Act Impact Assessment: No or focus attention on areas where following information collections. impact(s). Nature and Extent of Confidentiality: communication, training or change in Comments are requested concerning: The Commission will consider the operations might improve delivery of Whether the proposed collection of potential confidentiality of any products or services. These collections information is necessary for the proper information submitted, particularly will allow for ongoing, collaborative and performance of the functions of the where public release of such actionable communications between the Commission, including whether the information could raise security Agency and its customers and information shall have practical utility; concerns (e.g., granular location the accuracy of the Commission’s stakeholders. It will also allow feedback information). We expect, however, that burden estimate; ways to enhance the to contribute directly to the the public interest in knowing whether quality, utility, and clarity of the improvement of program management. a carrier uses or owns equipment or information collected; ways to minimize Feedback collected under this generic services from Huawei or ZTE would the burden of the collection of clearance will provide useful significantly outweigh any interest the information on the respondents, information, but it will not yield data carrier would have in keeping such including the use of automated that can be generalized to the overall information confidential. Respondents collection techniques or other forms of population. This type of generic may request materials or information information technology; and ways to clearance for qualitative information submitted to the Commission or to the further reduce the information will not be used for quantitative Universal Service Administrative collection burden on small business information collections that are Company be withheld from public concerns with fewer than 25 employees. designed to yield reliably actionable inspection under 47 CFR 0.459 of the The FCC may not conduct or sponsor results, such as monitoring trends over Commission’s rules. time or documenting program a collection of information unless it Needs and Uses: The Commission performance. Such data uses require displays a currently valid Office of will submit this information collection more rigorous designs that address: The Management and Budget (OMB) control to the Office of Management and Budget target population to which number. No person shall be subject to (OMB) as an extension during this generalizations will be made, the any penalty for failing to comply with comment period to obtain the full three- sampling frame, the sample design a collection of information subject to the year clearance from OMB. Under this (including stratification and clustering), PRA that does not display a valid OMB information collection, the Commission the precision requirements or power control number. proposes to collect information to calculations that justify the proposed DATES: Written PRA comments should determine the extent to which sample size, the expected response rate, be submitted on or before May 19, 2020. potentially prohibited equipment exists methods of assessing potential If you anticipate that you will be in current networks and the costs nonresponse bias, the protocols for data submitting comments, but find it associated with removing such collection, and any testing procedures difficult to do so within the period of equipment and replacing it with that were or will be undertaken prior time allowed by this notice, you should equivalent equipment. The fielding the study. Depending on the advise the contact listed below as soon Communications Act of 1934, as degree of influence the results are likely as possible. amended, requires the ‘‘preservation to have, such collections may still be ADDRESSES: Direct all PRA comments to and advancement of universal service.’’ eligible for submission for other generic Nicole Ongele, FCC, via email PRA@ 47 U.S.C. 254(b). The information mechanisms that are designed to yield fcc.gov and to [email protected]. collection requirements reported under quantitative results. FOR FURTHER INFORMATION CONTACT: For this collection are the result of Commission actions to promote the Federal Communications Commission. additional information about the information collection, contact Nicole Act’s universal service goals. On Cecilia Sigmund, Ongele, (202) 418–2991. November 22, 2019, the Commission Federal Register Liaison Officer, Office of the OMB Control Number: 3060–1270. adopted a Report and Order, Further Secretary. Title: Protecting National Security Notice of Proposed Rulemaking, and [FR Doc. 2020–05784 Filed 3–19–20; 8:45 am] Through FCC Programs. Order, WC Docket No. 18–89, FCC 19– BILLING CODE 6712–01–P Form Number: N/A. 121 (Protecting Against National
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16101
Security Threats to the Communications Whether the proposed collection of Privacy Act Impact Assessment: No Supply Chain Through FCC Programs). information is necessary for the proper impact(s). The Report and Order prohibits future performance of the functions of the Nature of Extent of Confidentiality: If use of Universal Service Fund (USF) Commission, including whether the respondents submit information which monies to purchase, maintain, improve, information shall have practical utility; respondents believe is confidential, modify, obtain, or otherwise support the accuracy of the Commission’s respondents may request confidential any equipment or services produced or burden estimate; ways to enhance the treatment of such information pursuant provided by a company that poses a quality, utility, and clarity of the to section 0.459 of the Commission’s national security threat to the integrity information collected; ways to minimize rules, 47 CFR 0.459. of communications networks or the the burden of the collection of Needs and Uses: Designation as an communications supply chain. It also information on the respondents, Eligible Telecommunications Carrier initially designated two entities— including the use of automated (ETC) makes a telecommunications Huawei Technologies Company collection techniques or other forms of carrier eligible to receive support from (Huawei) and ZTE Corporation (ZTE), information technology; and ways to the universal service high-cost and low- along with their affiliates, subsidiaries, further reduce the information income programs, which supports the and parents—as covered companies collection burden on small business extension of telecommunications posing such a national security threat. concerns with fewer than 25 employees. services to underserved rural In the Further Notice, the Commission The FCC may not conduct or sponsor a communities. In the absence of this proposed to make the requirement to collection of information unless it information collection, the Federal remove covered equipment and services displays a currently valid control Communications Commission’s (the from carriers’ networks contingent on number. No person shall be subject to Commission’s) ability to fulfill its the availability of a funded any penalty for failing to comply with statutory obligation and to oversee the reimbursement program, in an effort to a collection of information subject to the use of federal universal service funds mitigate the impact on affected entities. PRA that does not display a valid Office and to combat waste, fraud, and abuse This information collection is designed of Management and Budget (OMB) in the use of federal funds would be to collect data from eligible control number. compromised. Section 54.202 of the Commission’s rules requires carriers telecommunication carriers (ETCs) and DATES: Written PRA comments should other carriers to determine the extent of seeking designation from the be submitted on or before May 19, 2020. Commission to submit an application which potentially prohibited equipment If you anticipate that you will be exists in current networks and the costs that certifies that the carrier will comply submitting comments, but find it with the service requirements associated with removing such difficult to do so within the period of equipment and replacing it with applicable to the support that it time allowed by this notice, you should receives, 47 CFR 54.202(a)(1)(i). equivalent equipment. The data will aid advise the contact listed below as soon Additionally, applicants must submit a the Commission’s review of the record as possible. five-year plan that describes with and guide our next steps in this ADDRESSES: Direct all PRA comments to specificity proposed improvements or proceeding. Nicole Ongele, FCC, via email PRA@ upgrades to the applicant’s network Federal Communications Commission. fcc.gov and to [email protected]. throughout its proposed service area, Cecilia Sigmund, FOR FURTHER INFORMATION CONTACT: For with estimates of the area and Federal Register Liaison Officer, Office of the additional information about the population that will be served as a Secretary. information collection, contact Nicole result of the improvements, [FR Doc. 2020–05786 Filed 3–19–20; 8:45 am] Ongele at (202) 418–2991. § 54.202(a)(1)(ii). An applicant must BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: demonstrate its ability to remain OMB Control Number: 3060–1081. functional in emergency situations, Title: Section 54.202, 54.209, 54.307, including: A demonstration that it has a FEDERAL COMMUNICATIONS 54.313, 54.314, and 54.809, reasonable amount of back-up power to COMMISSION Telecommunications Carriers Eligible ensure functionality without an external power source; is able to reroute traffic [OMB 3060–1081, 3060–1224; FRS 16567] for Universal Service Support. Form Number: N/A. around damaged facilities; is capable of Information Collections Being Type of Review: Extension of a managing traffic spikes resulting from Reviewed by the Federal currently approved collection. emergency situations, § 54.202(a)(2); Communications Commission Under Respondents: Business or other for- and a demonstration that it will satisfy Delegated Authority profit. applicable consumer protection and Number of Respondents and service quality standards, § 54.202(a)(3). AGENCY: Federal Communications Responses: 20 respondents; 20 A commitment by wireless applicants Commission. responses. to comply with the Cellular ACTION: Notice and request for Estimated Time per Response: 40 Telecommunications and internet comments. hours. Association’s Consumer Code for Obligation to Respond: Required to Wireless Service will satisfy this SUMMARY: As part of its continuing effort obtain or retain benefits. Statutory requirement and other commitments to reduce paperwork burdens, and as authority is contained in sections will be considered on a case-by-case required by the Paperwork Reduction 201(b), 214(e)(6), and 303(r) of the basis. If the common carrier is seeking Act (PRA) of 1995, the Federal Communications Act of 1934, as designation as an ETC under section Communications Commission (FCC or amended, 47 U.S.C. 201(b), 214(e)(6), 214(e)(6) for any part of Tribal lands, it the Commission) invites the general 303(r). shall provide a copy of its petition to the public and other Federal agencies to Frequency of Response: Annual affected tribal government and tribal take this opportunity to comment on the reporting requirement. regulatory authority, as applicable, at following information collection. Total Annual Burden: 800 hours. the time it files its petition with the Comments are requested concerning: Total Annual Cost: No cost. Commission. In addition, the
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16102 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Commission will send any public notice payments. As mentioned in the NPRM, the Board of Governors, Ann E. seeking comment on any petition for we envision that the information would Misback, Secretary of the Board, 20th designation as an eligible be submitted on standardized incentive Street and Constitution Avenue NW, telecommunications carrier on Tribal payment forms similar to the Automated Washington, DC 20551–0001, not later lands, at the time it is released, to the Clearing House (‘‘ACH’’) forms than April 21, 2020. affected tribal government and tribal unsuccessful bidders in typical A. Federal Reserve Bank of Chicago regulatory authority, as applicable, by spectrum license auctions use to request (Colette A. Fried, Assistant Vice the most expeditious means available, refunds of their deposits and upfront President) 230 South LaSalle Street, § 54.202(c). payments. This information collection is Chicago, Illinois 60690–1414: OMB Control Number: 3060–1224. necessary to facilitate incentive 1. Arbor Bancorp, Inc., Ann Arbor, Title: Reverse Auction (Auction 1001) payments and should not be Michigan; to merge with FNBH Bancorp, Incentive Payment Instructions from burdensome to successful bidders. Inc., and thereby indirectly acquire First Reverse Auction Winning Bidder. Specifically, without further instruction National Bank in Howell, both of Form Number: FCC Form 1875. and bank account information from Howell, Michigan. Type of Review: Extension of a successful bidders, the Commission Board of Governors of the Federal Reserve currently approved collection. would not know where to send the System, March 17, 2020. Respondents: Business or other for- incentive payments.’’ [footnotes Yao-Chin Chao, omitted] 2 profit, Not-for-profit institutions and Assistant Secretary of the Board. State, Local or Tribal government. The information collection for which Number of Respondents and we are requesting approval is the [FR Doc. 2020–05915 Filed 3–19–20; 8:45 am] Responses: 750 respondents; 1,500 standardized incentive payment form BILLING CODE P responses. referred to in the paragraph above. Estimated Time per Response: 2.5 Federal Communications Commission. FEDERAL RESERVE SYSTEM hours. Cecilia Sigmund, Frequency of Response: One-time Federal Register Liaison Officer, Office of the Change in Bank Control Notices; reporting requirement. Secretary. Acquisitions of Shares of a Bank or Obligation to Respond: Required to Bank Holding Company obtain or retain benefits. The statutory [FR Doc. 2020–05787 Filed 3–19–20; 8:45 am] authority for this information collection BILLING CODE 6712–01–P The notificants listed below have is contained in the Middle Class Tax applied under the Change in Bank Relief and Job Creation Act of 2012, Control Act (Act) (12 U.S.C. 1817(j)) and Public Law 112–96 (Spectrum Act) FEDERAL RESERVE SYSTEM § 225.41 of the Board’s Regulation Y (12 § 6403(a)(1). Formations of, Acquisitions by, and CFR 225.41) to acquire shares of a bank Total Annual Burden: 3,750 hours. Mergers of Bank Holding Companies or bank holding company. The factors Total Annual Cost: No Cost. that are considered in acting on the Nature and Extent of Confidentiality: The companies listed in this notice applications are set forth in paragraph 7 The information collection includes have applied to the Board for approval, of the Act (12 U.S.C. 1817(j)(7)). information identifying bank accounts pursuant to the Bank Holding Company The applications listed below, as well and providing account and routing Act of 1956 (12 U.S.C. 1841 et seq.) as other related filings required by the numbers to access those accounts. FCC (BHC Act), Regulation Y (12 CFR part Board, if any, are available for considers that information to be records 225), and all other applicable statutes immediate inspection at the Federal not routinely available for public and regulations to become a bank Reserve Bank indicated. The inspection under 47 CFR 0.457, and holding company and/or to acquire the applications will also be available for exempt from disclosure under FOIA assets or the ownership of, control of, or inspection at the offices of the Board of exemption 4 (5 U.S.C. 552(b)(4)). the power to vote shares of a bank or Governors. Interested persons may Privacy Act Impact Assessment: No bank holding company and all of the express their views in writing on the impact(s). banks and nonbanking companies standards enumerated in paragraph 7 of Needs and Uses: The Spectrum Act owned by the bank holding company, the Act. mandates ‘‘a reverse auction to including the companies listed below. Comments regarding each of these determine the amount of compensation The applications listed below, as well applications must be received at the that each broadcast television licensee as other related filings required by the Reserve Bank indicated or the offices of would accept in return for voluntarily Board, if any, are available for the Board of Governors, Ann E. relinquishing some or all of its immediate inspection at the Federal Misback, Secretary of the Board, 20th broadcast television spectrum usage Reserve Bank indicated. The and Constitution Avenue NW, rights in order to make spectrum applications will also be available for Washington, DC 20551–0001, not later available for assignment through a inspection at the offices of the Board of 1 than April 6, 2020. system of competitive bidding’’. Governors. Interested persons may A. Federal Reserve Bank of Chicago The Commission conducted notice- express their views in writing on the (Colette A. Fried, Assistant Vice and-comment rulemaking to implement standards enumerated in the BHC Act President) 230 South LaSalle Street, the Spectrum Act, and ruled in the (12 U.S.C. 1842(c)). Chicago, Illinois 60690–1414: Incentive Auction Report and Order Comments regarding each of these 1. Matthew J. Lujano, Carroll, Iowa; that: ‘‘we adopt the Commission’s applications must be received at the and Margaret A. White, Westside, Iowa; proposal to require successful bidders in Reserve Bank indicated or the offices of to acquire and to retain, respectively, the reverse auction to submit additional voting shares of Halbur Bancshares, Inc., information to facilitate incentive 2 Expanding the Economic and Innovation and thereby indirectly acquire or retain Opportunities of Spectrum Through Incentive 1 Middle Class Tax Relief and Job Creation Act of Auctions, GN Docket No. 12–268, Report and Order, voting shares of Westside State Bank, 2012, Public Law 112–96 (Spectrum Act) 29 FCC Rcd 6567 (2014) (‘‘Incentive Auction R&O’’) both of Westside, Iowa, and acting in § 6403(a)(1). at 537. concert with James J. White, Westside,
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16103
Iowa, to form the White Family Control DEPARTMENT OF HEALTH AND • Mail/Hand Delivery/Courier (for Group. HUMAN SERVICES written/paper submissions): Dockets B. Federal Reserve Bank of Kansas Management Staff (HFA–305), Food and Food and Drug Administration City (Dennis Denney, Assistant Vice Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. President) 1 Memorial Drive, Kansas [Docket No. FDA–2019–D–5364] • For written/paper comments City, Missouri 64198–0001: Submission of Plans for Cigarette submitted to the Dockets Management 1. Angel Reyes, Taos, New Mexico; Packages and Cigarette Staff, FDA will post your comment, as Christopher Romero, San Cristobal, New Advertisements; Guidance for well as any attachments, except for Mexico; and Rebeca Romero Rainey, Industry; Availability information submitted, marked and Arlington, Virginia; to be approved as identified, as confidential, if submitted members acting in concert with the AGENCY: Food and Drug Administration, as detailed in ‘‘Instructions.’’ Romero Family Control Group to HHS. Instructions: All submissions received acquire voting shares of Centinel Bank ACTION: Notice of availability. must include the Docket No. FDA– Shares, Inc. and thereby indirectly 2019–D–5364 for ‘‘Submission of Plans acquire voting shares of Centinel Bank SUMMARY: The Food and Drug for Cigarette Packages and Cigarette Advertisements.’’ Received comments of Taos, both of Taos, New Mexico. Administration (FDA) is announcing the availability of a final guidance for will be placed in the docket and, except Board of Governors of the Federal Reserve industry entitled ‘‘Submission of Plans for those submitted as ‘‘Confidential System, March 17, 2020. for Cigarette Packages and Cigarette Submissions,’’ publicly viewable at Yao-Chin Chao, Advertisements.’’ This guidance is https://www.regulations.gov or at the Assistant Secretary of the Board. intended to assist those required to Dockets Management Staff office [FR Doc. 2020–05916 Filed 3–19–20; 8:45 am] submit cigarette plans for cigarette between 9 a.m. and 4 p.m., Monday packages and cigarette advertisements through Friday. BILLING CODE 6210–01–P • by providing content, timing, and other Confidential Submissions—To recommendations related to those submit a comment with confidential submissions. information that you do not wish to be made publicly available, submit your FEDERAL RETIREMENT THRIFT DATES: The announcement of the comments only as a written/paper INVESTMENT BOARD guidance is published in the Federal submission. You should submit two Register on March 20, 2020. copies total. One copy will include the Notice of March 23, 2020 FRTIB Board ADDRESSES: You may submit comments information you claim to be confidential Member Meeting: Correction on any guidance at any time as follows: with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS AGENCY: Electronic Submissions Federal Retirement Thrift CONFIDENTIAL INFORMATION.’’ The Investment Board. Submit electronic comments in the Agency will review this copy, including ACTION: Notice, Correction. following way: the claimed confidential information, in • Federal eRulemaking Portal: its consideration of comments. The SUMMARY: https://www.regulations.gov. Follow the second copy, which will have the instructions for submitting comments. claimed confidential information Due to the COVID–19 pandemic, the Comments submitted electronically, redacted/blacked out, will be available March 23, 2020 FRTIB Board Member including attachments, to https:// for public viewing and posted on meeting will be conducted www.regulations.gov will be posted to https://www.regulations.gov. Submit telephonically and not at the Agency’s the docket unchanged. Because your both copies to the Dockets Management 77 K St., Washington, DC location. comment will be made public, you are Staff. If you do not wish your name and Members of the public who are solely responsible for ensuring that your contact information to be made publicly interested in the meeting can listen to comment does not include any available, you can provide this the meeting by calling 1–877–446–3914 confidential information that you or a information on the cover sheet and not and using passcode 8249934. third party may not wish to be posted, in the body of your comments and you Issues caused by national higher-than- such as medical information, your or must identify this information as normal usage of phone lines may limit anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed the number of individuals able to listen confidential business information, such as a manufacturing process. Please note except in accordance with 21 CFR 10.20 in on the meeting. Material relating to that if you include your name, contact and other applicable disclosure law. For FRTIB Board meetings is available at information, or other information that more information about FDA’s posting frtib.gov. identifies you in the body of your of comments to public dockets, see 80 Contact Person for More Information: comments, that information will be FR 56469, September 18, 2015, or access Kimberly Weaver, Director, Office of posted on https://www.regulations.gov. the information at: https:// External Affairs, (202) 942–1640. • If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- Dated: March 17, 2020. with confidential information that you 09-18/pdf/2015-23389.pdf. do not wish to be made available to the Docket: For access to the docket to Megan Grumbine, public, submit the comment as a read background documents or the General Counsel, Federal Retirement Thrift written/paper submission and in the electronic and written/paper comments Investment Board. manner detailed (see ‘‘Written/Paper received, go to https:// [FR Doc. 2020–05892 Filed 3–19–20; 8:45 am] Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the BILLING CODE 6760–01–P docket number, found in brackets in the Written/Paper Submissions heading of this document, into the Submit written/paper submissions as ‘‘Search’’ box and follow the prompts follows: and/or go to the Dockets Management
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16104 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Staff, 5630 Fishers Lane, Rm. 1061, FDA for review and approval, rather public. You can use an alternative Rockville, MD 20852. than to the Federal Trade Commission. approach if it satisfies the requirements You may submit comments on any FDA issued a rule entitled ‘‘Tobacco of the applicable statutes and guidance at any time (see 21 CFR Products; Required Warnings for regulations. 10.115(g)(5)). Cigarette Packages and Advertisements’’ III. Paperwork Reduction Act of 1995 Submit written requests for single on March 18, 2020. The rule specifies copies of this guidance to the Center for the color graphics that must accompany This guidance refers to collections of Tobacco Products, Food and Drug the new textual warning label information described in FDA’s rule on Administration, Document Control statements and establishes marketing ‘‘Tobacco Products; Required Warnings Center, Bldg. 71, Rm. G335, 10903 New requirements for cigarette packages and for Cigarette Packages and Hampshire Ave., Silver Spring, MD advertisements. The marketing Advertisements,’’ which this guidance 20993–0002. Send one self-addressed requirements include, among other is intended to interpret. These adhesive label to assist that office in things, submission of a cigarette plan collections of information are subject to processing your request or include a fax that provides for the random and equal review by the Office of Management and number to which the guidance may be display and distribution of the required Budget (OMB) under the Paperwork sent. See the SUPPLEMENTARY warnings on cigarette packages and Reduction Act of 1995 (44 U.S.C. 3501– INFORMATION section for information on quarterly rotation of the required 3521). The information collection electronic access to the guidance. warnings in cigarette advertisements, as provisions in the final rule have been submitted to OMB for review as FOR FURTHER INFORMATION CONTACT: described under section 4 of FCLAA. required by section 3507(d) of the Lauren Belcher or Annette Marthaler, This guidance provides Paperwork Reduction Act of 1995. Center for Tobacco Products, Food and recommendations related to preparing Drug Administration, 10903 New and submitting those cigarette plans. It IV. Electronic Access discusses the regulatory requirements to Hampshire Ave., Document Control Persons with access to the internet Center, Bldg. 71, Rm. G335, 10903 New submit cigarette plans as well as: • Who submits a cigarette plan; may obtain an electronic version of the Hampshire Ave., Silver Spring, MD • guidance at either https:// 20993–0002, 1–877–287–1373, email: the scope of a cigarette plan; • when to submit a cigarette plan; www.regulations.gov or https:// [email protected]. • what information should be www.fda.gov/TobaccoProducts/ SUPPLEMENTARY INFORMATION: submitted as part of a cigarette plan; GuidanceComplianceRegulatory • I. Background where to submit a cigarette plan; Information/default.htm. and Dated: March 17, 2020. FDA is announcing the availability of • what approval of a cigarette plan Lowell J. Schiller, a guidance for industry entitled means. ‘‘Submission of Plans for Cigarette FDA previously published a draft Principal Associate Commissioner for Policy. Packages and Cigarette version of the guidance and sought [FR Doc. 2020–05936 Filed 3–19–20; 8:45 am] Advertisements.’’ The Family Smoking public comment (84 FR 71957, BILLING CODE 4164–01–P Prevention and Tobacco Control Act December 30, 2019) (announcing the (Tobacco Control Act) (Pub. L. 111–31) availability of the draft guidance). DEPARTMENT OF HEALTH AND was enacted on June 22, 2009, and Among other things, comments express HUMAN SERVICES granted FDA important new authority to some concerns, such as about printing regulate the manufacture, marketing, processes, as well as the difficulty of Health Resources and Services and distribution of tobacco products. achieving random and equal display Administration The Tobacco Control Act also amended and distribution of required warnings. section 4 of the Federal Cigarette FDA has considered the comments it Meeting of the Advisory Council on Labeling and Advertising Act (FCLAA) received, and included revisions in the Blood Stem Cell Transplantation to direct FDA to issue regulations final guidance that: (1) Discuss, per the requiring each cigarette package and final rule, that manufacturers may print AGENCY: Health Resources and Services advertisement to bear a new textual different required warnings on front and Administration (HRSA), Department of warning label statement accompanied rear panels of a cigarette package; (2) Health and Human Services (HHS). by color graphics depicting the negative recognize that some level of deviation is ACTION: Notice. health consequences of smoking appropriate given the language of the SUMMARY: In accordance with the (section 201 of the Tobacco Control FCLAA; and (3) provide updated Act). In enacting this legislation, Federal Advisory Committee Act, this examples in an appendix to the notice announces that the Secretary’s Congress also provided that FDA may guidance that demonstrate how random adjust the required warnings if FDA Advisory Council on Blood Stem Cell and equal display and distribution may Transplantation (ACBSCT) has found that such a change would be achieved with various printing promote greater public understanding of scheduled a public meeting. Information methods, including those used by small about ACBSCT and the agenda for this the risks associated with the use of manufacturers. tobacco products (section 202 of the meeting can be found on the ACBSCT Tobacco Control Act). The Tobacco II. Significance of Guidance website at https:// Control Act also modified the FDA is issuing this guidance bloodstemcell.hrsa.gov/about/advisory- requirements of the FCLAA regarding consistent with FDA’s good guidance council the submission of cigarette plans for the practices regulation (21 CFR 10.115). DATES: April 27, 2020, 8:00 a.m.–4:00 random and equal display and The guidance represents the current p.m. Eastern Time (ET). distribution of required warnings on thinking of FDA regarding the ADDRESSES: This meeting will be held cigarette packages and quarterly rotation submission of cigarette plans for by webinar and conference call. The of required warnings in cigarette cigarette packages and advertisements. webinar link, conference call-in advertisements. It also requires that It does not establish any rights for any number, registration information, and such cigarette plans be submitted to person and is not binding on FDA or the meeting materials can be accessed
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16105
through the registration link on the DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance ACBSCT website at https:// HUMAN SERVICES Program Nos. 93.306, Comparative Medicine; bloodstemcell.hrsa.gov/about/advisory- 93.333, Clinical Research, 93.306, 93.333, National Institutes of Health 93.337, 93.393–93.396, 93.837–93.844, council. 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) FOR FURTHER INFORMATION CONTACT: Center for Scientific Review; Notice of Robert Walsh, Designated Federal Closed Meetings Dated: March 16, 2020. Miguelina Perez, Official, (DFO), at Division of Pursuant to section 10(d) of the Transplantation, HRSA, 5600 Fishers Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory Committee Policy. Lane, 8W60, Rockville, Maryland 20857; amended, notice is hereby given of the 301–443–6839; or [email protected]. following meetings. [FR Doc. 2020–05816 Filed 3–19–20; 8:45 am] BILLING CODE 4140–01–P SUPPLEMENTARY INFORMATION: ACBSCT The meetings will be closed to the provides advice and recommendations public in accordance with the provisions set forth in sections to the Secretary of HHS (Secretary) and DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the HRSA Administrator on the HUMAN SERVICES as amended. The grant applications and activities of the C.W. Bill Young Cell the discussions could disclose National Institutes of Health Transplantation Program (CWBYCTP) confidential trade secrets or commercial and the National Cord Blood Inventory property such as patentable material, National Institute of Diabetes and (NCBI) Program. The principal purpose and personal information concerning Digestive and Kidney Diseases; of these programs is to make blood stem individuals associated with the grant Amended Notice of Meeting cells from adult donors and cord blood applications, the disclosure of which units available for patients who need a would constitute a clearly unwarranted Notice is hereby given of a change in transplant to treat life-threatening invasion of personal privacy. the meeting of the National Institute of conditions such as leukemia, and who Diabetes and Digestive and Kidney Name of Committee: Center for Scientific lack a suitably matched relative who Diseases Special Emphasis Panel, March Review Special Emphasis Panel; Myalgic 30, 2020, 05:00 p.m. to March 31, 2020, can be the donor. Encephalomyelitis/Chronic Fatigue Syndrome. 05:00 p.m., The Bethesdan Hotel, During the April 27, 2020, meeting, Tapestry Collection by Hilton, 8120 the ACBSCT will discuss issues related Date: April 14, 2020. Time: 11:00 a.m. to 3:00 p.m. Wisconsin Ave, Bethesda, MD, 20814 to increasing access to transplantation Agenda: To review and evaluate grant which was published in the Federal (including the utilization of cord blood applications. Register on February 11, 2020, 85 FR and other types of cellular therapy). Place: National Institutes of Health, 7772. Agenda items are subject to change as Rockledge II, 6701 Rockledge Dr., Bethesda, The meeting notice is amended to priorities dictate. Refer to the ACBSCT MD 20892 (Telephone Conference Call). change the Meeting Format from website for any updated information Contact Person: M. Catherine Bennett, Regular Meeting on March 30–31, 2020 concerning the meeting. Ph.D., Scientific Review Officer, Center for to a Teleconference Meeting on March Scientific Review, National Institutes of Members of the public will have the Health, 6701 Rockledge Drive, Room 5182, 30–31, 2020. The meeting is closed to opportunity to provide comments. MSC 7846, Bethesda, MD 20892, (301) 435– the public. Public participants may submit written 1766, [email protected]. Dated: March 16, 2020. statements in advance of the scheduled Name of Committee: Center for Scientific Miguelina Perez, meeting. Oral comments will be Review Special Emphasis Panel; Special Program Analyst, Office of Federal Advisory Topics in Human Aging. Committee Policy. honored in the order they are requested Date: April 14, 2020. and may be limited as time allows. Time: 11:00 a.m. to 2:00 p.m. [FR Doc. 2020–05822 Filed 3–19–20; 8:45 am] Requests to submit a written statement Agenda: To review and evaluate grant BILLING CODE 4140–01–P or make oral comments to ACBSCT applications. should be sent to Robert Walsh, DFO, Place: National Institutes of Health, using the contact information above at Rockledge II, 6701 Rockledge Dr., Bethesda, DEPARTMENT OF HEALTH AND HUMAN SERVICES least 3 business days prior to the MD 20892 (Telephone Conference Call). Contact Person: Samuel C. Edwards, Ph.D., meeting. Chief, BDCN IRG, Center for Scientific National Institutes of Health Individuals planning to participate Review, National Institutes of Health, 6701 who need special assistance or another Rockledge Drive, Room 5210, MSC 7846, Eunice Kennedy Shriver National reasonable accommodation should Bethesda, MD 20892, (301) 435–1246, Institute of Child Health & Human [email protected]. notify Robert Walsh at the address and Development Amended Notice of phone number listed above at least 10 Name of Committee: Center for Scientific Meeting Review Special Emphasis Panel; PAR 18–731 business days prior to the meeting. Cancer Workforce Diversity. Notice is hereby given of a change in the meeting of the National Institute of Maria G. Button, Date: April 16, 2020. Time: 12:00 p.m. to 5:00 p.m. Child Health and Human Development Director, Executive Secretariat. Agenda: To review and evaluate grant Special Emphasis Panel, Fertility and [FR Doc. 2020–05921 Filed 3–19–20; 8:45 am] applications. Infertility Preservation for Patients with BILLING CODE 4165–15–P Place: National Institutes of Health, Diseases that Previously Precluded Rockledge II, 6701 Rockledge Dr., Bethesda, Reproduction, April 15, 2020, 08:00 MD 20892 (Virtual Meeting). Contact Person: Reigh-Yi Lin, Ph.D., a.m. to April 15, 2020, 05:00 p.m., Scientific Review Officer, Center for NICHD Offices, 6710B Rockledge Drive, Scientific Review, National Institutes of Bethesda, MD, 20892 which was Health, 6701 Rockledge Drive, Bethesda, MD published in the Federal Register on 20892, (301) 827–6009, [email protected]. March 06, 2020, 85 FR 10707.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16106 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
The meeting format has changed from DEPARTMENT OF HEALTH AND Name of Committee: National Cancer an in-person meeting to a HUMAN SERVICES Institute Special Emphasis Panel; FEB2020 teleconference. The meeting is closed to Cycle 34 NExT SEP Committee Meeting. the public. National Institutes of Health Date: April 21, 2020. Time: 9:00 a.m. to 3:00 p.m. Dated: March 16, 2020. National Heart, Lung, and Blood Agenda: To evaluate the NCI Experimental Ronald J. Livingston, Jr., Institute; Amended Notice of Meeting Therapeutics Program Portfolio. Program Analyst, Office of Federal Advisory Place: National Institutes of Health, 9000 Committee Policy. Notice is hereby given of a change in Rockville Pike, Building 31, Room 3A44, [FR Doc. 2020–05821 Filed 3–19–20; 8:45 am] the meeting of the National Heart, Lung, Bethesda, MD 20892, Teleconference Call. BILLING CODE 4140–01–P and Blood Institute Special Emphasis Contact Persons: Barbara Mroczkowski, Panel, April 14, 2020, 08:30 a.m. to Ph.D., Executive Secretary, Discovery April 14, 2020, 04:00 p.m., The William Experimental Therapeutics Program, DEPARTMENT OF HEALTH AND F. Bolger Center, 9600 New Bridge National Cancer Institute, NIH 31 Center HUMAN SERVICES Drive, Potomac, MD 20854 which was Drive, Room 3A44, Bethesda, MD 20817, published in the Federal Register on (301) 496–4291, [email protected]; National Institutes of Health Toby Hecht, Ph.D., Executive Secretary, March 04, 2020, 85 FR 12799. Development Experimental Therapeutics The NHLBI Special Emphasis Panel Program, National Cancer Institute, NIH Center for Scientific Review; Notice of meeting is being amended due to a Closed Meeting 9609, Medical Center Drive, Room 3W110, change in the meeting format. This one Rockville, MD 20850, (240) 276–5683, day meeting to be held on April 14, [email protected]. Pursuant to section 10(d) of the 2020 will be a teleconference meeting. (Catalogue of Federal Domestic Assistance Federal Advisory Committee Act, as The meeting is closed to the public. amended, notice is hereby given of the Program Nos. 93.392, Cancer Construction; Dated: March 16, 2020. 93.393, Cancer Cause and Prevention following meeting. Research; 93.394, Cancer Detection and Ronald J. Livingston, Jr., The meeting will be closed to the Diagnosis Research; 93.395, Cancer public in accordance with the Program Analyst, Office of Federal Advisory Treatment Research; 93.396, Cancer Biology Committee Policy. provisions set forth in sections Research; 93.397, Cancer Centers Support; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 2020–05819 Filed 3–19–20; 8:45 am] 93.398, Cancer Research Manpower; 93.399, as amended. The grant applications and BILLING CODE 4140–01–P Cancer Control, National Institutes of Health, the discussions could disclose HHS) confidential trade secrets or commercial Dated: March 16, 2020. DEPARTMENT OF HEALTH AND property such as patentable material, HUMAN SERVICES Melanie J. Pantoja, and personal information concerning Program Analyst, Office of Federal Advisory individuals associated with the grant National Institutes of Health Committee Policy. applications, the disclosure of which [FR Doc. 2020–05817 Filed 3–19–20; 8:45 am] would constitute a clearly unwarranted National Cancer Institute; Notice of BILLING CODE 4140–01–P invasion of personal privacy. Closed Meeting Name of Committee: Center for Scientific Review Special Emphasis Panel; Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Fellowships: Infectious Diseases. Federal Advisory Committee Act, as HUMAN SERVICES Date: March 23–24, 2020. amended, notice is hereby given of the Time: 10:00 a.m. to 6:00 p.m. following meeting. National Institutes of Health Agenda: To review and evaluate grant The meeting will be closed to the applications. public in accordance with the Center for Scientific Review; Amended Place: National Institutes of Health, provisions set forth in sections Notice of Meeting Rockledge II, 6701 Rockledge Dr., Bethesda, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MD 20892 (Virtual Meeting). as amended. The purpose of this Notice is hereby given of a change in Contact Person: Alexander D. Politis, the meeting of the Center for Scientific Ph.D., Scientific Review Officer, Center for meeting is to evaluate requests for Scientific Review, National Institutes of preclinical development resources for Review Special Emphasis Panel, RM18– Health, 6701 Rockledge Drive, Room 3210, potential new therapeutics for the 009: NIH Transformative Research MSC 7808, Bethesda, MD 20892, (301) 435– treatment of cancer. The outcome of the Awards (R01) Review, April 7, 2020, 1150, [email protected]. evaluation will provide information to 8:00 a.m. to 6:00 p.m., Hyatt Regency This notice is being published less than 15 internal NCI committees that will Bethesda, One Bethesda Metro Center, days prior to the meeting due to the timing decide whether NCI should support Bethesda, MD 20814, which was limitations imposed by the review and requests and make available contract published in the Federal Register on funding cycle. resources for development of the March 13, 2020, 85 FR 14687. (Catalogue of Federal Domestic Assistance potential therapeutic to improve the The meeting will be held at National Program Nos. 93.306, Comparative Medicine; treatment of various forms of cancer. 93.333, Clinical Research, 93.306, 93.333, Institutes of Health, 6701 Rockledge The research proposals and the Drive, Bethesda, MD 20872. The 93.337, 93.393–93.396, 93.837–93.844, discussions could disclose confidential 93.846–93.878, 93.892, 93.893, National meeting date remains the same. The Institutes of Health, HHS) trade secrets or commercial property meeting is closed to the public. such as patentable material, and Dated: March 16, 2020. personal information concerning Dated: March 16, 2020. Ronald J. Livingston, Jr., individuals associated with the Ronald J. Livingston, Jr., Program Analyst, Office of Federal Advisory proposed research projects, the Program Analyst, Office of Federal Advisory Committee Policy. disclosure of which would constitute a Committee Policy. [FR Doc. 2020–05814 Filed 3–19–20; 8:45 am] clearly unwarranted invasion of [FR Doc. 2020–05815 Filed 3–19–20; 8:45 am] BILLING CODE 4140–01–P personal privacy. BILLING CODE 4140–01–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16107
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND 20892, 301–402–9448, shinako.takada@ HUMAN SERVICES HUMAN SERVICES nih.gov. Name of Committee: Center for Scientific National Institutes of Health National Institutes of Health Review Special Emphasis Panel; Member Conflict: AIDS and Related Research. Eunice Kennedy Shriver National Center for Scientific Review; Notice of Date: April 7, 2020. Closed Meetings Time: 1:00 p.m. to 5:00 p.m. Institute of Child Health & Human Agenda: To review and evaluate grant Development; Amended Notice of Pursuant to section 10(d) of the applications. Meeting Federal Advisory Committee Act, as Place: National Institutes of Health, amended, notice is hereby given of the Rockledge II, 6701 Rockledge Dr., Bethesda, Notice is hereby given of a change in following meetings. MD 20892 (Telephone Conference Call). the meeting of the National Institute of Contact Person: Jingsheng Tuo, Ph.D., The meetings will be closed to the Scientific Review Officer, Center for Child Health and Human Development public in accordance with the Scientific Review, National Institutes of Special Emphasis Panel, IDDRC Review provisions set forth in sections Health, 6701 Rockledge Drive, Room 5207, Intellectual and Developmental 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bethesda, MD 20892, 301–451–8754, tuoj@ Disabilities Research Centers 2020, as amended. The grant applications and nei.nih.gov. April 21, 2020, 08:00 a.m. to April 22, the discussions could disclose Name of Committee: Center for Scientific 2020, 05:00 p.m. which was published confidential trade secrets or commercial Review Special Emphasis Panel; RFA–MH– in the Federal Register on March 06, property such as patentable material, 20–520: Implementation Research in HRSA and personal information concerning Ryan White Sites. 2020, 85 FR 10707. Date: April 8, 2020. The meeting format has changed from individuals associated with the grant Time: 9:00 a.m. to 4:00 p.m. applications, the disclosure of which in-person meeting to a teleconference Agenda: To review and evaluate grant would constitute a clearly unwarranted meeting. The meeting is closed to the applications. invasion of personal privacy. Place: National Institutes of Health, public. Rockledge II, 6701 Rockledge Dr., Bethesda, Name of Committee: Center for Scientific MD 20892 (Virtual Meeting). Dated: March 16, 2020. Review Special Emphasis Panel; High-End Contact Person: Dimitrios Nikolaos Ronald J. Livingston, Jr., Instrumentation (HEI) Grant Program (S10 Vatakis, Ph.D., Scientific Review Officer, Program Analyst, Office of Federal Advisory Clinical Trial Not Allowed). Center for Scientific Review, National Committee Policy. Date: April 6, 2020. Institutes of Health, 6701 Rockledge Drive, Time: 4:00 p.m. to 6:00 p.m. [FR Doc. 2020–05820 Filed 3–19–20; 8:45 am] Room 3190, Bethesda, MD 20892, 301–827– Agenda: To review and evaluate grant 7480, [email protected]. BILLING CODE 4140–01–P applications. Place: National Institutes of Health, Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Rockledge II, 6701 Rockledge Dr., Bethesda, Conflict: Population Sciences and MD 20892 (Telephone Conference Call). DEPARTMENT OF HEALTH AND Epidemiology. Contact Person: Songtao Liu, MD, HUMAN SERVICES Date: April 8, 2020. Scientific Review Officer, Center for Time: 11:00 a.m. to 5:00 p.m. National Institutes of Health Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5118, applications. National Heart, Lung, and Blood Bethesda, MD 20817, 301–827–6828, Place: National Institutes of Health, [email protected]. Institute; Amended Notice of Meeting Rockledge II, 6701 Rockledge Drive, Name of Committee: Center for Scientific Bethesda, MD 20892 (Virtual Meeting). Notice is hereby given of a change in Review Special Emphasis Panel; RM18–009: Contact Person: Denise Wiesch, Ph.D., NIH Transformative Research Awards (R01) Scientific Review Officer, Center for the meeting of the National Heart, Lung, Review. Scientific Review, National Institutes of and Blood Institute Special Emphasis Date: April 7, 2020. Health, 6701 Rockledge Drive, Room 3138, Panel, April 7, 2020, 08:00 a.m. to April Time: 8:00 a.m. to 6:00 p.m. MSC 7770, Bethesda, MD 20892, (301) 437– 7, 2020, 12:30 p.m., Embassy Suites— Agenda: To review and evaluate grant 3478, [email protected]. Chevy Chase Pavilion, 4300 Military applications. Name of Committee: Center for Scientific Road NW, Washington, DC 20015 which Place: National Institutes of Health, Review Special Emphasis Panel; Social Rockledge II, 6701 Rockledge Dr., Bethesda, was published in the Federal Register Psychology, Personality, and Interpersonal MD 20892 (Virtual Meeting). Processes. on March 04, 2020, 85 FR 12799. Contact Person: Raymond Jacobson, Ph.D., Date: April 8, 2020. The NHLBI Special Emphasis Panel Scientific Review Officer, Center for Time: 1:00 p.m. to 2:00 p.m. meeting is being amended due to a Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5858, change in the meeting format. This one applications. MSC 7849, Bethesda, MD 20892, 301–996– Place: National Institutes of Health, day meeting to be held on April 7, 2020 7702, [email protected]. Rockledge II, 6701 Rockledge Dr., Bethesda, will be a teleconference meeting. The Name of Committee: Center for Scientific MD 20892 (Telephone Conference Call). meeting is closed to the public. Review Special Emphasis Panel; Member Contact Person: Marc Boulay, Ph.D., Dated: March 16, 2020. Conflict: AIDS and Related Research. Scientific Review Officer, Center for Date: April 7, 2020. Scientific Review, National Institutes of Ronald J. Livingston, Jr., Time: 9:00 a.m. to 4:00 p.m. Health, 6701 Rockledge Drive, Room 3110, Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant MSC 7808, Bethesda, MD 20892, (301) 300– Committee Policy. applications. 6541, [email protected]. [FR Doc. 2020–05818 Filed 3–19–20; 8:45 am] Place: National Institutes of Health, Name of Committee: Center for Scientific Rockledge II, 6701 Rockledge Dr., Bethesda, Review Special Emphasis Panel; Member BILLING CODE 4140–01–P MD 20892 (Virtual Meeting). Conflict: Cancer Biology. Contact Person: Shinako Takada, Ph.D., Date: April 8, 2020. Scientific Review Officer, Center for Time: 12:00 p.m. to 5:00 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Bethesda, MD applications.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16108 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific requirements related to computer Rockledge Dr., Bethesda, MD 20817 (Virtual Review Special Emphasis Panel; RFA–NS– system and network vulnerabilities of Meeting). 20–005: Mechanistic Basis of TDP–43- MTSA-regulated facilities. It also Contact Person: Sarita Kandula Sastry, Dependent Pathobiology in Common provides owners and operators of the Ph.D., Scientific Review Officer, Center for Dementias. Scientific Review, National Institutes of Date: April 14, 2020. facilities with guidance on how to Health, 6701 Rockledge Drive, Bethesda, MD Time: 11:00 a.m. to 6:00 p.m. analyze these vulnerabilities in their 20782, [email protected]. Agenda: To review and evaluate grant required Facility Security Assessment Name of Committee: Center for Scientific applications. (FSA) and address them in the Facility Review Special Emphasis Panel; Member Place: National Institutes of Health, Security Plan (FSP). Conflict: Chronic Neurodegenerative and Rockledge II, 6701 Rockledge Dr., Bethesda, FOR FURTHER INFORMATION CONTACT: If Neurodevelopment Disorders. MD 20892 (Virtual Meeting). you have questions on this notice, call Date: April 9, 2020. Contact Person: Laurent Taupenot, Ph.D., or email, CDR Brandon Link, U.S. Coast Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for Guard; telephone 202–372–1107, email Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 4188, [email protected]. Place: National Institutes of Health, MSC 7850, Bethesda, MD 20892, (301) 435– SUPPLEMENTARY INFORMATION: Rockledge II, 6701 Rockledge Dr., Bethesda, 1203, [email protected]. Discussion MD 20892 (Virtual Meeting). Name of Committee: Center for Scientific Contact Person: Seetha Bhagavan, Ph.D., Review Special Emphasis Panel; RFA panel: As discussed in the United States Scientific Review Officer, Center for A2CPS—Multisite Clinical Centers. Coast Guard Cyber Security Strategy, Scientific Review, National Institutes of Date: April 14, 2020. released in June 2015,1 and the draft Health, 6701 Rockledge Drive, Room 5194, Time: 12:00 p.m. to 4:00 p.m. NVIC,2 published for public comment MSC 7846, Bethesda, MD 20892, (301) 237– Agenda: To review and evaluate grant 9838, [email protected]. on July 12, 2017 (82 FR 32189), cyber applications. security is one of the most serious Name of Committee: Center for Scientific Place: National Institutes of Health, economic and national security Review Special Emphasis Panel; RFA–GM– Rockledge II, 6701 Rockledge Dr., Bethesda, 19–001: Methods to Improve Reproducibility challenges for the maritime industry MD 20892 (Virtual Meeting). and our nation. Maritime facility safety of Human iPSC Derivation, Growth and Contact Person: Jasenka Borzan, Ph.D., Differentiation (SBIR). Scientific Review Officer, Center for and security systems, such as security Date: April 9, 2020. Scientific Review, National Institutes of monitoring, fire detection, and general Time: 11:00 a.m. to 2:30 p.m. Health, 6701 Rockledge Drive, Room 4214, alarm installations increasingly rely on Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892–7814, 301– computer systems and networks. While applications. 435–1787, [email protected]. these computer systems and networks Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Catalogue of Federal Domestic Assistance create benefits, they are inherently (Virtual Meeting). Program Nos. 93.306, Comparative Medicine; vulnerable and introduce new Contact Person: Raj K. Krishnaraju, Ph.D., 93.333, Clinical Research, 93.306, 93.333, vulnerabilities. Scientific Review Officer, Center for 93.337, 93.393–93.396, 93.837–93.844, There are many resources, technical Scientific Review, National Institutes of 93.846–93.878, 93.892, 93.893, National standards, and recommended practices Health, 6701 Rockledge Drive, Room 6190, Institutes of Health, HHS) available to the maritime industry that Bethesda, MD 20892, 301–435–1047, Dated: March 16, 2020. can help with identifying vulnerabilities [email protected]. Ronald J. Livingston, Jr., to facility computer systems and Name of Committee: Center for Scientific Program Analyst, Office of Federal Advisory networks and subsequently Review Special Emphasis Panel; Member Committee Policy. incorporating those vulnerabilities into Conflict: Autoimmunity, Transplantation and [FR Doc. 2020–05813 Filed 3–19–20; 8:45 am] FSPs. However, recent Coast Guard Tumor. experience suggests the maritime Date: April 9, 2020. BILLING CODE 4140–01–P Time: 11:00 a.m. to 5:00 p.m. industry may not be aware of or Agenda: To review and evaluate grant utilizing these resources. Therefore, this NVIC recommends how MTSA- applications. DEPARTMENT OF HOMELAND Place: National Institutes of Health, regulated facilities can address and SECURITY Rockledge II, 6701 Rockledge Drive, mitigate cyber security risks while Bethesda, MD 20892 (Virtual Meeting). Coast Guard ensuring the continued operational Contact Person: Alok Mulky, Ph.D., capability of the nation’s Marine Scientific Review Officer, Center for [Docket No. USCG–2016–1084] Transportation System (MTS). Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4203, RIN 1625–ZA39 The Maritime Transportation Security Bethesda, MD 20892, (301) 435–3566, Act of 2002 (MTSA) (Pub. L. 107–295, [email protected]. Navigation and Vessel Inspection November 25, 2002, as codified in 46 Name of Committee: Center for Scientific Circular (NVIC) 01–20; Guidelines for U.S.C. Chapter 701) addresses the Review Special Emphasis Panel; Member Addressing Cyber Risks at Maritime security of the MTS and authorizes the Conflict: Toxicology and Pharmacology. Transportation Security Act (MTSA) Coast Guard to prescribe regulations. Date: April 9, 2020. Regulated Facilities Under the authority of MTSA, the Coast Time: 11:00 a.m. to 3:00 p.m. Guard promulgated regulations in Agenda: To review and evaluate grant AGENCY: Coast Guard, DHS. subchapter H of Title 33 of the Code of applications. ACTION: Notice of availability. Federal Regulations (CFR). These Place: National Institutes of Health, Rockledge II, 6701 Rockledge Dr., Bethesda, SUMMARY: The Coast Guard announces 1 MD 20892 (Virtual Meeting). https://www.uscg.mil/Portals/0/Strategy/ the availability of Navigation and Vessel Cyber%20Strategy.pdf. Contact Person: Julia Spencer Barthold, 2 The Coast Guard assigns NVICs based on the MD, Scientific Review Officer, Center for Inspection Circular (NVIC) 01–20, titled Guidelines for Addressing Cyber Risks year and order in which they are issued in the final Scientific Review, National Institutes of form. The draft version of this NVIC was assigned Health, 6701 Rockledge Drive, Bethesda, MD at Maritime Transportation Security Act NVIC number 05–17. However, since the final 20892, 301–402–3073, julia.barthold@ (MTSA) Regulated Facilities. This NVIC version of the NVIC will be issued in the year 2020, nih.gov. clarifies the existing MTSA we have assigned it a new number 01–20.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16109
regulations established general Implementation Guidance. This facility’s cyber posture above what is requirements for facility security and Enclosure provided recommended outlined in the NVIC. provided facility owners and operators practices, including the National 2. Comments on Flexibility and discretion to determine the details of Institute of Standards and Technology Adaptability how they will comply with those (NIST) Cyber Security Framework (CSF) requirements. and NIST Special Publication 800–82. Many commenters stated cyber This NVIC provides recommended For the reasons described below, we security guidance should be flexible and practices for MTSA-regulated facilities have removed Enclosure (2) from the should allow each facility to create to address computer system and NVIC. solutions that fit its specific needs and network vulnerabilities, more The Coast Guard sought public changing risks. The Coast Guard agrees. commonly referred to as cyber security comments on the draft NVIC’s necessity, This NVIC does not include a checklist vulnerabilities.3 Based on industry robustness, and its costs. Specifically, or otherwise prescribe cyber security comments, the Coast Guard has revised we sought comments on the feasibility solutions. This NVIC emphasizes that the NVIC and its Enclosures. We revised of the implementation of the NVIC’s existing regulations require MTSA- the NVIC to clarify its advisory nature guidance, its flexibility and usefulness regulated facilities to assess and address and applicability. The Coast Guard also in addressing the broad scope of vulnerabilities in computer systems and changed the title of the draft NVIC vulnerabilities and risk facing regulated networks and provides guidance on how Enclosure (1) from Cyber Security and facilities, and its ability to remain valid to mitigate those cyber security MTSA: 33 CFR parts 105 and 106 to when technology and industry’s use of vulnerabilities identified in the facility’s Cyber Security and MTSA. The Coast technology changes. In addition, the FSA. Guard made this change because the Coast Guard sought comments on 3. Comments on the Implementation of revised Enclosure (1) consists of two whether this guidance aligned with the NVIC separate sections: The first section activities that industry has already A. The draft NVIC stated that once it advises on the nature and purpose of the implemented. After the 90-day public MTSA regulations and the second was finalized, facility owners and comment period closed on October 11, operators could demonstrate their section discusses specific provisions of 4 2017, the Coast Guard reviewed and compliance with MTSA regulations by 33 CFR parts 105 and 106 that may analyzed the comments contained in 25 apply to a Facility Security Plan (FSP) including cyber security risks and a letters received. Below we summarize general description of cyber security if a Facility Security Assessment (FSA) and respond to the public comments. identifies any computer system and measures in their FSPs. network vulnerabilities. In addition, the Comments Received In response to that statement, many commenters expressed concerns revised Enclosure (1) clarifies that 1. Comments on NVIC’s Enclosure (2) MTSA regulations in 33 CFR parts 105 regarding potential delays in re- and 106 include a facility’s obligation to Many of the comments described inspections and re-approvals of new assess cyber security vulnerabilities concerns with Enclosure (2). Enclosure FSPs, and economic burdens for ports while retaining the discretion over the (2) described best practices and and facilities (including small ports and ways to address and mitigate them. We expectations for all MTSA regulated facilities with a limited number of note in the Enclosure that MTSA- entities, and cited to the National employees), that might have to perform regulated facilities must comply with Institute of Standards and Technology’s new FSAs and re-write existing FSPs MTSA regulations, but it is up to each Cyber Security Framework (NIST CSF) immediately after the NVIC’s issuance. facility to determine how to identify, to promote effective self-governance. Similarly, one other commenter assess, and address the vulnerabilities of Some commenters perceived Enclosure suggested that a separate cyber section their computer systems and networks. (2) as overly detailed and not suitable be added to FSAs and FSPs instead of We added a line about discussing for application by small owners and using all other sections for cyber backup means of communication, which operators. Other commenters suggested information. One of the commenters are required by 33 CFR 105.235(d) and that the Coast Guard simply direct all also suggested that smaller facilities 106.240(c) and are part of the owners and operators to use the NIST with a limited number of employees information considered when framework. Based on these comments, should have more general roles when it developing the FSA. We also corrected we have concluded that Enclosure (2) comes to cyber security. two typos on page 1–4. In the paragraph created more confusion than benefit for The Coast Guard emphasizes this titled Security measures for access the owners and operators of MTSA- NVIC applies to MTSA-regulated control, we corrected the citation from regulated facilities. For example, some facilities only and does not apply to ‘‘33 CFR 105.260’’ to ‘‘33 CFR 106.260’’ commenters mistook the described ports. However, those ports that manage and in the paragraph titled Security examples and the framework for MTSA-regulated facilities are required measures for restricted areas, we recommended parts of an FSA. Others to ensure that the facilities comply with corrected the citation from ‘‘33 CFR expressed an expectation for more MTSA requirements. 105.265’’ to ‘‘33 CFR 106.265’’. specific recommendations on various This NVIC does not impose any new The draft NVIC contained an technical specifications. Therefore, the burdens or requirements on MTSA- Enclosure (2) titled Cyber Governance Coast Guard has removed Enclosure (2) regulated facilities. As discussed above, and Cyber Risk Management Program from the NVIC. However, in response to current Coast Guard regulatory authority several comments supporting the NIST in 33 CFR parts 105 and 106 already 3 The existing regulatory requirement for CSF, which was discussed in Enclosure requires MTSA-regulated facilities to assessing and addressing vulnerabilities to evaluate their computer system and ‘‘computer systems and networks’’ is written (2), we added a sentence to paragraph broadly enough to encompass the more common (2) of the NVIC encouraging the use of network vulnerabilities in their FSAs term ‘‘cyber security’’ and to account for advances the NIST CSF as a means to improve a and address them in the FSPs. Thus, all in technology. Under current regulations, facility owners or operators of MTSA-regulated owners must regularly update their FSAs and FSPs facilities, regardless of size, have to (see, e.g., 33 CFR 105.310, 105.410, and 105.415) to 4 The Coast Guard extended the initial comment address new or previously unidentified security period end date from September 11, 2017, to comply with MTSA regulations. As the vulnerabilities. October 11, 2017 (82 FR 42560). draft NVIC indicated, the owners and
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16110 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
operators could comply with the MTSA requirements to assess, document, and or their personnel. However, in May regulations by either revising current address computer system and network 2018 the Coast Guard, in coordination FSPs or attaching a cyber-annex to the vulnerabilities. Therefore, facility with the American Bureau of Shipping FSP. If the owner or operator elects to owners and operators whose FSAs and (ABS) group, created a ‘‘Marine create a cyber-annex, it would be the FSPs do not currently address cyber Transportation System Cyber only part of the FSP subject to re- security vulnerabilities should revise Awareness’’ webinar. The webinar inspection and re-approval. Likewise, if them in compliance with MTSA provides basic cyber awareness with a the owner or operator chooses to regulations, which require the FSAs and focus on maritime facility and vessel incorporate cyber security FSPs to be re-evaluated and re- operations and provides personnel at all vulnerabilities into the FSP, then only approved. Facility owners and operators levels of an organization with an those new parts would be subject to re- are encouraged to work with the local understanding of cyber terms and issues inspection and re-approval. The MTSA Captain of the Port to determine a that may be encountered in the MTS. A regulations governing FSP amendments suitable timeframe for MTSA-regulated recording of the webinar is available can be found in 33 CFR 105.415 and facilities to update their FSAs with online.7 Maritime industry personnel 106.415. computer system and network security are encouraged to reach out to their As to the general roles of employees vulnerabilities. local Area Maritime Security Committee at small MTSA-regulated facilities, this Some comments suggested that the (AMSC) Executive Secretaries for NVIC does not prescribe individual Coast Guard personnel lacked cyber additional information on this webinar. roles within a facility’s organization. It security knowledge and training In response to the question regarding is the facility’s responsibility to necessary to assess cyber security a facility IT department’s inclusion into determine the individual roles of its vulnerabilities. The Coast Guard will facility personnel with cyber security employees and how they can address assess its needs and may address this duties, the Coast Guard notes this NVIC cyber security risks identified by the issue in the future through internal is not intended to dictate the structure FSA. policy or guidance to Coast Guard of a facility organization. Each Based on comments received, we have personnel. However, it remains the legal individual facility should determine its revised the final text of the NVIC and obligation of the facility owner or appropriate organizational structure and Enclosure (1) to clarify the NVIC’s operator to assess and address computer determine whether making a facility’s IT advisory nature and a facility’s system and network vulnerabilities in department a part of the security obligations under the MTSA the FSA and FSP. In our discussion of personnel would help the facility regulations. We also added a sentence to FSAs in the 2003 final rule, we address its cyber security risks. Enclosure (1) stating that the Coast explained that a facility’s security In response to the question about Guard would only review the newly depends in large part on how well the offsite storage of IT data, the Coast added cyber-annex or FSP parts related owner or operator assess vulnerabilities Guard agrees with the commenter that to cyber security. that only he or she would know about.5 the Coast Guard’s MTSA jurisdiction B. The draft NVIC recommended The rule requires that those involved in ends at the facility’s fence-line in the facility owners and operators describe a FSA be able to draw upon expert physical domain. The Coast Guard notes the roles and responsibilities of facility assistance in variety of areas including that the regulations found in 33 CFR cyber security personnel, and provide current security threats, techniques used part 105 or 106 are not drafted to exert facility cyber security information to to circumvent security measures, and regulatory control over computer Coast Guard personnel conducting FSP radio and telecommunications systems systems physically located outside the reviews or approvals. including computer systems and regulated facility’s footprint (for Based on those recommendations, 6 networks. The Coast Guard believes example, in a building outside the some commenters expressed concerns this includes the expertise needed to facility footprint where the critical cyber about the new methods of evaluation self-assess risk and establish security system is housed). However, if an FSA and approval of their FSAs and FSPs; measures to counter the risks involved identifies vulnerabilities to the facility, the role and level of cyber security with a MTSA-regulated facility’s including to the onsite computer knowledge and training of Coast Guard computer systems and networks. systems, originating from or via personnel in reviewing FSAs and FSPs; The level of cyber security knowledge computer systems and networks outside and the level of knowledge, required and training of facility personnel is the of the MTSA-regulated facility’s qualifications, and duties of a Facility responsibility of a facility’s owner or footprint, then the owner or operator Security Officer (FSO). Some of the operator, as performed through their needs to address how they will mitigate commenters also asked the Coast Guard FSO. The FSO’s responsibilities are those vulnerabilities. to provide training and conduct provided in MTSA regulations, 33 CFR Based on the comments received, the exercises for inspectors and port 105.205 and 106.210. They include the Coast Guard added text on pages 1–1 personnel. In addition, the commenters responsibility to ensure the completion and 1–2 of the NVIC’s Enclosure (1) to asked if a facility’s IT department of an FSA and completeness of an FSP, give the facility owners and operators an should become a part of the facility which should capture all items example of what they should consider personnel with security duties; if the IT identified by the FSA, including within their broad discretion in data stored offsite would be subject to existing computer system and network addressing their facility cyber security vulnerabilities. At this time, the Coast the MTSA requirements; and if an FSA vulnerabilities, including the facility’s Guard is not planning to provide would be expected to extend to the structure, and its personnel training, specific cyber training nor lead cyber building where critical cyber systems roles and responsibilities. are housed. exercises for MTSA-regulated facilities C. Several commenters stated that the This NVIC does not alter the process NVIC should be revised to use only 5 the Coast Guard uses to conduct FSA 68 FR 60533. In the same paragraph we added common cyber security language, and and FSP evaluations and approvals. that the facility owner or operator must assume that threats will increase against the vulnerable part of This NVIC provides guidance to facility the facility and develop progressively increasing 7 http://mariners.coastguard.dodlive.mil/2018/06/ owners and operators in complying with security measures, as appropriate. 08/6-8-2018-marine-transportation-system-cyber- current statutory and regulatory 6 33 CFR 105.300(d) and 106.300(d). awareness-webinar-recording-available-online/.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16111
reference specific standards (for regulations in 33 CFR parts 105 and 106 facility owner or operator must assume example, the International Association require MTSA-regulated facilities to that threats will increase, and must of Drilling Contactors (IADC) Guidelines analyze their ‘‘radio and develop progressively increasing for Assessing and Managing Cyber telecommunications equipment, security measures as appropriate.13 Security Risks at Drilling Assets, and including computer systems and While initial FSAs and FSPs did focus IADC Guidelines for Network networks.’’ 9 As such, the FSAs must primarily on physical security issues Segmentation) to assist owners and identify vulnerabilities to the facility because those were readily identifiable, operators in addressing computer computer systems and networks, and, if the Coast Guard has continually raised system and network vulnerabilities. any exist, the FSP must address cyber security as an emerging issue for The Coast Guard recognizes the draft mitigation for those identified over a decade 14 and the NVIC issued NVIC interchangeably used various vulnerabilities. Moreover, in the time today is another form of outreach to terms such as, ‘‘cyber systems,’’ ‘‘cyber since the Coast Guard solicited public industry about this threat to facilities. risks,’’ ‘‘cyber/computer system comment on the draft NVIC, Congress We think it is clear, therefore, that the security,’’ and ‘‘cyber security.’’ We has amended MTSA to explicitly state existing requirement to assess and agree that the NVIC should use common that FSAs and FSPs must cover cyber mitigate vulnerabilities to computer cyber security language. Based on these security risks.10 We disagree with systems and networks encompasses comments, the Coast Guard revised the assertions that the existing requirement cyber security. NVIC and its Enclosure (1) to clarify the to assess vulnerabilities to computer Moreover, to the extent facility meaning of provisions of 33 CFR parts systems and networks refers only to owners and operators have automated 105 and 106. These MTSA regulations physical security. In addition to the physical security measures—for require facilities to evaluate their radio plain language of ‘‘computer systems example by controlling access gates and telecommunication equipment, and networks’’ used in the 2003 rule, with card readers and cameras instead including computer systems and the preamble to the rule specifically of guards—MTSA’s physical security networks, for vulnerabilities. These discussed camera monitoring as an provisions encompass those electronic provisions require facility owners and alternative to human patrols, showing or virtual tools. The regulations operators of MTSA-regulated facilities that the Coast Guard had contemplated specifically enumerate requirements to to analyze cyber security vulnerabilities electronic systems as part of the facility consider vulnerabilities to access, within their facilities. security systems covered by the rule.11 identification systems, utilities, and In regard to the use of specific cyber The existing regulatory text similar functions that, if automated, security references and standards, the contemplates a regularly updated plan may be vulnerable to cyber security Coast Guard encourages facilities to use for responding to existing and threats. At some facilities, operations the NIST CSF, but does not prescribe developing threats the facility owner or and security are so reliant on networks any particular references or standards at operator identifies. When developing an to operate, that cyber security and this time. This is to avoid limiting FSA the facility security officer is physical security may be inextricably facility owners and operators in the expected to either be able to, or draw linked. We recognize that this is not true ways they may address computer upon third parties that have expertise of all facilities; some facilities may have system and network vulnerabilities at a to, identify security vulnerabilities, no computer systems or networks at all. specific facility. The Coast Guard did including vulnerabilities to computer The focus of this NVIC, therefore, is to not make any edits to the text of the systems and networks.12 This highlight each facility’s responsibility to final NVIC in regards to specific requirement has been in place since determine the existence of computer references or standards. However, in 2003. It is not limited to physical and network vulnerabilities and address response to several public comments threats, and the preamble said that the them in their FSAs and FSPs. supporting the NIST CSF, we added a In response to these and other similar sentence to paragraph (2) of the NVIC Trojan horses the year after passing MTSA. See, comments, the Coast Guard made encouraging the use of the NIST CSF as e.g., the Computer Fraud and Abuse Act of 1986, 18 U.S.C. 1030 (1986) (addressing malicious code clarifying changes to both the NVIC and a means to improve a facility’s cyber and hacking, and under which successful its Enclosure (1). We added a sentence posture. prosecution was brought in the early 1990s for linking computer systems and networks D. The draft NVIC’s Enclosure (1) damage caused by internet-based worms); and the to the term ‘‘cyber security.’’ We recommended facility owners and CAN–SPAM Act of 2003, 15 U.S.C. 7701, 7703(c)(1) (2003) (aiming to curb spam email containing indicated that vulnerabilities in operators establish security measures to viruses, spyware, and other malicious code). computer systems and networks, as control access to the facility. 9 See 33 CFR 105.305(c)(1)(v), 105.400(a)(3), and referenced in 33 CFR parts 105 and 106, Based on that recommendation, some 105.405(a)(17) for Facilities and 33 CFR mean cyber security vulnerabilities. We industry commenters expressed 106.305(c)(1)(v), 106.400(a)(3), and 106.405(a)(16) also noted that it was up to each facility for Outer Continental Shelf Facilities. concerns about the NVIC’s focus on to identify, assess, and address the physical security rather than cyber 10 Maritime Security Improvement Act of 2018, sec. 1801 et seq., Public Law 115–254, 132 Stat. vulnerabilities of their computer security. At the same time, other 3186 (2018) (the Act is Division J of the FAA systems and networks. commenters indicated that MTSA was Reauthorization Act of 2018). The Coast Guard E. Three commenters asked the Coast meant to address only physical security views this as a reaffirmation and an indication of Guard to recommend specific cyber of computer systems and networks and congressional emphasis, rather than a new authority—a view supported by the House Report security technology (including state-of- did not apply to cyber security. accompanying an earlier version of the Act, which MTSA requires that security plans said the language is clarifying and ‘‘removes 13 68 FR 60533. address both physical security and ambiguity’’ as to the Coast Guard’s authority under 14 See, e.g., Maritime Transportation System communications systems, to deter to the MTSA (H. Rep. No. 115–356 (2018)). Security Recommendations (October 2005) 11 maximum extent practicable a 68 FR 60531. available at https://www.dhs.gov/sites/default/files/ 12 _ _ 8 33 CFR 105.305(c) and (d). In the preamble to publications/HSPD MTSSPlan 0.pdf (‘‘Use transportation security incident. MTSA the 2003 rule, while discussing current security industry outreach to help commercial operators threats and patterns the Coast Guard stated that understand what private information could be 8 46 U.S.C. 70103(c)(3). We note that Congress ‘‘Expertise in assessing risk is crucial for exploited by terrorists and what cybersecurity was aware of cyber security issues as early as the establishing security measures to accurately counter controls are appropriate for protecting the 1980s, and specifically addressed viruses and the risk’’ (68 FR 60515). information.’’).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16112 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
the art market cyber security solutions) threats but others may not, and a change software updates and patch installations that a facility would need to have, and in cyber security posture may not should be described in the FSP. steps it would need to take, to always be appropriate. In response to I. One commenter asked about implement the guidance described in public comments, the Coast Guard reporting a cyber security incident to a the NVIC. At the same time, some revised the NVIC’s Enclosure (1) to police department as an alternative to commenters noted that mandating remove the language related to changes the established reporting requirements. specific cyber risk management tools in MARSEC levels and references to 33 Contacting a local police department would not benefit MTSA-regulated CFR 105.230 and 106.235. Under does not meet the reporting facilities as those tools would not be existing regulations including those at requirements described in the MTSA tailored to each individual site. 33 CFR 105.405 and 106.405, however, regulations at 33 CFR 101.305 This NVIC is not intended to inform the FSP must indicate how the facility (‘‘Reporting’’). As noted above, the facilities which cyber security will respond to a changing MARSEC requirements for reporting suspicious technology they need to use. Rather, it level. cyber related activity or breaches of is intended to offer awareness of MTSA G. The draft NVIC’s Enclosure (1) security for MTSA-regulated entities are regulatory requirements while allowing indicated that if any cyber security outlined in CG–5P Policy Letter 08–16 each facility the discretion to determine vulnerabilities were identified in an titled ‘‘Reporting Suspicious Activity the best way to assess and address any FSA, owners and operators could and Breaches of Security,’’ available at computer system and network choose to provide that information in a https://homeport.uscg.mil. vulnerabilities. The NVIC does not variety of formats, such as a stand-alone J. Because the draft NVIC referred to various responsibilities of facility mandate that facilities use specific cyber cyber annex to an FSP, or by employees, two commenters expressed security technology or take specific incorporating the vulnerabilities into concerns about access facility actions to mitigate a computer system or the existing FSP. In response to this employees may have to sensitive network vulnerabilities. It simply statement, some commenters expressed information and requested more clarity reminds facility owners and operators of confusion regarding multiple formats in on the access process for such existing MTSA regulations that require which the Coast Guard will require an employees. One of the commenters also the assessment of computer system and incident report. The Coast Guard notes expressed concerns over making a network vulnerabilities in their FSAs that an FSA, a stand-alone cyber annex, company’s cyber security program more and incorporation, where applicable, in or an amendment to an approved FSP their FSPs. Therefore, for an owner and vulnerable to attack by including it into addressing computer system or network an FSP. Two other commenters operator of an MTSA-regulated facility vulnerabilities, are documents to comply with the MTSA regulations specifically asked about the interplay completely separate from a cyber- between this NVIC and the Coast referenced in the NVIC, they would incident report. This NVIC addresses need to ensure the FSA assesses and Guard’s TWIC regulations. Another MTSA cyber security requirements commenter was concerned about the FSP addresses computer system and related to FSAs and FSPs. For more network vulnerabilities of their facility. Coast Guard interfering with facility information on reporting a cyber Based on these comments, the Coast business models, which reflect facility security incident, please consult the Guard added clarifying language in the operations. CG–5P Policy Letter 08–16 titled final NVIC and its Enclosure (1). We MTSA regulations require the ‘‘Reporting Suspicious Activity and stated that it is up to each facility to inclusion of computer system and Breaches of Security,’’ available at identify, assess, and address the network vulnerabilities into an FSA and https://homeport.uscg.mil. The Coast vulnerabilities of their computer an FSP (See 33 CFR 105.305(c)(1)(v) and Guard did not revise the NVIC in systems and networks. 105.405(a)(17) for Facilities and 33 CFR F. The draft NVIC’s Enclosure (1) response to these comments because 106.305(c)(1)(v) and 33 CFR recommended that facility owners and this NVIC does not impose any new 106.405(a)(16) for OCS Facilities). This operators describe additional cyber- reporting requirements on owners and NVIC simply reminds owners and related measures to be taken during operators of MTSA-regulated facilities. operators of the existence of MTSA changes in MARSEC levels. H. The draft NVIC’s Enclosure (1) regulations related to computer system In response to that recommendation, stated that security patches should be and network vulnerabilities. These several commenters stated that requiring installed as they become available. requirements are intended to reduce enhanced cyber security measures as a One commenter had a question as to security risks, not create them. Although result of a MARSEC level increase the intervals with which security the process of granting access to facility would be impractical, and asked the patches should be installed at their employees was not meant to be Coast Guard to eliminate this facility. addressed in this NVIC or prescribed by expectation of the facilities. One of the The draft NVIC’s Enclosure (1) the Coast Guard, we note that it should commenters also asked the Coast Guard indicated that it was best to install be determined by each facility to inform the industry on the level of security patches as they became depending on its specific cyber security cyber security and any necessary available. The Coast Guard notes that risks. This NVIC does not change any response, as it does for physical facilities can choose the intervals with legal requirements including the security, including changes in MARSEC which to install security patches. existing requirements to operate in levels. However, waiting for scheduled accordance with TWIC requirements Although both 33 CFR 105.230 and 33 intervals to install security patches and (see, e.g., 33 CFR 105.115(c)). CFR 106.235 require facility owners and other updates instead of performing As to the comment regarding the operators to implement additional such actions immediately provides inclusion of a facility’s cyber security security measures in the event of a opportunities for system exploitation. risks into an FSP, the Coast Guard notes MARSEC level change, the Coast Guard However, we have modified the that FSPs are considered Sensitive agrees that it may not always be paragraph titled Security systems and Security Information under 49 CFR practical to do the same with cyber equipment maintenance in the NVIC’s 1520.5(b), which can only be accessed security. Some changes in MARSEC Enclosure (1) to clarify that cyber- by a covered person with a need to level could involve cyber security related procedures for managing know. The risk of adding cyber
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16113
mitigation measures to an FSP is not how the Coast Guard intended to any new or different requirements. The higher than the risk currently posed for enforce the NVIC and allocate its ASP is an option that owners and FSPs that address physical security resources for this purpose. operators may use to comply with the mitigation measures. FSPs are not The Coast Guard clarifies that the MTSA regulations. In response to the released to the public by the Coast NVIC itself is an advisory document and comment about referencing an existing Guard,15 nor should they be released by is not subject to enforcement as a cyber security plan, we note that a the facilities. regulation. MTSA regulations, however, facility owner or operator may reference In regard to the comment about the are enforceable. Although the Coast other documents in the ASP, but they interplay between TWIC regulations and Guard will not change the enforcement would need to be reviewed and this NVIC, the Coast Guard notes that process as a result of the NVIC, we will considered in the Coast Guard’s this NVIC has no direct impact on the verify that facility FSAs and FSPs approval of the ASP. TWIC regulations. MTSA-regulated address cyber security vulnerabilities as We revised the NVIC’s Enclosure (1) facilities should continue to follow required by 33 CFR 105.305(c)(1)(v), 33 to clarify that the information contained current TWIC regulations as written. CFR 105.400(a)(3), 33 CFR in the NVIC also applies to the ASP, per We also note that this NVIC is not 105.405(a)(17), 33 CFR 106.305(c)(1)(v), 33 CFR 101.120(b), which means that intended to interfere with facility 33 CFR 105.40(a)(3), and 33 CFR the Coast Guard will accept business models, but reminds facility 106.405(a)(16). documentation showing equivalent owners and operators of their The purpose of the bold text in levels of security required by MTSA responsibilities under the MTSA Enclosure (1) is to provide the industry regulations. regulations, which are meant to help with a list of regulatory citations that C. Some commenters asked us to use keep their facilities safe from may apply to a facility’s FSP. The Coast different wording in various parts of the transportation security incidents, Guard’s recommendation on each NVIC and its Enclosure (1), and we including Transportation Security regulatory citation, for both FSA and discuss those changes here. Incidents (TSI) caused by cyber security FSP, is contained in italics under each 1. ‘‘[P]revent unauthorized loading/ vulnerabilities. citation. unloading cargo’’ instead of ‘‘prevent We made no changes to the final Based on these comments, the Coast cargo that is not meant for carriage from NVIC in response to these comments. Guard has revised the NVIC and its being accepted’’; we made that change. K. Two commenters asked to see a Enclosure (1) to clarify that although the 2. ‘‘FSPs are in place and are national and port vulnerability MTSA regulations in 33 CFR parts 105 considered to be appropriate and assessment for better understanding of and 106 are mandatory, it is up to each effective’’ instead of ‘‘FSPs are in place the Coast Guard’s expectations for facility to identify, assess, and address and are believed to be appropriate and individual operators. the vulnerabilities of their computer effective’’; we made that change. The Coast Guard does not believe that systems and networks. We also added a 3. ‘‘Describe how those systems are a national or port vulnerability sentence to the introduction of protected and an alternative means of assessment is necessary for an Enclosure (1) to explain the purpose of communication as well as the individual facility to assess its own the italicized text. communication responsibility should cyber security vulnerabilities to comply the system be compromised or 5. Comments Suggesting New Provisions degraded’’ instead of ‘‘describe how with MTSA regulations. However, local or Clarifying Language AMSCs led by Coast Guard Captains of those systems are protected and an the Port, acting in their capacity as A. Several commenters asked the alternative means of communication Federal Maritime Security Coordinators, Coast Guard to add cyber security should the system be compromised or address, discuss, and share maritime recommendations on monitoring degraded.’’ We made this change with security information with the industry. activity. In response to these comments, some modifications. The Coast Guard highly encourages the Coast Guard added the paragraph 4. ‘‘Describe cyber-related procedures personnel with security duties at titled Security measures for monitoring for interfacing with vessels to include MTSA-regulated facilities to participate to Enclosure (1) of the NVIC. any network interaction, portable media and collaborate with local AMSCs to B. The draft NVIC’s Enclosure (1) exchange, or wireless access sharing or gain more insight into port level stated that facility owners and operators remote vendor servicing’’ instead of security issues. may utilize a security plan under the ‘‘Describe cyber-related procedures for The Coast Guard made no changes to Alternative Security Program (ASP). interfacing with vessels to include any the final NVIC in response to these In response to that statement, one network interaction, portable media comments. commenter stated that requiring a exchange, or wireless access sharing.’’ focused cyber security plan to go Similarly, another commenter suggested 4. Comments on the Enforcement of the through the ASP program would require that we add the term ‘‘remote access’’ NVIC facilities to design their own access before the words ‘‘portable media The draft NVIC’s Enclosure (1) noted control, restricted area, cargo handling, exchange’’ in the original sentence. We that the italicized text of the enclosure and other measures that are not directly added the term ‘‘remote access’’ and provided general guidance on MTSA related to cyber security. One other believe it captures the intent of both regulations that may apply to an FSP, if commenter suggested that the Coast commenters. an FSA identifies any computer system Guard should allow amendments to the 5. ‘‘Describe cyber-related procedures and network vulnerabilities FSP to be submitted under an ASP at for managing software updates and Based on that statement, many the time of the next scheduled revision patch installations of systems used to commenters believed the NVIC of the ASP. One of the commenters also perform or support functions identified contained mandatory language. Some of asked to clarify if a facility could in the FSP (e.g., identification of needed those commenters also asked to clarify reference their existing cyber security security updates, planning and testing the purpose of the italicized text, and plan documents as an alternative to the of patch installations)’’ instead of Coast Guard’s review. ‘‘Cyber systems used to perform or 15 See 33 CFR 105.400(c) and (d) and 33 CFR The ASP does not require a detailed support functions identified in the FSP 106.400(c) and (d). cyber security plan. Nor does it impose should be maintained, tested, calibrated,
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16114 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
and in good working order (e.g., conduct paragraph titled MTSA regulations in 33 If GPS systems or IoT devices present regular software updates and install CFR parts 105 and 106 in the NVIC’s a vulnerability to a MTSA-regulated security patches as they become Enclosure (1). facility’s computer or network system, available).’’ We made this change. The Coast Guard used the term they fall within the existing regulations 6. ‘‘Describe how cyber security is ‘‘general documentation’’ to indicate at 33 CFR parts 105 and 106, and should included as part of personnel training, that owners and operators would not be addressed in the FSP. However, these policies and procedures and how the have to use any specific forms or concerns are broad and, in the case of cyber security training material will be indicate the use of any specific IoT, still developing, and so we don’t kept current and monitored for technology when demonstrating think it is appropriate to devote a effectiveness’’ instead of ‘‘Describe how compliance with the MTSA regulations. section of the NVIC to them at this time. cyber security is included as part of In addition, the Coast Guard’s intent Therefore, the Coast Guard did not personnel training, policies and was to highlight that facility owners and make edits to the text of the final NVIC procedures.’’ We added language about operators could use an ASP to submit based on these two comments keeping training material current. documentation showing equivalent J. One other industry commenter 7. Another commenter asked the levels of security required by MTSA. asked for the NVIC to address the risks Coast Guard to add the following Based on these comments, we deleted of third party contractor access to sentence to the paragraph titled the word ‘‘general’’ from Enclosure (1) critical cyber systems and networks. ‘‘Communications’’ in Enclosure (1): and added a footnote stating ‘‘[i]n These concerns are valid. However, it ‘‘During crew or shift changes, handover addition, facility owners and operators is up to the owner or operator of a notes should include cyber security may rely on the Coast Guard Alternative particular facility to determine if a third related information and updates.’’ The Security Program to submit party having access to the facility’s Coast Guard agrees that this documentation showing equivalent computer systems and networks recommendation may be useful to other levels of security required by MTSA.’’ presents a risk that should be mentioned facilities. We have added this H. Three other commenters requested in the facility’s FSA and FSP. recommendation as an example under a clarification of security requirements We made no changes to the final the paragraph titled ‘‘Communications’’ for ports, transportation sector facilities, NVIC in response to this comment. K. Three commenters suggested that in Enclosure (1). seaport systems, offshore facilities, and we classify MTSA facilities as ‘‘critical 8. One of these commenters also individual operators, based on their control systems/controls’’ and require asked us to add the following sentence operating environment. them to be air-gapped from business ‘‘In case gaps are identified, corrective We note that this NVIC was not network systems. Two other actions should be taken in order for the intended to address security commenters requested more clarity on provisions in the FSP to be satisfied.’’ to requirements for ports, transportation mitigation of cyber security risks. the end of ‘‘The audit should include sector facilities, or seaport systems. This the name, position, and qualification of This NVIC is not meant to impose NVIC applies to MTSA-regulated requirements on the owners and the person conducting the audit.’’ We facilities, including offshore facilities, did not incorporate the new audit operators of MTSA-regulated facilities and individual operators subject to or suggest specific ways cyber risks sentence into the NVIC because it is MTSA. The NVIC’s Enclosure (1) expected that the FSPs should account should be mitigated. This NVIC is meant references MTSA regulations that may to make facility owners and operators for gaps in security. apply to MTSA-regulated facilities, D. One commenter requested that we aware of the existence of the MTSA depending on a facility’s operating add guidelines applicable to MTSA- regulations, which are meant to assist environment and structure. It is each regulated vessels. them in protecting their facilities. It is facility’s responsibility to determine The Coast Guard notes this NVIC was up to each facility to determine if what computer system and network not meant to address vessels. It computer system and network vulnerabilities may be created by their addresses MTSA-regulated facilities vulnerabilities existing at the facility operating environment and address only. We will consider addressing cyber require air-gapping to mitigate those vulnerabilities in their FSAs and security vulnerabilities for vessels in the vulnerabilities. FSPs. future. We made no changes to the final Based on this comment, we have Based on these comments, we have NVIC in response to this comment. revised the final text of the NVIC and its revised the text of the final NVIC to 6. Other Comments About the NVIC clarify its applicability to MTSA- Enclosure (1) to clarify the NVIC’s regulated facilities only. applicability. A. The draft NVIC stated: ‘‘[u]ntil E. Another commenter asked us to I. Two industry commenters asked the specific cyber risk management clarify where the abbreviation ‘‘N/A’’ Coast Guard to provide additional regulations are promulgated, facility was supposed to be placed as asked in language on Global Positioning Systems operators may use this document as the following sentence of Enclosure (1): (GPS) and Internet of Things (IoT) guidance to develop and implement ‘‘If the area or function has no cyber devices. Specifically, one of the measures and activities for effective self- nexus, indicate ‘‘N/A.’’ commenters asked the Coast Guard to governance of cyber vulnerabilities.’’ We have added the clarification as include into the NVIC the following Based on these statements, two requested and added the following to language: ‘‘A powerful but little commenters expressed concerns as to the end of the sentence: ‘‘‘N/A’’ in the recognized method of cyberattack, GPS the Coast Guard’s regulatory authority to FSA and FSP.’’ disruption can disable end-use devices, control how companies execute their F. The Coast Guard was also asked to interfere with communications links, cyber risk management and its authority re-number the draft NVIC’s Enclosure and provide hazardously misleading to issue this NVIC without a notice of (1) to preserve traditional NVIC information to users and databases. proposed rulemaking (NPRM). Another formatting, which we have done. Because GPS signals undergird nearly commenter asked the Coast Guard to G. Five commenters asked us to every technology, DHS officials have perform a risk assessment and cost clarify the definition of the term called GPS a single point of failure for benefit analysis as a next step in the ‘‘general documentation’’ in the critical infrastructure.’’ NVIC’s development.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16115
The Coast Guard acknowledges the TSIs and connections to MTSA DEPARTMENT OF HOMELAND comments and notes that this NVIC is facilities. SECURITY not a rule. As explained in detail earlier The Coast Guard is vested with in this notice, the Coast Guard is also authority to verify that MTSA-regulated Federal Emergency Management not using its regulatory authority to facilities comply with MTSA Agency issue this NVIC or control how regulations, including the ones relating [Docket ID: FEMA–2019–0028; OMB No. companies execute their cyber risk to computer systems and networks 1660–0080] management decisions. To the contrary, regardless of whether that system or this NVIC constitutes advisory guidance network has a direct maritime nexus. In Agency Information Collection meant to assist facility owners and regards to a TSI and connections to Activities: Submission for OMB operators in complying with existing MTSA facilities, the Coast Guard notes Review; Comment Request; MTSA regulations. The NVIC that this NVIC was not intended to Application for Surplus Federal Real emphasizes that a facility is already discuss TSIs. However, we note that a Property Public Benefit Conveyance obligated by existing MTSA regulations TSI, as defined in 33 CFR 101.105, is and BRAC Program for Emergency to assess and address vulnerabilities in not limited to incidents with a specific Management Use computer systems and networks, but it maritime cause. A TSI may result from has discretion to determine how it will AGENCY: Federal Emergency a physical or cyber security incident Management Agency, DHS. comply with the regulations and which originates from outside of the ACTION: Notice and request for address its own cyber security risks. maritime environment. For example, Based on these comments, we have comments. plausible TSIs caused by cyber threats revised the text of the NVIC and its could include: Deliberate disabling of a Enclosure (1) to clarify the advisory SUMMARY: The Federal Emergency facility’s fire detection equipment, nature of the NVIC. Management Agency (FEMA) will B. The U.S. Chamber of Commerce security cameras, or security locks; a submit the information collection asked us to keep the NVIC in the draft hack or ransomware that leaves such abstracted below to the Office of form and to have an ongoing dialog systems inaccessible; damage to Management and Budget for review and facilitating input from industry computer-controlled ventilation or clearance in accordance with the stakeholders. The Chamber suggested temperature control features at chemical requirements of the Paperwork that the Coast Guard present the NVIC facilities; or tampering with or disabling Reduction Act of 1995. The submission as a voluntary risk management tool, the automated supply chain in a way will describe the nature of the which might become a beacon around that causes significant economic information collection, the categories of which cyber security efforts could disruption. respondents, the estimated burden (i.e., orient. For the reasons stated, we did not the time, effort and resources used by The Coast Guard acknowledges this make any changes to the text of the final respondents to respond) and cost, and comment and agrees that the NVIC is a NVIC. the actual data collection instruments voluntary risk management tool, in that D. The draft NVIC’s Enclosure (1) FEMA will use. it informs owners and operators about recommended that owners and DATES: Comments must be submitted on their existing regulatory obligations, and operators address cyber security or before April 20, 2020. provides suggestions for fulfilling those vulnerabilities in their FSPs. ADDRESSES: Submit written comments obligations. However, the Coast Guard In response to that recommendation, on the proposed information collection believes that finalizing the NVIC will to the Office of Information and provide owners and operators with some commenters expressed general concerns about regulating fast-paced Regulatory Affairs, Office of needed guidance on how to comply Management and Budget. Comments with the MTSA regulations relating to cyber security demands of the commercial industry, the NVIC’s focus should be addressed to the Desk Officer computer and network security. for the Department of Homeland Dialogue about cyber risk management on cyber vulnerabilities rather than cyber risk management, and provided a Security, Federal Emergency will continue to occur in a variety of Management Agency, and sent via forms, and the NVIC provides contact suggestion for the government to protect private companies from cyber-attacks. electronic mail to dhsdeskofficer@ information should the regulated public omb.eop.gov. wish to contact the Coast Guard with These comments are general in nature questions or concerns. and do not raise any specific issues FOR FURTHER INFORMATION CONTACT: Based on this comment, we did not within the NVIC. The Coast Guard Requests for additional information or make any revisions to the final NVIC. acknowledges these comments and will copies of the information collection C. The draft NVIC stated the Coast consider them as part of the general on- should be made to Director, Information Guard had the regulatory authority to going dialog on how to improve cyber Management Division, 500 C Street SW, instruct MTSA-regulated facilities to security at maritime facilities. We did Washington, DC 20472, email address analyze computer systems and networks not make any changes to the final NVIC FEMA-Information-Collections- for potential vulnerabilities within their based on these comments. [email protected] or Anna required FSA and, if necessary, address The Coast Guard appreciates all the Page Campbell, Realty Specialist, those vulnerabilities in their FSP. comments received. We will continue to FEMA, Installations & Infrastructure In response to that statement, three study this issue in light of the comments Division, (202) 212–3631, commenters suggested the Coast Guard received before issuing other notices or [email protected]. state that the facilities, to comply with policy letters on this matter. SUPPLEMENTARY INFORMATION: This MTSA, could limit their cyber security proposed information collection measures to those information Dated: February 26, 2020. previously published in the Federal technology systems and networks that Karl L. Schultz, Register on December 19, 2019, at 84 FR have a direct maritime nexus. One of the Admiral, U.S. Coast Guard, Commandant. 69758 with a 60 day public comment commenters also asked the Coast Guard [FR Doc. 2020–05823 Filed 3–19–20; 8:45 am] period. No comments were received. to develop clear guidelines on cyber BILLING CODE 9110–04–P The purpose of this notice is to notify
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16116 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
the public that FEMA will submit the (c) enhance the quality, utility, and dates listed in the table below and information collection abstracted below clarity of the information to be revise the FIRM panels and FIS report to the Office of Management and Budget collected; and (d) minimize the burden in effect prior to this determination for for review and clearance. of the collection of information on those the listed communities. who are to respond, including through From the date of the second Collection of Information the use of appropriate automated, publication of notification of these Title: Application for Surplus Federal electronic, mechanical, or other changes in a newspaper of local Real Property Public Benefit technological collection techniques or circulation, any person has 90 days in Conveyance and BRAC Program for other forms of information technology, which to request through the Emergency Management Use. e.g., permitting electronic submission of community that the Deputy Associate Type of Information Collection: responses. Administrator for Insurance and Extension, with changes, of a currently Mitigation reconsider the changes. The approved information collection. Maile Arthur, flood hazard determination information OMB Number: 1660–0080. Acting Records Management Branch Chief, may be changed during the 90-day FEMA Forms: FEMA Form 119–0–1, Office of the Chief Administrative Officer, period. Surplus Federal Real Property Mission Support, Federal Emergency ADDRESSES: The affected communities Application for Public Benefit Management Agency, Department of Homeland Security. are listed in the table below. Revised Conveyance. flood hazard information for each Abstract: Use of the Application for [FR Doc. 2020–05940 Filed 3–19–20; 8:45 am] BILLING CODE 9111–19–P community is available for inspection at Surplus Federal Real Property Public both the online location and the Benefit Conveyance and Base respective community map repository Realignment and Closure (BRAC) DEPARTMENT OF HOMELAND address listed in the table below. Program for Emergency Management SECURITY Additionally, the current effective FIRM Use is necessary to implement the and FIS report for each community are processes and procedures for the Federal Emergency Management accessible online through the FEMA successful, lawful, and expeditious Agency Map Service Center at https:// conveyance of real property from the msc.fema.gov for comparison. Federal Government to public entities [Docket ID FEMA–2020–0002; Internal Submit comments and/or appeals to Agency Docket No. FEMA–B–2021] such as State, local, county, city, town, the Chief Executive Officer of the or other like government bodies, as it community as listed in the table below. relates to emergency management Changes in Flood Hazard FOR FURTHER INFORMATION CONTACT: Rick response purposes, including fire and Determinations Sacbibit, Chief, Engineering Services rescue services. Utilization of this AGENCY: Federal Emergency Branch, Federal Insurance and application will ensure that properties Management Agency, DHS. Mitigation Administration, FEMA, 400 will be fully positioned for use at their ACTION: Notice. C Street SW, Washington, DC 20472, highest and best potentials as required (202) 646–7659, or (email) by GSA and Department of Defense SUMMARY: This notice lists communities [email protected]; or visit regulations, public law, Executive where the addition or modification of the FEMA Mapping and Insurance Orders, and the Code of Federal Base Flood Elevations (BFEs), base flood eXchange (FMIX) online at https:// Regulations. depths, Special Flood Hazard Area www.floodmaps.fema.gov/fhm/fmx_ Affected Public: State, local, or Tribal (SFHA) boundaries or zone main.html. Government. designations, or the regulatory floodway Estimated Number of Respondents: (hereinafter referred to as flood hazard SUPPLEMENTARY INFORMATION: The 15. determinations), as shown on the Flood specific flood hazard determinations are Estimated Number of Responses: 15. Insurance Rate Maps (FIRMs), and not described for each community in Estimated Total Annual Burden where applicable, in the supporting this notice. However, the online Hours: 75. Flood Insurance Study (FIS) reports, location and local community map Estimated Total Annual Respondent prepared by the Federal Emergency repository address where the flood Cost: $4,868. Management Agency (FEMA) for each hazard determination information is Estimated Respondents’ Operation community, is appropriate because of available for inspection is provided. and Maintenance Costs: $0. new scientific or technical data. The Any request for reconsideration of Estimated Respondents’ Capital and FIRM, and where applicable, portions of flood hazard determinations must be Start-Up Costs: $0. the FIS report, have been revised to submitted to the Chief Executive Officer Estimated Total Annual Cost to the reflect these flood hazard of the community as listed in the table Federal Government: $2,979. determinations through issuance of a below. The modifications are made pursuant Letter of Map Revision (LOMR), in Comments to section 201 of the Flood Disaster accordance with Federal Regulations. Comments may be submitted as Protection Act of 1973, 42 U.S.C. 4105, The LOMR will be used by insurance indicated in the ADDRESSES caption and are in accordance with the National agents and others to calculate above. Comments are solicited to (a) Flood Insurance Act of 1968, 42 U.S.C. appropriate flood insurance premium evaluate whether the proposed data 4001 et seq., and with 44 CFR part 65. collection is necessary for the proper rates for new buildings and the contents The FIRM and FIS report are the basis performance of the agency, including of those buildings. For rating purposes, of the floodplain management measures whether the information shall have the currently effective community that the community is required either to practical utility; (b) evaluate the number is shown in the table below and adopt or to show evidence of having in accuracy of the agency’s estimate of the must be used for all new policies and effect in order to qualify or remain burden of the proposed collection of renewals. qualified for participation in the information, including the validity of DATES: These flood hazard National Flood Insurance Program the methodology and assumptions used; determinations will be finalized on the (NFIP).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16117
These flood hazard determinations, pursuant to policies established by other and FIS report for each community are together with the floodplain Federal, State, or regional entities. The accessible online through the FEMA management criteria required by 44 CFR flood hazard determinations are in Map Service Center at https:// 60.3, are the minimum that are required. accordance with 44 CFR 65.4. msc.fema.gov for comparison. They should not be construed to mean The affected communities are listed in the following table. Flood hazard (Catalog of Federal Domestic Assistance No. that the community must change any 97.022, ‘‘Flood Insurance.’’) existing ordinances that are more determination information for each stringent in their floodplain community is available for inspection at Michael M. Grimm, both the online location and the management requirements. The Assistant Administrator for Risk respective community map repository community may at any time enact Management, Department of Homeland address listed in the table below. stricter requirements of its own or Security, Federal Emergency Management Additionally, the current effective FIRM Agency.
Location and Chief executive officer of Community map Online location of letter of map Date of Community State and county case No. community repository revision modification No.
Alaska: Juneau ..... City and Borough The Honorable Beth Community Development https://msc.fema.gov/portal/ May 26, 2020 .. 020009 of Juneau (19– Weldon, Mayor, City Department, 155 South advanceSearch. 10–1198P). and Borough of Juneau, Seward Street, Juneau, 155 South Seward AK 99801. Street, Juneau, AK 99801. Colorado: Larimer ...... City of Fort Col- The Honorable Wade Utilities Department, 700 https://msc.fema.gov/portal/ Jun. 15, 2020 .. 080102 lins (19–08– Troxell, Mayor, City of Wood Street, Fort Col- advanceSearch. 0751P). Fort Collins, P.O. Box lins, CO 80522. 580, Fort Collins, CO 80522. Larimer ...... Unincorporated The Honorable Steve Larimer County Engineer- https://msc.fema.gov/portal/ Jun. 15, 2020 .. 080101 areas of Johnson, Chairman, ing Department, 200 advanceSearch. Larimer County Larimer County Board of West Oak Street, 3rd (19–08– Commissioners, 200 Floor, Fort Collins, CO 0751P). West Oak Street, Fort 80521. Collins, CO 80521. Connecticut: Fair- Town of Green- The Honorable Peter J. Planning and Zoning De- https://msc.fema.gov/portal/ May 26, 2020 .. 090008 field. wich (19–01– Tesei, First Selectman, partment, 101 Field advanceSearch. 1421P). Town of Greenwich Point Road, Greenwich, Board of Selectmen, CT 06830. 101 Field Point Road, Greenwich, CT 06830. Florida: Collier ...... City of Marco Is- Mr. Michael T. McNees, Building Services Depart- https://msc.fema.gov/portal/ May 29, 2020 .. 120426 land, (20–04– City of Marco Island ment, 50 Bald Eagle advanceSearch. 0464P). Manager, 50 Bald Eagle Drive, Marco Island, FL Drive, Marco Island, FL 34145. 34145. Monroe ...... Village of The Honorable Mike Building Department, https://msc.fema.gov/portal/ May 28, 2020 .. 120424 Islamorada, Forster, Mayor, Village 86800 Overseas High- advanceSearch. (20–04– of Islamorada, 86800 way, Islamorada, FL 0305P). Overseas Highway, 33036. Islamorada, FL 33036. Monroe ...... Village of The Honorable Mike Building Department, https://msc.fema.gov/portal/ Jun. 18, 2020 .. 120424 Islamorada, Forster, Mayor, Village 86800 Overseas High- advanceSearch. (20–04– of Islamorada, 86800 way, Islamorada, FL 0572P). Overseas Highway, 33036. Islamorada, FL 33036. Orange ...... City of Orlando The Honorable Buddy City Hall, 400 South Or- https://msc.fema.gov/portal/ Jun. 17, 2020 .. 120186 (19–04– Dyer, Mayor, City of Or- ange Avenue, Orlando, advanceSearch. 3438P). lando, 400 South Or- FL 32801. ange Avenue, Orlando, FL 32801. Volusia ...... City of New The Honorable Russ Engineering Department, https://msc.fema.gov/portal/ Jun. 26, 2020 .. 125132 Smyrna Beach Owen, Mayor, City of 2650 North Dixie Free- advanceSearch. (19–04– New Smyrna Beach, way, New Smyrna 6280P). 210 Sams Avenue, New Beach, FL 32168. Smyrna Beach, FL 32168. Georgia: Bryan ..... Unincorporated Mr. Carter Infinger, Chair- Bryan County Department https://msc.fema.gov/portal/ Jun. 19, 2020 .. 130016 areas of Bryan man, Bryan County of Community Develop- advanceSearch. County (19– Board of Commis- ment, 66 Captain Mat- 04–3361P). sioners, P.O. Box 430, thew Freeman Drive, Pembroke, GA 31321. Suite 201, Richmond Hill, GA 31324. Montana: Butte-Silver Unincorporated The Honorable Dave Butte-Silver Bow County https://msc.fema.gov/portal/ Jun. 25, 2020 .. 300077 Bow. areas of Butte- Palmer, Chief Executive, Planning Department, advanceSearch. Silver Bow Butte-Silver Bow Coun- 155 West Granite County (19– ty, 155 West Granite Street, Room 108, 08–0805P). Street, Room 106, Butte, MT 59701. Butte, MT 59701.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16118 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Location and Chief executive officer of Community map Online location of letter of map Date of Community State and county case No. community repository revision modification No.
Gallatin ...... City of Bozeman Mr. Dennis M. Taylor, City City Hall, 20 East Olive https://msc.fema.gov/portal/ Jun. 22, 2020 .. 300028 (19–08– of Bozeman Manager, Street, Bozeman, MT advanceSearch. 0850P). P.O. Box 1230, Boze- 59715. man, MT 59771. Gallatin ...... Unincorporated The Honorable Joe P. Gallatin County Depart- https://msc.fema.gov/portal/ Jun. 22, 2020 .. 300027 areas of Gal- Skinner, Chairman, Gal- ment of Planning and advanceSearch. latin County latin County Commis- Community Develop- (19–08– sion, 311 West Main ment, 311 West Main 0850P). Street, Room 306, Street, Room 108, Bozeman, MT 59715. Bozeman, MT 59715. North Dakota: City of Fargo The Honorable Tim City Hall, 225 4th Street https://msc.fema.gov/portal/ Jun. 9, 2020 .... 385364 Cass. (19–08– Mahoney, Mayor, City of North, Fargo, ND advanceSearch. 0515P). Fargo, 225 4th Street 58102. North, Fargo, ND 58102. Pennsylvania: Lancaster ...... Township of East The Honorable H. Scott Township Hall, 1700 https://msc.fema.gov/portal/ Jun. 23, 2020 .. 420548 Hempfield (19– Russell, Chairman, Nissley Road, advanceSearch. 03–0983P). Township of East Landisville, PA 17538. Hempfield Board of Su- pervisors, 1700 Nissley Road, Landisville, PA 17538. Montgomery ... Township of The Honorable Laura Township Hall, 616 Ger- https://msc.fema.gov/portal/ Jun. 23, 2020 .. 420712 Whitemarsh Boyle-Nester, Chair, mantown Pike, Lafayette advanceSearch. (19–03– Township of Hill, PA 19444. 1803P). Whitemarsh Board of Supervisors, 616 Ger- mantown Pike, Lafayette Hill, PA 19444. South Carolina: Unincorporated Mr. Sel Hemingway, Georgetown County Build- https://msc.fema.gov/portal/ Jun. 11, 2020 .. 450085 Georgetown. areas of Georgetown County Ad- ing Department, 129 advanceSearch. Georgetown ministrator, 716 Prince Screven Street, George- County (19– Street, Georgetown, SC town, SC 29440. 04–6539P). 29440. Texas: Bexar ...... City of San Anto- The Honorable Ron Transportation and Capitol https://msc.fema.gov/portal/ May 18, 2020 .. 480045 nio (19–06– Nirenberg, Mayor, City Improvements Depart- advanceSearch. 1791P). of San Antonio, P.O. ment, Storm Water Divi- Box 839966, San Anto- sion, 114 West Com- nio, TX 78283. merce Street, 7th Floor, San Antonio, TX 78204. Bexar ...... Unincorporated The Honorable Nelson W. Bexar County Public https://msc.fema.gov/portal/ May 18, 2020 .. 480035 areas of Bexar Wolff, Bexar County Works Department, advanceSearch. County (19– Judge, 101 West Nueva 1948 Probandt Street, 06–1791P). Street, 10th Floor, San San Antonio, TX 78214. Antonio, TX 78205. Tarrant ...... City of Fort Worth The Honorable Betsy Transportation and Public https://msc.fema.gov/portal/ Jun. 18, 2020 .. 480596 (19–06– Price, Mayor, City of Works, Engineering De- advanceSearch. 3049P). Fort Worth, 200 Texas partment, 200 Texas Street, Fort Worth, TX Street, Fort Worth, TX 76102. 76102. Travis ...... City of Austin The Honorable Stephen Watershed Protection De- https://msc.fema.gov/portal/ Jun. 29, 2020 .. 480624 (19–06– Adler, Mayor, City of partment, 505 Barton advanceSearch. 1200P). Austin, P.O. Box 1088, Springs Road, 12th Austin, TX 78767. Floor, Austin, TX 78704. Virginia: Prince Unincorporated Mr. Christopher E. Prince William County De- https://msc.fema.gov/portal/ Jun. 18, 2020 .. 510119 William. areas of Prince Martino, Prince William partment of Public advanceSearch. William County County Executive, 1 Works, 5 County Com- (19–03– County Complex Court, plex Court, Prince Wil- 0954P). Prince William, VA liam, VA 22192. 22192.
[FR Doc. 2020–05770 Filed 3–19–20; 8:45 am] DEPARTMENT OF HOMELAND SUMMARY: This notice announces that BILLING CODE 9110–12–P SECURITY the Transportation Security Administration (TSA) has forwarded the Transportation Security Administration Information Collection Request (ICR), Office of Management and Budget Extension of Agency Information (OMB) control number 1652–0067, Collection Activity Under OMB Review: abstracted below to OMB for review and TSA Canine Training Center Adoption approval of an extension of the Application currently approved collection under the Paperwork Reduction Act (PRA). The AGENCY: Transportation Security ICR describes the nature of the Administration, DHS. information collection and its expected ACTION: 30-Day notice. burden. The collection involves gathering information from individuals
VerDate Sep<11>2014 19:51 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16119
who wish to adopt a TSA canine which this request for information could notice to provide recommended through the TSA Canine Training Center be modified to reduce the burden on technical, medical, and behavioral (CTC) Adoption Program. respondents. standards for explosives detection canines. TSA is recommending these DATES: Send your comments by April Information Collection Requirement 20, 2020. A comment to OMB is most standards to assist transportation effective if OMB receives it within 30 Title: TSA Canine Training Center stakeholders in evaluating canines to be days of publication. Adoption Application. purchased for purposes of an explosive Type of Request: Extension of a ADDRESSES: Written comments and detection canine team to screen currently approved collection. recommendations for the proposed individuals and property in the public OMB Control Number: 1652–0067. information collection should be sent areas of airports in the United States. Forms(s): TSA Form 433. within 30 days of publication of this The recommended standards provided Affected Public: Individuals seeking notice to www.reginfo.gov/public/do/ through this notice are consistent with to adopt a TSA canine. the standards TSA requires for canines PRAMain. Find this particular Abstract: The Transportation Security information collection by selecting to be purchased for purposes of TSA’s Administration (TSA) Canine Program explosive detection canine programs. ‘‘Currently under 30-day Review—Open is a Congressionally-mandated program for Public Comments’’ or by using the FOR FURTHER INFORMATION CONTACT: CTC that operates as a partnership among Resolution Team, Canine Training search function. TSA; aviation, mass transit, and FOR FURTHER INFORMATION CONTACT: Center, Office of Training and maritime sectors; and State and local Development, Transportation Security Christina A. Walsh, TSA PRA Officer, law enforcement. TSA operates the Information Technology (IT), TSA–11, Administration, U.S. Department of Canine Training Center (CTC) Adoption Homeland Security; email to CTC_ Transportation Security Administration, Program in accordance with 41 CFR 601 South 12th Street, Arlington, VA [email protected] (Note: 102–36.35(d) (donation of surplus _ 20598–6011; telephone (571) 227–2062; Address requires underscore, ‘‘ ’’, property) and 102–36.365 (donation of between ‘‘CTC’’ and ‘‘Resolution.’’) email [email protected]. canines used for performance of law SUPPLEMENTARY INFORMATION: TSA enforcement duties). The TSA Canine SUPPLEMENTARY INFORMATION: published a Federal Register notice, Program developed the TSA CTC to I. Background with a 60-day comment period soliciting train and deploy explosive detection TSA recognizes that canines comments, of the following collection of canine teams to Federal, State, and local successful at explosives detection in information on December 11, 2019, 84 agencies in support of daily activities active and dynamic transportation FR 67752. that protect the transportation domain. environments are a specialized product. TSA created the TSA CTC Adoption Comments Invited There is a clear distinction that Program to find suitable individuals or separates these canines from the typical In accordance with the Paperwork families to adopt and provide good pet population or canines used/trained Reduction Act of 1995 (44 U.S.C. 3501 homes to canines who do not graduate for tasks in a more controlled and et seq.), an agency may not conduct or from the training program. Individuals repeatable environment. This sponsor, and a person is not required to seeking to adopt a TSA canine must specialization is even more pronounced respond to, a collection of information complete the TSA CTC Adoption in canines used to search individuals unless it displays a valid OMB control Application. This collection of who may be wearing hidden improvised number. The ICR documentation will be information allows the TSA CTC to explosive devices. available at http://www.reginfo.gov collect personal information from the Both TSA and Congress recognize that upon its submission to OMB. Therefore, applicants to determine their suitability a successful explosive detection canine in preparation for OMB review and to adopt a TSA canine. begins with a canine that meets certain approval of the following information Number of Respondents: 300. technical, behavioral, and medical collection, TSA is soliciting comments Estimated Annual Burden Hours: An standards before training begins. Section to— estimated 50 hours annually. (1) Evaluate whether the proposed 1927 of the TSA Modernization Act,1 information requirement is necessary for Dated: March 16, 2020. requires TSA to establish a working the proper performance of the functions Christina A. Walsh, group composed of canine experts to of the agency, including whether the TSA Paperwork Reduction Act Officer, develop standards and information will have practical utility; Information Technology. recommendations for the breeding and (2) Evaluate the accuracy of the [FR Doc. 2020–05927 Filed 3–19–20; 8:45 am] training of canines capable of detecting agency’s estimate of the burden; BILLING CODE 9110–05–P explosives, and to develop (3) Enhance the quality, utility, and recommendations on how TSA can clarity of the information to be engage other stakeholders to further the collected; and DEPARTMENT OF HOMELAND development of domestic canine (4) Minimize the burden of the SECURITY breeding capacity and training. collection of information on those who To meet this requirement, TSA and are to respond, including using Transportation Security Administration the Department of Homeland Security’s Science and Technology (S & T) appropriate automated, electronic, Explosives Detection Canine Directorate identified partners in law mechanical, or other technological Recommended Standards collection techniques or other forms of enforcement, academia, and the working information technology. AGENCY: Transportation Security canine vendor community.2 This Consistent with the requirements of Administration, DHS. 1 Executive Order (E.O.) 13771, Reducing ACTION: Notice; recommended Division K, Public Law 115–254 (132 Stat. 3186; Regulation and Controlling Regulatory Oct. 5, 2018). standards. 2 The working group included representatives Costs, and E.O. 13777, Enforcing the from the TSA Canine Training Center (CTC), Regulatory Reform Agenda, TSA is also SUMMARY: The Transportation Security Auburn University, DHS S&T Directorate, National requesting comments on the extent to Administration (TSA) is publishing this Continued
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16120 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
working group met several times to the extent the notice refers to (b) Canines previously determined by develop the standards required by certification,6 TSA recognizes that there the procurer to have disqualifying section 1927. TSA consulted with the are numerous organizations that behavioral or medical characteristics in working group and its work on breeding conduct certifications of canine teams, past evaluations. This disqualification standards when posting a Blanket including certification for explosive should include any canine previously Purchase Agreement (BPA) for explosive detection capabilities, and encourages eliminated from the TSA program or detection canines for TSA, published in transportation stakeholders to become other federal, state, or local program December 2019 (Notice ID familiar with their certification based on behavior or medical 70T02018Q9NOTD408).3 requirements. The notice also assumes characteristics. Section 1928 of the TSA that not all dogs presented by a vendor (c) Any canine showing signs of fear, Modernization Act requires TSA to for purchase will meet the needs of the shyness, retreating, or avoidance enhance the supply of canines for procurer and that a procurer using these behaviors (people and environment), purchase by TSA and transportation recommended standards will have noise sensitivity (to include the stakeholders by publishing these individuals qualified to assess and potential for gunfire), submissive behavior, medical, and technical evaluate canines to determine whether urination, or refusal to negotiate objects. standards with the expectation that they they meet the standards. (d) Aggression.—Any canine with a may be used by transportation The contents of this notice do not clear history of aggression or showing stakeholders in purchasing third-party have force and effect of law and are not aggressive behavior toward human explosives detection canines to be meant to bind the public in any way. beings or other animals, as defined by eventually certified by appropriate This notice is intended only to provide the SWGCANINE guidelines (https:// authorities for the screening of clarity to the public regarding existing swgcanine.fiu.edu/), as well as toward individuals and property, including requirements under the law or agency items and equipment in and around the detection of explosive vapors among policies. testing area should not be accepted. individuals and articles of property.4 (e) Forced training.—Evidence, as The statutes requires the standards II. Standards determined by the evaluators, that the made available under section 1928 for A. Technical Standards. TSA canine has been subjected to forced transportation stakeholders to be based recommends that transportation fetch, electronic collar training, or the on the standards developed under stakeholders apply the following use of some form of compulsion in an section 1927. technical standards when procuring effort to force a canine to pick up or TSA is providing the following canines for an explosive detection retrieve an object. recommended standards for canine team capability. (f) Disease or Injury.—Canines that are transportation stakeholders to apply 1. Identification.—The vendor should injured, displaying potentially when purchasing canines for an ensure that all potential candidate infectious disease, or are considered explosive detection canine program. canines should have a permanent overweight or underweight should not The recommended standards are identification in the form of an be accepted for assessment. Previously consistent with TSA’s requirements for implantation a microchip before being medically declined canines with explosive detection canines, as stated in medical records displaying treatment 5 presented for potential purchase. In the BPA, with modifications to make general, TSA recommends that the and recovery from injury or disease may them more relevant to TSA’s microchip meet International be assessed. transportation stakeholders. Organization for Standardization (ISO) (g) Medical disqualifications (see TSA encourages transportation standards. The vendor and subsequent Medical Requirements). stakeholders to use these recommended procurer should consistently use this (h) Falsification identified in any of standards when purchasing canines microchip ID as the legal marker on all the deliverable records. intended to provide an explosive radiographs for purposes of medical 6. Cumulative Disqualifiers.—The detection canine team capability for requirements and evaluation. The following behaviors, although not an all- purposes such as enhancing security inclusive list, are often cumulative in within the public area of airports. For microchip should be clearly identifiable as associated with the specific canine in nature and may constitute a failure: purposes of these standards, potential (a) Loss of interest in the reward transportation-stakeholder purchasers all medical and training records. 2. Breed.—Canines should be of one object. are referred to as ‘‘procurers’’ and any (b) Failure to pursue thrown reward breeders or other persons offering of the following sporting breeds: Labrador Retrievers, Flat Coated object. canines for purchase are referred to as (c) Visual rather than olfactory search ‘‘vendors.’’ Retrievers, Vizslas, and German Shorthaired/Wirehaired Pointers. behavior. This notice neither addresses nor (d) Weak or interrupted search 3. Age.—All canines presented for identifies specific companies or behavior. training should be between 12–36 organizations to be used by (e) Displays a lack of physical months of age at the time of delivery. transportation stakeholders to certify stamina. 4. Sex (surgical altering).—Males and explosives detection canine teams. To (f) Failure to accept being placed in sit females may be procured reproductively position. Police Canine Association, American Kennel Club, ‘‘intact.’’ (g) Failure to return to active/effective Superior Tactics, Arete Canines, Penn Vet Working 5. Immediate disqualifiers for Dog Center, and Johns Hopkins University Applied search behavior after being placed in sit assessment acceptance.— position. Physics Laboratory. (a) Canines previously screened or 3 Documents related to this BPA are available at (h) Strong tendency to scratch, claw the following website: https://beta.sam.gov/opp/ evaluated by the procurer within the or bite objects in the environment, to 2bd9fcadb432426eb4782d6d08b267a2/view. previous 30 days. include reward/odor, while searching. 4 Id. at § 1928(a). (i) Excessive interest in distracting 5 For more detailed information on the standards, 6 See, e.g., the United States Police Canine TSA encourages transportation stakeholders to Association, North American Police Working Dog odors or stimuli or preoccupation with review the additional documentation in the BPA Association, and the International Police Working scent-marking. See supra n. 3. Dog Association. (j) Failure to follow presentations.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16121
(k) Overreliance on presentations or that have passed the initial behavioral exposed. Oral infection or excessive encouragement from the evaluator/ selection process. This evaluation periodontal diseases should be grounds handler to maintain productive search should include complete physical for disqualifying a canine and broken behavior. examination; collection of blood for teeth or excessively worn teeth may be (l) Repeated disruption of search routine testing; and possibly, anesthesia disqualifying. behavior due to inability to ignore and radiographs of the hips, elbows, (d) Heart and Lungs.—Heart sounds, distractions. During the search, the lumbar spine or other areas based on rate and rhythm should be normal (e.g., canine should be expected to tolerate examination, even if imaging has been no murmurs, arrhythmia, etc.). In close contact with one or more persons performed previously by the vendor. general, the cardiovascular and that may speak to or touch the canine, Laboratory availability may affect the respiratory system should be normal at make noise, or use objects in the procurer ability to perform specific rest and upon exercise. environment to provide strong visual tests. However, the laboratory minimum (e) Limbs and Joints.—Any condition and auditory stimuli. database should include: Blood urea of the bones, joints or muscles that (m) Frustration demonstrated by nitrogen, blood creatinine, serum might hamper or restrict the normal barking or other vocalizations. electrolytes, blood glucose, packed cell performance of duty is grounds for (n) Repetitive open mouth searching volume, and total solids. Screening for disqualification. Examples include: as opposed to sniffing behavior during infectious diseases/organisms such as T. (i) Hip dysplasia and elbow dysplasia. a search. Cruzi, Leishmania sp, Lyme disease, or A malformation of the hip and elbow (o) Canines requiring excessive other diseases/organisms depending on joints, respectively, which usually amounts of praise to perform tasks. The origin of the canine may be necessary as results in degenerative joint disease, emphasis is for a canine with strong determined by the veterinarian. The arthritis and chronic lameness. independent search abilities. veterinarian should assess abnormalities Radiographic evidence of hip dysplasia (p) Repetitive immature behaviors. to determine the presence of acute or or elbow dysplasia or degenerative joint B. Medical Standards. TSA chronic disease processes that may have disease, as determined by the recommends that transportation long-term medical care implications for veterinarian, should disqualify a canine. stakeholders apply the following the canine. If further evaluation is (ii) Fractures, which are unhealed, medical standards when procuring warranted, tests should be completed at should be disqualifying. Healed canines for an explosive detection the discretion of the veterinarian or the fractures resulting in significant bone or canine team capability. canine should be determined to be joint conformation changes or lameness 1. In general, all canines should be in unacceptable. The following areas should be disqualifying. excellent health with no acute or should be evaluated closely; most, but (iii) Ligament damage, osteoarthritis, chronic disease or condition, which not all, disqualifying features are noted. etc., of the limb joints is generally could either hamper their ability to A canine that has been presented once disqualifying. perform, or would be excessively costly for consideration for purchase and that (iv) Transitional vertebrae of the to treat. At the time of evaluation, each has been disqualified for medical caudal lumbar spine, lumbosacral canine should be medically able to enter reasons should not be resubmitted for junction or sacrum should be training/certification events. consideration unless the vendor can disqualifying. Asymmetric pelvic 2. Medical Screening of Radiographs document that the medically attachment is also disqualifying. of Candidate Canines.—Vendors should disqualifying condition has been (f) Nervous System and Basic submit diagnostic quality film or digital corrected. Senses.—Any defect in the nervous radiographs, at no cost to the procurer, (a) Gait.—All canines should display system, to include the basic senses of for non-binding evaluation of elbow, normal mobility at a walk and run. vision, hearing and sense of smell, lumbar spine and hip conformation. Canines should be disqualified for any should be considered disqualifying. Minimum data imprinted (‘‘flashed’’) gait abnormality which could affect the Examples include, but are not limited permanently on the radiograph/digital canine’s ability to perform normal to, opacities of the cornea, eyelid image at the time of exposure should explosive detection canine duties. deformities, cataracts, retinal include canine identification (name, (b) Skin and Coat.—Skin and coat degeneration, chronic otitis, acute or tattoo/brand number, if assigned, and should be healthy in appearance, chronic rhinitis/sinusitis and spinal microchip number), whelping date, the displaying no evidence of chronic disease. facility at which they were taken, and dermatitis, allergies, infections, injuries (g) Heartworms.—All canines date of examination. Date of or marked external parasite infestation submitted for purchase should be free of radiographic examination should be no (e.g., mange, fleas, etc.). A matted, heartworm infection (Dirofilaria greater than 4 months (120 days) prior unthrifty hair coat may not be grounds immitis). The presence of heartworm to evaluation of the canine. Following for disqualification but should raise infection should be determined by using initial radiographic screening, vendors concern about the canine’s general a heartworm antigen test. A negative should be notified if radiographs for any health. heartworm concentration test (filtration canine they intend to present are not of (b) Teeth and Jaws.—Canines should or Knott’s) is not sufficient evidence to sufficient diagnostic quality and should have normal dentition and dental declare the canine heartworm-free. need to be repeated prior to scheduled occlusion. Canines should be rejected if (h) Intestinal Parasitism.—Infection arrival. Canines may be rejected upon they have brachygnathism (undershot with intestinal parasites (roundworms, initial arrival examination if their jaw) or prognathism (overshot jaws) if hookworms, tapeworms, etc.) may not radiographs should not be submitted the veterinarian feels the condition be disqualifying, depending on the level before scheduled arrival, or are should adversely affect eating or of infection and the overall condition of inadequate for evaluation until repeat handling of the reward. All four canine the canine. Presence of intestinal radiographic submissions are of teeth should be present and not be parasites is, however, an indication of satisfactory diagnostic quality. weakened by notching, enamel poor care and should raise concern 3. Veterinary staff supporting the hypoplasia or excessive wear. Teeth about the canine’s general health. procurer of canines for explosive should not have more than 1⁄3 inch of (i) External Parasitism.—Presence of detection should examine all canines the tip missing or have pulp cavity fleas, ticks, lice, mange mites or ear
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16122 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
mites may not be disqualifying, performed at time of examination should conclude at acceptance or depending on the amount of infestation, should be acceptable). The radiographs disqualification. the degree of associated skin disease, should meet the minimum 4. Canines presented by the vendor and the overall condition of the canine. identification requirements of paragraph for purchase should have a high level of Presence of external parasites is, A (1) above. environmental confidence and however, an indication of poor care and 5. Common Medically-Disqualifying sociability to be deployed in an active, should raise concern about the canine’s Conditions.—The following list is high paced and dynamic environments. general health. provided as a helpful guide and If the vendor presents the canine as (j) Immunization.—All canines example to all vendors presenting completely trained, it should be trained presented should have been vaccinated canines and is not intended to be a and ready for any required validation/ within the previous 12 months for complete list. certification necessary for deployment rabies, canine distemper, canine (a) Hematological abnormalities in public areas of an airport, including adenovirus (TYPE 2), coronavirus, consistent with severe parasitism, any odors determined appropriate by parainfluenza, parvovirus and infection, or metabolic disease. the certifying organization. leptospirosis. All canines should also (b) Poor body condition, either have been vaccinated for Bordetella 5. Vendors should be expected to emaciation or obesity. prepare the canine to meet any required within the previous 6 months (but no (c) Severe periodontal disease. less than 1 month prior to presentation); certification standards. The procurer (d) Severe, non-resolving or should evaluate trainability during the preferably via the modified live oral or intractable otitis externa or dermatitis. intranasal forms but the killed assessment, but trainability should not (e) Radiographic signs of hip or elbow outweigh other deficiencies in the subcutaneous injectable version is also dysplasia or radiographic evidence of acceptable. Records of all vaccination assessment criteria. The procurer should degenerative joint disease. make it clear to the vendor/handler that administration should be copied from a (f) Transitional vertebrae of the caudal legal veterinary medical record and excessive use of praise or motivational lumbar spine, lumbosacral junction or rewards should not be used as a means signed by the licensed veterinarian sacrum should be disqualifying, as is responsible for administration of the to assist the canine with a specific the presence of any degenerative change vaccinations. A rabies vaccination socialization, environmental stability or in the lumbar spine (such as arthritis). certificate, with individual canine search assessments. Searching ability Asymmetric pelvic attachment is also identification (name, tattoo, brand or with effective olfactory acuity should be disqualifying. microchip #) should be provided for all self-driven for the canine and (g) Previous musculoskeletal injury, canines. This documentation facilitates independent from the handler’s input. which has or may lead to degenerative health certificate preparation, if the joint disease or conformational III. Conclusion canine is to be returned to the vendor. (k) Socialization.—All canines abnormality. Explosives detection canines are a presented should be socialized to C. Behavioral Standards. TSA proven deterrent and effective detection medical examinations. Canines that recommends that transportation technology when well-trained and cannot be properly examined due to stakeholders apply the following deployed consistent with their training. poor socialization should be rejected. behavioral standards when procuring The need to increase security in airports Rejected canines may be represented canines for an explosive detection both at the checkpoint and in public after behavior has been modified to canine team capability. areas drives the need for TSA to identify allow medical examination. 1. Whenever possible, the procurer options for increasing the availability (l) Reproductive and Urinary should offer a demonstration to vendors and use of canines. When effectively System.—Any congenital or before placement of an order for training and deployed, adding the conformational abnormality is canines, to observe a canine being taken deployment of explosive detection disqualifying, if the defect requires long- through the assessment areas with the canine teams to security measures can term medical treatment or results in a procurer’s evaluator, demonstrating how successfully address vulnerabilities and shortened working life of the canine. each assessment will be performed. emerging threats. (e.g., cryptorchidism is not disqualifying Vendors should be allowed to be Dated: March 16, 2020. unless the retained testicle results in present during testing events providing medical complications not treatable by they receive prior approval from the Kimberly Walton, simple orchiectomy. A juvenile vulva procurer, and remain in an observation Executive Assistant Administrator, Enterprise resulting in urine scalding is capacity throughout the assessment. Support. disqualifying.) 2. The vendor should have prepared [FR Doc. 2020–05926 Filed 3–19–20; 8:45 am] 5. Veterinary Medical Facilities.— the canine sufficiently to be resilient to BILLING CODE 9110–05–P Before submitting a canine for the stress associated with the evaluation by the procurer, the vendor procurement process. This should should have canines examined by a include, but not be limited to, transport DEPARTMENT OF HOMELAND veterinary facility that can provide in canine trailers/vehicles, handling by SECURITY diagnostic quality hip, elbow, and strangers, unfamiliar kennel environs, Transportation Security Administration lumbar spine radiographs/digital images veterinary care (in muzzle), and (under sedation/anesthesia), and an unfamiliar assessment environments. Intent To Request Approval From OMB examination room capable of supporting 3. The canine(s) general assessment of One New Public Collection of ophthalmology and cardiology should begin as soon as the canines are Information: Certification of Identity examinations, and laboratory support to provided to the procurer’s evaluators Form (TSA Form 415) do basic serum chemistries. The vendor and continue until canines are accepted should provide radiographs of candidate or disqualified. This includes AGENCY: Transportation Security canines for evaluation that have been observations made by all persons Administration, DHS. completed no more than four (4) months handling or observing the canine during ACTION: 60-Day notice. prior to evaluation of the canine (images the assessment period. The assessment
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16123
SUMMARY: The Transportation Security Information Collection Requirement To initiate the IVCC process, a Administration (TSA) invites public traveler who does not have their Purpose and Description of Data comment on a new Information acceptable identification with him or Collection Collection Request (ICR) abstracted her must complete a Certification of below that we will submit to the Office The REAL ID Act and implementing Identity form (TSA Form 415).5 The of Management and Budget (OMB) for regulation set minimum requirements current TSA Form 415 requests the approval in compliance with the for state-issued driver’s licenses and traveler’s name and address. After Paperwork Reduction Act (PRA). The identification cards (DL/ID) accepted by completing the form, the traveler is ICR describes the nature of the Federal agencies for official purposes, connected with TSA’s IVCC. information collection and its expected including boarding federally regulated Acceptable identification burden on an individual traveler commercial aircraft.1 Pursuant to the requirements will change on October 1, providing his or her name; address; and regulation, beginning October 1, 2020, 2020, when all state-issued information that would help TSA verify TSA may only accept state-issued DL/ID identification must meet REAL ID the identity of the passenger. if the card itself is REAL ID-compliant.2 requirements. To ensure that the In advance of TSA’s full DATES: Send your comments by May 19, alternative identity verification process 2020. implementation of these REAL ID does not become a means for travelers requirements, the agency is reviewing to circumvent REAL ID requirements, ADDRESSES: Comments may be emailed all screening and identity verification TSA is revising Form 415 to ask to [email protected] or delivered to processes. As part of this review, TSA additional questions concerning what the TSA PRA Officer, Information is updating the information that the type of physical identification the Technology (IT), TSA–11, Agency may collect from individuals individual has. This expansion of the Transportation Security Administration, seeking to use the IVCC process. type of information collected requires 601 South 12th Street, Arlington, VA All adult passengers 18 and over must TSA to seek approval for the collection. 20598–6011. show valid identification at the airport The most likely respondents to this FOR FURTHER INFORMATION: Christina A. checkpoint in order to travel. TSA has proposed information request are Walsh at the above address, or by identified acceptable forms of travelers who arrive at an airport telephone (571) 227–2062. identification to meet this requirement. security checkpoint without an SUPPLEMENTARY INFORMATION: Generally, individuals verify their acceptable form of identification identity by providing an acceptable Comments Invited because they lost or forgot their DL or form of ID (such as a driver’s license or other state-issued ID. Other likely In accordance with the Paperwork passport) at the travel document respondents are travelers who had their Reduction Act of 1995 (44 U.S.C. 3501 checker.3 In the event that an individual acceptable form of identification stolen et seq.), an agency may not conduct or does not have their acceptable form of and travelers carrying a form of sponsor, and a person is not required to identification with them at the airport, identification that they incorrectly respond to, a collection of information TSA may still allow that individual to believed to be acceptable. TSA estimates unless it displays a valid OMB control fly if they are able to verify their that approximately 912,500 passengers number. The ICR documentation will be identity through alternative procedures, will complete the TSA Form 415 available at http://www.reginfo.gov such as through TSA’s Identity annually. TSA estimates each form will upon its submission to OMB. Therefore, Verification Call Center (IVCC) process.4 take approximately three minutes to in preparation for OMB review and The IVCC uses knowledge-based complete. This collection would result approval of the following information authentication, via commercial and in an annual reporting burden of 45,625 collection, TSA is soliciting comments government database sources with hours. to— personal identifiable information (1) Evaluate whether the proposed provided by the passenger in order to Use of Results information requirement is necessary for derive questions that the IVCC uses to TSA will use the information the proper performance of the functions ask the passenger to verify his or her provided on revised TSA Form 415 to of the agency, including whether the identity. The commercial databases generate questions intended to verify information will have practical utility; used by the IVCC are aggregators of an the identity of a traveler who arrives at (2) Evaluate the accuracy of the individual’s transactional data, a security screening checkpoint without agency’s estimate of the burden; providing essential information of an acceptable form of identification. (3) Enhance the quality, utility, and which only an individual would have This information may also be used to clarity of the information to be knowledge. The IVCC then speaks with determine who may access the IVCC. A collected; and the traveler to verify the individual’s failure to collect this information may (4) Minimize the burden of the identity based on information found in result in TSA not being able to verify collection of information on those who the databases. If the traveler’s identity is the identity of travelers without an are to respond, including using confirmed, he or she will be allowed to acceptable form of identification and appropriate automated, electronic, enter the screening checkpoint. these travelers being unable to proceed mechanical, or other technological Travelers using the alternative process through the security checkpoint and collection techniques or other forms of for identity verification may be subject board a commercial aircraft. information technology. to additional security screening. TSA previously initiated the PRA Consistent with the requirements of approval process by publishing a notice Executive Order (E.O.) 13771, Reducing 1 Public Law 109–13, Div. B, 119 Stat. 231, 302– on November 8, 2016, 81 FR 78623, Regulation and Controlling Regulatory 23 (May 11, 2005); REAL ID Driver’s Licenses and announcing our intent to conduct this Costs, and E.O. 13777, Enforcing the Identification Cards, 6 CFR part 37. collection; however due to continuing 2 Regulatory Reform Agenda, TSA is also 6 CFR 37.5(b). policy refinement, TSA never requesting comments on the extent to 3 The agency provides a list of acceptable forms of identification on the agency website, available at completed the process or finalized the which this request for information could https://www.tsa.gov/travel/security-screening/ be modified to reduce the burden on identification. 5 TSA Form 415 is currently exempt from the respondents. 4 Id. Paperwork Reduction Act.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16124 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
TSA Form 415. TSA welcomes new Service (FRS) at 1–800–877–8339 to Under the Dingell Act, the BLM is comments with the publication of this contact the above individuals during required to consider public comments new notice to re-initiate the approval normal business hours. The FRS is when temporary closures are proposed process. available 24 hours a day, 7 days a week, and would affect hunting, fishing, and Dated: March 16, 2020. to leave a message or question. You will recreational shooting on public lands. Christina A. Walsh, receive a reply during normal hours. This notice announces the beginning of the 30-day comment period for the TSA Paperwork Reduction Act Officer, SUPPLEMENTARY INFORMATION: The BLM Information Technology. proposed temporary closure of public Hassayampa and Lower Sonoran Field lands to all entry, whereby comments [FR Doc. 2020–06011 Filed 3–19–20; 8:45 am] Offices propose to temporarily close on impacts to hunting, fishing, and BILLING CODE 9110–05–P public lands to public entry for all uses recreational shooting are being accepted during the construction of the Box by the BLM. Following the public Canyon, Church Camp Road, Narramore comment period, the BLM will issue a DEPARTMENT OF THE INTERIOR Road, and Saddleback Mountain final decision which will respond in a recreational shooting sports sites. After reasonable manner to the comments Bureau of Land Management construction and during the operation of received, will explain how significant [LLAZP00000.L122000000.DF0000. each site, temporary closures at these issues were resolved, and will be made LXSSA3610000] recreational shooting sports sites, as available on the project website at: well as Baldy Mountain (which is https://go.usa.gov/xmfVv. Before Notice of Intent To Temporarily Close located on public lands administered by including your address, phone number, Selected Public Lands in Maricopa and the Hassayampa Field Office) are email address, or other personal Pinal Counties, AZ proposed on a recurring basis for public identifying information in any safety, maintenance, administration, or comment, be aware that your entire AGENCY: Bureau of Land Management, compliance with applicable laws within Interior. comment, including your personal the smallest area for the least amount of identifying information, may be made ACTION: Notice of intent to temporarily time. The Baldy Mountain, Church close. publicly available at any time. While Camp Road, Narramore Road, and you can ask us in your comment to Saddleback Mountain sites are located SUMMARY: The Bureau of Land withhold your personal identifying Management (BLM) proposes to in Maricopa County. Box Canyon is information from public review, the temporarily close public lands to public located in Pinal County. BLM cannot guarantee that we will be entry for all uses for up to 180 days on In compliance with the John D. able to do so. certain public lands administered by the Dingell, Jr. Conservation, Management, The legal description of the affected Hassayampa and Lower Sonoran Field and Recreation Act (Dingell Act; 16 public lands are: U.S.C. 7913(a)(1)), and in compliance Offices, during the construction of four Baldy Mountain (Approximately 399 Acres) recreational shooting sports sites. with 43 CFR 8364.1, notice of intent is Additionally, temporary closures of hereby given that the proposed closures Gila and Salt River Meridian, Arizona these sites, as well as one additional would temporarily close public lands to T. 6 N., R. 1 W., recreational shooting sports site, are public entry, including entry for Sec. 10, SE1⁄4NE1⁄4, NE1⁄4SE1⁄4 (portions of); proposed for a few days on a periodic hunting, fishing, and recreational Sec. 11, SW1⁄4NE1⁄4, S1⁄2NW1⁄4, SW1⁄4, basis for public safety, maintenance, shooting. These proposed temporary NW1⁄4SE1⁄4 (portions of). administration, or compliance with closures are necessary to ensure public Box Canyon (Approximately 478 Acres) applicable laws. and worker safety during construction Gila and Salt River Meridian, Arizona DATES: Interested parties may submit of the recreational shooting sports sites. written comments regarding the impacts To the extent feasible, only one or two T. 5 S., R. 2 E., sites would be closed at a time until Sec. 9, N1⁄2, N1⁄2SW1⁄4, N1⁄2SE1⁄4 (portions to hunting, fishing, and recreational of). shooting no later than April 20, 2020. construction is completed, and the ADDRESSES: Interested parties may recreational shooting sports site(s) can Church Camp Road (Approximately 200 submit comments regarding the be opened for public use. The BLM has Acres) proposed temporary closure of public not determined specific construction Gila and Salt River Meridian, Arizona dates for Box Canyon, Church Camp lands to hunting, fishing, and T. 6 N., R. 1 W., Road, Narramore Road, or Saddleback recreational shooting, during the Sec. 23, E1⁄2SW1⁄4, NW1⁄4SE1⁄4, S1⁄2SE1⁄4. proposed temporary closures to public Mountain recreational shooting sports Narramore Road (Approximately 163 Acre) entry by any of the following methods: sites. The temporary closures for each • BLM National NEPA Website: site should not exceed 180 days. Gila and Salt River Meridian, Arizona https://go.usa.gov/xmfVv. However, if construction exceeds 180 T. 1 S., R. 5 W., • 1 1 1 1 Mail: BLM, Phoenix District Office, days, renewal of the temporary closure Sec. 17, S ⁄2SW ⁄4, S ⁄2SE ⁄4. Attention: Tyler Lindsey, 21605 N 7th would require separate notice of intent to be published in the Federal Register Saddleback Mountain (Approximately 400 Avenue, Phoenix, AZ 85027. Acres) FOR FURTHER INFORMATION CONTACT: John to initiate an additional 30-day (Jake) Szympruch, District Chief Ranger comment period prior to a renewal Gila and Salt River Meridian, Arizona at email: [email protected]; or Lane decision being issued. T. 6 N., R. 1 W., Cowger, Hassayampa Field Office These temporary closures for Sec. 26, S1⁄2; 1 1 1 1 Manager at email: [email protected]; or construction and operation were Sec. 35, NW ⁄4NE ⁄4, NE ⁄4NW ⁄4. Ed Kender, Lower Sonoran Field Office analyzed under the Recreational A copy of this notice and map for the Manager at email: [email protected]; or Shooting Sports Project Final closure area will be posted at least 30 at 623–580–5500. Persons who use a Environmental Assessment (January days in advance of the effective date of telecommunications device for the deaf 2020) and in consultation with the the temporary closure at the main entry (TDD) may call the Federal Relay Arizona Game and Fish Department. points to each of these sites, available at
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16125
the Phoenix District Office, 21605 North for the Yellow Pine Solar Project and by miles southeast of Pahrump and 7th Avenue, Phoenix, Arizona 85027, this notice is announcing the opening of approximately 32 miles west of Las and available on the project website the comment period. Vegas in Clark County, Nevada. The located at: https://go.usa.gov/xmfVv. DATES: This notice initiates the public Yellow Pine Solar Project would be This notice satisfies the requirements comment period for the Draft EIS. To located on approximately 3,072 acres of found at 43 CFR 8364.1. Therefore, the ensure that comments will be BLM managed public land. temporary closures authorized in the considered, the BLM must receive The Draft EIS addresses the direct, final decision would be enforced by the written comments on the Draft EIS indirect and cumulative environmental BLM under the authority of Section within 45 days following the date the impacts of the proposed action and 303(a) of the Federal Land Policy and Environmental Protection Agency alternatives. The Draft EIS evaluates the Management Act of 1976 (43 U.S.C. publishes its Notice of Availability in Proposed Action, the Modified Layout 1733(a)), 43 CFR 8360.0–7, and 43 CFR the Federal Register. The dates and Alternative, the Mowing Alternative, 8364.1 within the closure area for each locations of any public meetings will be and the No Action Alternative. All of site. announced at least 15 days in advance the analysis involves development on Temporary closures authorized in the through local media, newspapers and approximately 3,072 acres of land; final decision would cover the entire the BLM website at: https://go.usa.gov/ however, each action/alternative differs affected areas as described earlier and in xQF3z. We will provide additional in how the facility is constructed. The the time period as described above opportunities for public participation Proposed Action would be divided into would be temporarily closed to public upon publication of the Final EIS. four unique sub-areas to avoid three large washes that cross the study area. entry. ADDRESSES: You may submit comments The following persons would be related to the Yellow Pine Solar Project The Proposed Action would involve exempt from the proposed temporary Draft EIS by any of the following solar development utilizing traditional methods, which include disk and roll closure orders: Federal, State, and local methods: officers and employees in the • which removes all vegetation from Website: https://go.usa.gov/xQF3z within the solar arrays. The Modified performance of their official duties; • Email: blm_nv_sndo_yellowpine@ Layout would involve one combined members of organized rescue or fire- blm.gov project area on the west side of the fighting forces in the performance of • Fax: 702–515–5023 their official duties; and persons with • Mail: Yellow Pine Solar Project, Attn: project study area to increase space written authorization from the BLM. Herman Pinales, BLM Las Vegas Field between the project and the Tecopa Any person who violates temporary Office, 4701 N. Torrey Pines Drive, Road, State Route 160, and the Stump closures authorized in a final decision Las Vegas, NV 89130 Springs Desert Tortoise Translocation Area. The Mowing Alternative is a may be tried before a United States FOR FURTHER INFORMATION CONTACT: Magistrate and fined in accordance with construction methods alternative that Herman Pinales, Energy & Infrastructure may be applied to either site layout. 18 U.S.C. 3571, imprisoned no more Project Manager, telephone 702–515– than 12 months under 43 U.S.C. 1733(a) Under the Mowing Alternative, 5284; address 4701 North Torrey Pines vegetation would be maintained at a and 43 CFR 8360.0–7, or both. In Drive, Las Vegas, Nevada 89130–2301; accordance with 43 CFR 8365.1–7, State _ _ _ height of 18 to 24 inches to address email blm nv sndo yellowpine@ concerns related to the loss of topsoil, or local officials may also impose blm.gov. Persons who use a penalties for violations of Arizona law. vegetation, and seedbanks. The No telecommunications device for the deaf Action Alternative would be a (Authority: 43 CFR 8364.1 and 16 U.S.C. (TDD) may call the Federal Relay continuation of existing conditions. The 7913) Service (FRS) at 1–800–877–8339 to BLM has identified the Proposed Action contact the above individual during layout using the Mowing Alternative Leon Thomas, normal business hours. The FRS is District Manager. construction method as the preferred available 24 hours a day, 7 days a week, alternative. [FR Doc. 2020–05956 Filed 3–19–20; 8:45 am] to leave a message or question with the A Notice of Intent (NOI) to prepare an BILLING CODE 4310–32–P above individual. You will receive a EIS for the proposed Yellow Pine Solar reply during normal business hours. Project was published in the Federal SUPPLEMENTARY INFORMATION: This Draft DEPARTMENT OF THE INTERIOR Register on June 1, 2018 (83 FR 25484). EIS addresses two separate but The public scoping period closed on Bureau of Land Management connected applications that have been August 30, 2018. The BLM held two submitted to the BLM Las Vegas Field public scoping meetings. The BLM [LLNVS01000. L51010000.ER0000. Office. First, Yellow Pine Solar, LLC has received 57 public scoping comment LVRWF1906420. 19X; N–90788; applied for a right-of-way on public letters during the 45-day scoping period. MO#4500143154] land to construct, operate, and maintain The scoping comments focused on Notice of Availability for the Draft a proposed solar energy generation biological resources including the Environmental Impact Statement for station and ancillary facilities including threatened Mojave desert tortoise, the Yellow Pine Solar Project in Clark battery storage, known as the Yellow alternatives development, visual County, NV Pine Solar Facility. Second, GridLiance resources, cultural resources, and West, LLC has applied for a right-of-way impacts to the Old Spanish National AGENCY: Bureau of Land Management, (ROW) on public land to construct, Historic Trail. Interior. operate, and maintain a GridLiance The BLM analyzed a combination of ACTION: Notice of availability. West 230-kilovolt (kV) Trout Canyon proposed environmental measures and Substation and associated 230-kV possible mitigation to eliminate or SUMMARY: In accordance with the transmission line. These two minimize impacts associated with the National Environmental Policy Act of applications are collectively known as proposed action. These included the 1969, as amended, the Bureau of Land the Yellow Pine Solar Project. potential for identifying opportunities to Management (BLM) has prepared a Draft The proposed Yellow Pine Solar apply on-site mitigation strategies Environmental Impact Statement (EIS) Project is located approximately 10 appropriate to the site of the proposal,
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16126 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
and management actions to achieve DATES: Any party claiming a property ANCSA (43 U.S.C. 1616(b)), and Sec. resource objectives. interest in the lands affected by the 506(a) of ANILCA (94 Stat. 2408), in the The BLM continues to consult with decision may appeal the decision in lands described above. Indian tribes on a government-to- accordance with the requirements of 43 The BLM will also publish notice of government basis in accordance with CFR part 4 within the time limits set out the decision once a week for four Executive Order 13175 and other in the SUPPLEMENTARY INFORMATION consecutive weeks in the Juneau Empire policies. Tribal concerns, including section. and the Ketchikan Daily News impacts to Indian trust assets and ADDRESSES: You may obtain a copy of newspapers. potential impacts to cultural resources, the decision from the Bureau of Land Any party claiming a property interest will be given due consideration. Management, Alaska State Office, 222 in the lands affected by the decision Please note that public comments and may appeal the decision in accordance information submitted including names, West Seventh Avenue, #13, Anchorage, AK 99513–7504. with the requirements of 43 CFR part 4 street addresses, and email addresses of within the following time limits: FOR FURTHER INFORMATION CONTACT: persons who submit comments will be 1. Unknown parties, parties unable to Chelsea Kreiner, BLM Alaska State available for public review and be located after reasonable efforts have Office, 907–271–4205, or ckreiner@ disclosure at the above address during been expended to locate, parties who blm.gov. The BLM Alaska State Office regular business hours (8 a.m. to 4:30 fail or refuse to sign their return receipt, may also be contacted via p.m.), Monday through Friday, except and parties who receive a copy of the Telecommunications Device for the Deaf holidays. decision by regular mail which is not (TDD) through the Federal Relay Service Before including your address, phone certified, return receipt requested, shall at 1–800–877–8339. The relay service is number, email address, or other have until April 20, 2020 to file an available 24 hours a day, 7 days a week, personal identifying information in your appeal. to leave a message or question with the comment, you should be aware that 2. Parties receiving service of the BLM. The BLM will reply during your entire comment—including your decision by certified mail shall have 30 normal business hours. personal identifying information—may days from the date of receipt to file an be made publicly available at any time. SUPPLEMENTARY INFORMATION: As appeal. While you can ask us in your comment required by 43 CFR 2650.7(d), notice is Parties who do not file an appeal in to withhold your personal identifying hereby given that the BLM will issue an accordance with the requirements of 43 information from public review, we appealable decision to Kootznoowoo. CFR part 4 shall be deemed to have cannot guarantee that we will be able to The decision approves conveyance of waived their rights. Notices of appeal do so. the surface estate in certain lands transmitted by facsimile will not be (Authority: 40 CFR 1506.6, 40 CFR 1506.10) pursuant to ANCSA (43 U.S.C. 1601, et accepted as timely filed. seq.), and Secs. 506(a)(4) and (5) of Gera Ashton, ANILCA (94 Stat. 2408). As provided by Chelsea Kreiner, Acting District Manager, Southern Nevada ANILCA and as set out below, a portion Land Law Examiner, Adjudication Section. District. of the subsurface estate in the same [FR Doc. 2020–05955 Filed 3–19–20; 8:45 am] [FR Doc. 2020–05745 Filed 3–19–20; 8:45 am] lands will be conveyed to Sealaska BILLING CODE 4310–JA–P BILLING CODE 4310–HC–P Corporation when the surface estate is conveyed to Kootznoowoo. The lands are located in the vicinity of Chichagof DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Island and Prince of Wales Island, Bureau of Reclamation Bureau of Land Management Alaska, and are described as: [DOI–2019–0015; RR83570000, 200R5065C6, [AA–6978–E; AA–6978–F; Lands on Chichagof Island To Be Conveyed RX.59389832.1009676] 20X.LLAK944000.L14100000.HY0000] Pursuant to Sec. 506(a)(4) of ANILCA Surface to Kootznoowoo; Subsurface Alaska Native Claims Selection Retained by United States Privacy Act of 1974; System of U.S. Survey No. 14075, Alaska. Records AGENCY: Bureau of Land Management, Containing 19.99 acres. Interior. AGENCY: Bureau of Reclamation, Lands on Prince of Wales Island To Be Interior. ACTION: Notice of decision approving Conveyed Pursuant to Sec. 506(a)(5) of lands for conveyance. ACTION: Rescindment of systems of ANILCA Surface to Kootznoowoo; records notices. SUMMARY: The Bureau of Land Subsurface to Sealaska Corporation Management (BLM) hereby provides U.S. Survey No. 14083, Alaska. SUMMARY: The Department of the constructive notice that it will issue an Containing 61.03 acres. Interior is issuing a public notice of its appealable decision approving Copper River Meridian, Alaska intent to rescind nine Bureau of Reclamation Privacy Act systems of conveyance of the surface estate in T. 77 S., R. 87 E., certain lands to Kootznoowoo Secs. 11, 12, 14, and 24. records notices, INTERIOR/WBR–15, Incorporated (Kootznoowoo), for the Containing approximately 8 acres. Land Settlement Entries; INTERIOR/ Native village of Angoon, pursuant to T. 77 S., R. 88 E., WBR–17, Lands—Leases, Sales, Rentals, the Alaska Native Claims Settlement Act Sec. 36. and Transfers; INTERIOR/WBR–19, of 1971 (ANCSA) and the Alaska Containing approximately 4 acres. Mineral Location Entries; INTERIOR/ National Interest Lands Conservation T. 77 S., R. 89 E., WBR–22, Oil and Gas Applications; Act of 1980 (ANILCA). As provided by Sec. 32. INTERIOR/WBR–28, Real Property and ANILCA, the BLM will convey the Containing approximately 1 acre. Right-of-Way Acquisitions; INTERIOR/ subsurface estate in a portion of the Aggregating approximately 94 acres. WBR–29, Right-of-Way Applications; same lands to Sealaska Corporation The decision addresses public access INTERIOR/WBR–32, Special Use when the BLM conveys the surface easements, if any, to be reserved to the Applications, Licenses, and Permits; estate to Kootznoowoo. United States pursuant to Sec. 17(b) of INTERIOR/WBR–41, Permits; and
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16127
INTERIOR/WBR–43, Real Estate • INTERIOR/WBR–28, Real Property FR 29876 (June 3, 1999); modification Comparable Sales Data Storage, from its and Right-of-Way Acquisitions; published at 73 FR 20949 (April 17, existing inventory. In an effort to • INTERIOR/WBR–29, Right-of-Way 2008). streamline land and realty program Applications; 3. INTERIOR/WBR–19, Mineral functions, these systems of records • INTERIOR/WBR–32, Special Use Location Entries, 64 FR 29876 (June 3, notices are being rescinded as the Applications, Licenses, and Permits; 1999); modification published at 73 FR systems have been incorporated into the • INTERIOR/WBR–41, Permits; and 20949 (April 17, 2008). newly published INTERIOR/ • INTERIOR/WBR–43, Real Estate 4. INTERIOR/WBR–22, Oil and Gas Reclamation-14, Land and Realty Comparable Sales Data Storage. Applications, 64 FR 29876 (June 3, Program system of records notice. During a review of these notices, 1999); modification published at 73 FR DATES: These changes take effect on Reclamation determined that these nine 20949 (April 17, 2008). March 20, 2020. systems contained duplicative content 5. INTERIOR/WBR–28, Real Property ADDRESSES: You may send comments and were managed by one System and Right-of-Way Acquisitions, 64 FR identified by docket number [DOI– Manager in the land and realty program. 29876 (June 3, 1999); modification 2019–0015] by any of the following In an effort to streamline land and realty published at 73 FR 20949 (April 17, methods: program functions, improve 2008). • Federal eRulemaking Portal: http:// consistency, eliminate duplicative 6. INTERIOR/WBR–29, Right-of-Way www.regulations.gov. Follow the content, and promote transparency, Applications, 64 FR 29876 (June 3, instructions for sending comments. Reclamation modified the INTERIOR/ 1999); modification published at 73 FR • Email: [email protected]. WBR–14, Land Exchange system to 20949 (April 17, 2008). Include docket number [DOI–2019– incorporate these nine systems of 7. INTERIOR/WBR–32, Special Use 0015] in the subject line of the message. records and published a revised notice, Applications, Licenses, and Permits, 64 • U.S. Mail or Hand-Delivery: Teri INTERIOR/Reclamation–14, Land and FR 29876 (June 3, 1999); modification Barnett, Departmental Privacy Officer, Realty Program, in the Federal Register published at 73 FR 20949 (April 17, U.S. Department of the Interior, 1849 C at 84 FR 51614 (September 30, 2019). 2008). Street NW, Room 7112, Washington, DC The modified system will help 8. INTERIOR/WBR–41, Permits, 64 FR 20240. Reclamation manage the land and realty 29876 (June 3, 1999); modification Instructions: All submissions received program and maintain an inventory of published at 73 FR 20949 (April 17, must include the agency name and all land, facilities, and waterbodies 2008). docket number [DOI–2019–0015]. All under Reclamation’s jurisdiction. 9. INTERIOR/WBR–43, Real Estate comments received will be posted Rescinding the nine systems of records Comparable Sales Data Storage, 64 FR without change to http:// notices will have no adverse impacts on 33504 (June 23, 1999); modification www.regulations.gov, including any individuals as these records are covered published at 73 FR 20949 (April 17, personal information provided. under the INTERIOR/Reclamation-14, 2008). Docket: For access to the docket to Land and Realty Program, system of Teri Barnett, read background documents or records notice. This rescindment will comments received, go to http:// also promote the overall streamlining Departmental Privacy Officer, Department of the Interior. www.regulations.gov. and management of Department of the You should be aware your entire Interior Privacy Act systems of records. [FR Doc. 2020–05920 Filed 3–19–20; 8:45 am] comment including your personal This notice hereby rescinds the nine BILLING CODE 4332–90–P identifying information, such as your Reclamation systems of records notices address, phone number, email address, identified below. or any other personal identifying INTERNATIONAL TRADE information in your comment, may be SYSTEM NAME AND NUMBER: COMMISSION made publicly available at any time. 1. INTERIOR/WBR–15, Land While you may request to withhold your [Investigation Nos. 701–TA–627–629 and Settlement Entries. 731–TA–1458–1461 (Final)] personal identifying information from 2. INTERIOR/WBR–17, Lands— public review, we cannot guarantee we Leases, Sales, Rentals, and Transfers. Utility Scale Wind Towers From will be able to do so. 3. INTERIOR/WBR–19, Mineral Canada, Indonesia, Korea, and FOR FURTHER INFORMATION CONTACT: Location Entries. Vietnam; Scheduling of the Final Regina Magno, Associate Privacy 4. INTERIOR/WBR–22, Oil and Gas Phase of Countervailing Duty and Anti- Officer, Bureau of Reclamation, P.O. Applications. Dumping Duty Investigations Box 25007, Denver, CO 80225, privacy@ 5. INTERIOR/WBR–28, Real Property usbr.gov or (303) 445–3326. and Right-of-Way Acquisitions. AGENCY: United States International SUPPLEMENTARY INFORMATION: Pursuant 6. INTERIOR/WBR–29, Right-of-Way Trade Commission. to the provisions of the Privacy Act of Applications. ACTION: Notice. 1974, as amended, the Department of 7. INTERIOR/WBR–32, Special Use the Interior, Bureau of Reclamation Applications, Licenses, and Permits. SUMMARY: The Commission hereby gives (Reclamation) is rescinding the 8. INTERIOR/WBR–41, Permits. notice of the scheduling of the final following systems of records notices 9. INTERIOR/WBR–43, Real Estate phase of antidumping and from its inventory: Comparable Sales Data Storage. countervailing duty investigation Nos. • INTERIOR/WBR–15, Land 701–TA–627–629 and 731–TA–1458– Settlement Entries; HISTORY: 1461 (Final) pursuant to the Tariff Act • INTERIOR/WBR–17, Lands— 1. INTERIOR/WBR–15, Land of 1930 (‘‘the Act’’) to determine Leases, Sales, Rentals, and Transfers; Settlement Entries, 64 FR 29876 (June 3, whether an industry in the United • INTERIOR/WBR–19, Mineral 1999); modification published at 73 FR States is materially injured or Location Entries; 20949 (April 17, 2008). threatened with material injury, or the • INTERIOR/WBR–22, Oil and Gas 2. INTERIOR/WBR–17, Lands— establishment of an industry in the Applications; Leases, Sales, Rentals, and Transfers, 64 United States is materially retarded, by
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16128 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
reason of imports of utility scale wind 1671d(b) and 1673d(b)), as a result of Secretary for those parties authorized to towers from Canada, Indonesia, Korea, affirmative preliminary determinations receive BPI under the APO. and Vietnam, provided for in by Commerce that certain benefits Staff report.—The prehearing staff subheadings 7308.20.00 and 8502.31.00 which constitute subsidies within the report in the final phase of these of the Harmonized Tariff Schedule of meaning of section 703 of the Act (19 investigations will be placed in the the United States, preliminarily U.S.C. 1671b) are being provided to nonpublic record on June 10, 2020, and determined by the Department of manufacturers, producers, or exporters a public version will be issued Commerce (‘‘Commerce’’) to be in Canada, Indonesia, Korea, and thereafter, pursuant to section 207.22 of subsidized and sold at less-than-fair- Vietnam of utility scale wind towers, the Commission’s rules. value. and that such products are being sold in Hearing.—The Commission will hold a hearing in connection with the final DATES: February 14, 2020. the United States at less than fair value within the meaning of section 733 of the phase of these investigations beginning FOR FURTHER INFORMATION CONTACT: Act (19 U.S.C. 1673b). The at 9:30 a.m. on Thursday, June 25, 2020, Ahdia Bavari ((202) 205–3191), Office of investigations were requested in at the U.S. International Trade Investigations, U.S. International Trade petitions filed on July 9, 2019, by the Commission Building. Requests to Commission, 500 E Street SW, Wind Tower Trade Coalition (Arcosa appear at the hearing should be filed in Washington, DC 20436. Hearing- Wind Towers (Dallas, Texas) and writing with the Secretary to the impaired persons can obtain Broadwind Towers, Inc. (Manitowoc, Commission on or before June 18, 2020. information on this matter by contacting Wisconsin)). A nonparty who has testimony that may the Commission’s TDD terminal on 202– For further information concerning aid the Commission’s deliberations may 205–1810. Persons with mobility the conduct of this phase of the request permission to present a short impairments who will need special investigations, hearing procedures, and statement at the hearing. All parties and assistance in gaining access to the rules of general application, consult the nonparties desiring to appear at the Commission should contact the Office Commission’s Rules of Practice and hearing and make oral presentations of the Secretary at 202–205–2000. Procedure, part 201, subparts A and B should participate in a prehearing General information concerning the (19 CFR part 201), and part 207, conference to be held on June 24, 2020, Commission may also be obtained by subparts A and C (19 CFR part 207). at the U.S. International Trade accessing its internet server (https:// Participation in the investigations and Commission Building, if deemed www.usitc.gov). The public record for public service list.—Persons, including necessary. Oral testimony and written these investigations may be viewed on industrial users of the subject materials to be submitted at the public the Commission’s electronic docket merchandise and, if the merchandise is hearing are governed by sections (EDIS) at https://edis.usitc.gov. sold at the retail level, representative 201.6(b)(2), 201.13(f), and 207.24 of the SUPPLEMENTARY INFORMATION: consumer organizations, wishing to Commission’s rules. Parties must submit Scope.— For purposes of these participate in the final phase of these any request to present a portion of their investigations, Commerce has defined investigations as parties must file an hearing testimony in camera no later the subject merchandise as ‘‘Certain entry of appearance with the Secretary than 7 business days prior to the date of wind towers, whether or not tapered, to the Commission, as provided in the hearing. and sections thereof. Certain wind section 201.11 of the Commission’s Written submissions.—Each party towers support the nacelle and rotor rules, no later than 21 days prior to the who is an interested party shall submit blades in a wind turbine with a hearing date specified in this notice. A a prehearing brief to the Commission. minimum rated electrical power party that filed a notice of appearance Prehearing briefs must conform with the generation capacity in excess of 100 during the preliminary phase of the provisions of section 207.23 of the kilowatts and with a minimum height of investigations need not file an Commission’s rules; the deadline for 50 meters measured from the base of the additional notice of appearance during filing is June 17, 2020. Parties may also tower to the bottom of the nacelle (i.e., this final phase. The Secretary will file written testimony in connection where the top of the tower and the maintain a public service list containing with their presentation at the hearing, as nacelle are joined) when fully the names and addresses of all persons, provided in section 207.24 of the assembled. or their representatives, who are parties Commission’s rules, and posthearing A wind tower section consists of, at to the investigations. briefs, which must conform with the minimum, multiple steel plates rolled Limited disclosure of business provisions of section 207.25 of the into cylindrical or conical shapes and proprietary information (BPI) under an Commission’s rules. The deadline for welded together (or otherwise attached) administrative protective order (APO) filing posthearing briefs is July 2, 2020. to form a steel shell, regardless of and BPI service list.—Pursuant to In addition, any person who has not coating, end-finish, painting, treatment, section 207.7(a) of the Commission’s entered an appearance as a party to the or method of manufacture, and with or rules, the Secretary will make BPI investigations may submit a written without flanges, doors, or internal or gathered in the final phase of these statement of information pertinent to external components (e.g., flooring/ investigations available to authorized the subject of the investigations, decking, ladders, lifts, electrical buss applicants under the APO issued in the including statements of support or boxes, electrical cabling, conduit, cable investigations, provided that the opposition to the petition, on or before harness for nacelle generator, interior application is made no later than 21 July 2, 2020. On July 23, 2020, the lighting, tool and storage lockers) days prior to the hearing date specified Commission will make available to attached to the wind tower section. in this notice. Authorized applicants parties all information on which they Several wind tower sections are must represent interested parties, as have not had an opportunity to normally required to form a completed defined by 19 U.S.C. 1677(9), who are comment. Parties may submit final wind tower.’’ parties to the investigations. A party comments on this information on or Background.—The final phase of granted access to BPI in the preliminary before July 27, 2020, but such final these investigations is being scheduled phase of the investigations need not comments must not contain new factual pursuant to sections 705(b) and 731(b) reapply for such access. A separate information and must otherwise comply of the Tariff Act of 1930 (19 U.S.C. service list will be maintained by the with section 207.30 of the Commission’s
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16129
rules. All written submissions must reductions are now available for public Section 3(b)(3)(B)(ii) of the Act conform with the provisions of section viewing on the Commission’s website. requires the Commission to publish a 201.8 of the Commission’s rules; any ADDRESSES: All Commission offices are notice in the Federal Register directing submissions that contain BPI must also located in the United States members of the public to a publicly conform with the requirements of International Trade Commission available Commission website to view sections 201.6, 207.3, and 207.7 of the Building, 500 E Street SW, Washington, the comments on the petitions by Commission’s rules. The Commission’s DC. You may view the public file for members of the public that the Handbook on Filing Procedures, this proceeding on the Commission’s Commission received. This notice available on the Commission’s website Miscellaneous Tariff Bill Petition satisfies that requirement. Members of at https://www.usitc.gov/documents/ System (MTBPS) website at https:// the public may view those comments on _ _ _ handbook on filing procedures.pdf, mtbps.usitc.gov. the Commission’s website at https:// elaborates upon the Commission’s mtbps.usitc.gov. procedures with respect to filings. FOR FURTHER INFORMATION CONTACT: For The Commission is now preparing the Additional written submissions to the general inquiries, contact Jennifer reports that it is required to submit, Commission, including requests Rohrbach at [email protected]. For under section 3(b)(3)(C) and (E) of the pursuant to section 201.12 of the other inquiries, contact the Office of the Act, to the House Committee on Ways Commission’s rules, shall not be Secretary, Docket Services, U.S. and Means and the Senate Committee accepted unless good cause is shown for International Trade Commission, on Finance (the Committees) on the accepting such submissions, or unless telephone (202) 205–3238. The media petitions for duty suspensions and the submission is pursuant to a specific should contact Peg O’Laughlin, Public reductions submitted. The Commission request by a Commissioner or Affairs Officer (202) 205–1819 or will submit its preliminary report to the Commission staff. [email protected]). You may Committees in June 2020 and its final obtain general information concerning In accordance with sections 201.16(c) report in August 2020. In preparing the Commission at https:// and 207.3 of the Commission’s rules, these reports, the Commission will www.usitc.gov. each document filed by a party to the consider the petitions and comments investigations must be served on all SUPPLEMENTARY INFORMATION: submitted, the report that the U.S. other parties to the investigations (as Background: The American Department of Commerce (in identified by either the public or BPI Manufacturing Competitiveness Act of consultation with U.S. Customs and service list), and a certificate of service 2016 (the Act), 19 U.S.C. 1332 note, Border Protection and other relevant must be timely filed. The Secretary will established a process for the submission Federal agencies) submits to the not accept a document for filing without and consideration of requests for Commission under section 3(c) of the a certificate of service. temporary duty suspensions and Act, and any other information that it considers appropriate. Authority: These investigations are being reductions. Section 3(b)(1) of the Act conducted under authority of title VII of the requires the Commission to initiate the By order of the Commission. Tariff Act of 1930; this notice is published process by publishing a notice Issued: March 17, 2020. pursuant to section 207.21 of the requesting members of the public who Lisa Barton, Commission’s rules. can demonstrate that they are likely Secretary to the Commission. beneficiaries of duty suspensions or By order of the Commission. [FR Doc. 2020–05906 Filed 3–19–20; 8:45 am] reductions to submit petitions and Issued: March 16, 2020. BILLING CODE 7020–02–P Lisa Barton, Commission disclosure forms to the Commission. The Commission Secretary to the Commission. published this notice in the Federal [FR Doc. 2020–05847 Filed 3–19–20; 8:45 am] INTERNATIONAL TRADE Register on October 11, 2019 (84 FR COMMISSION BILLING CODE 7020–02–P 54924). Consistent with Section 3(b)(1) of the Act, the notice required that [Investigation Nos. 701–TA–616–617 and petitions be submitted by the close of 731–TA–1432–1434 (Final)] INTERNATIONAL TRADE business on December 10, 2019. COMMISSION Fabricated Structural Steel From Under Section 3(b)(3)(A) of the Act, Canada, China, and Mexico Petitions for Duty Suspensions and within 30 days of the expiration of the Reductions: Notice That Comments period for filing petitions, the Determinations Commission must publish on its website Received on Previously Filed Petitions On the basis of the record 1 developed the petitions received that contain the Are Available for Viewing on the in the subject investigations, the United information required by the Act. Under Commission’s Website States International Trade Commission section 3(b)(3)(B) of the Act, the (‘‘Commission’’) determines, pursuant AGENCY: United States International Commission must also publish a notice to the Tariff Act of 1930 (‘‘the Act’’), Trade Commission. in the Federal Register requesting that an industry in the United States is members of the public to submit ACTION: Notice that the Commission has not materially injured or threatened comments to the Commission on the published on its website comments with material injury by reason of petitions published on the received from the public on previously imports of fabricated structural steel Commission’s website. On January 10, submitted petitions for duty from Canada, China, and Mexico, 2020, the Commission both published suspensions and reductions. provided for in subheadings 7308.90.95, the petitions received on its website and 7308.90.30, and 7308.90.60 of the SUMMARY: published the required notice in the As required by the American Harmonized Tariff Schedule of the Federal Register (85 FR 1327) Manufacturing Competitiveness Act of United States, that have been found by 2016, the Commission is publishing requesting members of the public to notice that comments received from the submit comments on those petitions no 1 The record is defined in sec. 207.2(f) of the public on previously submitted later than the close of business on Commission’s Rules of Practice and Procedure (19 petitions for duty suspensions and February 24, 2020. CFR 207.2(f)).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16130 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
the U.S. Department of Commerce (March 2020), entitled Fabricated contacting the Commission’s TDD (‘‘Commerce’’) to be sold in the United Structural Steel from Canada, China, terminal on (202) 205–1810. Persons States at less than fair value (‘‘LTFV’’), and Mexico: Investigation Nos. 701–TA– with mobility impairments who will and to be subsidized by the 616–617 and 731–TA–1432–1434 need special assistance in gaining access governments of China and Mexico.2 (Final). to the Commission should contact the Background By order of the Commission. Office of the Secretary at (202) 205– Issued: March 16, 2020. 2000. General information concerning The Commission instituted these the Commission may also be obtained Lisa Barton, investigations effective February 4, by accessing its internet server at 2019, following receipt of petitions filed Secretary to the Commission. https://www.usitc.gov. The public with the Commission and Commerce. [FR Doc. 2020–05845 Filed 3–19–20; 8:45 am] record for this investigation may be The petitioner in these investigations is BILLING CODE 7020–20–P viewed on the Commission’s electronic the American Institute of Steel docket (EDIS) at https://edis.usitc.gov. Construction, LLC Full Member FOR FURTHER INFORMATION CONTACT: Subgroup, Chicago, Illinois. The final INTERNATIONAL TRADE Pathenia M. Proctor, Office of Unfair phase of the investigations was COMMISSION Import Investigations, U.S. International scheduled by the Commission following [Investigation No. 337–TA–1193] Trade Commission, telephone (202) notification of preliminary 205–2559. determinations by Commerce that Certain Capacitive Touch-Controlled SUPPLEMENTARY INFORMATION: imports of fabricated structural steel Mobile Devices, Computers, and Authority: The authority for from China and Mexico were subsidized Components Thereof; Institution of institution of this investigation is within the meaning of section 703(b) of Investigation the Act (19 U.S.C. 1671b(b)) and sold at contained in section 337 of the Tariff LTFV within the meaning of 733(b) of AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. the Act (19 U.S.C. 1673b(b)).3 Notice of Commission. 1337, and in section 210.10 of the the scheduling of the final phase of the ACTION: Notice. Commission’s Rules of Practice and Commission’s investigations and of a Procedure, 19 CFR 210.10 (2019). public hearing to be held in connection SUMMARY: Notice is hereby given that a Scope of investigation: Having therewith was given by posting copies complaint was filed with the U.S. considered the complaint, the U.S. of the notice in the Office of the International Trade Commission on International Trade Commission, on Secretary, U.S. International Trade February 14, 2020, under section 337 of March 16, 2020, Ordered that— Commission, Washington, DC, and by the Tariff Act of 1930, as amended, on (1) Pursuant to subsection (b) of publishing the notice in the Federal behalf of Neodron Ltd. of Ireland. section 337 of the Tariff Act of 1930, as Register on September 23, 2019 (84 FR Letters supplementing the complaint amended, an investigation be instituted 49765). The hearing was held in were filed on February 19 and 21 and to determine whether there is a Washington, DC, on January 28, 2020, March 2, 2020. The complaint alleges violation of subsection (a)(1)(B) of and all persons who requested the violations of section 337 based upon the section 337 in the importation into the opportunity were permitted to appear in importation into the United States, the United States, the sale for importation, person or by counsel. On January 30, sale for importation, and the sale within or the sale within the United States after 2020, Commerce gave notice in the the United States after importation of importation of certain products Federal Register of affirmative final certain capacitive touch-controlled identified in paragraph (2) by reason of determinations of sales at LTFV in its mobile devices, computers, and infringement of one or more of claims investigations regarding Canada, China, components thereof by reason of 25–40 of the ’425 patent; claims 1–12 of and Mexico, affirmative final infringement of certain claims of U.S. the ’092 patent; claims 1–9 and 16–20 determinations in its countervailing Patent No. 7,821,425 (‘‘the ’425 patent’’); of the ’251 patent; and claims 1–6 and duty investigations regarding China and U.S. Patent No. 7,903,092 (‘‘the ’092 13–23 of the ’472 patent; and whether Mexico, and a negative final patent’’); U.S. Patent No. 8,749,251 (‘‘the an industry in the United States exists determination in its countervailing duty ’251 patent’’); and U.S. Patent No. as required by subsection (a)(2) of investigation concerning Canada. 9,411,472 (‘‘the ’472 patent’’). The section 337; Accordingly, the Commission complaint further alleges that an (2) Pursuant to section 210.10(b)(1) of terminated its countervailing duty industry in the United States exists as the Commission’s Rules of Practice and investigation concerning fabricated required by the applicable Federal Procedure, 19 CFR 210.10(b)(1), the structural steel from Canada (85 FR Statute. plain language description of the 8321). The complainant requests that the accused products or category of accused The Commission made these Commission institute an investigation products, which defines the scope of the determinations pursuant to sections and, after the investigation, issue a investigation, is ‘‘touch-controlled 705(b) and 735(b) of the Act (19 U.S.C. limited exclusion order and cease and smartphones, touch-controlled tablet 1671d(b) and 19 U.S.C. 1673d(b)). It desist orders. devices, touch-controlled notebook completed and filed its determinations ADDRESSES: The complaint, except for computers, touch-controlled laptop in these investigations on March 16, any confidential information contained computers, and components thereof’’; 2020. The views of the Commission are therein, is available for inspection (3) Pursuant to Commission Rule contained in USITC Publication 5031 during official business hours (8:45 a.m. 210.50(b)(1), 19 CFR 210.50(b)(1), the to 5:15 p.m.) in the Office of the presiding administrative law judge shall 2 Commissioners Rhonda K. Schmidtlein and Secretary, U.S. International Trade take evidence or other information and Amy A. Karpel dissenting. Commission, 500 E Street SW, Room hear arguments from the parties or other 3 Commerce made negative preliminary 112, Washington, DC 20436, telephone interested persons with respect to the determinations with respect to imports of fabricated structural steel from Canada which were alleged to (202) 205–2000. Hearing impaired public interest in this investigation, as be sold at LTFV (84 FR 47481) and subsidized by individuals are advised that information appropriate, and provide the the government of Canada (84 FR 33232). on this matter can be obtained by Commission with findings of fact and a
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16131
recommended determination on this complaint and the notice of pursuant to Section 6(a) of the Act. The issue, which shall be limited to the investigation will not be granted unless Department of Justice published a notice statutory public interest factors set forth good cause therefor is shown. in the Federal Register pursuant to in 19 USC 1337(d)(1), (f)(1), (g)(1); Failure of a respondent to file a timely Section 6(b) of the Act on September 28, (4) For the purpose of the response to each allegation in the 2015 (80 FR 58297). investigation so instituted, the following complaint and in this notice may be The last notification was filed with are hereby named as parties upon which deemed to constitute a waiver of the this notice of investigation shall be right to appear and contest the the Department on September 19, 2019. served: allegations of the complaint and this A notice was published in the Federal (a) The complainant is: notice, and to authorize the Register pursuant to Section 6(b) of the Neodron Ltd., Unit 4–5, Burton Hall administrative law judge and the Act on October 17, 2019 (84 FR 55586). Road, Sandyford, Dublin 18, D18A094, Commission, without further notice to Suzanne Morris, Ireland. the respondent, to find the facts to be as (b) The respondents are the following alleged in the complaint and this notice Chief, Premerger and Division Statistics Unit, entities alleged to be in violation of and to enter an initial determination Antitrust Division. section 337, and is/are the parties upon and a final determination containing [FR Doc. 2020–05778 Filed 3–19–20; 8:45 am] which the complaint is to be served: such findings, and may result in the BILLING CODE 4410–11–P Amazon.com, Inc., 410 Terry Avenue issuance of an exclusion order or a cease North, Seattle, WA 98109. and desist order or both directed against Apple Inc., One Apple Park Way, the respondent. DEPARTMENT OF JUSTICE Cupertino, CA 95014. By order of the Commission. Antitrust Division ASUSTeK Computer Inc., No. 15, Li- Issued: March 16, 2020. Te Road, Beitou District, Taipei 112, Lisa Barton, Taiwan. Notice Pursuant to the National ASUS Computer International, 48720 Secretary to the Commission. Cooperative Research and Production Kato Road, Fremont, CA 94538. [FR Doc. 2020–05841 Filed 3–19–20; 8:45 am] Act of 1993—Open Source Imaging LG Electronics Inc., LG Twin Tower BILLING CODE 7020–02–P Consortium, Inc. 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, Republic of Korea 07336. Notice is hereby given that, on March LG Electronics USA, Inc., 1000 Sylvan DEPARTMENT OF JUSTICE 3, 2020, pursuant to Section 6(a) of the Avenue, Englewood Cliffs, NJ 07632. National Cooperative Research and Microsoft Corporation, One Microsoft Antitrust Division Production Act of 1993, 15 U.S.C. 4301 Way, Redmond, WA 98052. et seq. (‘‘the Act’’), Open Source Notice Pursuant to the National Motorola Mobility LLC, 222 W Imaging Consortium, Inc. (‘‘Open Cooperative Research and Production Merchandise Mart Plaza, Suite 1800, Act of 1993—OpenJS Foundation Source Imaging Consortium’’) has filed Chicago, IL 60654. written notifications simultaneously Samsung Electronics Co., Ltd., 129 Notice is hereby given that, on March with the Attorney General and the Samsung-Ro, Maetan-3dong, Yeongtong- 4, 2020, pursuant to Section 6(a) of the Federal Trade Commission disclosing gu, Suwon, 443–742, South Korea. National Cooperative Research and changes in its membership. The Samsung Electronics America, Inc., 85 Production Act of 1993, 15 U.S.C. 4301 notifications were filed for the purpose Challenger Road, Ridgefield Park, NJ et seq. (‘‘the Act’’), OpenJS Foundation of extending the Act’s provisions 07660. has filed written notifications limiting the recovery of antitrust Sony Corporation, 1–7–1 Konan simultaneously with the Attorney plaintiffs to actual damages under Minato-ku, Tokyo, 108–0075, Japan. General and the Federal Trade specified circumstances. Specifically, Sony Mobile Communications Inc., 4– Commission disclosing changes in its Galapagos NV, Mechelen, BELGIUM, 12–3 Higashi-Shinagawa, Shinagawa-ku, membership. The notifications were has been added as a party to this Tokyo, 140–0002, Japan. filed for the purpose of extending the (c) The Office of Unfair Import Act’s provisions limiting the recovery of venture. Investigations, U.S. International Trade antitrust plaintiffs to actual damages No other changes have been made in Commission, 500 E Street SW, Suite under specified circumstances. either the membership or planned 401, Washington, DC 20436; and Specifically, Netflix, San Francisco, CA; activity of the group research project. (5) For the investigation so instituted, and SkyScanner, San Francisco, CA, Membership in this group research the Chief Administrative Law Judge, have been added as parties to this project remains open and Open Source U.S. International Trade Commission, venture. Imaging Consortium intends to file shall designate the presiding Also, PayPal, San Jose, CA; Intel, additional written notifications Administrative Law Judge. Santa Clara, CA; Datreeio Ltd., Tel Aviv, disclosing all changes in membership. Responses to the complaint and the ISRAEL; and SourceGraph, San notice of investigation must be Francisco, CA, have withdrawn as On March 20, 2019, Open Source submitted by the named respondents in parties to this venture. Imaging Consortium filed its original accordance with section 210.13 of the No other changes have been made in notification pursuant to Section 6(a) of Commission’s Rules of Practice and either the membership or planned the Act. The Department of Justice Procedure, 19 CFR 210.13. Pursuant to activity of the group research project. published a notice in the Federal 19 CFR 201.16(e) and 210.13(a), such Membership in this group research Register pursuant to Section 6(b) of the responses will be considered by the project remains open and OpenJS Act on April 12, 2019 (84 FR 14973). Commission if received not later than 20 Foundation intends to file additional The last notification was filed with days after the date of service by the written notifications disclosing all the Department on January 14, 2020. A Commission of the complaint and the changes in membership. notice was published in the Federal notice of investigation. Extensions of On August 17, 2015, OpenJS time for submitting responses to the Foundation filed its original notification
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16132 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE National Cooperative Research and Act on February 4, 2020 (85 FR 6222). Production Act of 1993, 15 U.S.C. 4301 Antitrust Division et seq. (‘‘the Act’’), Southwest Research Suzanne Morris, Institute—Cooperative Research Group Chief, Premerger and Division Statistics Unit, Notice Pursuant to the National on HEDGE IV (‘‘HEDGE IV’’) has filed Antitrust Division. Cooperative Research and Production written notifications simultaneously [FR Doc. 2020–05808 Filed 3–19–20; 8:45 am] Act of 1993—Cooperative Research with the Attorney General and the Group on Numerical Propulsion BILLING CODE 4410–11–P Federal Trade Commission disclosing System Simulation changes in its membership. The Notice is hereby given that, on March notifications were filed for the purpose DEPARTMENT OF JUSTICE 4, 2020, pursuant to Section 6(a) of the of extending the Act’s provisions National Cooperative Research and limiting the recovery of antitrust Antitrust Division Production Act of 1993, 15 U.S.C. 4301 plaintiffs to actual damages under et seq. (‘‘the Act’’), Southwest Research specified circumstances. Specifically, Notice Pursuant to the National Institute—Cooperative Research Group Borgwarner, Inc., Auburn Hills, MI; Cooperative Research and Production on Numerical Propulsion System Diamond Electric, Ann Arbor, MI; Act of 1993—CHEDE–8 Simulation (‘‘NPSS’’) has filed written Garrett Automotive Co., Plymouth, MI; notifications simultaneously with the and Woodward, Inc., Fort Collins, CO, Notice is hereby given that, on March Attorney General and the Federal Trade have withdrawn as parties to this 3, 2020, pursuant to Section 6(a) of the Commission disclosing changes in its venture. National Cooperative Research and membership. The notifications were No other changes have been made in Production Act of 1993, 15 U.S.C. 4301 filed for the purpose of extending the either the membership or planned et seq. (‘‘the Act’’), CHEDE–8 (‘‘CHEDE– Act’s provisions limiting the recovery of activity of the group research project. 8’’) has filed written notifications antitrust plaintiffs to actual damages Membership in this group research simultaneously with the Attorney under specified circumstances. project remains open and HEDGE IV General and the Federal Trade Specifically, MTU Aero Engines AG, intends to file additional written Commission disclosing changes in its Munich, GERMANY, has been added as notifications disclosing all changes in membership. The notifications were a party to this venture. membership. filed for the purpose of extending the Also, Teledyne Technologies Inc. On February 14, 2017, HEDGE IV, Act’s provisions limiting the recovery of d/b/a Teledyne Turbine Engines, filed its original notification pursuant to antitrust plaintiffs to actual damages Toledo, OH, has withdrawn as a party Section 6(a) of the Act. The Department of Justice published a notice in the under specified circumstances. to this venture. Federal Register pursuant to Section Specifically, Convergent Science, No other changes have been made in either the membership or planned 6(b) of the Act on March 27, 2017 (82 Madison, WI, and Tenneco, Plymouth, activity of the group research project. FR 15238). MI, have been added as parties to this Membership in this group research The last notification was filed with venture. project remains open and NPSS intends the Department on January 28, 2020. A No other changes have been made in to file additional written notifications notice was published in the Federal either the membership or planned disclosing all changes in membership or Register pursuant to section 6(b) of the activity of the group research project. planned activities. Act on February 27, 2020 (85 FR 11394). Membership in this group research On December 11, 2013, NPSS filed its Suzanne Morris, original notification pursuant to Section project remains open, and CHEDE–8 Chief, Premerger and Division Statistics Unit, intends to file additional written 6(a) of the Act. The Department of Antitrust Division. Justice published a notice in the Federal notifications disclosing all changes in [FR Doc. 2020–05779 Filed 3–19–20; 8:45 am] membership. Register pursuant to Section 6(b) of the Act on February 20, 2014 (79 FR 9767). BILLING CODE 4410–11–P On December 4, 2019, CHEDE–8 filed The last notification was filed with its original notification pursuant to the Department on November 08, 2019. DEPARTMENT OF JUSTICE Section 6(a) of the Act. The Department A notice was published in the Federal of Justice published a notice in the Register pursuant to Section 6(b) of the Antitrust Division Federal Register pursuant to Section Act on December 5, 2019 (84 FR 66695). 6(b) of the Act on December 30, 2019 Notice Pursuant to the National Suzanne Morris, (84 FR 71977). Cooperative Research and Production Chief, Premerger and Division Statistics Unit, Act of 1993—Cooperative Research The last notification was filed with Antitrust Division. the Department on February 6, 2020. A Group on ROS-Industrial Consortium- [FR Doc. 2020–05781 Filed 3–19–20; 8:45 am] Americas notice was published in the Federal BILLING CODE 4410–11–P Register pursuant to Section 6(b) of the Notice is hereby given that, on March Act on February 27, 2020 (85 FR 11394). 2, 2020, pursuant to Section 6(a) of the DEPARTMENT OF JUSTICE Suzanne Morris, National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 Chief, Premerger and Division Statistics Unit, Antitrust Division et seq. (‘‘the Act’’), Southwest Research Antitrust Division. Notice Pursuant to the National Institute—Cooperative Research Group [FR Doc. 2020–05792 Filed 3–19–20; 8:45 am] on ROS-Industrial Consortium-Americas BILLING CODE 4410–11–P Cooperative Research and Production Act of 1993—Cooperative Research (‘‘RIC-Americas’’) has filed written Group on Hedge IV notifications simultaneously with the Attorney General and the Federal Trade Notice is hereby given that, on March Commission disclosing changes in its 2, 2020, pursuant to Section 6(a) of the membership. The
VerDate Sep<11>2014 19:51 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16133
notifications were filed for the purpose Section 6(a) of the Act. The Department petition for the admission of H–2A or of extending the Act’s provisions of Justice published a notice in the H–2B nonimmigrant temporary workers limiting the recovery of antitrust Federal Register pursuant to Section in the United States unless the plaintiffs to actual damages under 6(b) of the Act on July 17, 2015 (80 FR petitioner has received from DOL an H– specified circumstances. Specifically, 42537). 2A or H–2B labor certification. See 8 Tormach, Inc., Waunakee, WI, has The last notification was filed with CFR 214.2(h)(5) and (h)(6). H–2A and withdrawn as a party to this venture. the Department on January 2, 2020. A H–2B labor certifications generally No other changes have been made in notice was published in the Federal provide that: (1) There are not sufficient either the membership or planned Register pursuant to Section 6(b) of the U.S. workers who are qualified and who activity of the group research project. Act on January 27, 2020(85 FR 4705). will be available to perform the labor or Membership in this group research services involved in the petition; and (2) Suzanne Morris, project remains open and RIC-Americas the employment of the foreign worker(s) intends to file additional written Chief, Premerger and Division Statistics Unit, in such labor or services will not Antitrust Division. notifications disclosing all changes in adversely affect the wages and working membership. [FR Doc. 2020–05780 Filed 3–19–20; 8:45 am] conditions of workers in the U.S. On April 30, 2014, RIC-Americas filed BILLING CODE 4410–11–P similarly employed. See 20 CFR 655.1(a) its original notification pursuant to and 655.100. Section 6(a) of the Act. The Department of Justice published a notice in the DEPARTMENT OF LABOR Allowable Meal Charge Federal Register pursuant to Section H–2A agricultural employers of Employment and Training 6(b) of the Act on June 9, 2014 (79 FR workers in occupations other than Administration 32999). herding or production of livestock on The last notification was filed with Labor Certification Process for the the range must offer and provide each the Department on February 6, 2020. A Temporary Employment of H–2A and worker three meals per day or provide notice was published in the Federal H–2B Foreign Workers in the United the workers free and convenient cooking Register pursuant to Section 6(b) of the 1 States: Annual Update to Allowable facilities. See § 655.122(g). Where the Act on February 27, 2020 (85 FR 11393). Charges for Agricultural Workers’ employer provides the meals, the job Suzanne Morris, Meals and for Travel Subsistence offer must state the charge, if any, to the Chief, Premerger and Division Statistics Unit, Reimbursement, Including Lodging worker for such meals. Id. The amount Antitrust Division. of meal charges is governed by [FR Doc. 2020–05791 Filed 3–19–20; 8:45 am] ACTION: Notice. § 655.173. BILLING CODE 4410–11–P By regulation, DOL has established SUMMARY: The U.S. Department of the methodology for determining the Labor’s (DOL) Employment and maximum amount that H–2A Training Administration (ETA) is DEPARTMENT OF JUSTICE agricultural employers may charge issuing this annual notice to announce workers for providing them with three Antitrust Division the updated allowable charges meals per day. See § 655.173(a). This employers of H–2A workers, in methodology allows for annual Notice Pursuant to the National occupations other than herding or adjustments of the previous year’s Cooperative Research and Production production of livestock on the range, maximum allowable charge based on Act of 1993—UHD Alliance, Inc. may charge these workers when the the updated Consumer Price Index for employer provides three meals per day. All Urban Consumers for Food (CPI–U Notice is hereby given that, on March This notice also announces the 10, 2020, pursuant to Section 6(a) of the for Food), not seasonally adjusted. Id. maximum travel subsistence meal The maximum amount employers may National Cooperative Research and reimbursement a worker with receipts Production Act of 1993, 15 U.S.C. 4301 charge workers for providing meals is may claim, under the H–2A and H–2B adjusted annually by the 12-month et seq. (‘‘the Act’’), UHD Alliance, Inc. programs. In addition, this notice (‘‘UHD Alliance’’) filed written percentage change in the CPI–U for includes a reminder regarding Food for the prior year (i.e., between notifications simultaneously with the employers’ obligations with respect to Attorney General and the Federal Trade December of the year just concluded overnight lodging costs as part of and December of the prior year). Id. The Commission disclosing changes in its required subsistence. membership. The notifications were Office of Foreign Labor Certification APPLICABLE: This notice is effective on filed for the purpose of extending the (OFLC) Certifying Officer may also March 20, 2020. Act’s provisions limiting the recovery of permit an employer to charge workers a antitrust plaintiffs to actual damages FOR FURTHER INFORMATION CONTACT: higher amount for providing them with under specified circumstances. Brian Pasternak, Acting Administrator, three meals a day if the higher amount Specifically, Kaleidescape, Inc., Office of Foreign Labor Certification, is justified and sufficiently documented Mountain View, CA have been added as Employment and Training by the employer, as set forth in a party to this venture. Administration, U.S. Department of § 655.173(b). No other changes have been made in Labor, by telephone 202–513–7350 (this The percentage change in the CPI–U either the membership or planned is not a toll-free number) or, for for Food between December 2018 and activity of the group research project. individuals with hearing or speech December 2019 was 1.8 percent.2 Thus, Membership in this group research impairments, TTY 1–877–889–5627 project remains open and UHD Alliance (this is not a toll-free number), or by 1 H–2A employers must provide workers engaged intends to file additional written email at [email protected]. in herding or the production of livestock on the notifications disclosing all changes in SUPPLEMENTARY INFORMATION: The U.S. range meals or food to prepare meals without charge or deposit charge. See 20 CFR 655.210(e). membership. Citizenship and Immigration Services of 2 Consumer Price Index—December 2019, On June 17, 2015, UHD Alliance filed the U.S. Department of Homeland published January 14, 2020 at https://www.bls.gov/ its original notification pursuant to Security will not approve an employer’s news.release/cpi.nr0.htm.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16134 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
the annual update to the H–2A employer would charge for providing worksite. See §§ 655.122(h)(1)–(2) and allowable meal charge is calculated by the worker with three meals per day 655.20(j)(1)(i)–(ii). multiplying the current allowable meal during employment (if applicable). For further information on when the charge ($12.46) by the 12-month Under no circumstances may the employer is responsible for lodging percentage change in the CPI–U for employer reimburse workers less than costs, please see DOL’s H–2A Food between December 2018 and the amount permitted under Frequently Asked Questions on Travel December 2019 ($12.46 × 1.018 = § 655.173(a) (i.e., the current year’s daily and Daily Subsistence, on OFLC’s $12.68). Accordingly, the updated meal charge amount of $12.68). The website at https:// maximum allowable charge under maximum amount an employer is www.foreignlaborcert.doleta.gov/. §§ 655.122(g) and 655.173 is $12.68 per required to reimburse workers for daily Signed: day, and an employer is not permitted travel-related subsistence, as evidenced John Pallasch, to charge a worker more than $12.68 per with receipts, is equal to the standard Assistant Secretary for Employment and day unless the OFLC Certifying Officer Continental United States (CONUS) per Training. approves a higher charge, as authorized diem rate, as established by the General [FR Doc. 2020–05775 Filed 3–19–20; 8:45 am] 3 under § 655.173(b). Services Administration (GSA) at 41 BILLING CODE 4510–FP–P Reimbursement for Travel-Related CFR part 301, formerly published in Subsistence Appendix A and now found at https:// www.gsa.gov/travel/plan-book/per- DEPARTMENT OF LABOR H–2B and H–2A employers must pay diem-rates. See Annual Update to reasonable travel and subsistence costs, Allowable Charges for Agricultural Office of Workers’ Compensation including the costs of meals and Workers’ Meals and for Travel Programs lodging, incurred by workers during Subsistence Reimbursement, Including Advisory Board on Toxic Substances travel to the worksite from the place Lodging, 84 FR 10838 (Mar. 22, 2019) and Worker Health; Meeting from which the worker has come to (2019 Update). The standard CONUS work for the employer and from the meals and incidental expenses rate is AGENCY: Office of Workers’ place of employment to the place from $55.00 per day for 2020.4 Workers who Compensation Programs, Labor. which the worker departed to work for qualify for travel reimbursement are ACTION: Notice; meeting. the employer, as well as any such costs entitled to reimbursement for meals up incurred by the worker incident to to the standard CONUS meals and SUMMARY: Announcement of meeting of obtaining a visa authorizing entry to the incidental expenses rate when they the Advisory Board on Toxic Substances United States for the purpose of H–2A provide receipts. In determining the and Worker Health (Advisory Board) for or H–2B employment. See appropriate amount of reimbursement the Energy Employees Occupational §§ 655.122(h)(1)–(2) and 655.20(j)(1)(i)– for meals for less than a full day, the Illness Compensation Program Act (ii). (EEOICPA). Specifically, an H–2A employer is employer may limit the meal expense DATES: responsible for providing, paying in reimbursement, with receipts, to 75 The Advisory Board will meet advance, or reimbursing a worker for the percent of the maximum reimbursement April 15–16, 2020, via teleconference, reasonable costs of daily travel-related for meals, or $41.25, based on the GSA from 11:00 a.m. to 5:00 p.m. Eastern subsistence between the employer’s per diem schedule. See, 2019 Update, time both days. worksite and the place from which the 84 FR at 40413. If a worker does not ADDRESSES: Submission of comments, worker has come to work for the provide receipts, the employer is not requests to speak, and materials for the employer, if the worker completes 50 obligated to reimburse above the record: You must submit comments, percent of the work contract period, the minimum stated at § 655.173, as materials, and requests to speak at the employer must provide (or pay at the specified above. Advisory Board meeting by April 8, time of departure) the worker’s return If transportation and lodging are not 2020, identified by the Advisory Board costs, upon the worker completing the provided by the employer, the amount name and the meeting date of April 15– contract or being dismissed without an employer must pay for transportation 16, 2020, by any of the following methods: cause. See § 655.122(h)(1)–(2). and, where required, lodging must be no • Similarly, an H–2B employer is less than (and is not required to be more Electronically: Send to: responsible for providing, paying in than) the most economical and [email protected] (specify advance, or reimbursing a worker for the reasonable costs. The employer is in the email subject line, for example reasonable costs of transportation and responsible for those costs necessary for ‘‘Request to Speak: Advisory Board on Toxic Substances and Worker Health’’). daily subsistence between the the worker to travel to the worksite if • Mail, express delivery, hand employer’s worksite and the place from the worker completes 50 percent of the delivery, messenger, or courier service: which the worker has come to work for work contract period but is not the employer if the worker completes 50 Submit one copy to the following responsible for unauthorized detours. address: U.S. Department of Labor, percent of the job order period and upon The employer also is responsible for the the worker completing the job order Office of Workers’ Compensation costs of return transportation and Programs, Advisory Board on Toxic period or being dismissed early (for any subsistence, including lodging costs reason), return costs. See Substances and Worker Health, Room where necessary, as described above. S–3522, 200 Constitution Ave. NW, § 655.20(j)(1)(i)–(ii). These requirements apply equally to The minimum amount of daily travel Washington, DC 20210. instances where the worker is traveling Instructions: Your submissions must subsistence expense for meals for which within the U.S. to the employer’s a worker is entitled to reimbursement include the Agency name (OWCP), the must be at least as much as the committee name (the Advisory Board), 4 Maximum Per Diem Reimbursement Rates for and the meeting date (April 15–16, the Continental United States (CONUS), 84 FR 3 In 2019, the maximum allowable charge under 40413 (August 14, 2019); see also https:// 2020). Due to security-related 20 CFR 655.122(g) and 655.173 was $12.46 per day. www.gsa.gov/travel/plan-book/per-diem-rates/mie- procedures, receipt of submissions by 84 FR 10838 (Mar. 22, 2019). breakdown. regular mail may experience significant
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16135
delays. For additional information about other matters as the Secretary considers PowerPoint presentations and other submissions, see the SUPPLEMENTARY appropriate. The Advisory Board electronic materials must be compatible INFORMATION section of this notice. sunsets on December 19, 2024. with PowerPoint 2010 and other OWCP will make available publicly, The Advisory Board operates in Microsoft Office 2010 formats. The without change, any comments, requests accordance with the Federal Advisory Advisory Board Chair may grant to speak, and speaker presentations, Committee Act (FACA) (5 U.S.C. App. requests to address the Board as time including any personal information that 2) and its implementing regulations (41 and circumstances permit. you provide. Therefore, OWCP cautions CFR part 102–3). Electronic copies of this Federal interested parties against submitting Agenda: The tentative agenda for the Register notice are available at http:// personal information such as Social Advisory Board meeting includes: www.regulations.gov. This notice, as Security numbers and birthdates. • Review and follow-up on Advisory well as news releases and other relevant FOR FURTHER INFORMATION CONTACT: For Board’s previous recommendations, information, are also available on the press inquiries: Ms. Laura McGinnis, data requests, and action items; Advisory Board’s web page at http:// • Office of Public Affairs, U.S. Discussions from Advisory Board www.dol.gov/owcp/energy/regs/ Department of Labor, Room S–1028, 200 working groups; compliance/AdvisoryBoard.htm. • Review of claims; For further information regarding this Constitution Ave. NW, Washington, DC • Review of public comments; meeting, you may contact Michael 20210; telephone (202) 693–4672; email • [email protected]. Review of Board tasks, structure Chance, Designated Federal Officer, at and work agenda; [email protected], or Carrie SUPPLEMENTARY INFORMATION: The • Consideration of any new issues; Advisory Board will meet via Rhoads, Alternate Designated Federal and Officer, at [email protected], U.S. teleconference: Wednesday, April 15, • Public comments. 2020, from 11:00 a.m. to 5:00 p.m. Department of Labor, 200 Constitution OWCP transcribes and prepares Avenue NW, Suite S–3524, Washington, Eastern time; and Thursday, April 16, detailed minutes of Advisory Board 2020, from 11:00 a.m. to 5:00 p.m. DC 20210, telephone (202) 343–5580. meetings. OWCP posts the transcripts This is not a toll-free number. Eastern time. The teleconference and minutes on the Advisory Board web number and other details for page, http://www.dol.gov/owcp/energy/ Signed at Washington, DC. participating remotely will be posted on regs/compliance/AdvisoryBoard.htm, Julia K. Hearthway, the Advisory Board’s website, http:// along with written comments, speaker Director, Office of Workers’ Compensation www.dol.gov/owcp/energy/regs/ presentations, and other materials Programs. compliance/AdvisoryBoard.htm, 72 submitted to the Advisory Board or [FR Doc. 2020–05943 Filed 3–19–20; 8:45 am] hours prior to the commencement of the presented at Advisory Board meetings. BILLING CODE 4510–24–P first meeting date. Advisory Board meetings are open to the public. Public Participation, Submissions and Public comment session: Wednesday, Access to Public Record NATIONAL ARCHIVES AND RECORDS April 15, 2020, from 3:30 p.m. to 5:00 Advisory Board meetings: All ADMINISTRATION p.m. Eastern time. Please note that the Advisory Board meetings are open to public comment session ends at the the public. Information on how to [NARA–2020–027] time indicated or following the last call participate in the meeting remotely will for comments, whichever is earlier. be posted on the Advisory Board’s Agency Information Collection Members of the public who wish to website. Activities: Proposed Collection; provide public comments should plan Submission of comments: You may Comment Request to call in to the public comment session submit comments using one of the AGENCY: National Archives and Records at the start time listed. methods listed in the SUMMARY section. Administration (NARA). The Advisory Board is mandated by Your submission must include the ACTION: Notice. Section 3687 of EEOICPA. The Secretary Agency name (OWCP) and date for this of Labor established the Board under Advisory Board meeting (April 15–16, SUMMARY: We are planning to request this authority and Executive Order 2020). OWCP will post your comments that the Office of Management and 13699 (June 26, 2015). The purpose of on the Advisory Board website and Budget (OMB) renew its approval for us the Advisory Board is to advise the provide your submissions to Advisory to engage in the following information Secretary with respect to: (1) The Site Board members. collection consisting of National Exposure Matrices (SEM) of the Because of security-related Archives Trust Fund (NATF) order Department of Labor; (2) medical procedures, receipt of submissions by forms for genealogical research in the guidance for claims examiners for regular mail may experience significant National Archives. The NATF forms claims with the EEOICPA program, with delays. included in this information collection respect to the weighing of the medical Requests to speak and speaker are: NATF 84, National Archives Order evidence of claimants; (3) evidentiary presentations: If you want to address the for Copies of Land Entry Files; NATF requirements for claims under Part B of Advisory Board at the meeting you must 85, National Archives Order for Copies EEOICPA related to lung disease; (4) the submit a request to speak, as well as any of Pension or Bounty Land Warrant work of industrial hygienists and staff written or electronic presentation, by Applications; and NATF 86, National physicians and consulting physicians of April 8, 2020, using one of the methods Archives Order for Copies of Military the Department of Labor and reports of listed in the SUMMARY section. Your Service Records. We invite you to such hygienists and physicians to request may include: comment on the proposed information • ensure quality, objectivity, and The amount of time requested to collection. consistency; (5) the claims adjudication speak; process generally, including review of • The interest you represent (e.g., DATES: We must receive comments in procedure manual changes prior to business, organization, affiliation), if writing on or before May 19, 2020. incorporation into the manual and any; and ADDRESSES: Comments should be sent claims for medical benefits; and (6) such • A brief outline of the presentation. by email to [email protected],
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16136 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
by mail to Paperwork Reduction Act mailing of the copies. They may use for each document referenced (if it is Comments (MP), Room 4100; National paper or electronic versions of the available in ADAMS) is provided the Archives and Records Administration, forms, or may fill them out and order first time that it is mentioned in this 8601 Adelphi Rd., College Park, MD online through our Order Online! document. 20740–6001, or by fax to 301.837.0319. service at http://www.archives.gov/ • NRC’s PDR: You may examine and FOR FURTHER INFORMATION CONTACT: research_room/obtain_copies/military_ purchase copies of public documents at Contact Tamee Fechhelm by phone at and_genealogy_order_forms.html. the NRC’s PDR, Room O1–F21, One 301.837.1694 or by email at White Flint North, 11555 Rockville Swarnali Haldar, Pike, Rockville, Maryland 20852. [email protected] with requests Executive for Information Services/CIO. for additional information or copies of FOR FURTHER INFORMATION CONTACT: the proposed information collection and [FR Doc. 2020–05824 Filed 3–19–20; 8:45 am] Robert Fretz, Office of Enforcement, supporting statement. BILLING CODE 7515–01–P U.S. Nuclear Regulatory Commission, SUPPLEMENTARY INFORMATION: Pursuant Washington, DC 20555–0001; telephone: to the Paperwork Reduction Act of 1995 301–287–9235, email: Robert.Fretz@ (Pub. L. 104–13), we invite the public NUCLEAR REGULATORY nrc.gov. COMMISSION and other Federal agencies to comment SUPPLEMENTARY INFORMATION: The text of on proposed information collections. [Docket No. 55–70188; NRC–2020–0075] the Order is attached. The comments and suggestions should Dated at Rockville, Maryland, this 17th day address one or more of the following In the Matter of Dr. Melinda of March 2020. Krahenbuhl, Reed Research Reactor, points: (a) Whether the proposed For the Nuclear Regulatory Commission. information collections are necessary for Portland, Oregon George A. Wilson, us to properly performance our AGENCY: Nuclear Regulatory Director, Office of Enforcement. functions; (b) the accuracy of our Commission. estimate of the burden of the proposed Attachment—Order Suspending NRC information collections; (c) ways to ACTION: Order; issuance. License and Prohibiting Involvement In enhance the quality, utility, and clarity NRC-Licensed Activities SUMMARY: The U.S. Nuclear Regulatory of the information to be collected; (d) Commission (NRC) is issuing an Order United States of America Nuclear ways to minimize the burden of the to Dr. Melinda Krahenbuhl to suspend Regulatory Commission information collection on respondents, NRC License No. SOP–70678–1 issued including through information In the Matter of: Dr. Melinda to Dr. Krahenbuhl pursuant to NRC Krahenbuhl, IA–19–035 technology; and (e) whether small regulations and prohibit Dr. businesses are affected by these Krahenbuhl’s involvement in NRC- Order Suspending NRC License and collections. The comments you submit licensed activities for a period of 3 Prohibiting Involvement In NRC- will be summarized and included in our years. The Order is effective on the date Licensed Activities request that OMB renew their approval of issuance. of this information collection. All I comments will become a matter of DATES: The Order was issued on March Dr. Melinda Krahenbuhl is employed public record. In this notice, we are 16, 2020. as the Director, Reed Research Reactor soliciting comments concerning the ADDRESSES: Please refer to Docket ID (RRR), which is located on the campus following information collection: NRC–2020–0075 when contacting the of Reed College in Portland, Oregon. Dr. Title: Order Forms for Genealogical NRC about the availability of Krahenbuhl holds U.S. Nuclear Research in the National Archives. information regarding this document. Regulatory Commission (NRC or OMB number: 3095–0027. You may obtain publicly-available Commission) License No. SOP–70678–1 Agency form numbers: NATF Forms information related to this document issued with an effective date of 84, 85, and 86. using any of the following methods: December 13, 2017, pursuant to Part 55 Type of review: Regular. • Federal Rulemaking Website: Go to of Title 10 of the Code of Federal Affected public: Individuals or https://www.regulations.gov and search Regulations (10 CFR). The RRR licensee, households. for Docket ID NRC–2020–0075. Address Reed College, holds Renewed Facility Estimated number of respondents: questions about NRC docket IDs in Operating License (FOL) No. R–112 7,139. Regulations.gov to Jennifer Borges; (Docket No. 50–00288) issued by the Estimated time per response: 10 telephone: 301–287–9127; email: NRC on April 24, 2012, pursuant to 10 minutes. [email protected]. For technical CFR parts 30, 50, and 70. The license Frequency of response: On occasion. questions, contact the individual(s) authorizes the operation of the RRR Estimated total annual burden hours: listed in the FOR FURTHER INFORMATION facility in accordance with the 1,190. CONTACT section of this document. conditions specified therein. Abstract: We need to obtain specific • NRC’s Agencywide Documents information from researchers who wish Access and Management System II to request copies of these records, in (ADAMS): You may obtain publicly- Two investigations were conducted order to search for the specific records available documents online in the by the NRC Office of Investigations (OI) they seek and to handle their order and ADAMS Public Documents collection at related to the operation of Reed payment for copies of the records. We https://www.nrc.gov/reading-rm/ College’s RRR facility. The purpose of use these standardized forms as the adams.html. To begin the search, select the investigations was to determine means of collecting the needed ‘‘Begin Web-based ADAMS Search.’’ For whether Dr. Krahenbuhl, as the RRR information so that we can handle the problems with ADAMS, please contact Director, willfully provided to the NRC volume of requests we receive for these the NRC’s Public Document Room (PDR) incomplete or inaccurate information records in a timely fashion. Researchers reference staff at 1–800–397–4209, 301– associated with an application of a provide credit card information to 415–4737, or by email to pdr.resource@ student (Student #1) for a 10 CFR part authorize billing or request expedited nrc.gov. The ADAMS accession number 55 reactor operator (RO) license, and
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16137
whether the RRR Director willfully OI’s investigation (4–2016–022) 55.23(b). Student #1 was permitted to provided incomplete or inaccurate documented that on March 10, 2015, a take the written and operational portion information regarding a second student physician contracted by Reed College of the RO examination in May 2015, in (Student #2) who applied for a 10 CFR conducted a medical examination of a part, because a pulmonary condition part 55 license (a senior reactor operator student at Reed College (Student #1) was the only medical issue known to license). One of the investigations also applying for an NRC RO license. The the NRC that could explain the ‘‘solo considered whether the RRR Director medical examination was conducted operation is not authorized’’ restriction willfully violated an RRR Renewed FOL pursuant to 10 CFR 55.21, ‘‘Medical identified on the student’s application Condition and other NRC requirements examination,’’ whereby the physician is when the RO license examination was regarding facility access control. The to determine whether the applicant for administered. The investigation further investigations were completed on March a license meets the requirements of 10 noted that the assigned NRC examiner 15, 2019 (OI Investigation 4–2016–022), CFR 55.33(a)(1). Section 55.33(a)(1) made multiple attempts to obtain the and September 26, 2019 (OI requires that the applicant’s medical required supporting medical Investigation 4–2017–023). condition and general health not documentation that would explain the Based on OI Investigation 4–2016– ‘‘adversely affect the performance of applicant’s ‘‘solo operation is not 022, the NRC determined that Dr. assigned operator job duties or cause authorized’’ designation; however, Dr. Melinda Krahenbuhl, as the RRR operational errors endangering public Krahenbuhl did not provide the Director, deliberately provided health and safety.’’ The physician requested documentation to the NRC incomplete and inaccurate information determined that the applicant needed to until June 11, 2015. It was at that time to the NRC regarding a student’s undergo a psychological evaluation the NRC first became aware of application, dated April 21, 2015, for a before determining whether the additional medical information and of RO license pursuant to 10 CFR part 55. applicant met the requirements of the physician’s determination that the Based on OI Investigation 4–2017–023, Section 55.33(a)(1) and was medically applicant needed further evaluation the NRC determined that Dr. qualified for the position of RO. The before being deemed medically Krahenbuhl deliberately provided physician also determined that, related qualified for the position of RO. Had the incomplete and inaccurate information to the applicant’s pulmonary condition, NRC received the supporting medical to the NRC regarding a different student the applicant was medically qualified evidence when Dr. Krahenbuhl on May 7, 2015; and engaged in from a physical and internal medicine submitted the NRC Form 396 for deliberate misconduct by deliberately standpoint with a ‘‘solo operation is not Student #1 in April 2015, Student #1 violating facility access control authorized’’ restriction. However, a would not have been permitted to take procedures that implement the RRR determination that Student #1 met the the RO examination without further physical security plan, causing the medical requirements for licensed NRC evaluation. licensee to violate Reed College operations still required further OI Investigation No. 4–2017–023 Renewed FOL R–112, Condition 2.C.(3). psychological evaluation. The physician documented that, on April 9, 2015, a That condition requires Reed College to provided three documents explaining second Reed College student (Student maintain and fully implement all his determinations to Dr. Krahenbuhl. #2) who was a licensed RO at the RRR provisions of the RRR physical security was involved in an incident that caused plan. Despite receiving the physician’s In a letter dated November 20, 2019, supporting documentation, Dr. the student to take a medical leave of Agencywide Documents Access and Krahenbuhl disregarded the physician’s absence from Reed College. Student #2 Management System (ADAMS) medical determination and, contrary to remained on the medical leave of Accession No. ML20044E056, the NRC 10 CFR 50.5(a)(2) and 55.23 absence from April 9, 2015, through notified Dr. Krahenbuhl of three requirements, signed and certified the January 2017. On April 10, 2015, Dr. apparent violations of 10 CFR 50.5, applicant’s NRC Form 396 on April 21, Krahenbuhl removed Student #2’s ‘‘Deliberate misconduct,’’ which the 2015, attesting that the applicant met unescorted access to the RRR and NRC was considering for escalated the medical requirements for licensed removed the student from the control enforcement action in accordance with operators at RRR with a ‘‘solo operation room access list (CRAL). the NRC Enforcement Policy. This rule is not authorized’’ restriction based on Shortly after the April 9, 2015, prohibits an employee of an NRC a pulmonary condition. In addition, she incident, Student #2 and Dr. licensee (i.e., Reed College) from certified that a physician determined Krahenbuhl had a conversation where engaging in deliberate misconduct that that the applicant’s physical condition they, in part, discussed the student’s causes the NRC licensee to be in and general health were such that the ability to take the upcoming senior violation of any rule, regulation, or applicant’s medical condition would reactor operator (SRO) licensing exam. order; or any term, condition, or not be expected to cause operational Student #2 testified that, during this limitation of any license issued by the errors endangering public health and conversation, the student disclosed Commission; it also prohibits a licensee safety. The applicant had not received certain medical information to Dr. employee from deliberately submitting the psychological evaluation that the Krahenbuhl. As the RRR Director, Dr. to the NRC information that the person physician stated was required prior to Krahenbuhl knew that this potentially knows to be incomplete or inaccurate in satisfying the medical requirements for disqualifying information would likely some material respect. In the letter, the an RO license. Dr. Krahenbuhl then cause the student not to meet certain NRC provided Dr. Krahenbuhl an submitted the NRC Form 396 containing requirements of the American National opportunity to address the apparent incomplete and inaccurate information Standards Institute (ANSI)/American violations in a predecisional to the NRC. Furthermore, the NRC Form Nuclear Society (ANS) standard. (Reed enforcement conference (PEC). On 396, which the NRC received on April College also incorporated ANSI/ANS January 10, 2020, the NRC held a PEC 28, 2015, did not include the 15.4–1988 (R1999), ‘‘Selection and at its NRC Headquarters office in appropriate supporting medical Training of Personnel for Research Rockville, Maryland, with Dr. evidence provided by the physician for Reactors,’’ in the technical Krahenbuhl and her attorney to discuss a ‘‘solo operation is not authorized’’ specifications (Section 6.1.4) of its the apparent violations. restriction, as required by 10 CFR license.)
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16138 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
On May 7, 2015, the day before did not intend to deliberately mislead protected if Dr. Krahenbuhl were Student #2’s SRO license exam at RRR, the NRC. The NRC reviewed the permitted at this time to be involved in Dr. Krahenbuhl met with an NRC information provided at the PEC with NRC-licensed activities. Therefore, (1) examiner. Dr. Krahenbuhl informed the the information from the investigations License No. SOP–70678–1 issued to Dr. NRC examiner that Student #2 was fit to and determined that Dr. Krahenbuhl’s Melinda Krahenbuhl pursuant to 10 take the exam. Although there were assertion that her actions were not CFR part 55 is hereby suspended for 3 several opportunities to do so, Dr. willful is not credible. A preponderance years; and (2) Dr. Krahenbuhl is further Krahenbuhl did not disclose to the NRC of the evidence in the record prohibited from any involvement in examiner the potentially disqualifying demonstrates that she, in fact, knew that NRC-licensed activities for a period of 3 information, that Student #2 was on the medical fitness information she years from the effective date of this medical leave at the time, and that Dr. provided to the NRC regarding Student Order. Additionally, Dr. Krahenbuhl is Krahenbuhl had removed the student’s #1 and Student #2 was not complete required to notify the NRC of her first unescorted access to the RRR. Because and accurate in all material respects. employment in NRC-licensed activities of Dr. Krahenbuhl’s actions as described Accordingly, the NRC has determined following the prohibition period. above, Student #2 was permitted to take that Dr. Krahenbuhl’s actions were a Furthermore, I find that the significance the SRO exam on May 8, 2015, which violation of 10 CFR 50.5, ‘‘Deliberate of Dr. Krahenbuhl’s willful misconduct Student #2 ultimately passed, and the misconduct.’’ The NRC considers Dr. described above is such that the public NRC issued an SRO license to the Krahenbuhl’s actions significant health, safety, and interest require that individual on July 30, 2015, based on because she deliberately misled the NRC this Order be effective on the date of incomplete and inaccurate information. regarding the qualifications of issuance. The NRC did not become aware of the applicants for an RO and an SRO incomplete and inaccurate information license. The misleading information and IV until February 2017, when Dr. information that was withheld was Accordingly, pursuant to sections Krahenbuhl submitted an NRC Form material to the NRC’s determination 104c, 161b, 161i, 182 and 186 of the 396 with updated medical information whether the applicants’ medical Atomic Energy Act of 1954, as amended, for Student #2 and indicated that it was conditions and general health would and the Commission’s regulations in 10 ‘‘for information only.’’ Had Dr. adversely affect the performance of CFR 2.202, 10 CFR 50.5, and 10 CFR Krahenbuhl provided the NRC with assigned operator job duties or cause 55.61, It is Hereby Ordered, Effective complete and accurate information operational errors endangering public Upon the Date of Issuance, That: about Student #2 before the SRO exam, health and safety. The NRC also 1. NRC License No. SOP–70678–1 the student would not have been considers deliberate violations of its issued to Dr. Melinda Krahenbuhl allowed to take the exam or continue to facility security and access control pursuant to 10 CFR part 55 is suspended hold an RO license without further NRC requirements significant because for 3 years; evaluation. persons granted unescorted access to the 2. Dr. Melinda Krahenbuhl is After Dr. Krahenbuhl removed control room and other vital areas of the prohibited for 3 years, from the effective Student #2’s unescorted access to the RRR facility must demonstrate a pattern RRR on April 10, 2015, when the of trustworthy and reliable behavior to date of this Order, from engaging in, student took a leave of absence, she gave provide the assurance that the facility is supervising, directing, or in any other Student #2 a key to the RRR facility on protected from potential radiological way conducting NRC-licensed activities May 8, 2015, to facilitate the risk from insider threats, and that their (with a limited exception as explained administration of the SRO license exam. actions will not adversely impact the more fully below). NRC-licensed By giving Student #2 the key, Dr. common defense and security or the activities are those activities that are Krahenbuhl provided Student #2 public health and safety. conducted pursuant to a specific or unescorted access to the facility, general license issued by the NRC, III including access to vital areas, contrary including, but not limited to, those to the licensee’s procedures that Based on the above, the NRC has activities of Agreement State licensees required Student #2 to be escorted in determined that Dr. Melinda conducted pursuant to the authority the vital areas because Student #2 was Krahenbuhl, as the Director of the RRR, granted by 10 CFR 150.20. In relation to not on the unescorted access lists for the provided incomplete and inaccurate NRC-licensed activities at the RRR RRR Control Room or Vital Area. These information to the NRC on multiple facility, for a period of 90 days after procedures implement requirements of occasions in violation of 10 CFR issuance of this order, Dr. Krahenbuhl is the RRR physical security plan. Reed 50.5(a)(2). Dr. Krahenbuhl also engaged permitted to respond to questions from College Renewed FOL R–112, License in deliberate misconduct in violation of the President of the College (i.e., Level Condition 2.C.(3), requires the licensee 10 CFR 50.5(a)(1) by deliberately 1 individual responsible for the reactor to maintain and fully implement all violating facility access control facility’s license), Dean of the Faculty, provisions of the physical security plan. procedures that implement the RRR or the Vice President & Treasurer of the Thus, Dr. Krahenbuhl’s deliberate physical security plan, causing the College, for the limited purpose of violation of the facility access control licensee to violate Renewed FOL R–112, facilitating the safe and orderly procedures that implement the RRR License Condition 2.C.(3). transition of RRR-related licensed physical security plan caused the Consequently, given the significance activities; licensee to violate License Condition of the underlying issues, Dr. 3. If Dr. Melinda Krahenbuhl is 2.C.(3). Krahenbuhl’s position within the Reed currently involved in NRC-licensed During the PEC, Dr. Krahenbuhl College organization, and the deliberate activities at any other NRC licensee, acknowledged (through her nature of her actions, the NRC lacks the contractor, vendor, or any other representative) that the information requisite reasonable assurance that Dr. organization, she must immediately regarding Student #1 and Student #2 Krahenbuhl can conduct licensed cease those activities and inform the that she provided to the NRC was not activities in compliance with the NRC of the name, address, and complete and accurate in all material Commission’s requirements and that the telephone number of the NRC licensee, respects; however, she stated that she health and safety of the public will be contractor, vendor, or any other
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16139
organization, and provide a copy of this 49139; August 28, 2007, as amended at that they wish to participate in the order to those entities; 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not 4. For a period of 1 year after the 3- Filing process requires participants to serve the document on those year period of prohibition has expired, submit and serve all adjudicatory participants separately. Therefore, Dr. Melinda Krahenbuhl shall, within documents over the internet, or in some applicants and other participants (or 20 days of acceptance of her first cases to mail copies on electronic their counsel or representative) must employment offer involving NRC- storage media. Detailed guidance on apply for and receive a digital ID licensed activities, as defined in making electronic submissions may be certificate before adjudicatory paragraph IV.2 above, provide notice to found in the Guidance for Electronic documents are filed so that they can the Director, Office of Enforcement, U.S. Submissions to the NRC and on the NRC obtain access to the documents via the Nuclear Regulatory Commission, website at https://www.nrc.gov/site- E-Filing system. Washington, DC 20555–0001, of the help/e-submittals.html. Participants A person filing electronically using name, address, and telephone number of may not submit paper copies of their the NRC’s adjudicatory E-Filing system the employer or the entity where she is, filings unless they seek an exemption in may seek assistance by contacting the or will be, involved in the NRC-licensed accordance with the procedures NRC’s Electronic Filing Help Desk activities. In the notification, Dr. described below. through the ‘‘Contact Us’’ link located Krahenbuhl shall include a statement of To comply with the procedural on the NRC’s public website at https:// her commitment to compliance with requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- regulatory requirements and the basis days prior to the filing deadline, the submittals.html, by email to why the Commission should have participant should contact the Office of [email protected], or by a toll- confidence that she will now comply the Secretary by email at free call at 1–866–672–7640. The NRC with applicable NRC requirements. [email protected], or by telephone Electronic Filing Help Desk is available The Director, Office of Enforcement, at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern may, in writing, relax or rescind any of identification (ID) certificate, which Time, Monday through Friday, the above conditions upon allows the participant (or its counsel or excluding government holidays. demonstration by Dr. Melinda representative) to digitally sign Participants who believe that they Krahenbuhl of good cause. submissions and access the E-Filing have a good cause for not submitting documents electronically must file an V system for any proceeding in which it is participating; and (2) advise the exemption request, in accordance with In accordance with 10 CFR 2.202, Dr. Secretary that the participant will be 10 CFR 2.302(g), with their initial paper Melinda Krahenbuhl must submit a submitting a petition or other filing stating why there is good cause for written answer to this Order under oath adjudicatory document (even in not filing electronically and requesting or affirmation within 30 days of its instances in which the participant, or its authorization to continue to submit issuance. Dr. Krahenbuhl’s failure to counsel or representative, already holds documents in paper format. Such filings respond to this Order could result in an NRC-issued digital ID certificate). must be submitted by: (1) First class additional enforcement action in Based upon this information, the mail addressed to the Office of the accordance with the Commission’s Secretary will establish an electronic Secretary of the Commission, U.S. Enforcement Policy. In addition, Dr. docket for the hearing in this proceeding Nuclear Regulatory Commission, Krahenbuhl and any other person if the Secretary has not already Washington, DC 20555–0001, Attention: adversely affected by this Order may established an electronic docket. Rulemaking and Adjudications Staff; or request a hearing on this Order within Information about applying for a (2) courier, express mail, or expedited 30 days of its issuance. If a person other digital ID certificate is available on the delivery service to the Office of the than Dr. Krahenbuhl requests a hearing, NRC’s public website at https:// Secretary, 11555 Rockville Pike, that person shall set forth with www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: particularity the manner in which his or getting-started.html. Once a participant Rulemaking and Adjudications Staff. her interest is adversely affected by this has obtained a digital ID certificate and Participants filing adjudicatory Order and shall address the criteria set a docket has been created, the documents in this manner are forth in 10 CFR 2.309(d) and (f). Where participant can then submit responsible for serving the document on good cause is shown, consideration will adjudicatory documents. Submissions all other participants. Filing is be given to extending the time to answer must be in Portable Document Format considered complete by first-class mail or request a hearing. A request for (PDF). Additional guidance on PDF as of the time of deposit in the mail, or extension of time must be directed to submissions is available on the NRC’s by courier, express mail, or expedited the Director, Office of Enforcement, U.S. public website at https://www.nrc.gov/ delivery service upon depositing the Nuclear Regulatory Commission, site-help/electronic-sub-ref-mat.html. A document with the provider of the Washington, DC 20555–001, and filing is considered complete at the time service. A presiding officer, having include a statement of good cause for the document is submitted through the granted an exemption request from the extension. NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission 2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16140 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
as described above, click ‘‘cancel’’ when a successful alternative dispute For the Nuclear Regulatory Commission. the link requests certificates and you resolution (ADR) mediation session held George A. Wilson, will be automatically directed to the on January 23, 2020. The CO confirms Director, Office of Enforcement. NRC’s electronic hearing dockets where commitments agreed to during the ADR you will be able to access any publicly mediation and, based on the completion Attachment—Confirmatory Order available documents in a particular of the actions described in the CO, the Modifying License hearing docket. Participants are NRC agrees to not pursue any further United States of America Nuclear requested not to include personal enforcement action for the apparent Regulatory Commission privacy information, such as social violations identified in the NRC’s In the Matter of Reed College, Reed security numbers, home addresses, or November 19, 2019, letter to Reed Research Reactor personal phone numbers in their filings, College, and will not issue a Notice of Docket No. 50–288 unless an NRC regulation or other law Violation or seek to impose civil License No. R–112 requires submission of such penalties in connection with the EA–19–071 information. For example, in some apparent violations. The Order is Confirmatory Order Modifying License instances, individuals provide home effective on the date of issuance. Effective Upon Issuance addresses in order to demonstrate DATES: The Order was issued on March proximity to a facility or site. With 16, 2020. I respect to copyrighted works, except for ADDRESSES: Please refer to Docket ID Reed College (hereafter, Reed or the limited excerpts that serve the purpose licensee) holds Renewed Facility of the adjudicatory filings and would NRC–2020–0060 when contacting the NRC about the availability of Operating License No. R–112 (Docket constitute a Fair Use application, No. 50–288) issued on April 24, 2012, participants are requested not to include information regarding this document. You may obtain publicly-available by the U.S. Nuclear Regulatory copyrighted materials in their Commission (NRC or Commission) submission. information related to this document using any of the following methods: pursuant to Parts 30, 50 and 70 of Title If a hearing is requested by Dr. 10 of the Code of Federal Regulations • Federal Rulemaking Website: Go to Melinda Krahenbuhl or a person whose (10 CFR). The license authorizes the https://www.regulations.gov and search interest is adversely affected, the operation of the Reed Research Reactor for Docket ID NRC–2020–0060. Address Commission will issue an Order (facility) in accordance with conditions questions about NRC docket IDs in designating the time and place of any specified therein. The facility is located Regulations.gov to Jennifer Borges; hearings. If a hearing is held, the issue on the Licensee’s site in Portland, telephone: 301–287–9127; email: to be considered at such hearing shall be Oregon. [email protected]. For technical whether this Order should be sustained. This Confirmatory Order (CO) is the questions, contact the individual(s) In the absence of any request for result of an agreement reached during listed in the FOR FURTHER INFORMATION hearing, or written approval of an an Alternative Dispute Resolution CONTACT section of this document. extension of time in which to request a (ADR) mediation session conducted on • hearing, the provisions specified in NRC’s Agencywide Documents January 23, 2020. Section IV above shall be final 30 days Access and Management System from the date of issuance without (ADAMS): You may obtain publicly- II further order or proceedings. If an available documents online in the On April 8, 2016, the NRC’s Office of extension of time for requesting a ADAMS Public Documents collection at Investigations (OI) opened an hearing has been approved, the https://www.nrc.gov/reading-rm/ investigation (OI Case No. 4–2016–022) provisions specified in Section IV shall adams.html. To begin the search, select at Reed to determine whether the Reed be final when the extension expires if a ‘‘Begin Web-based ADAMS Search.’’ For Research Reactor Director (Director) hearing request has not been received. problems with ADAMS, please contact willfully documented and submitted to Dated at Rockville, Maryland, this 16th day the NRC’s Public Document Room (PDR) the NRC incomplete or inaccurate of March 2020. reference staff at 1–800–397–4209, 301– information associated with an For the Nuclear Regulatory Commission. 415–4737, or by email to pdr.resource@ application for a 10 CFR part 55, reactor George A. Wilson, nrc.gov. The ADAMS accession number operator license. A second investigation for each document referenced (if it is Director Office of Enforcement. (OI Case No. 4–2017–023) was opened available in ADAMS) is provided the [FR Doc. 2020–05925 Filed 3–19–20; 8:45 am] on March 28, 2017, to determine first time that it is mentioned in this whether the Director willfully provided BILLING CODE 7590–01–P document. incomplete or inaccurate information to • NRC’s PDR: You may examine and the NRC regarding a second application NUCLEAR REGULATORY purchase copies of public documents at for a 10 CFR part 55 license (a senior COMMISSION the NRC’s PDR, Room O1–F21, One reactor operator license). Based on the White Flint North, 11555 Rockville evidence developed during the two [Docket No. 50–00288; NRC–2020–0060] Pike, Rockville, Maryland 20852. investigations, the NRC identified three apparent violations. The apparent In the Matter of Reed College, Reed FOR FURTHER INFORMATION CONTACT: violations involve the licensee’s failure Research Reactor, Portland, Oregon Robert Fretz, Office of Enforcement, U.S. Nuclear Regulatory Commission, to provide information to the AGENCY: Nuclear Regulatory Washington, DC 20555–0001; telephone: Commission that is complete and Commission. 301–287–9235, email: Robert.Fretz@ accurate in all material respects, in ACTION: Confirmatory Order; issuance. nrc.gov. accordance with 10 CFR Section 50.9(a), ‘‘Completeness and accuracy of SUMMARY: The U.S. Nuclear Regulatory SUPPLEMENTARY INFORMATION: The text of information,’’ and failure to follow NRC Commission (NRC) is issuing a the Order is attached. Order EA–07–074, ‘‘Issuance of Order Confirmatory Order (CO) to Reed Dated at Rockville, Maryland, this 17th day Imposing Fingerprinting and Criminal College, Portland, Oregon as a result of of March 2020. History Records Check Requirements for
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16141
Unescorted Access to Research and Test mandatory medical release form that D. To reinforce existing security Reactors,’’ and Renewed Operating licensed operators must sign allowing requirements, Reed will further amend License R–112, License Condition professional health and counseling Section 65.9 of SOP 65 to provide that 2.C.(3). By letter, dated November 19, center personnel to disclose any the Controlled Access List (‘‘CAL’’) and 2019, Agencywide Documents Access relevant health information about Facility Access List (‘‘FAL’’) shall be and Management System (ADAMS) operators to the Director. reviewed for accuracy, updated as Accession No. ML19330E777, the NRC Additional commitments made in the necessary, and re-posted in copy signed notified Reed of the results of the preliminary settlement agreement, as and dated by the NRC-approved investigation and provided the licensee signed by both parties, consist of the reviewing official at least once every an opportunity to: (1) respond in writing following (the parties agreed to the thirty (30) days. In addition, Reed will to the apparent violations addressed in following terms and conditions to be amend Section 65.7.1 of SOP 65 to the letter; (2) request a predecisional implemented by July 1, 2020, unless specifically require that personnel will enforcement conference to be held at otherwise noted): not be issued keys to the Controlled NRC Headquarters in Rockville, MD; or A. Reed agrees to institute a new SOP Areas or Facility unless they are (3) request ADR mediation with the provision requiring that the results from currently on the CAL or FAL, and to NRC in an attempt to resolve any the physical examinations of operator require that keys be properly logged out disagreements regarding whether applicants be sent to the psychologist no matter how short the duration for violations occurred, appropriate who interprets the Minnesota which the key is being used. SOP 65 enforcement actions, and appropriate Multiphasic Personality Inventory test will be modified to require a new corrective actions. results and/or interviews such physical and psychological evaluation In response to the NRC’s offer, Reed applicants for mental fitness. for operators returning from a LOA, requested the use of ADR mediation to B. Reed will amend SOP 64, which consistent with SOP 64 and Section III.B resolve differences it had with the NRC. covers the working environment for staff of this Order. On January 23, 2020, the NRC and the personnel with unescorted access or E. Within 60 days of issuance of the licensee met in an ADR session licensed operators, to (i) ensure that the CO, Reed will take the following mediated by a professional mediator, NRC-approved reviewing official is additional measures to assure arranged through Cornell University’s notified when any such person takes a appropriate oversight of the Reed Institute on Conflict Resolution. The leave of absence (‘‘LOA’’); (ii) Research Reactor Program: ADR process is one in which a neutral automatically suspend the facility and 1. The president of the college, who mediator, with no decision-making controlled area (CA) access of any such is the individual designated as the Level authority, assists the parties in reaching person who is on an LOA; (iii) provide 1 Unit or Organizational Head under an agreement on resolving any email notice to staff identifying any ANSI Standard 15.4, shall, at a differences regarding the dispute. This such person who is on an LOA and minimum, engage in the following CO is issued pursuant to the agreement specifying their change in status; and oversight activities: reached during the ADR process. (iv) require any such person returning a. Review all outside audits and NRC from an LOA to pass both a new inspections of the reactor program and III physical and a new psychological meet with the Dean of the Faculty, the During the ADR session, the licensee examination before their facility and CA Vice-President and Treasurer, and the and the NRC reached a preliminary access status can be renewed. If absent Director to identify and ensure settlement agreement. The elements of for more than one year under favorable implementation of appropriate the agreement include the following: conditions FBI fingerprint and corrective actions; The NRC acknowledges and gives background checks will be conducted. If b. Meet on a quarterly basis with the Reed credit for the following corrective LOA is for unfavorable conditions FBI Dean of Faculty, to ensure compliance actions: fingerprinting and background checks with any outstanding corrective actions 1. Reed amended Standard Operating will be conducted regardless of length of and to identify, discuss and take Procedure (SOP) 63, which describes LOA. Reasons for removal from appropriate measures to address any what licensed operators need to do to unescorted access status must be existing operational, security or stay in requalification, to ensure that documented and retained for three years regulatory concerns regarding the Reed physical examinations for operators are after such person’s status change. Research Reactor Program. normally performed by a healthcare Reed will make additional changes to 2. The Dean of the Faculty, who provider familiar with the applicable SOP 64 to change the terminology so supervises the Director, shall, at a requirements for reactor operators, and that it is the NRC-approved reviewing minimum, engage in the following to clarify and to reaffirm the reporting official who will be empowered to additional oversight activities: obligations of licensed operators impose an administrative hold on a. Receive copies of and review all regarding changes in medication and operator access to the facility for various correspondence between the Director permanent physical or mental health reasons, including changes in medical and the NRC; conditions. prescriptions. b. Review all outside audits and NRC 2. Reed provided training and C. Reed will amend SOP 65, which inspections of the reactor program; coaching to the Director regarding the includes provisions regarding security c. Ensure the receipt and transmission need to provide complete and accurate and visitors, to include provisions to the Director of responses for the information on license applicants to the similar to those in SOP 64 terminating required quarterly inquiries regarding NRC. the facility access of persons with the fitness for duty of each student 3. Reed made changes to SOP 64 to unescorted access and licensed allowed unescorted access to the facility empower the Director or Reactor operators who have taken an that are made to supervisory health and Operations Manager (ROM) to impose administrative leave and giving the counseling center personnel, Director of an administrative hold on operator NRC-approved reviewing official Community Safety or appropriate access to the facility for various reasons, discretion to impose an administrative faculty members, document the including changes in medical hold on unescorted access to the responses to these emails from each prescriptions. In addition, Reed added a facility. department that receives such required
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16142 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
inquiries; and document actions taken and Non-power Production and Such documents shall be preserved as a result of these responses. These Utilization Facilities, for review. consistent with NRC requirements. responses and actions taken shall be b. The presentation will summarize 3. The succinct and accurate made available for NRC review upon the conditions leading to the CO that documentation of the reasons request. Additionally, Reed shall update existed at Reed and emphasize the need underlying any determinations to limit the Reed Reactor Security Plan to fully for research and test reactor (RTR) facility or CA access of a staff person or document the request, response, and licensees to be complete and accurate in licensed operator in connection with a resolution processes of this quarterly the submission of license applications leave of absence or administrative hold action. and in all other dealings with the NRC. and whether and why the NRC was or d. Meet on a monthly basis with the c. The presentation will also include was not notified of the determination. Director to ensure compliance with any lessons-learned regarding EA–19–071. 4. Read and sign training materials on outstanding corrective actions and to d. Within 15 calendar days of the reporting physical or mental health identify, discuss and take appropriate NRC’s receipt of the presentation conditions, and any changes in measures to address any existing submitted by Reed, the NRC will conditions or treatment, as noted in operational, security or regulatory provide its comments, if any, to the Section III.F above. concerns regarding the Reactor Program. licensee. H. To further assure overall F. To reinforce knowledge of and 5. By June 1, 2020, Reed will submit compliance, Reed will also expand its compliance with requirements for an article to be considered for inclusion existing external audit procedures so medical qualifications and in the TRTR newsletter. that, starting in the audit year 2020, completeness and accuracy of reported a. By May 1, 2020, Reed will submit each such audit will include a review of information, Reed will take the a draft of the article to the Director, all reactor operators’ medical and following additional actions: Division of Advanced Reactors and psychological records and the reporting 1. Within 60 days of the issuance of Non-power Production and Utilization of those records to the NRC. 1. The initial external audit following the CO, the Director will meet with each Facilities, for review. the issuance of the confirmatory order licensed operator regarding the facts and b. The article will summarize the will cover medical and security records lessons learned from the events that conditions leading to the confirmatory for the previous 5 years and operations gave rise to the CO. The meeting will order that existed at Reed and for the prior year. Subsequent audits stress the importance of reporting any emphasize the need for RTR licensees to will cover back to the last audit. physical or mental health conditions, be complete and accurate in the 2. The external auditor shall not have and any changes in conditions or submission of license applications and been a Reed employee for at least three treatment. The meeting will also address in all other dealings with the NRC. years. The external auditor(s) shall be the importance of adhering to c. The article will also include experienced in medical, security and procedure, ensuring that documents are lessons-learned regarding EA–19–071. operations. complete and accurate, and potential d. Within 15 calendar days of the I. Reed will provide notice to the consequences for engaging in willful NRC’s receipt of the draft article Director, Division of Advanced Reactors violations. Documentation shall be kept submitted by Reed, the NRC will and Non-power Production and for attendance at the meetings. provide its comments, if any, to Reed Utilization Facilities, NRR, that it has 2. Reed will incorporate read and sign College. completed the measures specified in the training on reporting physical or mental G. Beyond the foregoing actions, Reed paragraphs above. health conditions, and any changes in will also implement a new SOP 68 Based on the completed actions conditions or treatment, into reactor specifically addressing the hiring, described above, and the commitments operator applicant training and training and licensing of reactor described in Section V below, the NRC requalification training. This training operators. This new SOP 68 shall, at a agrees to not pursue any further will also address the importance of minimum, require: enforcement action based on the adhering to procedures, ensuring that 1. The formation of a review apparent violations identified in the documents are complete and accurate, committee of appropriate personnel, NRC’s November 19, 2019, letter to and potential consequences for engaging including the Director, ROM, Reactor Reed, and will not issue a Notice of in willful violations. Safety Officer (‘‘RSO’’), and one non- Violation or seek to impose civil 3. Reed will conduct training for all Reed member of the Reactor Operations penalties in connection with the professional staff in the health and Committee, to review and evaluate apparent violations. The NRC and Reed counseling center on the physical and documents submitted to the NRC to also agree to disagree regarding the mental health condition requirements ensure that each reactor operator license willfulness of the apparent violations and the reporting obligations for reactor application (whether for initial described in the November 19, 2019, operators. After July 1, 2020 all new qualification or requalification of a letter. professional employees will receive this reactor operator or senior reactor Additionally, as part of its training as part of orientation. This operator license) is complete and fully deliberations and consistent with the training will also address the supported by the required philosophy of the Enforcement Policy, importance of adhering to procedure, documentation. Section 3.3, ‘‘Violations Identified ensuring that documents are complete 2. The preservation of documents Because of Previous Enforcement and accurate, and potential supporting each reactor operator license Action,’’ the NRC will consider consequences for engaging in willful application, including (i) security enforcement discretion for violations violations. information for each applicant; (ii) all with similar root causes that occur prior 4. Reed will submit a presentation for medical and/or psychological to or during implementation of the consideration to be included in the 2020 information (which shall be preserved corrective actions specified in this CO. TRTR annual conference. in accordance with applicable legal In the event of the transfer of the a. By July 1, 2020, Reed will submit privacy requirements); and (iii) all operating license of Reed Research a draft of the presentation to the submissions to the NRC relating to any Reactor to another entity, the terms and Director, Division of Advanced Reactors specific operator license application. conditions set forth hereunder shall
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16143
continue to apply to the Reed Research new physical and a new psychological Selection and Training of Personnel for Reactor and accordingly survive any examination before their facility and CA Research Reactors,’’ shall, at a transfer of ownership or license. access status is renewed. If absent for minimum, engage in the following On February 24, 2020, Reed more than one year under favorable oversight activities: consented to issuing this CO with the conditions, Federal Bureau of a. Review all outside audits and NRC commitments, as described in Section V Investigation (FBI) fingerprint and inspections of the reactor program and below. Reed further agreed that this CO background checks will be conducted. If meet with the Dean of the Faculty, the is to be effective upon issuance, the LOA is for unfavorable conditions, FBI Vice-President and Treasurer, and the agreement memorialized in this CO fingerprinting and background checks Director to identify and ensure settles the matter between the parties, will be conducted regardless of length of implementation of appropriate and that it has waived its right to a LOA. Reasons for removal from corrective actions; hearing. unescorted access status must be b. Meet on a quarterly basis with the Dean of the Faculty to ensure IV documented and retained for three years after such person’s status change. compliance with any outstanding I find that Reed’s actions completed, Reed will make additional changes to corrective actions and to identify, as described in Section III above, SOP 64 to change the terminology so discuss, and take appropriate measures combined with the commitments as set that it is the NRC-approved reviewing to address any existing operational, forth in Section V are acceptable and official who will be empowered to security, or regulatory concerns necessary, and conclude that with these impose an administrative hold on regarding the Reed Research Reactor commitments the public health and operator access to the facility for various Program. safety are reasonably assured. In view of reasons, including changes in medical 2. The Dean of the Faculty, who the foregoing, I have determined that prescriptions. supervises the Director, shall, at a public health and safety require that C. Reed will amend SOP 65, ‘‘Security minimum, engage in the following Reed’s commitments be confirmed by and Visitors,’’ which includes additional oversight activities: this CO. Based on the above and Reed’s provisions regarding security and a. Receive copies of and review all consent, this CO is effective upon visitors, to include provisions similar to correspondence between the Director issuance. those in SOP 64 terminating the facility and the NRC; By no later than thirty (30) days after access of persons with unescorted b. Review all outside audits and NRC the completion of the commitments access and licensed operators who have inspections of the reactor program; specified in Section V, Reed is required taken an administrative leave and giving c. Ensure the receipt and transmission to notify the NRC in writing and the NRC-approved reviewing official to the Director of responses for the summarize its actions. discretion to impose an administrative required quarterly inquiries regarding hold on unescorted access to the the fitness for duty of each student V facility. allowed unescorted access to the facility Accordingly, pursuant to Sections D. To reinforce existing security that are made to supervisory health and 104c, 161b, 161i, 161o, 182 and 186 of requirements, Reed will further amend counseling center personnel, Director of the Atomic Energy Act of 1954, as Section 65.9, ‘‘Unescorted Entry,’’ of Community Safety, or appropriate amended, and the Commission’s SOP 65 to provide that the Controlled faculty members; document the regulations in 10 CFR 2.202 and 10 CFR Access List (‘‘CAL’’) and Facility Access responses to these emails from each parts 30, 50 and 70, It is Hereby List (‘‘FAL’’) shall be reviewed for department that receives such required Ordered, Effective Upon Issuance, that accuracy, updated as necessary, and re- inquiries; and document actions taken License No. R–112 is Modified as posted in a hardcopy format that is as a result of these responses. These Follows: signed and dated by the NRC-approved responses and actions taken shall be A. Reed agrees to institute a new SOP reviewing official at least once every made available for NRC review upon provision requiring that the results from thirty (30) days. In addition, Reed will request. Additionally, Reed shall update the physical examinations of operator amend Section 65.7.1 (General Security the Reed Reactor Physical Security Plan applicants be sent to the psychologist Guidance) of SOP 65 to specifically to fully document the request, response, who interprets the Minnesota require that personnel will not be issued and resolution processes of this Multiphasic Personality Inventory test keys to the CA or Facility unless they quarterly action. results and/or interviews such are currently on the CAL or FAL, and d. Meet on a monthly basis with the applicants for mental fitness. to require that keys be properly logged Director to ensure compliance with any B. Reed will amend SOP 64, ‘‘Work in and out no matter how short the outstanding corrective actions and to Environment,’’ which covers the duration for which the key is being identify, discuss, and take appropriate working environment for Reed Research used. SOP 65 will be modified to measures to address any existing Reactor personnel with unescorted require a new physical and operational, security, or regulatory access or licensed operators, to (i) psychological evaluation for operators concerns regarding the Reed Research ensure that the NRC-approved returning from a LOA, consistent with Reactor Program. reviewing official is notified when any SOP 64 and Section V.B of this CO. F. To reinforce knowledge of and such person takes a leave of absence E. Within 60 days of issuance of the compliance with requirements for (‘‘LOA’’); (ii) automatically suspend the CO, Reed will take the following medical qualifications and facility and controlled area (CA) access additional measures to assure completeness and accuracy of reported of any such person who is on an LOA; appropriate oversight of the Reed information, Reed will take the (iii) provide email notice to other Reed Research Reactor Program: following additional actions: Research Reactor personnel with 1. The president of Reed, who is the 1. Within 60 days of the issuance of unescorted access or licensed operators individual designated as the Level 1 the CO, the Director will meet with each identifying any such person who is on Unit or Organizational Head under licensed operator who is on campus for an LOA and specifying their change in American National Standards Institute/ the current semester regarding the facts status; and (iv) require any such person American Nuclear Society, ANSI/ANS and lessons learned from the events that returning from an LOA to pass both a 15.4–1988 (R1999), ‘‘Standard for the gave rise to the CO. For any licensed
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16144 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
operators participating in off-campus provide its comments, if any, to the H. To further assure overall study programs during the current licensee. compliance, Reed will also expand its semester, the Director shall hold such 5. By June 1, 2020, Reed will submit existing external audit procedures so meetings within 30 days following their an article to be considered for inclusion that, starting in the audit year 2020, return to campus. The meeting(s) will in the TRTR newsletter. each such audit will include a review of stress the importance of reporting any a. By May 1, 2020, Reed will submit all reactor operators’ medical and physical or mental health conditions, a draft of the article to the Director, psychological records and the reporting and any changes in conditions or Division of Advanced Reactors and of those records to the NRC. treatment. The meeting(s) will also Non-power Production and Utilization 1. The initial external audit following address the importance of adhering to Facilities, NRR, for review. the issuance of the CO will cover procedure, ensuring that documents are b. The article will summarize the medical and security records for the complete and accurate, and potential conditions leading to the confirmatory previous five years and operations for consequences for engaging in willful order that existed at Reed and the prior year. Subsequent audits will violations. Documentation shall be kept emphasize the need for RTR licensees to cover the time period dating back to the for attendance at the meeting(s). be complete and accurate in the last audit. 2. Reed will incorporate training submission of license applications and 2. The external auditor(s) shall not (‘‘read and sign’’ training) on reporting in all other dealings with the NRC. have been a Reed employee for at least physical or mental health conditions, c. The article will also include lessons three years. The external auditor(s) shall and any changes in conditions or learned regarding EA–19–071. be experienced in NRC requirements treatment, into reactor operator d. Within 15 calendar days of the concerning medical records, security, applicant training and requalification NRC’s receipt of the draft article and operations. I. Reed will provide notice to the training. This training will also address submitted by Reed, the NRC will Director, Division of Advanced Reactors the importance of adhering to provide its comments, if any, to Reed. procedures, ensuring that documents and Non-power Production and G. Beyond the foregoing actions, Reed Utilization Facilities, NRR, that it has are complete and accurate, and potential will also implement a new SOP 68 consequences for engaging in willful completed the measures specified in the specifically addressing the hiring, Section V paragraphs above. violations. Read and sign training training, and licensing of reactor requires the individual(s) to sign and This agreement is binding upon operators. This new SOP 68 shall, at a successors and assigns of Reed. The date a form acknowledging that they minimum, require: have read, understand, and agree to the Director, Office of Enforcement may, in 1. The formation of a review policies and procedures discussed writing, relax or rescind any of the committee of appropriate personnel, during the training. above conditions upon demonstration including the Director, ROM, Radiation 3. Reed will conduct training for all by Reed or its successors of good cause. Safety Officer, and one non-Reed professional staff in the health and member of the Reactor Operations VI counseling center on the physical and Committee, to review and evaluate mental health condition requirements In accordance with 10 CFR 2.202 and documents submitted to the NRC to and the reporting obligations for reactor 10 CFR 2.309, any person adversely ensure that each reactor operator license operators. After July 1, 2020, all new affected by this CO, other than Reed, application (whether for initial professional employees will receive this may request a hearing within thirty (30) qualification or requalification of a training as part of orientation. This calendar days of the date of issuance of reactor operator or senior reactor training will also address the this CO. Where good cause is shown, operator license) is complete and fully importance of adhering to procedure, consideration will be given to extending supported by the required ensuring that documents are complete the time to request a hearing. A request documentation. and accurate, and potential for extension of time must be made in consequences for engaging in willful 2. The preservation of documents writing to the Director, Office of violations. supporting each reactor operator license Enforcement, U.S. Nuclear Regulatory 4. Reed will submit a presentation for application, including (i) security Commission, Washington, DC 20555, consideration to be included in the information for each applicant; (ii) all and include a statement of good cause annual National Organization of Test, medical and/or psychological for the extension. Research, and Training Reactors (TRTR) information (which shall be preserved All documents filed in NRC conference to be held in 2020. in accordance with applicable legal adjudicatory proceedings, including a a. By July 1, 2020, Reed will submit privacy requirements); and (iii) all request for hearing and petition for a draft of the presentation to the submissions to the NRC relating to any leave to intervene (petition), any motion Director, Division of Advanced Reactors specific operator license application. or other document filed in the and Non-power Production and Such documents shall be preserved proceeding prior to the submission of a Utilization Facilities, NRR, for review. consistent with NRC requirements. request for hearing or petition to b. The presentation will summarize 3. The succinct and accurate intervene, and documents filed by the conditions leading to the documentation of the reasons interested governmental entities that confirmatory order that existed at Reed underlying any determinations to limit request to participate under 10 CFR and emphasize the need for research facility or CA access of staff or licensed 2.315(c), must be filed in accordance and test reactor (RTR) licensees to be operators in connection with an LOA or with the NRC’s E-Filing rule (72 FR complete and accurate in the administrative hold and whether and 49139; August 28, 2007, as amended at submission of license applications and why the NRC was or was not notified of 77 FR 46562; August 3, 2012). The E- in all other dealings with the NRC. the determination. Filing process requires participants to c. The presentation will also include 4. Read and sign training materials on submit and serve all adjudicatory lessons learned regarding EA–19–071. reporting physical or mental health documents over the internet, or in some d. Within 15 calendar days of the conditions, and any changes in cases to mail copies on electronic NRC’s receipt of the presentation conditions or treatment, as noted in storage media. Detailed guidance on submitted by Reed, the NRC will Section V.F of this CO. making electronic submissions may be
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16145
found in the Guidance for Electronic documents are filed so that they can privacy information, such as social Submissions to the NRC and on the NRC obtain access to the documents via the security numbers, home addresses, or website at https://www.nrc.gov/site- E-Filing system. personal phone numbers in their filings, help/e-submittals.html. Participants A person filing electronically using unless an NRC regulation or other law may not submit paper copies of their the NRC’s adjudicatory E-Filing system requires submission of such filings unless they seek an exemption in may seek assistance by contacting the information. For example, in some accordance with the procedures NRC’s Electronic Filing Help Desk instances, individuals provide home described below. through the ‘‘Contact Us’’ link located addresses in order to demonstrate To comply with the procedural on the NRC’s public website at https:// proximity to a facility or site. With requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- respect to copyrighted works, except for days prior to the filing deadline, the submittals.html, by email to participant should contact the Office of [email protected], or by a toll- limited excerpts that serve the purpose the Secretary by email at free call at 1–866–672–7640. The NRC of the adjudicatory filings and would [email protected], or by telephone Electronic Filing Help Desk is available constitute a Fair Use application, at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern participants are requested not to include identification (ID) certificate, which Time, Monday through Friday, copyrighted materials in their allows the participant (or its counsel or excluding government holidays. submission. representative) to digitally sign Participants who believe that they The Commission will issue a notice or submissions and access the E-Filing have a good cause for not submitting order granting or denying a hearing system for any proceeding in which it documents electronically must file an request or intervention petition, is participating; and (2) advise the exemption request, in accordance with designating the issues for any hearing Secretary that the participant will be 10 CFR 2.302(g), with their initial paper that will be held and designating the filing stating why there is good cause for submitting a petition or other Presiding Officer. A notice granting a adjudicatory document (even in not filing electronically and requesting hearing will be published in the Federal instances in which the participant, or its authorization to continue to submit Register and served on the parties to the counsel or representative, already holds documents in paper format. Such filings an NRC-issued digital ID certificate). must be submitted by: (1) First class hearing. Based upon this information, the mail addressed to the Office of the If a person other than Reed College Secretary will establish an electronic Secretary of the Commission, U.S. requests a hearing, that person shall set docket for the hearing in this proceeding Nuclear Regulatory Commission, forth with particularity the manner in if the Secretary has not already Washington, DC 20555–0001, Attention: which his or her interest is adversely established an electronic docket. Rulemaking and Adjudications Staff; or affected by this CO and shall address Information about applying for a (2) courier, express mail, or expedited the criteria set forth in 10 CFR 2.309(d) digital ID certificate is available on the delivery service to the Office of the and (f). NRC’s public website at https:// Secretary, 11555 Rockville Pike, www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: If a hearing request is granted to a getting-started.html. Once a participant Rulemaking and Adjudications Staff. person whose interest is adversely has obtained a digital ID certificate and Participants filing adjudicatory affected, the Commission will issue an a docket has been created, the documents in this manner are order designating the time and place of participant can then submit responsible for serving the document on any hearings. If a hearing is held, the adjudicatory documents. Submissions all other participants. Filing is issue to be considered at such hearing must be in Portable Document Format considered complete by first-class mail shall be whether this CO should be (PDF). Additional guidance on PDF as of the time of deposit in the mail, or sustained. submissions is available on the NRC’s by courier, express mail, or expedited In the absence of any request for public website at https://www.nrc.gov/ delivery service upon depositing the hearing, or written approval of an site-help/electronic-sub-ref-mat.html. A document with the provider of the extension of time in which to request a filing is considered complete at the time service. A presiding officer, having hearing, the provisions specified in the document is submitted through the granted an exemption request from Section V above shall be final 30 days NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant electronic filing must be submitted to or party to use E-Filing if the presiding from the date of this CO without further the E-Filing system no later than 11:59 officer subsequently determines that the order or proceedings. If an extension of p.m. Eastern Time on the due date. reason for granting the exemption from time for requesting a hearing has been Upon receipt of a transmission, the E- use of E-Filing no longer exists. approved, the provisions specified in Filing system time-stamps the document Documents submitted in adjudicatory Section V shall be final when the and sends the submitter an email notice proceedings will appear in the NRC’s extension expires if a hearing request confirming receipt of the document. The electronic hearing docket which is has not been received. E-Filing system also distributes an email available to the public at https:// Dated this 16th day of March 2020. notice that provides access to the adams.nrc.gov/ehd, unless excluded For the Nuclear Regulatory Commission. document to the NRC’s Office of the pursuant to an order of the Commission General Counsel and any others who or the presiding officer. If you do not George A Wilson, have advised the Office of the Secretary have an NRC-issued digital ID certificate Director Office of Enforcement. that they wish to participate in the as described above, click ‘‘cancel’’ when [FR Doc. 2020–05894 Filed 3–19–20; 8:45 am] proceeding, so that the filer need not the link requests certificates and you BILLING CODE 7590–01–P serve the document on those will be automatically directed to the participants separately. Therefore, NRC’s electronic hearing dockets where applicants and other participants (or you will be able to access any publicly their counsel or representative) must available documents in a particular apply for and receive a digital ID hearing docket. Participants are certificate before adjudicatory requested not to include personal
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00099 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16146 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
NUCLEAR REGULATORY https://www.nrc.gov/reading-rm/ than in sequence. This included issuing COMMISSION adams.html. To begin the search, select a combined safety evaluation containing ‘‘Begin Web-based ADAMS Search.’’ For the NRC staff’s review of both the [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] problems with ADAMS, please contact exemption request and the license the NRC’s Public Document Room (PDR) amendment. The exemption met all Southern Nuclear Operating Company, reference staff at 1–800–397–4209, 301– applicable regulatory criteria set forth in Inc., Vogtle Electric Generating Plant, 415–4737, or by email to pdr.resource@ sections 50.12, 52.7, and section Units 3 and 4; Automatic nrc.gov. The ADAMS accession number VIII.A.4 of Appendix D to 10 CFR part Depressurization System (ADS) and for each document referenced (if it is 52. The license amendment was found Core Makeup Tank (CMT) Design available in ADAMS) is provided the to be acceptable as well. The combined Parameters first time that it is mentioned in this safety evaluation is available in ADAMS document. The request for the under Accession No. ML20049A808. AGENCY: Nuclear Regulatory amendment and exemption was Identical exemption documents Commission. designated License Amendment Request (except for referenced unit numbers and ACTION: Exemption and combined (LAR) 19–009 and submitted by letter license numbers) were issued to SNC for license amendment; issuance. dated September 30, 2019, and VEGP Units 3 and 4 (COLs NPF–91 and supplemented by letter dated December NPF–92). The exemption documents for SUMMARY: The U.S. Nuclear Regulatory 19, 2019 (ADAMS Accession Nos. VEGP Units 3 and 4 can be found in Commission (NRC) is granting an ML19273A953 and ML19353B752). ADAMS under Accession Nos. exemption to allow a departure from the • NRC’s PDR: You may examine and ML20049A734 and ML20049A747, certification information of Tier 1 of the purchase copies of public documents at respectively. The exemption is generic design control document (DCD) the NRC’s PDR, Room O1–F21, One reproduced (with the exception of and is issuing License Amendment Nos. White Flint North, 11555 Rockville abbreviated titles and additional 176 and 175 to Combined Licenses Pike, Rockville, Maryland 20852. citations) in Section II of this document. (COL), NPF–91 and NPF–92, FOR FURTHER INFORMATION CONTACT: The amendment documents for COLs respectively. The COLs were issued to Alina Schiller, Office of Nuclear Reactor NPF–91 and NPF–92 are available in Southern Nuclear Operating Company, Regulation, U.S. Nuclear Regulatory ADAMS under Accession Nos. Inc., and Georgia Power Company, Commission, Washington, DC 20555– ML20049A761 and ML20049A788, Oglethorpe Power Corporation, MEAG 0001; telephone: 301–415–8177; email: respectively. A summary of the Power SPVM, LLC, MEAG Power SPVJ, [email protected]. amendment documents is provided in LLC, MEAG Power SPVP, LLC, and the Section III of this document. City of Dalton, Georgia (collectively SUPPLEMENTARY INFORMATION: SNC); for construction and operation of I. Introduction II. Exemption the Vogtle Electric Generating Plant The NRC is issuing License Reproduced below is the exemption (VEGP) Units 3 and 4, located in Burke Amendment Nos. 176 and 175 to COLs document issued to VEGP Units 3 and County, Georgia. NPF–91 and NPF–92, respectively, and 4. It makes reference to the combined The granting of the exemption allows is granting an exemption from Tier 1 safety evaluation that provides the the changes to Tier 1 information asked information in the plant-specific DCD reasoning for the findings made by the for in the amendment. Because the for the AP1000. The AP1000 DCD is NRC (and listed under Item 1) in order acceptability of the exemption was incorporated by reference in Appendix to grant the exemption: determined in part by the acceptability D, ‘‘Design Certification Rule for the 1. In a letter dated September 30, of the amendment, the exemption and AP1000,’’ to part 52 of title 10 of the 2019, as supplemented by letter dated amendment are being issued Code of Federal Regulations (10 CFR). December 19, 2019, Southern Nuclear concurrently. The exemption, granted pursuant to Operating Company (SNC) requested DATES: The exemption and amendment paragraph A.4 of section VIII, from the Nuclear Regulatory were issued on March 11, 2020. ‘‘Processes for Changes and Commission (NRC or Commission) an ADDRESSES: Please refer to Docket ID Departures,’’ of 10 CFR part 52, exemption to allow departures from Tier NRC–2008–0252 when contacting the Appendix D, allows the licensee to 1 information in the certified Design NRC about the availability of depart from the Tier 1 information. With Control Document (DCD) incorporated information regarding this document. the requested amendment, SNC sought by reference in 10 CFR part 52, You may obtain publicly-available proposed changes to revise automatic appendix D, ‘‘Design Certification Rule information related to this document depressurization system (ADS) and core for the AP1000 Design,’’ as part of using any of the following methods: makeup tank (CMT) parameters. license amendment request (LAR) 19– • Federal Rulemaking Website: Go to Specifically, the requested amendment 009, ‘‘Automatic Depressurization https://www.regulations.gov and search required changes to reflect revisions in System (ADS) and Core Makeup Tank for Docket ID NRC–2008–0252. Address the design parameters of: (a) The (CMT) Design Parameters.’’ questions about NRC dockets in maximum stroke times for the ADS For the reasons set forth in Section 3.2 Regulations.gov to Jennifer Borges; Stage 1, 2, and 3 valves; (b) the of the NRC staff’s Safety Evaluation that telephone: 301–287–9127; email: minimum effective flow areas for the supports this license amendment, which [email protected]. For technical ADS Stage 2 and 3 valves; and (c) the can be found at Agencywide Documents questions, contact the individual listed CMT minimum volume. Access and Management System in the FOR FURTHER INFORMATION Part of the justification for granting (ADAMS) Accession Number CONTACT section of this document. the exemption was provided by the ML20049A808, the Commission finds • NRC’s Agencywide Documents review of the amendment. Because the that: Access and Management System exemption is necessary in order to issue A. the exemption is authorized by (ADAMS): You may obtain publicly- the requested license amendment, the law; available documents online in the NRC granted the exemption and issued B. the exemption presents no undue ADAMS Public Documents collection at the amendment concurrently, rather risk to public health and safety;
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16147
C. the exemption is consistent with Register on December 3, 2019 (84 FR connection with items for inclusion in the common defense and security; 66234). No comments were received guides currently being developed or D. special circumstances are present during the 30-day comment period. improvements in all published guides in that the application of the rule in this The Commission has determined that are encouraged at any time. circumstance is not necessary to serve these amendments satisfy the criteria for ADDRESSES: You may submit comments the underlying purpose of the rule; categorical exclusion in accordance by any of the following methods: E. the special circumstances outweigh with 10 CFR 51.22. Therefore, pursuant • Federal Rulemaking Website: Go to any decrease in safety that may result to 10 CFR 51.22(b), no environmental https://www.regulations.gov and search from the reduction in standardization impact statement or environmental for Docket ID NRC–2020–0076. Address caused by the exemption; and assessment need to be prepared for questions about NRC dockets IDs in F. the exemption will not result in a these amendments. Regulations.gov to Jennifer Borges; significant decrease in the level of safety IV. Conclusion telephone: 301–287–9127; email: otherwise provided by the design. [email protected]. For technical 2. Accordingly, SNC is granted an Using the reasons set forth in the questions, contact the individuals listed exemption from the certified DCD Tier combined safety evaluation, the staff in the FOR FURTHER INFORMATION 1 information, with corresponding granted the exemptions and issued the CONTACT section of this document. changes to Appendix C of the facility amendments that SNC requested on • Mail comments to: Office of Combined License, as described in the September 30, 2019. The exemptions Administration, Mail Stop: TWFN–7– licensee’s request dated September 30, and amendments were issued on March A60M, U.S. Nuclear Regulatory 2019, and as supplemented by letter 11, 2020, as part of a combined package Commission, Washington, DC 20555– dated December 19, 2019. This to SNC (ADAMS Accession No. 0001, ATTN: Program Management, exemption is related to, and necessary ML20049A655). Announcements and Editing Staff. for, the granting of License Amendment Dated at Rockville, Maryland, this 16th day For additional direction on obtaining No. 176 [for Unit 3, No. 175 for Unit 4], of March 2020. information and submitting comments, which is being issued concurrently with For the Nuclear Regulatory Commission. see ‘‘Obtaining Information and this exemption. 3. As explained in Section 5.0 of the Victor E. Hall, Submitting Comments’’ in the NRC staff’s Safety Evaluation (ADAMS Chief, Vogtle Project Office, Office of Nuclear SUPPLEMENTARY INFORMATION section of Accession No. ML20049A808), this Reactor Regulation. this document. exemption meets the eligibility criteria [FR Doc. 2020–05905 Filed 3–19–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: for a categorical exclusion set forth in 10 BILLING CODE 7590–01–P Jenise Thompson, Office of Nuclear CFR 51.22(c)(9). Therefore, pursuant to Reactor Regulation, telephone: 301– 10 CFR 51.22(b), no environmental 415–1811, email: Jenise.Thompson@ impact statement or environmental NUCLEAR REGULATORY nrc.gov; and Edward O’Donnell, Office assessment needs to be prepared in COMMISSION of Nuclear Regulatory Research, connection with the issuance of the [NRC–2020–0076] telephone: 301–415–3317, email: exemption. [email protected]. Both are 4. This exemption is effective as of the Volcanic Hazards Assessment for staff of the U.S. Nuclear Regulatory date of its issuance. Proposed New and Advanced Nuclear Commission, Washington, DC 20555– Power Plants 0001. III. License Amendment Request SUPPLEMENTARY INFORMATION: By letter dated September 30, 2019 AGENCY: Nuclear Regulatory (ADAMS Accession No. ML19273A953), Commission. I. Obtaining Information and as supplemented by letter dated ACTION: Draft regulatory guide; request Submitting Comments December 19, 2019 (ADAMS Accession for comment. A. Obtaining Information No. ML19353B752), SNC requested that the NRC amend the COLs for VEGP, SUMMARY: The U.S. Nuclear Regulatory Please refer to Docket ID NRC–2020– Units 3 and 4, COLs NPF–91 and NPF– Commission (NRC) is issuing for public 0076 when contacting the NRC about 92. The proposed amendment is comment draft regulatory guide (DG), the availability of information for this described in Section I of this Federal DG–4028, ‘‘Volcanic Hazards action. You may obtain publicly- Register notice. Assessment for Proposed Nuclear Power available information related to this The Commission has determined for Reactor Sites.’’ This DG proposes new action by any of the following methods: these amendments that the application guidance for facilitating NRC staff • Federal Rulemaking Website: Go to complies with the standards and reviews of volcanic hazard assessments https://www.regulations.gov and search requirements of the Atomic Energy Act performed by applicants to support the for Docket ID NRC–2020–0076. of 1954, as amended (the Act), and the siting and licensing of new nuclear • NRC’s Agencywide Documents Commission’s rules and regulations. power reactors. The DG also provides Access and Management System The Commission has made appropriate applicants with the methods and (ADAMS): You may obtain publicly- findings as required by the Act and the approaches the NRC staff considers available documents online in the Commission’s rules and regulations in acceptable for the assessment of ADAMS Public Documents collection at 10 CFR Chapter I, which are set forth in volcanic hazards in license applications. https://www.nrc.gov/reading-rm/ the license amendment. DATES: Submit comments by May 19, adams.html. To begin the search, select A notice of consideration of issuance 2020. Comments received after this date ‘‘Begin Web-based ADAMS Search.’’ For of amendment to facility operating will be considered if it is practical to do problems with ADAMS, please contact license or COL, as applicable, proposed so, but the NRC is able to ensure the NRC’s Public Document Room (PDR) no significant hazards consideration consideration only for comments reference staff at 1–800–397–4209, 301– determination, and opportunity for a received on or before this date. 415–4737, or by email to pdr.resource@ hearing in connection with these Although a time limit is given, nrc.gov. The DG–4028 is available in actions, was published in the Federal comments and suggestions in ADAMS under Accession No.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16148 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
ML20007D621 and the Regulatory of volcanic hazards in license • Federal Rulemaking Website: Go to Analysis under Accession No. applications. https://www.regulations.gov and search ML20007D618. for Docket ID NRC–2019–0149. For III. Backfitting, Forward Fitting, and • technical questions, contact the NRC’s PDR: You may examine and Issue Finality purchase copies of public documents at individual listed in the FOR FURTHER the NRC’s PDR, Room O1–F21, One Issuance of this draft regulatory guide INFORMATION CONTACT section of this White Flint North, 11555 Rockville does not constitute backfitting as document. Pike, Rockville, Maryland 20852. defined in title 10 of the Code of Federal • Mail comments to: David Cullison, Regulations (10 CFR) section 50.109, Office of the Chief Information Officer, B. Submitting Comments ‘‘Backfitting,’’ and as described in NRC Mail Stop: T–6 A10M, U.S. Nuclear Please include Docket ID NRC–2020– Management Directive 8.4, Regulatory Commission, Washington, 0076 in your comment submission. ‘‘Management of Backfitting, Forward DC 20555–0001. The NRC cautions you not to include Fitting, Issue Finality, and Information For additional direction on obtaining identifying or contact information that Requests’’ and as described in NRC information and submitting comments, you do not want to be publicly Management Directive 8.4, see ‘‘Obtaining Information and disclosed in your comment submission. ‘‘Management of Backfitting, Forward Submitting Comments’’ in the The NRC will post all comment Fitting, Issue Finality, and Information SUPPLEMENTARY INFORMATION section of submissions at https:// Requests;’’ would not affect the issue this document. finality of any approval issued under 10 www.regulations.gov as well as enter the FOR FURTHER INFORMATION CONTACT: CFR part 52; and would not constitute comment submissions into ADAMS. David Cullison, Office of the Chief forward fitting as that term is defined The NRC does not routinely edit Information Officer, U.S. Nuclear and described in Management Directive comment submissions to remove Regulatory Commission, Washington, 8.4. As explained in the draft regulatory identifying or contact information. DC 20555–0001; telephone: 301–415– guide, licensees would not be required If you are requesting or aggregating 2084; email: Infocollects.Resource@ to comply with the positions set forth in comments from other persons for nrc.gov. submission to the NRC, then you should this draft regulatory guide. SUPPLEMENTARY INFORMATION: inform those persons not to include April 24, 2020 identifying or contact information that Dated at Rockville, Maryland, this 16th day I. Obtaining Information and they do not want to be publicly of March 2020. Submitting Comments disclosed in their comment submission. For the Nuclear Regulatory Commission. A. Obtaining Information Your request should state that the NRC Thomas H. Boyce, does not routinely edit comment Chief, Regulatory Guidance and Generic Please refer to Docket ID NRC–2019– submissions to remove such information Issues Branch, Division of Engineering, Office 0149 when contacting the NRC about before making the comment of Nuclear Regulatory Research. the availability of information for this submissions available to the public or [FR Doc. 2020–05830 Filed 3–19–20; 8:45 am] action. You may obtain publicly- entering the comment into ADAMS. BILLING CODE 7590–01–P available information related to this action by any of the following methods: II. Additional Information • Federal Rulemaking Website: Go to The NRC is issuing for public NUCLEAR REGULATORY https://www.regulations.gov and search comment a draft guide in the NRC’s COMMISSION for Docket ID NRC–2019–0149. A copy ‘‘Regulatory Guide’’ series. This series [NRC–2019–0149] of the collection of information and was developed to describe and make related instructions may be obtained available to the public information Information Collection: NRC Form 629, without charge by accessing Docket ID regarding methods that are acceptable to ‘‘Authorization for Payment by Credit NRC–2019–0149 on this website. the NRC staff for implementing specific Card’’ • NRC’s Agencywide Documents parts of the NRC’s regulations, Access and Management System techniques that the staff uses in AGENCY: Nuclear Regulatory (ADAMS): You may obtain publicly- evaluating specific issues or postulated Commission. available documents online in the events, and data that the staff needs in ACTION: Renewal of existing information ADAMS Public Documents collection at its review of applications for permits collection; request for comment. https://www.nrc.gov/reading-rm/ and licenses. The staff is also issuing for adams.html. To begin the search, select SUMMARY: The U.S. Nuclear Regulatory public comment a draft Regulatory ‘‘ADAMS Public Documents’’ and then Commission (NRC) invites public Analysis. Regulatory Analyses are select ‘‘Begin Web-based ADAMS comment on the renewal of Office of developed to assess the value of issuing Search.’’ For problems with ADAMS, Management and Budget (OMB) a guide as well as alternative courses of please contact the NRC’s Public approval for an existing collection of action. Document Room (PDR) reference staff at information. The information collection The DG, entitled, ‘‘Volcanic Hazards 1–800–397–4209, 301–415–4737, or by is entitled, NRC Form 629, Assessment for Proposed Nuclear Power email to [email protected]. A copy ‘‘Authorization for Payment by Credit Reactor Sites,’’ is a proposed new guide of the collection of information and Card.’’ temporarily identified by its task related instructions may be obtained number, DG–4028. It provides guidance DATES: Submit comments by May 19, without charge by accessing ADAMS for facilitating NRC staff reviews of 2020. Comments received after this date Accession Nos. ML19295G757and volcanic hazard assessments performed will be considered if it is practical to do ML18043A050. The supporting by applicants to support the licensing of so, but the Commission is able to ensure statement is available in ADAMS under new nuclear power reactors. The guide consideration only for comments Accession No. ML19295G759. also provides applicants with the received on or before this date. • NRC’s PDR: You may examine and methods and approaches the NRC staff ADDRESSES: You may submit comments purchase copies of public documents at considers acceptable for the assessment by any of the following methods: the NRC’s PDR, Room O1–F21, One
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16149
White Flint North, 11555 Rockville information collection requirement or OMB’s approval for renewal of an Pike, Rockville, Maryland 20852. request: 66.67 hrs. existing information collection in order • NRC’s Clearance Officer: A copy of 10. Abstract: The Nuclear Regulatory for the United States to fulfill its the collection of information and related Commission (NRC) bills licensees, responsibilities as a participant in the instructions may be obtained without applicants, and individuals for the U.S./International Atomic Energy charge by contacting NRC’s Clearance payment of civil penalties, full cost Agency (IAEA) Safeguards Agreement. Officer, David Cullison, Office of the licensing fees, inspection fees, and other The information collection is entitled, Chief Information Officer, U.S. Nuclear fees. The four methods used to pay bills ‘‘Design Information Questionnaire— Regulatory Commission, Washington, owed to the NRC are: (1) Payment by IAEA N–71 and Associated Forms N–72, DC 20555–0001; telephone: 301–415– Automated Clearinghouse Network N–73, N–74, N–75, N–76, N–77, N–91, 2084; email: Infocollects.Resource@ (ACH); (2) Payment by Credit Card; (3) N–92, N–93, N–94.’’ nrc.gov. Payment by Electronic Funds Transfer/ DATES: Submit comments by May 19, B. Submitting Comments FedWire; and (4) Payment by Check. 2020. Comments received after this date NUREG/BR–0254, ‘‘Payment Methods’’ Please include Docket ID NRC–2019– will be considered if it is practical to do provides instructions on how to transfer so, but the Commission is able to ensure 0149 in the subject line of your monies owed to the NRC; no comment submission, in order to ensure consideration only for comments information is collected by the NRC in received on or before this date. that the NRC is able to make your using this brochure. NRC Form 629, comment submission available to the ADDRESSES: You may submit comments ‘‘Authorization for Payment by Credit by any of the following methods: public in this docket. Card’’ is an optional form used to The NRC cautions you not to include • Federal Rulemaking Website: Go to authorize payment by credit card. identifying or contact information in https://www.regulations.gov and search comment submissions that you do not III. Specific Requests for Comments for Docket ID NRC–2020–0027. For technical questions, contact the want to be publicly disclosed in your The NRC is seeking comments that individual listed in the FOR FURTHER comment submission. The NRC will address the following questions: post all comment submissions at https:// INFORMATION CONTACT section of this 1. Is the proposed collection of www.regulations.gov as well as enter the document. information necessary for the NRC to comment submissions into ADAMS, • Mail comments to: David Cullison, properly perform its functions? Does the and the NRC does not routinely edit Office of the Chief Information Officer, information have practical utility? comment submissions to remove Mail Stop: T–6 A10M, U.S. Nuclear 2. Is the estimate of the burden of the identifying or contact information. Regulatory Commission, Washington, information collection accurate? If you are requesting or aggregating DC 20555–0001. 3. Is there a way to enhance the comments from other persons for For additional direction on obtaining quality, utility, and clarity of the submission to the NRC, then you should information and submitting comments, information to be collected? inform those persons not to include see ‘‘Obtaining Information and 4. How can the burden of the identifying or contact information that Submitting Comments’’ in the information collection on respondents they do not want to be publicly SUPPLEMENTARY INFORMATION section of be minimized, including the use of disclosed in their comment submission. this document. Your request should state that the NRC automated collection techniques or other forms of information technology? FOR FURTHER INFORMATION CONTACT: does not routinely edit comment David Cullison, Office of the Chief submissions to remove such information Dated at Rockville, Maryland, this 16th day Information Officer, U.S. Nuclear of March 2020. before making the comment Regulatory Commission, Washington, submissions available to the public or For the Nuclear Regulatory Commission. DC 20555–0001; telephone: 301–415– entering the comment into ADAMS. David C. Cullison, 2084; email: INFOCOLLECTS.Resource@ II. Background NRC Clearance Officer, Office of the Chief NRC.GOV. Information Officer. In accordance with the Paperwork SUPPLEMENTARY INFORMATION: [FR Doc. 2020–05803 Filed 3–19–20; 8:45 am] Reduction Act of 1995 (44 U.S.C. BILLING CODE 7590–01–P I. Obtaining Information and Chapter 35), the NRC is requesting Submitting Comments public comment on its intention to A. Obtaining Information request the OMB’s approval for the NUCLEAR REGULATORY information collection summarized COMMISSION Please refer to Docket ID NRC–2020– below. 0027 when contacting the NRC about 1. The title of the information [NRC–2020–0027] the availability of information for this collection: ‘‘Authorization for Payment action. You may obtain publicly- by Credit Card.’’ Information Collection: Submission for the Office of Management and Budget available information related to this 2. OMB approval number: 3150–0190. action by any of the following methods: 3. Type of submission: Extension. Review • 4. The form number, if applicable: Federal Rulemaking Website: Go to NRC Form 629. AGENCY: Nuclear Regulatory https://www.regulations.gov and search 5. How often the collection is required Commission. for Docket ID NRC–2020–0027. • or requested: As needed. ACTION: Notice of pending NRC action to NRC’s Agencywide Documents 6. Who will be required or asked to submit an information collection Access and Management System respond: NRC licensees. request to the Office of Management and (ADAMS): You may obtain publicly- 7. The estimated number of annual Budget (OMB) and solicitation of public available documents online in the responses: 400. comment. ADAMS Public Documents collection at 8. The estimated number of annual https://www.nrc.gov/reading-rm/ respondents: 400. SUMMARY: The U.S. Nuclear Regulatory adams.html. To begin the search, select 9. The estimated number of hours Commission (NRC) invites public ‘‘Begin Web-based ADAMS Search.’’ For needed annually to comply with the comment on our intention to request the problems with ADAMS, please contact
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16150 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
the NRC’s Public Document Room (PDR) If you are requesting or aggregating 10. Abstract: In order for the United reference staff at 1–800–397–4209, 301– comments from other persons for States to fulfill its responsibilities as a 415–4737, or by email to pdr.resource@ submission to the NRC, then you should participant in the U.S./International nrc.gov. The supporting statement and inform those persons not to include Atomic Energy Agency (IAEA) title of documents Design Information identifying or contact information that Safeguards Agreement, the NRC must Questionnaire—IAEA N–71 and they do not want to be publicly collect information from licensees about Associated Forms N–72, N–73, N–74, disclosed in their comment submission. their installations and provide it to the N–75, N–76, N–77, N–91, N–92, N–93, Your request should state that the NRC IAEA. Licensees of facilities that appear N–94 are available in ADAMS under does not routinely edit comment on the U.S. eligible list and have been Accession Nos. ML20010F368; submissions to remove such information notified in writing by the NRC are ML20010F313, ML20010F314, before making the comment required to complete and submit a ML20010F315, ML20010F316, submissions available to the public or Design Information Questionnaire, IAEA ML20010F317, ML20010F305, entering the comment into ADAMS. Form N–71 (and the appropriate ML20010F307, ML20010F308, associated IAEA Form) or Form N–91, to II. Background ML20010F309, ML20010F311, and provide information concerning their ML20010F312. In accordance with the Paperwork installation for use by the IAEA. • NRC’s PDR: You may examine and Reduction Act of 1995 (44 U.S.C. purchase copies of public documents at Chapter 35), the NRC is requesting III. Specific Requests for Comments the NRC’s PDR, Room O1–F21, One public comment on its intention to The NRC is seeking comments that White Flint North, 11555 Rockville request the OMB’s approval for the address the following questions: Pike, Rockville. information collection summarized • 1. Is the proposed collection of NRC’s Clearance Officer: A copy of below. information necessary for the NRC to the collection of information and related 1. The title of the information properly perform its functions? Does the instructions may be obtained without collection: Design Information information have practical utility? charge by contacting NRC’s Clearance Questionnaire—IAEA N–71 and 2. Is the estimate of the burden of the Officer, David Cullison, Office of the Associated Forms N–72, N–73, N–74, information collection accurate? Chief Information Officer, U.S. Nuclear N–75, N–76, N–77, N–91, N–92, N–93, 3. Is there a way to enhance the Regulatory Commission, Washington, N–94. quality, utility, and clarity of the DC 20555–0001; telephone: 301–415– 2. OMB approval number: 3150–0056. 2084; email: INFOCOLLECTS.Resource@ 3. Type of submission: Extension. information to be collected? NRC.GOV. 4. The form number, if applicable: 4. How can the burden of the IAEA Form N–71 (and the appropriate information collection on respondents B. Submitting Comments associated IAEA Form) or Form N–91, to be minimized, including the use of Please include Docket ID NRC–2020– provide information concerning their automated collection techniques or 0027 in the subject line of your installation for use by the IAEA. other forms of information technology? comment submission, in order to ensure 5. How often the collection is required Dated at Rockville, Maryland, this 17th day that the NRC is able to make your or requested: 1 time per year. of March 2020. comment submission available to the 6. Who will be required or asked to For the Nuclear Regulatory Commission. public in this docket. respond: Licensees of facilities on the David Cullison, The NRC cautions you not to include U.S. eligible list who have been notified NRC Clearance Officer, Office of the Chief identifying or contact information in in writing by the NRC to submit the Information Officer. comment submissions that you do not form. want to be publicly disclosed in your 7. The estimated number of annual Subject: Information Collection: comment submission. The NRC will responses: 2.0. Submission for the Office of post all comment submissions at https:// 8. The estimated number of annual Management and Budget Review www.regulations.gov as well as enter the respondents: 2.0. Accession Number: ML200105350 comment submissions into ADAMS, 9. The estimated number of hours To receive a copy of this document, and the NRC does not routinely edit needed annually to comply with the indicate in the box: ‘‘C’’ = Copy without comment submissions to remove information collection requirement or attachment/enclosure; ‘‘E’’ = Copy with identifying or contact information. request: 360 reporting hours. attachment/enclosure; ‘‘N’’ = No copy.
Office Name Date
NMSS ...... A.Santiago ...... 1/01/2020 OCIO ...... D.Cullison ...... 03/16/20 OFFICIAL RECORD COPY
[FR Doc. 2020–05904 Filed 3–19–20; 8:45 am] NUCLEAR REGULATORY ACTION: Draft environmental impact BILLING CODE 7590–01–P COMMISSION statement; request for comment.
[Docket No. 72–1051; NRC–2018–0052] SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public Holtec International HI–STORE comment a draft Environmental Impact Consolidated Interim Storage Facility Statement (EIS) for Holtec Project International’s (Holtec’s) application to construct and operate a consolidated AGENCY: Nuclear Regulatory interim storage facility (CISF) for spent Commission. nuclear fuel (SNF) and Greater-Than
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16151
Class C (GTCC) waste, along with a I. Obtaining Information and inform those persons not to include small quantity of mixed oxide fuel. The Submitting Comments. identifying or contact information that proposed CISF would be located in A. Obtaining Information they do not want to be publicly southeast New Mexico at a site located disclosed in their comment submission approximately halfway between the Please refer to Docket ID NRC–2018– because the NRC does not routinely edit cities of Carlsbad and Hobbs, New 0052 when contacting the NRC about comment submissions before making Mexico. The proposed action is the the availability of information regarding the comment submissions available to this document. You may obtain issuance of an NRC license authorizing the public or entering the comment publicly-available information related to the initial phase (Phase 1) of the project submissions into ADAMS. to store up to 8,680 metric tons of this action by the following methods: • uranium [9,568 short tons] in 500 Federal Rulemaking Website: Go to II. Discussion canisters for a license period of 40 years. https://www.regulations.gov and search Holtec plans to subsequently request for Docket ID NRC–2018–0052. The NRC is issuing for public • amendments to the license to store an NRC’s Agencywide Documents comment the draft EIS for Holtec additional 500 canisters for each of 19 Access and Management System International’s License Application for a expansion phases of the proposed CISF (ADAMS): You may obtain publicly- Consolidated Interim Storage Facility (a total of 20 phases), to be completed available documents online in the for Spent Nuclear Fuel and High Level over the course of 20 years, and to ADAMS Public Documents collection at Waste regarding an application from expand the proposed facility to https://www.nrc.gov/reading-rm/ Holtec requesting a license to construct eventually store up to 10,000 canisters adams.html. To begin the search, select and operate a CISF for SNF and GTCC of SNF. ‘‘Begin Web-based ADAMS Search.’’ For waste, along with a small quantity of problems with ADAMS, please contact DATES: The NRC staff will hold public mixed-oxide fuel, which are collectively meetings on the draft EIS. The public the NRC’s Public Document Room (PDR) referred to in the EIS as SNF, and meeting details will be announced in reference staff at 1–800–397–4209, 301– composed primarily of spent uranium- the near future. The staff will present 415–4737, or by email to pdr.resource@ based fuel. the preliminary findings and receive nrc.gov. • NRC’S PDR: You may examine and The draft EIS for Holtec’s license public comments during transcribed purchase copies of public documents at application includes the preliminary public meetings. analysis that evaluates the Members of the public are invited to the NRC’s PDR, Room O1–F21, One environmental impacts of the proposed submit comments by May 22, 2020. White Flint North, 11555 Rockville action and alternatives to the proposed Comments received after this date will Pike, Rockville, Maryland 20852. • Project Webpage: Information be considered if it is practical to do so, action. After comparing the impacts of related to the Holtec HI–STORE CISF but the NRC is able to ensure the proposed action (Phase 1) to the No- project can be accessed on the NRC’s consideration only for comments Action alternative, the NRC staff, in Holtec HI–STORE CISF web page at received before this date. accordance with the requirements in https://www.nrc.gov/waste/spent-fuel- ADDRESSES: You may submit comments part 51 of title 10 of the Codes of storage/cis/holtec-international.html. Federal Regulations, recommends the by any of the following methods: • Public Libraries: A copy of the draft • Federal Rulemaking Website: Go to proposed action (Phase 1), which is the EIS can be accessed at the following issuance of an NRC license for 40 years https://www.regulations.gov/ and search public libraries: for Docket ID NRC–2018–0052. Address to Holtec to construct and operate a • Carlsbad Public Library, 101 S. questions about NRC Docket IDs to CISF for SNF at the proposed location. Halagueno Street, Carlsbad, NM Jennifer Borges; telephone: 301–287– In addition, the Bureau of Land 88220 Management (BLM) staff recommends 9127; email: [email protected]. • Hobbs Public Library, 509 N Shipp For technical questions, contact the St., Hobbs, NM 88240 the issuance of a permit to construct and individual listed in the FOR FURTHER • Roswell Public Library, 301 N. operate the rail spur. This INFORMATION CONTACT SECTION of this Pennsylvania, Roswell, NM 88201 recommendation is based on (i) the document. license application, which includes an • Mail comments to: Office of B. Submitting Comments environmental report and supplemental Administration, Mail Stop: TWFN–7– Please include Docket ID NRC–2018– documents, and Holtec’s responses to A60M, ATTN: Program Management, 0052 in your comment submission. the NRC staff’s requests for additional Announcements and Editing Staff, U.S. Written comments may be submitted information; (ii) consultation with Nuclear Regulatory Commission, during the draft EIS comment period as Federal, State, Tribal, local agencies, Washington, DC 20555–0001. described in the ADDRESSES section of and input from other stakeholders; (iii) • Email comments to: Holtec- the document. independent NRC and BLM staff review; [email protected]. The NRC cautions you not to include For additional direction on obtaining and (iv) the assessments provided in the identifying or contact information that EIS. information and submitting comments, you do not want to be publicly see ‘‘Obtaining Information and disclosed in your comment submission. Dated at Rockville, Maryland, this 13th day Submitting Comments’’ in the The NRC posts all comment of March, 2020. SUPPLEMENTARY INFORMATION SECTION of submissions at https:// For the Nuclear Regulatory Commission. this document. www.regulations.gov and enters all Cinthya I. Roman-Cuevas, FOR FURTHER INFORMATION CONTACT: Jill comment submissions into ADAMS. Chief, Environmental Review Materials Caverly, Office of Nuclear Material The NRC does not routinely edit Branch, Division of Rulemaking, Safety and Safeguards, U.S. Nuclear comment submissions to remove Environmental, and Financial Support, Office Regulatory Commission, Washington, identifying or contact information. of Nuclear Material Safety, and Safeguards. DC 20555–0001; telephone: 301–415– If you are requesting or aggregating [FR Doc. 2020–05690 Filed 3–19–20; 8:45 am] 7674; email: [email protected]. comments from other persons for BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION: submission to the NRC, then you should
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00105 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16152 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
SECURITIES AND EXCHANGE Members 6 to report individual social exemptions from specified provisions of COMMISSION security numbers or tax payer the CAT NMS Plan as set forth in identification numbers (collectively, January 29, 2020 Exemption Request, [Release No. 34–88393] ‘‘SSNs’’) to the consolidated audit trail subject to certain conditions. (‘‘CAT’’) (the ‘‘CCID Alternative’’); and Order Granting Conditional Exemptive II. Description Relief, Pursuant to Section 36 and Rule (2) to allow for an alternative approach As set forth in the January 29, 2020 608(e) of the Securities Exchange Act which would exempt the reporting of Exemption Request regarding the CCID of 1934, From Section 6.4(d)(ii)(C) and dates of birth and account numbers Alternative, the Participants state that Appendix D Sections 4.1.6, 6.2, 8.1.1, associated with natural person retail 7 ‘‘in light of security concerns raised 8.2, 9.1, 9.2, 9.4, 10.1, and 10.3 of the Customers to the CAT (‘‘Modified PII with regard to the maintenance of National Market System Plan Approach’’), and instead would require Customer information in the CAT, the Governing the Consolidated Audit Trail Industry Members to report the year of birth associated with natural person Participants request an exemption to March 17, 2020. retail Customers and the Firm eliminate one of the most sensitive CAT 8 data elements—SSNs—from the I. Introduction Designated ID for each trading account associated with the Customers.9 CAT.’’ 12 In lieu of retaining such By letter dated January 29, 2020,1 Section 36 of the Exchange Act grants sensitive information in the CAT, the BOX Exchange LLC, Cboe BYX the Commission the authority, with Participants would use the CCID Exchange, Inc., Cboe BZX Exchange, certain limitations, to ‘‘conditionally or alternative, a strategy developed by the Inc., Cboe EDGA Exchange, Inc., Cboe unconditionally exempt any person, Chief Information Security Officer for EDGX Exchange, Inc., Cboe C2 security, or transaction . . . from any the CAT and the Chief Information Exchange, Inc., Cboe Exchange, Inc., provision or provisions of [the Exchange Security Officers from each of the Financial Industry Regulatory Act] or of any rule or regulation Participants, in consultation with Authority, Inc., Investors Exchange LLC, thereunder, to the extent that such security experts from member firms of Long Term Stock Exchange, Inc., Miami exemption is necessary or appropriate Securities Industry and Financial International Securities Exchange LLC, in the public interest, and is consistent Markets Association.13 According to the MIAX Emerald, LLC, MIAX PEARL, with the protection of investors.’’ 10 Participants, the CCID Alternative LLC, NASDAQ BX, Inc., Nasdaq GEMX, Under Rule 608(e) of Regulation NMS, allows the Plan Processor 14 to generate LLC, Nasdaq ISE, LLC, Nasdaq MRX, the Commission may ‘‘exempt from a CCID without requiring the Plan LLC, NASDAQ PHLX LLC, The [Rule 608], either unconditionally or on Processor to receive SSNs or store SSNs NASDAQ Stock Market LLC, New York specified terms and conditions, any self- within the CAT.15 Under the CCID Stock Exchange LLC, NYSE American regulatory organization, member Alternative, according to the LLC, NYSE Arca, Inc., NYSE Chicago, thereof, or specified security, if the Participants, the Plan Processor would Inc., and NYSE National, Inc. Commission determines that such generate a unique CCID using a two- (collectively, the ‘‘Participants’’) to the exemption is consistent with the public phase transformation process that National Market System Plan Governing interest, the protection of investors, the avoids having SSNs reported to or the Consolidated Audit Trail (‘‘CAT maintenance of fair and orderly markets stored in the CAT.16 In the first 2 NMS Plan’’ or ‘‘Plan’’), requested that and the removal of impediments to, and transformation phase, a CAT Reporter 17 the Securities and Exchange perfection of the mechanism of, a would transform the SSN to an interim Commission (‘‘Commission’’ or ‘‘SEC’’) national market system.’’ 11 value.18 The Participants state that the grant exemptive relief from certain For the reasons set forth below, this Plan Processor would provide CAT requirements in the CAT NMS Plan Order grants the Participants’ request for Reporters the tools and/or technology to pursuant to Section 36 of the Securities transform SSNs into interim values.19 3 Exchange Act (‘‘Exchange Act’’) and January 29, 2020 Exemption Request at 4–5. For This transformed value, and not the Rule 608(e) of Regulation NMS.4 purposes of the January 29, 2020 Exemption SSN, would be submitted to a separate Specifically, the Participants seek Request, the term ‘‘CCID’’ and ‘‘CAT Customer-ID’’ system within the CAT (‘‘CCID exemptive relief from Section means the ‘‘Customer-ID’’ under the CAT NMS Subsystem’’).20 The CCID Subsystem Plan. 6.4(d)(ii)(C) and Appendix D, Sections 6 ‘‘Industry Member’’ means ‘‘a member of a 4.1.6, 6.2, 8.1.1, 8.2, 9.1, 9.2, 9.4, 10.1, national securities exchange or a member of a 12 See January 29, 2020 Exemption Request at 4. and 10.3 of the CAT NMS Plan (1) to national securities association.’’ See CAT NMS 13 See January 29, 2020 Exemption Request at 4. allow for an alternative approach to Plan, Article I, Section 1.1. 14 ‘‘Plan Processor’’ means ‘‘the Initial Plan 7 A ‘‘Customer’’ means ‘‘the account holder(s) of Processor or any other Person selected by the generating a CAT Customer ID Operating Committee pursuant to SEC Rule 613 and 5 the account at a registered broker-dealer originating (‘‘CCID’’) without requiring Industry the order; and any person from whom the broker- Sections 4.3(b)(i) and 6.1, and with regard to the dealer is authorized to accept trading instructions Initial Plan Processor, the Selection Plan, to 1 See letter from the Participants to Vanessa for such account, if different from the account perform the CAT processing functions required by Countryman, Secretary, Commission, dated January holder(s). See CAT NMS Plan, Article I, Section 1.1. SEC Rule 613 and set forth in this Agreement.’’ See 29, 2020 (the ‘‘January 29, 2020 Exemption 8 ‘‘Firm Designed ID’’ means ‘‘a unique identifier CAT NMS Plan, Article I, Section 1.1. Request’’). for each trading account designated by Industry 15 See January 29, 2020 Exemption Request at 4– 2 The CAT NMS Plan was approved by the Members for purposes of providing data to the 5. Commission, as modified, on November 15, 2016. Central Repository, where each such identifier is 16 See January 29, 2020 Exemption Request at 5. See Securities Exchange Act Release No. 79318 unique among all identifiers from any given 17 ‘‘CAT Reporter’’ means ‘‘each national (November 15, 2016), 81 FR 84696 (November 23, Industry Member for each business date.’’ See CAT securities exchange, national securities association 2016). NMS Plan, Article I, Section 1.1. Article VI, Section and Industry Member that is required to record and 3 15 U.S.C. 78mm(a)(1). 6.4(d)(ii)(C) of the CAT NMS Plan requires CAT report information to the Central Repository 4 17 CFR 242.608(e). Reporters (as defined below) to report the Firm pursuant to SEC Rule 613(c).’’ See CAT NMS Plan, 5 The ‘‘Customer-ID’’ means ‘‘with respect to a Designated ID to be reported to the Central Article I, Section 1.1. Only Industry Members customer, a code that uniquely and consistently Repository. would be reporting an interim value. identifies such customer for purposes of providing 9 See January 29, 2020 Exemption Request. Unless 18 See January 29, 2020 Exemption Request at 5. data to the central repository.’’ See CAT NMS Plan, otherwise noted, capitalized terms are used as 19 See January 29, 2020 Exemption Request at 12. Article I, Section 1.1, referring to Rule 613(j)(5). 17 defined in the CAT NMS Plan. 20 In the event that a Customer does not have an CFR 242.613(j)(5). The Participants also use the 10 15 U.S.C. 78mm(a)(1). SSN, the Participants represent that the CAT term ‘‘CCID’’ to refer to ‘‘CAT Customer ID.’’ See 11 17 CFR 242.608(e). Reporter would not be required to submit the
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16153
would then perform a second that perform the CCID transformation national market system.33 The transformation to create the globally and submit it via a machine-to-machine Participants believe that, subject to unique CCID for each Customer that is interface, the Participants state that accurate implementation by CAT unknown to, and not shared with, the there would be ordinary costs associated Reporters, the CCID Alternative will original CAT Reporter.21 According to with installing the transformation logic, have the capability to create a reliable the Participants, the CCID would then but that neither the Plan Processor nor and accurate CCID that is unique for be sent to the customer and account CATLLC would impose any costs on each Customer, and that regulators will information system of the CAT, where it Industry Members.27 The Participants be able to use a unique CCID to track would be linked with the other state that actual costs would depend on orders from any Customer throughout customer and account information.22 the specific Industry Member’s the order’s lifecycle, regardless of what The transformed value would be sent to technology architecture, but would not 28 brokerage account was used to enter the the CAT ‘‘separate and apart from the be anticipated to be significant. 34 other customer and account order. The Participants state that the The Participants note that Industry use of CCIDs would thus enhance the information.’’ 23 The Participants state Members would continue to store security of the Central Repository while that the CCID may then be used by the individual customer 29 SSNs outside the preserving regulatory benefits of the Participants’ regulatory staff and the CAT, as they do currently, and that if a CAT.35 SEC in queries and analysis of CAT Participant’s regulatory staff or the SEC The Participants state that Data.24 needs to obtain a Customer’s SSN because only CCIDs would be stored in The Participants state that there during an investigation, such regulator the Central Repository, rather than would be no cost imposed by the Plan would need to request that information SSNs, the proposed relief would 25 Processor or CATLLC on an Industry from the CAT Reporter (e.g., via a eliminate the risk of having a Member if it uses the CAT Reporter FINRA Rule 8210 request or the comprehensive aggregated source for all Portal to transform an SSN prior to Electronic Blue Sheets).30 However, if a individual Customer SSNs (i.e., the 26 submission. For Industry Members Participant’s regulatory staff or the SEC potential use of illegally obtained SSNs already has an SSN via means other to facilitate identity theft or other transformed value to the CCID Subsystem. See fraud).36 The Participants state that no January 29, 2020 Exemption Request at 5. than the CAT, the Participants state that 21 See January 29, 2020 Exemption Request at 5. the regulator will have the ability to use SSNs would be collected or stored in 31 22 See January 29, 2020 Exemption Request at 5. that SSN to query the CAT. The the CAT, and that instead, only Industry The CAT NMS Plan indicates that ‘‘customer and Participants further state that similar to Members would continue to collect account information’’ is CAT Data that ‘‘includes the process described above, the SSN individual Customer SSNs, as they do PII.’’ See generally CAT NMS Plan, Appendix D, 37 Section 6.2 at D–19. ‘‘PII’’ means ‘‘personally would be transformed into the CCID, currently. The Participants state that identifiable information, including a social security which, in turn, may be used by the the process to create CCIDs using, in number or tax identifier number or similar Participant’s regulatory staff and the part, SSNs would be secure.38 The information; Customer Identifying Information and SEC in queries and analysis of CAT Participants also state that the Customer Account Information.’’ See CAT NMS 32 Plan, Article I, Section 1.1. ‘‘Customer Identifying Data. significant reduction in the risk that Information’’ in turn is defined to mean The Participants state that the information in the CAT could be used ‘‘information of sufficient detail to identify a proposed CCID Alternative is necessary Customer, including, but not limited to, (a) with to facilitate identity theft, achieved by respect to individuals: name, address, date of birth, and appropriate in the public interest, the use of CCIDs, does not compromise individual tax payer identification number and is consistent with the public the regulatory benefits of the CAT.39 (‘‘ITIN’’)/social security number (‘‘SSN’’), interest, the protection of investors, the The Participants state that the CCID individual’s role in the account (e.g., primary maintenance of fair and orderly markets holder, joint holder, guardian, trustee, person with and the removal of impediments to, and the power of attorney); and (b) with respect to legal 33 perfection of the mechanisms of, a See January 29, 2020 Exemption Request at 5. entities: Name, address, Employer Identification 34 See January 29, 2020 Exemption Request at 5– Number (‘‘EIN’’)/Legal Entity Identifier (‘‘LEI’’) or 6. The Participants state that if the Commission other comparable common entity identifier, if sites/default/files/2020-02/IM-Reporter-Portal-User- grants this request for exemptive relief, each applicable; provided, however, that an Industry Guide_11042019.pdf. According to the Participants, Participant will propose to amend its Compliance Member that has an LEI for a Customer must submit Industry Members who use this CAT Reporter Rules consistent with the exemptive relief. See the Customer’s LEI in addition to other information Portal to transform an SSN into the interim value January 29, 2020 Exemption Request at 6, n.17. of sufficient detail to identify a Customer.’’ Id. will incur no cost to perform the transformation. Each Participant is obligated to enforce compliance ‘‘Customer Account Information’’ is generally 27 by its members with such Compliance Rules, defined to ‘‘include, but not be limited to, account See January 29, 2020 Exemption Request at 5. number, account type, customer type, date account 28 See January 29, 2020 Exemption Request at 5. including rules related to implementation of the opened, and large trader identifier (if applicable). 29 See January 29, 2020 Exemption Request at 5. CCID Alternative. Id. ‘‘Compliance Rule’’ means . . .’’ For purposes of the January 29, 2020 Both ‘‘customer’’ and ‘‘Customer’’ are used by the ‘‘with respect to a Participant, the rule(s) Exemption Request, the ‘‘customer and account Participants in the January 29, 2020 Exemption promulgated by such Participant as contemplated information system of the CAT’’ refers to the Request. The Commission assumes, for purposes of by Section 3.11.’’ See CATNMS Plan, Article I, database that contains PII, as defined in the Plan. this Order, that the Participants intended the term Section 1.1. Section 3.11 of the Plan states that 23 See January 29, 2020 Exemption Request at 6. ‘‘Customer’’ as defined in the CAT NMS Plan; ‘‘[e]ach Participant shall comply with and enforce compliance, as required by SEC Rule 608(c), by its 24 See January 29, 2020 Exemption Request at 5. however, in Section II of this Order, the Industry Members with the provisions of SEC Rule 25 ‘‘CATLLC’’ refers to the limited liability Commission reflects the terms used in the January 29, 2020 Exemption Request. 613 and of this Agreement, as applicable, to the company, set forth in the Limited Liability Participant and its Industry Members. The Company Agreement of Consolidated Audit Trail, 30 Pursuant to the CCID Alternative, because SSNs Participants shall endeavor to promulgate LLC, formed by the Participants to conduct the would no longer be reported to or collected by the consistent rules (after taking into account activities related to CAT. See Securities Exchange CAT, regulatory staff would only be able to obtain circumstances and considerations that may impact Act Release No. 87149 (September 27, 2019); 84 FR an individual’s SSN associated with a(n) CCID by Participants differently) requiring compliance by 52905 (October 3, 2019). submitting a request for such SSN to the CAT their respective Industry Members with the 26 See January 29, 2020 Exemption Request at 5. Reporter that retains the SSN. Data provided via Electronic Blue Sheets, or EBS data, is provided provisions of SEC Rule 613 and this Agreement.’’ The ‘‘CAT Reporter Portal’’ is the ‘‘Industry Id. at Article III, Section 3.11. Member CAT Reporter Portal’’ which is a web- pursuant to Rule 17a–25 under the Act, and 35 See January 29, 2020 Exemption Request at 6. based tool provided by the Plan Processor to CAT includes certain detailed execution information, 36 Reporters that allows CAT Reporters to monitor and including the SSN of a Customer. See 17 CFR See January 29, 2020 Exemption Request at 6. manage data submissions to CAT. See ‘‘Industry 240.17a-25. 37 See January 29, 2020 Exemption Request at 6. Member CAT Reporter Portal User Guide’’ dated 31 See January 29, 2020 Exemption Request at 5. 38 See January 29, 2020 Exemption Request at 6. November 4, 2019, v. 1.0. https://catnmsplan.com/ 32 See January 29, 2020 Exemption Request at 5. 39 See January 29, 2020 Exemption Request at 6.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16154 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Subsystem is subject to the security Under this proposal, or the Modified PII Eligible Securities 54 in the U.S. provisions of the CAT NMS Plan.40 Approach, dates of birth and account securities markets in the CAT.55 The The Participants believe that numbers for natural persons would not Participants noted the statements made eliminating the retention of SSNs in the be reported to the CAT and therefore by Chairman Clayton, members of CAT would not have an adverse impact would not be stored in the CAT.47 The Congress and the broker-dealer on the effective operation of the CAT.41 Participants state that similar to SSNs, community regarding the importance of The Participants recognize, however, this information is particularly sensitive evaluating the collection of information that the elimination of the collection of from a security perspective and should into the CAT.56 The Participants state SSNs would cause CAT Reporters to not be included in the CAT (i.e., the that the Operating Committee of the assume a critical role in the accurate Participants believe that such CAT shares these security concerns and generation of CCIDs.42 The Participants information, if illegally obtained, could noted that they formed a PII Working state that to mitigate the potential risk be used to facilitate identity theft or Group 57 to research and recommend to the integrity of the CCID values other fraud).48 The Participants potential alternatives regarding the ultimately assigned to Customer records represent that the Modified PII handling of PII, including SSNs.58 After in the CAT, the Participants, working Approach has been discussed with the considering various alternatives, the PII with the Plan Processor, will consider Advisory Committee.49 Working Group ultimately methods for detecting errors in the The Participants believe that the recommended the CCID Alternative to transformed values submitted by CAT Modified PII Approach is necessary and the Operating Committee of the CAT.59 Reporters, such as through validation appropriate in the public interest, and is processes and/or testing of accounts, as consistent with the public interest, the III. Request for Relief well as methods that may be identified protection of investors, the maintenance In order to implement the CCID by functionality supporting the Error of fair and orderly markets and the Alternative and Modified PII Approach, Resolution for the Customer Data removal of impediments to, and the Participants request that the requirement in Section 9.4 of Appendix perfection of the mechanisms of, a Commission grant exemptive relief from D of the CAT NMS Plan.43 The national market system.50 The the following sections of the CAT NMS Participants represent that the Plan Participants believe that by eliminating Plan as set forth below: Processor is currently exploring dates of birth and account numbers from • potential validation checks that could the CAT, the proposed relief would Section 6.4(d)(ii)(C) of the CAT be performed upon submission by an significantly reduce the risk profile of NMS Plan which requires Industry Industry Member of an initial CCID, data collected and stored in the CAT by Members, through the SRO CAT such as ensuring the value submitted is eliminating the PII data elements that compliance rules, to record and report within an expected range of values.44 would support attempted identity to the Central Repository for the original The Participants state that such a theft.51 In addition, the Participants receipt of an order, SSNs, dates of birth, validation check would help identify state that the elimination of dates of and account numbers for individuals. transformation errors (e.g., birth and account numbers for The Participants request relief from the transformation resulted in an invalid or individuals would not compromise the requirement in Section 6.4(d)(ii)(C) that malformed SSN), but it would not regulatory benefits of the CAT, Industry Members, through their ensure that the correct SSN for a including the ability of regulators to Compliance Rules record and report to specific customer was used for the identify Customers and their related the Central Repository for the original transformation.45 The Participants state trading activity.52 The Participants state receipt of an order, SSNs, dates of birth, that, in consultation with the working that instead of reporting dates of birth and account numbers for individuals. In group of industry members that and account numbers for individuals, place of reporting SSNs, dates of birth, developed the CCID Alternative, they CAT Reporters would report to the CAT and account numbers, the Participants believe that the value of eliminating the year of birth and Firm Designated IDs will require Industry Members, through need for CAT Reporters to transmit for accounts for individuals.53 their Compliance Rules, to report to the SSNs to the CAT exceeds the potential The Participants state that the Central Repository a transformed value increased risk to the integrity of CCID Participants, Industry Members, and for the SSN, year of birth, and the Firm assignments.46 others have raised concerns regarding As set forth in the January 29, 2020 the security risk of having personally 54 ‘‘Eligible Securities’’ means ‘‘(a) all NMS Exemption Request, the Participants identifying Customer information in the Securities and (b) all OTC Equity Securities.’’ See also state that in light of security CAT for individual Customers of every CAT NMS Plan, Article I, Section 1.1. ‘‘NMS Securities’’ is defined as ‘‘any security or class of concerns raised with regard to the securities brokerage account involving securities for which transaction reports are maintenance of Customer information in collected, processed, and made available pursuant the CAT, the Participants also propose 47 See January 29, 2020 Exemption Request at 7. to an effective transaction reporting plan, or an to eliminate dates of birth and account 48 See January 29, 2020 Exemption Request at 7. effective national market system plan for reporting numbers for individuals from the CAT. 49 See January 29, 2020 Exemption Request at 7. transactions in Listed Options.’’ Id. ‘‘OTC Equity According to the CAT NMS Plan, the Advisory Securities’’ is defined as ‘‘any equity security, other Committee ‘‘shall advise the Participants on the than an NMS Security, subject to prompt last sale 40 See January 29, 2020 Exemption Request at 12. implementation, operation, and administration of reporting rules of a registered national securities 41 See January 29, 2020 Exemption Request at 6. the Central Repository, including possible association and reported to one of such 42 See January 29, 2020 Exemption Request at 6. expansion of the Central Repository to other association’s equity trade reporting facilities.’’ Id. 43 See January 29, 2020 Exemption Request at 6. securities and other types of transactions.’’ See CAT 55 See January 29, 2020 Exemption Request at 3. The Plan does not define ‘‘Customer Data’’; NMS Plan, Article IV, Section 4.13(d). 56 See January 29, 2020 Exemption Request at 3 however, Appendix D, Section 9.4 references 50 See January 29, 2020 Exemption Request at 7. and 4. various data elements related to the PII reported 51 See January 29, 2020 Exemption Request at 7. 57 The Participants formed the PII Working Group and collected by the CAT. The Commission 52 See January 29, 2020 Exemption Request at 7. to analyze whether it might be possible to meet the assumes for purposes of the January, 29, 2020 53 See January 29, 2020 Exemption Request at 7. goals of the CAT while capturing less PII than Rule Exemption Request that ‘‘Customer Data’’ refers to The Commission assumes for purposes of this Order 613 currently requires. The PII Working Group was such PII. that the January 29, 2020 Exemption Request seeks composed of representatives from the Participants 44 See January 29, 2020 Exemption Request at 6. relief from the requirement to report all account and the Advisory Committee. 45 See January 29, 2020 Exemption Request at 6. numbers, not limited to account numbers 58 See January 29, 2020 Exemption Request at 4. 46 See January 29, 2020 Exemption Request at 6. individuals. 59 See January 29, 2020 Exemption Request at 4.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16155
Designated ID for accounts for validation process for submitted Firm established error correction timeframe individuals.60 Designated ID, Customer Account as detailed in Section 8.’’ Section 9.4 of • Section 9.1 of Appendix D which Information and Customer Identifying Appendix D also states that the Central requires the CAT to capture and store Information, and must continue to Repository must have an audit trail Customer and Customer Account process orders while investigating showing the resolution of all errors. The Information in a secure database Customer information mismatches,’’ and required audit trail must, at a minimum, physically separated from the that ‘‘[v]alidations should: . . .Confirm include a variety of items including transactional database and that requires the number of digits on a SSN, Confirm ‘‘duplicate SSN, significantly different the following attributes, at a minimum, [sic] dates of birth, and Accommodate Name’’ and ‘‘duplicate SSN, different to be captured: SSN or ITIN and date of [sic] the situation where a single SSN is DOB.’’ The Participants request birth. Section 9.1 of Appendix D also used by more than one individual.’’ If exemptive relief from these error requires the Plan Processor to maintain the Commission grants the requested resolution requirements with regard to valid Customer and Customer Account exemption from the requirement that SSNs, dates of birth and account Information for each trading day. The SSNs, dates of birth, and account numbers of individuals. Instead, the Participants request relief from these numbers for individuals be submitted to Plan Processor will be required to requirements in Section 9.1 of the CAT, no validation process would design and implement an error Appendix D that the CAT capture and be necessary for these elements. The resolution process for CCIDs and years store SSNs, dates of birth, and account Participants request exemptive relief of birth.66 numbers in the CAT.61 In place of SSNs, from the requirement in Section 9.1 of • Section 4.1.6 of Appendix D dates of birth and account numbers, Appendix D for the Plan Processor to requires that PII data not be included in Industry Members will report to the design and implement a robust data the result set(s) from online or direct Central Repository a transformed value validation process with regard to SSNs, query tools, reports or bulk data for the SSN, year of birth and the Firm dates of birth, and account numbers. In extraction, and further requires that Designated ID for accounts of place of validation of SSNs and dates of ‘‘[i]nstead, results will display existing individuals. birth, the Participants state that the Plan non-PII unique identifiers (e.g., • Section 9.1 of Appendix D which Processor will implement a validation Customer-ID or Firm Designated ID).’’ 67 requires the Plan Processor ‘‘provide a process for transformed values In addition, Sections 4.1.6, 8.1.1 and 8.2 method for Participants’ regulatory staff submitted by CAT Reporters to the Plan of Appendix D further state that the ‘‘PII and the SEC to easily obtain historical Processor. The Participants state that corresponding to these identifiers can be changes to [Customer and Customer both the Plan Processor and the Account] information.’’ If the Participants believe the validations in gathered using the PII workflow Commission grants the requested the CAT NMS Plan that require the described in Appendix D, Data Security, exemptions, SSNs, dates of birth, and identification and handling of PII Data Requirements.’’ The PII account numbers for individuals would inconsistencies in Customer information corresponding to the identifiers not be stored within the CAT and, thus, can still be performed as envisioned referenced in this requirement includes Participants’ regulatory staff and the using a CCID rather than an SSN. This SSNs, dates of birth, and account Commission staff would not be able to would include things such as validating numbers for individuals. The obtain historical changes to SSNs, dates that there are not duplicate CCIDs and Participants request exemptive relief of birth and account numbers for significantly different names, and from the requirements in Section 4.1.6, individuals. The Participants request duplicate CCIDs and different year of 8.1.1 and 8.2 to provide regulators with exemptive relief from the requirement births.63 the ability to gather SSNs, dates of birth, in Section 9.1 of Appendix D that the • Section 9.2 of Appendix D which and account numbers that correspond Plan Processor provide a method for requires the Central Repository to accept with CCIDs and Firm Designed IDs. The Participants’ regulatory staff and ‘‘[a]t a minimum, the following Participants state that regulators will Commission staff to obtain historical Customer information data attributes. have the ability to gather years of birth changes to SSNs, dates of birth and . . . : Account Tax Identifier (SSN, TIN, that correspond with CCIDs.68 account numbers. Instead, the ITIN).’’ If the Commission grants the • Section 6.2 of Appendix D which Participants state that the Plan Processor requested exemptions, SSNs would not requires that ‘‘Customer information will manage changes to CCIDs, years of be submitted to the CAT.64 The that includes PII data be available to birth and Firm Designated IDs to Participants request exemptive relief regulators immediately upon receipt of provide a history of such data over from the requirement in Section 9.1 of initial data and corrected data, pursuant time.62 Appendix D for the Central Repository to security policies for retrieving PII.’’ • Section 9.1 of Appendix D which to accept SSNs. Instead, the Central PII under the Plan includes SSNs, dates states that the Plan Processor ‘‘will Repository will accept a transformed of birth, and account numbers as design and implement a robust data value for SSNs.65 defined in Section 1.1 of the CAT NMS • Section 9.4 of Appendix D which Plan. The Participants request 60 See January 29, 2020 Exemption Request at 9. requires the Plan Processor to design exemptive relief from the requirement 61 See January 29, 2020 Exemption Request at 8– 9. and implement procedures and in Section 6.2 of Appendix D to provide 62 See January 29, 2020 Exemption Request at 9. mechanisms to handle both ‘‘minor and regulators with SSNs, dates of birth and The Commission assumes for purposes of this Order material inconsistencies in Customer account numbers. In place of SSNs, that the requirement that the Plan Processor will information.’’ For example, ‘‘[m]aterial dates of birth and account numbers the ‘‘manage changes to CCIDs, years of birth and Firm inconsistencies such as two different Designated IDs to provide a history of such data Participants state that years of birth will over time’’ means that Plan Processor will provide people with the same SSN must be be available to regulators immediately a method for Participants’ regulatory staff and communicated to the submitting CAT upon receipt of initial data and Commission staff to easily obtain historical changes Reporters and resolved within the to CCIDs, years of birth and Firm Designated IDs in 66 the same manner as required by the CAT NMS Plan See January 29, 2020 Exemption Request at 10. for Customer and Customer Account information. 63 See January 29, 2020 Exemption Request at 9. 67 See CAT NMS Plan, Appendix D, Section 4.1.6 See CAT NMS Plan, Appendix D, Section 9.1 at D– 64 See January 29, 2020 Exemption Request at 10. at D–14. 33. 65 See January 29, 2020 Exemption Request at 10. 68 See January 29, 2020 Exemption Request at 10.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16156 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
corrected data, pursuant to security itself focuses on the security and national market system. The CCID policies.69 confidentiality of PII. For example, the Alternative minimizes the risk of theft • Section 10.1 of Appendix D which Plan requires that PII be stored of SSNs—the most sensitive piece of requires the ‘‘Plan Processor to provide separately from transaction CAT Data, PII—by allowing the elimination of technical, operational, and business and contains restrictions for accessing SSNs from the CAT, while still support to CAT Reporters for all aspects PII such that that regulators entitled to facilitating the creation of a reliable and of reporting. Such support will include, query transaction CAT Data are not accurate Customer-ID.78 Thus, the CCID at a minimum: . . . [Managing] automatically authorized for PII access Alternative preserves the regulatory Customer and Customer Account under the Plan.73 The Plan explicitly benefit of being able to track a specific Information.’’ The Participants request requires that the process by which a order of a Customer through its entire exemptive relief from Section 10.1 of person becomes entitled for PII access, lifecycle, as originally contemplated by Appendix D that requires the Plan and how they then go about accessing the Plan, without requiring the reporting Process to provide technical, operation PII data, must be documented by the of SSNs by Industry Members and the and business support to CAT Reporter Plan Processor.74 According to the Plan, retention of SSNs by the Plan Processor. with regard to SSNs, dates of birth and access to PII is based on a Role Based SSNs are considered among the most account numbers of individuals. In Access Control model, and follows the sensitive PII that can be exposed in a place of such support requirements with ‘‘least privileged’’ practice of limiting data breach.79 Thus, the elimination of regard to SSNs, dates of birth and access as much as possible, and limits SSNs from the CAT may reduce both the account numbers of individuals, the access to PII to a ‘‘need-to-know’’ risk of attracting bad actors and the Participants state that the Plan Processor basis.75 In addition, the Plan requires impact on retail investors in the event will provide technical specifications that all PII data, as with transaction CAT of an incident. and help desk support to CAT Reporters Data, must be encrypted both at-rest and The Modified PII Approach removes with respect to the implementation of in-flight, including archival data storage two additional pieces of sensitive PII— the CCID Alternative and the reporting methods such as tape backup, and account numbers and dates of birth— of years of birth.70 both of which can also be used • prohibits the storage of unencrypted PII Section 10.3 of Appendix D which data.76 The Plan Processor also must perpetrate identify theft against retail requires that ‘‘CAT Help Desk support describe how PII encryption is investors. Reduction of these additional functions must include: .... performed and the key management sensitive PII data elements in the CAT Supporting CAT Reporters with data strategy (e.g., AES–256, 3DES).77 While is expected to further reduce both the submissions and data corrections, all of these safeguards in the CAT NMS attractiveness of the database as a target including submission of Customer and Plan combine to create robust security for hackers and reduce the impact on Customer Account Information.’’ The protections around PII that is reported retail investors in the event of an Participants request exemptive relief to and retained by the CAT, the most incident of unauthorized access and from the requirements of Section 10.3 of secure approach to addressing any piece use. However, certain limited retail Appendix D regarding CAT Help Desk of sensitive retail Customer PII would be customer information will remain in the support function requirements with to eliminate its collection altogether. CAT; specifically, name, address, and regard to SSNs, dates of birth, and The Commission believes that birth year. Having such customer account numbers of individuals. In exemptive relief pursuant to Section 36 information remain in the CAT will place of such CAT Help Desk support to allow for the CCID Alternative and allow regulators to identify bad actors who are using retail trading accounts to functions, the Participants state that the the Modified PII approach is perform illegal activity. Finally, CAT Help Desk will provide support to appropriate in the public interest, and is requiring that the birth year of retail CAT Reporters with respect to the consistent with the protection of implementation of the CCID Alternative investor continue to be reported to the 71 investors and additionally that, and the reporting of years of birth. pursuant to Rule 608(e), such relief is 78 The ability to efficiently and accurately identify IV. Discussion consistent with the public interest, the individual Customers will allow regulators to protection of investors, the maintenance establish those that might be responsible for illegal The Commission shares the concerns conduct, or to identify those that might be the raised by market participants, industry of fair and orderly markets and the removal of impediments to, and victim of fraudulent activity. Indeed, one of the representatives and the Participants hallmarks of the CAT is the ability to provide about the importance of only requiring perfection of the mechanisms of, a customer attribution of order and trade activity the necessary Customer and Customer even if such trading activity spans multiple broker- between regulatory staff and non-regulatory staff dealers. Pursuant to the Plan, the identification of account information sufficient to with regard to access and use of data in the central Customers is achieved by the creation and use of achieve regulatory objectives. Since the repository and permit only persons designated by the Customer-ID, a code that uniquely and inception of the CAT, the Commission plan sponsors to have access to the data in the consistently identifies every Customer. The Commission continues to believe, as it did when it has been focused on the security and central repository. Rule 613(e)(4)(i)(C) also requires that the Plan Processor develop and maintain a approved the Plan, that the ability to link the full treatment of PII, which is defined in the comprehensive information security program for life cycle of every order as that order travels across CAT NMS Plan.72 Additionally, the Plan the central repository, with dedicated staff, that is broker-dealers and market centers to a specific subject to regular reviews by the Chief Compliance Customer through the use of a Customer-ID will greatly facilitate the regulatory and surveillance 69 Officer; have a mechanism to confirm the identity See January 29, 2020 Exemption Request at 11. efforts of regulators. For the Commission in 70 See January 29, 2020 Exemption Request at 11. of all persons permitted to access the data; and maintain a record of all instances where such particular, this ability to identify a Customer 71 See January 29, 2020 Exemption Request at 11. persons access the data. through the use of a CCID will also facilitate the 72 For example, Rule 613(e)(4)(i)(A) requires Commission’s efforts in the areas of market 73 See CAT NMS Plan at Appendix D, Section policies and procedures to ensure the security and reconstruction, market analysis and rule-making 4.1.6. confidentiality of all information reported to the support. Indeed, in the Commission’s view, without 74 central repository by requiring that the Participants See CAT NMS Plan at Appendix D, Section the Customer-ID, the value and usefulness of the and their employees agree to use appropriate 4.1.6. CAT would be significantly diminished. 75 safeguards to ensure the confidentiality of such data See CAT NMS Plan at Appendix D, Section 79 See Identify Theft Resource Center 2018 End of and agree not to use such data for any purpose other 4.1.6; see also CAT NMS Plan at Appendix C, C– Year Breach Report, pg. 13, https:// than surveillance and regulatory purposes. Rule 35. www.idtheftcenter.org/wp-content/uploads/2019/ 613(e)(4)(i)(B) requires the Participants adopt and 76 See CAT NMS Plan, Appendix D, Section 4.1.2. 02/ITRC_2018-End-of-Year-Aftermath_FINAL_V2_ enforce rules that require information barriers 77 See CAT NMS Plan, Appendix D, Section 4.1.2. combinedWEB.pdf.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16157
CAT will also permit regulators to use CAT NMS Plan, subject to the statements may be examined at the CAT data to protect senior investors and conditions set forth above. places specified in Item IV below. The identify other types of fraudulent By the Commission. Exchange has prepared summaries, set activity that may target certain age J. Matthew DeLesDernier, forth in sections A, B, and C below, of demographics. the most significant aspects of such Assistant Secretary. statements. Based on the foregoing, the [FR Doc. 2020–05935 Filed 3–19–20; 8:45 am] Commission is granting conditional BILLING CODE 8011–01–P A. Self-Regulatory Organization’s exemptive relief from Section Statement of the Purpose of, and 6.4(d)(ii)(C) and Appendix D, Sections Statutory Basis for, the Proposed Rule 4.1.6, 6.2, 8.1.1, 8.2, 9.1, 9.2, 9.4, 10.1, SECURITIES AND EXCHANGE Change and 10.3 of the CAT NMS Plan (1) COMMISSION related to SSNs to allow for the 1. Purpose implementation of the CCID Alternative; [Release No. 34–88390; File No. SR–Phlx– The Exchange proposes to amend 2020–07] and (2) related to dates of birth and Options 3, Section 7, ‘‘Electronic account numbers to allow for the Self-Regulatory Organizations; Nasdaq Acceptance of Quotes and Orders,’’ implementation of the Modified PII PHLX LLC; Notice of Filing and Options 3, Section 14, ‘‘Complex Approach. Immediate Effectiveness of Proposed Orders,’’ Options 8, Section 17, This order granting Exemptive Relief Rule Change to Amendments to ‘‘Limitations on Members’ Trading is conditioned upon the implementation Complex Orders Because of Customers’ Orders’’ and of the CCID Alternative and the Options 8, Section 32, ‘‘Certain Types of Modified PII Approach in a manner March 16, 2020. Floor-Based (Non-System) Orders consistent with the January 29, 2020 Pursuant to Section 19(b)(1) of the Defined.’’ Each change is described Exemption Request, including each of Securities Exchange Act of 1934 below. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the representations made and Options 3, Section 7 and Options 8, notice is hereby given that on March 4, conditions included in the January 29, Section 32 2020 Exemption Request with regard to 2020, Nasdaq PHLX LLC (‘‘Phlx’’ or the CCID Alternative and the Modified ‘‘Exchange’’) filed with the Securities The Exchange proposes to amend PII Approach. and Exchange Commission (‘‘SEC’’ or Options 3, Section 7, titled ‘‘Electronic ‘‘Commission’’) the proposed rule Acceptance of Quotes and Orders’’ and This order granting Exemptive Relief change as described in Items I and II Options 8, Section 32, titled ‘‘Certain also is conditioned upon the following: below, which Items have been prepared Types of Floor-Based (Non-System) (1) The Process described in the by the Exchange. The Commission is Orders Defined’’ to complete the list of January 29, 2020 Exemption Request, publishing this notice to solicit Order Types available for trading on the Section D.9(5) will support the efficient comments on the proposed rule change Exchange by referencing currently and accurate conversion of multiple from interested persons. available Complex Order types. Options SSNs at the same time into their 3, Section 7(b) currently lists all order corresponding CCIDs. The Commission I. Self-Regulatory Organization’s types that may be electronically believes this condition is appropriate in Statement of the Terms of Substance of submitted to the System. Options 8, order to promote efficiency when a the Proposed Rule Change Section 32(a) currently lists all order regulator obtains multiple SSNs from The Exchange proposes to amend types that may be utilized on the trading other sources; Options 3, Section 7, ‘‘Electronic floor. The Exchange lists all simple (2) The Participants shall ensure the Acceptance of Quotes and Orders,’’ order types in both Options 3, Section timeliness, accuracy, completeness, and Options 3, Section 14, ‘‘Complex 7(b) and Options 8, Section 32(a), but integrity of the interim value, and shall Orders,’’ Options 8, Section 17, these lists do not include Complex ensure the accuracy and overall ‘‘Limitations on Members’ Trading Orders which are currently described performance of the CCID Alternative Because of Customers’ Orders’’ and within Options 3, Section 14, titled process and the CCID Subsystem to Options 8, Section 32, ‘‘Certain Types of ‘‘Complex Orders.’’ The Exchange support the creation of a global Floor-Based (Non-System) Orders proposes to amend Options 3, Section Customer-ID that uniquely identifies Defined.’’ 7(b) and Options 8, Section 32(a) to each Customer; and The text of the proposed rule change simply reference that a Complex Order (3) The Participants must assess the is available on the Exchange’s website at is as described in Options 3, Section 3 overall performance and design of the http://nasdaqphlx.cchwallstreet.com/, 14(a)(i). The Exchange also proposes to CCID Alternative process and the CCID at the principal office of the Exchange, amend these rules to simply reference Subsystem as part of each annual and at the Commission’s Public that a Stock-Option Order is as Regular Written Assessment of the Plan Reference Room. 3 Options 3, Section 14(a)(i) provides, ‘‘a Complex Processor, as required by Article VI, II. Self-Regulatory Organization’s Order is an order involving the simultaneous Section 6.6(b)(i)(A). Statement of the Purpose of, and purchase and/or sale of two or more different Accordingly, it is hereby ordered, Statutory Basis for, the Proposed Rule options series in the same underlying security, pursuant to Section 36 and Rule 608(e) Change priced as a net debit or credit based on the relative prices of the individual components, for the same 80 of the Exchange Act, that the In its filing with the Commission, the account, for the purpose of executing a particular Commission grants the Participants’ Exchange included statements investment strategy. With respect to Mini Options, request for exemptive relief, as set forth a Complex Order is an order involving the concerning the purpose of and basis for simultaneous purchase and/or sale of two or more in the January 29, 2020 Exemption the proposed rule change and discussed different Mini Options series in the same Request, from Section 6.4(d)(ii)(C) and any comments it received on the underlying security, priced as a net debit or credit Appendix D, Sections 4.1.6, 6.2, 8.1.1, proposed rule change. The text of these based on the relative prices of the individual 8.2, 9.1, 9.2, 9.4, 10.1, and 10.3 of the components, for the same account, for the purpose of executing a particular investment strategy. Mini 1 15 U.S.C. 78s(b)(1). Options may only be part of a Complex Order that 80 17 CFR 242.608(e). 2 17 CFR 240.19b–4. includes other Mini Options.’’
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16158 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
described in Options 3, Section current rules at Options 3, Section the various types of orders that may be 14(a)(i).4 14(b)(v). transacted both electronically in the The Exchange believes that adding System and on the Exchange’s trading Options 8, Section 17 reference to Complex Orders and Stock- floor. Option Orders to Options 3, Section 7(b) The Exchange proposes to delete the and Options 8, Section 32(a) will make current rule at Options 8, Section 17, Options 3, Section 14 ‘‘Limitations on Members’ Trading clear to market participants the various The Exchange’s proposal to restore Because of Customers’ Orders.’’ The types of orders that may be transacted inadvertently deleted rule text within Exchange notes that this rule describes both electronically in the System and on Options 3, Section 7(f) and Section a prohibition against trading ahead of the Exchange’s trading floor. 14(b)(v) from a Prior Rule Change will Customer Orders. The Exchange correct Phlx’s rules to reflect previously Options 3, Section 14 currently has such a prohibition within adopted rule text that was inadvertently The Exchange recently relocated its its rules at General 9, Section 1(a) which omitted when it adopted its shell Rulebook into a new Rulebook Shell.5 provides, ‘‘Prohibition Against Trading Rulebook as explained above.9 Prior to that relocation, the Exchange Ahead of Customer Orders. Phlx filed a rule proposal 6 which adopted members and persons associated with a Options 8, Section 17 rule text within Phlx Rule 1080(f), member shall comply with FINRA Rule which stated, ‘‘Orders may not be 5320 as if such Rule were part of Phlx’s The Exchange’s proposal to delete the unbundled, nor may a firm solicit a rules.’’ The Exchange notes that General current rule at Options 8, Section 17, customer to unbundle an order for this 9, Section 1 applies to all Phlx members ‘‘Limitations on Members’ Trading purpose.’’ The Phlx Rulebook including members transacting options Because of Customers’ Orders’’ is Relocation Rule Change inadvertently on the trading floor. The Exchange consistent with the Act because this rule removed the rule text in the Prior Rule believes that Options 8, Section 17 is is redundant. General 9, Section 1(a) Change at Rule 1080(f). At this time, the redundant because a trading ahead and Options 8, Section 17 both contain Exchange proposes to restore the Rule prohibition already exists in the Rules a prohibition against trading ahead of 1080(f) rule text within its current rules and applies to the options trading floor. Customer Orders. The Exchange at Options 3, Section 7(f). Similarly, the The Exchange proposes to reserve proposes to delete the redundant rule Exchange inadvertently deleted rule text Options 8, Section 17. text within Options 8, Section 17. The within the Prior Rule Change at Rule rule text within General 9, Section 1 1098(b)(v), which stated ‘‘Complex 2. Statutory Basis applies to all Phlx members, including Orders may be submitted as: All-or- The Exchange believes that its members transacting options on the None Orders, Cancel-Replacement proposal is consistent with Section 6(b) trading floor. The deletion of Options 8, Orders, Directed Orders, Limit Orders or of the Act,7 in general, and furthers the Section 17 is a non-substantive Market Orders as those terms are objectives of Section 6(b)(5) of the Act,8 amendment to eliminate redundancy defined in Rule 1080(b).’’ At this time, in particular, in that it is designed to within the rules. the Exchange proposes to restore the promote just and equitable principles of Rule 1098(b)(v) rule text within its trade and to protect investors and the B. Self-Regulatory Organization’s public interest by amending its rules to Statement on Burden on Competition 4 Options 3, Section 14(a)(i) provides, ‘‘Except provide greater transparency. respecting Mini Options, a Complex Order can also The Exchange does not believe that be a stock-option order, which is an order to buy Options 3, Section 7 and Options 8, the proposed rule change will impose or sell a stated number of units of an underlying Section 32 an unnecessary burden on intra-market security (stock or Exchange Traded Fund Share competition as explained below. (‘‘ETF’’)) coupled with the purchase or sale of The Exchange’s proposal to amend options contract(s). The underlying security must Options 3, Section 7, titled ‘‘Electronic Options 3, Section 7 and Options 8, be the deliverable for the options component of that Acceptance of Quotes and Orders’’ and Section 32 Complex Order and represent exactly 100 shares per option for regular way delivery. Stock-option Options 8, Section 32, titled ‘‘Certain orders can only be executed against other stock- Types of Floor-Based (Non-System) The Exchange’s proposal to amend option orders and cannot be executed by the System Orders Defined’’ to complete the list of Options 3, Section 7, titled ‘‘Electronic against orders for the individual components. Order Types by referencing existing Acceptance of Quotes and Orders’’ and Member organizations may only submit Complex Options 8, Section 32, titled ‘‘Certain Orders with a stock/ETF component if such orders Complex Order types is consistent with comply with the Qualified Contingent Trade the Act. Options 3, Section 7(b) Types of Floor-Based (Non-System) Exemption from Rule 611(a) of Regulation NMS. currently lists all order types that may Orders Defined’’ to complete the list of Member organizations submitting such Complex be electronically submitted to the Order Types by referencing Complex Orders with a stock/ETF component represent that Order types, which are currently such orders comply with the Qualified Contingent System. Options 8, Section 32(a) Trade Exemption. Members of FINRA or The currently lists all order types that may described in Options 3, Section 14(a)(i), Nasdaq Stock Market (‘‘Nasdaq’’) are required to be utilized on the trading floor. does not impose an undue burden on have a Uniform Service Bureau/Executing Broker However, these lists do not include inter-market or intra-market Agreement (‘‘AGU’’) with Nasdaq Execution competition. The Exchange is Services, LLC (‘‘NES’’) in order to trade Complex Complex Orders which are described Orders containing a stock/ETF component; firms within Options 3, Section 14, titled referencing Complex Orders and Stock- that are not members of FINRA or Nasdaq are ‘‘Complex Orders.’’ The Exchange Options Orders within Options 3, required to have a Qualified Special Representative believes amending Options 3, Section Section 14(a)(i) within the Options 3, (‘‘QSR’’) arrangement with NES in order to trade Section 7(b) and Options 8, Section Complex Orders containing a stock/ETF 7(b) and Options 8, Section 32(a) to component.’’ reference Complex Orders and Stock- 32(a) lists of order types for greater 5 See Securities Exchange Act Release No. 88213 Option Orders, which are currently transparency as to the various types of (February 14, 2020), 85 FR 9859 (February 20, 2020) described in Options 3, Section 14(a)(i), orders that may be transacted both (SR–Phlx–2020–03) (‘‘Phlx Rulebook Relocation will make clear to market participants electronically in the System and on the Rule Change’’). Exchange’s trading floor. 6 See Securities Exchange Act Release No. 87691 (December 9, 2019), 84 FR 68197 (December 13, 7 15 U.S.C. 78f(b). 2019) (SR–Phlx–2019–52) (‘‘Prior Rule Change’’). 8 15 U.S.C. 78f(b)(5). 9 See notes 5 and 6 above.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16159
Options 3, Section 14 A proposed rule change filed under the purposes of the Act. If the Rule 19b–4(f)(6) 14 normally does not Commission takes such action, the The Exchange’s proposal to restore become operative for 30 days after the Commission shall institute proceedings inadvertently deleted rule text within date of the filing. However, pursuant to to determine whether the proposed rule Options 3, Section 7(f) and Section Rule 19b–4(f)(6)(iii),15 the Commission change should be approved or 14(b)(v) does not impose an undue may designate a shorter time if such disapproved. burden on inter-market or intra-market action is consistent with the protection IV. Solicitation of Comments competition, rather restoring the rule of investors and the public interest. The text will correct the current Phlx Rules Exchange has asked the Commission to Interested persons are invited to to reflect previously adopted rule text, waive the 30-day operative delay so that submit written data, views, and as explained herein. the proposed rule change may become arguments concerning the foregoing, Options 8, Section 17 operative immediately. The Exchange including whether the proposed rule believes that the proposal to amend change is consistent with the Act. The Exchange’s proposal to delete the Options 3, Section 7, titled ‘‘Electronic Comments may be submitted by any of current rule at Options 8, Section 17, Acceptance of Quotes and Orders’’ and the following methods: ‘‘Limitations on Members’ Trading Options 8, Section 32, titled ‘‘Certain Electronic Comments Because of Customers’ Orders’’ does not Types of Floor-Based (Non-System) impose an undue burden on inter- Orders Defined’’ to include Complex • Use the Commission’s internet market or intra-market competition. A Orders and Stock-Options Orders, comment form (http://www.sec.gov/ prohibition against trading ahead of which are described within Options 3, rules/sro.shtml); or Customer Orders, is currently contained Section 14, will make clear to market • Send an email to rule-comments@ within General 9, Section 1(a) and participants the various types of orders sec.gov. Please include File Number SR– applies to all Phlx members, including that may be transacted both Phlx–2020–07 on the subject line. members transacting business on the electronically in the System and on the Paper Comments trading floor. The deletion of Options 8, Exchange’s trading floor. The Exchange Section 17 is a non-substantive also notes that the proposal to restore • Send paper comments in triplicate amendment to avoid redundancy within inadvertently deleted rule text from a to Secretary, Securities and Exchange the rules. Prior Rule Change within Options 3, Commission, 100 F Street NE, C. Self-Regulatory Organization’s Section 7(f) and Section 14(b)(v) will Washington, DC 20549–1090. Statement on Comments on the correct the current Phlx Rules to include All submissions should refer to File Proposed Rule Change Received From previously adopted rule text as Number SR–Phlx–2020–07. This file Members, Participants, or Others described above and views this as a number should be included on the non-substantive rule change. In subject line if email is used. To help the No written comments were either addition, the Exchange states that Commission process and review your solicited or received. deleting Options 8, Section 17, comments more efficiently, please use III. Date of Effectiveness of the ‘‘Limitations on Members’ Trading only one method. The Commission will Proposed Rule Change and Timing for Because of Customers’ Orders’’ is a non- post all comments on the Commission’s Commission Action substantive amendment designed to internet website (http://www.sec.gov/ eliminate a redundant prohibition in rules/sro.shtml). Copies of the The Exchange has filed the proposed Phlx’s Rules, and notes that a submission, all subsequent rule change pursuant to Section prohibition against trading ahead of amendments, all written statements 19(b)(3)(A)(iii) of the Act 10 and Rule Customer Orders on the options floor is with respect to the proposed rule 19b–4(f)(6) thereunder.11 Because the currently contained within General 9, change that are filed with the proposed rule change does not: (i) Section 1(a) and applies to all Phlx Commission, and all written Significantly affect the protection of members, including members communications relating to the investors or the public interest; (ii) transacting business on the trading proposed rule change between the impose any significant burden on floor. For these reasons, the Commission Commission and any person, other than competition; and (iii) become operative believes that waiver of the 30-day those that may be withheld from the for 30 days from the date on which it operative delay is consistent with the public in accordance with the was filed, or such shorter time as the protection of investors and the public provisions of 5 U.S.C. 552, will be Commission may designate, if interest. Accordingly, the Commission available for website viewing and consistent with the protection of hereby waives the 30-day operative printing in the Commission’s Public investors and the public interest, the delay and designates the proposal Reference Room, 100 F Street NE, proposed rule change has become operative upon filing.16 Washington, DC 20549, on official effective pursuant to Section 19(b)(3)(A) At any time within 60 days of the business days between the hours of of the Act 12 and Rule 19b–4(f)(6) filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the thereunder.13 Commission summarily may filing also will be available for temporarily suspend such rule change if inspection and copying at the principal 10 15 U.S.C. 78s(b)(3)(A)(iii). it appears to the Commission that such office of the Exchange. All comments 11 17 CFR 240.19b–4(f)(6). action is necessary or appropriate in the received will be posted without change. 12 15 U.S.C. 78s(b)(3)(A). public interest, for the protection of Persons submitting comments are 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– investors, or otherwise in furtherance of 4(f)(6)(iii) requires the Exchange to give the cautioned that we do not redact or edit Commission written notice of the Exchange’s intent personal identifying information from to file the proposed rule change, along with a brief 14 17 CFR 240.19b–4(f)(6). comment submissions. You should description and text of the proposed rule change, 15 17 CFR 240.19b–4(f)(6)(iii). submit only information that you wish at least five business days prior to the date of filing 16 For purposes only of waiving the 30-day of the proposed rule change, or such shorter time operative delay, the Commission has considered the to make available publicly. All as designated by the Commission. The Exchange proposed rule’s impact on efficiency, competition, submissions should refer to File has satisfied this requirement. and capital formation. See 15 U.S.C. 78c(f). Number SR–Phlx–2020–07, and should
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16160 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
be submitted on or before April 10, proposed rule change. The text of these higher rebates or reduced fees where 2020. statements may be examined at the certain volume criteria and thresholds For the Commission, by the Division of places specified in Item IV below. The are met. Tiered pricing provides an Trading and Markets, pursuant to delegated Exchange has prepared summaries, set incremental incentive for Members to authority.17 forth in sections A, B, and C below, of strive for higher tier levels, which J. Matthew DeLesDernier, the most significant aspects of such provides increasingly higher benefits or Assistant Secretary. statements. discounts for satisfying increasingly [FR Doc. 2020–05843 Filed 3–19–20; 8:45 am] more stringent criteria. A. Self-Regulatory Organization’s For example, the Exchange currently BILLING CODE 8011–01–P Statement of the Purpose of, and offers two Market Maker Non-Penny Statutory Basis for, the Proposed Rule Pilot Add Volume Tiers under footnote Change SECURITIES AND EXCHANGE 7 of the fee schedule which provides COMMISSION 1. Purpose enhanced rebates between $0.45 and The Exchange proposes to amend its $0.54 per contract for qualifying Market [Release No. 34–88392; File No. SR– Maker orders which meet certain add CboeBZX–2020–023] fee schedule for its equity options platform (‘‘BZX Options’’), effective liquidity thresholds and yield fee code NM.5 Under the current Market Maker Self-Regulatory Organizations; Cboe March 2, 2020.3 Non-Penny Pilot Add Volume Tiers, a BZX Exchange, Inc.; Notice of Filing The Exchange first notes that it Member receives an enhanced rebate and Immediate Effectiveness of a operates in a highly competitive market between $0.45 and $0.54 per contract Proposed Rule Change Relating To in which market participants can where the Member has an ADAV 6 in Amend Its Fee Schedule readily direct order flow to competing venues if they deem fee levels at a Market Maker orders greater or equal to 7 March 16, 2020. particular venue to be excessive or a specified percentage of OCV (Tiers Pursuant to Section 19(b)(1) of the incentives to be insufficient. More 1–2). The Exchange now proposes to Securities Exchange Act of 1934 (the specifically, the Exchange is only one of adopt a new Market Maker Non-Penny ‘‘Act’’),1 and Rule 19b–4 thereunder,2 16 options venues to which market Pilot Add Volume Tier, ‘‘Tier 3’’. notice is hereby given that on March 10, participants may direct their order flow. The Exchange believes the proposed 2020, Cboe BZX Exchange, Inc. (the Based on publicly available information, Market Maker Non-Penny Pilot Add ‘‘Exchange’’ or ‘‘BZX’’) filed with the no single options exchange has more Volume Tier will provide Members an Securities and Exchange Commission than 17% of the market share and additional opportunity to receive an (the ‘‘Commission’’) the proposed rule currently the Exchange represents only enhanced rebate for meeting the change as described in Items I, II, and 9% of the market share.4 Thus, in such corresponding proposed criteria. The III below, which Items have been a low-concentrated and highly Exchange believes the proposed tier, prepared by the Exchange. The competitive market, no single options along with the existing tiers, also Commission is publishing this notice to exchange, including the Exchange, provide an incremental incentive for solicit comments on the proposed rule possesses significant pricing power in Members to strive for the highest tier change from interested persons. the execution of option order flow. The levels, which provide increasingly Exchange believes that the ever-shifting higher rebates for such transactions. I. Self-Regulatory Organization’s market share among the exchanges from Particularly, the Exchange proposes to Statement of the Terms of Substance of month to month demonstrates that add new Market Maker Non-Penny Pilot the Proposed Rule Change market participants can shift order flow, Add Volume Tier 3, which would Cboe BZX Exchange, Inc. (the or discontinue to reduce use of certain provide an enhanced rebate of $0.86 per ‘‘Exchange’’ or ‘‘BZX’’) is filing with the categories of products, in response to fee contract where a Member (i) has an Securities and Exchange Commission changes. Accordingly, competitive ADAV in Market Maker orders greater (‘‘Commission’’) a proposed rule change forces constrain the Exchange’s than or equal to 1.00% of the average to amend its Fee Schedule. The text of transaction fees, and market participants OCV; and (ii) has an ADAV in Market the proposed rule change is provided in can readily trade on competing venues Maker Non-Penny Pilot orders of greater Exhibit 5. if they deem pricing levels at those than or equal to 0.20% of the average The text of the proposed rule change other venues to be more favorable. The OCV. As such, under the proposed Tier, is also available on the Exchange’s Exchange’s fee schedule sets forth the Exchange is adopting an additional website (http://markets.cboe.com/us/ standard rebates and rates applied per threshold that Members must meet in equities/regulation/rule_filings/bzx/), at contract. For example, the Exchange addition to the standard ADAV in the Exchange’s Office of the Secretary, assesses a standard rebate of $0.29 per Market Maker orders threshold. and at the Commission’s Public contract for Market Maker orders that Reference Room. add liquidity in Penny Pilot Securities 5 Orders yielding fee code NM are Market Maker orders that add liquidity in Non-Penny Pilot II. Self-Regulatory Organization’s and a standard rebate of $0.40 per securities. Statement of the Purpose of, and contract in Non-Penny Pilot Securities. 6 ‘‘ADAV’’ means average daily added volume Statutory Basis for, the Proposed Rule Additionally, in response to the calculated as the number of contracts added, competitive environment, the Exchange ‘‘ADRV’’ means average daily removed volume Change also offers tiered pricing which provides calculated as the number of contracts removed, and In its filing with the Commission, the ‘‘ADV’’ means average daily volume calculated as Members opportunities to qualify for the number of contracts added or removed, Exchange included statements combined, per day. concerning the purpose of and basis for 3 The Exchange initially filed the proposed fee 7 ‘‘OCC Customer Volume’’ or ‘‘OCV’’ means the the proposed rule change and discussed changes on March 2, 2020 (SR–CboeBZX–2020– total equity and ETF options volume that clears in any comments it received on the 019). On March 10, 2020, the Exchange withdrew the Customer range at the Options Clearing that filing and submitted this filing. Corporation (‘‘OCC’’) for the month for which the 4 See Cboe Global Markets U.S. Options Market fees apply, excluding volume on any day that the 17 17 CFR 200.30–3(a)(12), (59). Volume Summary (February 24, 2020), available at Exchange experiences an Exchange System 1 15 U.S.C. 78s(b)(1). https://markets.cboe.com/us/options/market_ Disruption and on any day with a scheduled early 2 17 CFR 240.19b–4. statistics/. market close.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16161
Particularly, Members must not only value to an exchange’s market quality and Customer 16 orders for liquidity satisfy a higher ADAV threshold in and (ii) associated higher levels of adding volume in Non-Penny Pilot Market Maker orders, but must also market activity, such as higher levels of securities. Additionally a number of satisfy an ADAV threshold in Market liquidity provision and/or growth Market Makers have a reasonable Maker Non-Penny orders in order to patterns. Additionally, as noted above, opportunity to satisfy the tier’s criteria, receive the proposed enhanced rebate. the Exchange operates in highly which the Exchange believe is more The proposed tier is designed to competitive market. The Exchange is stringent than other existing Market encourage a Market Maker’s liquidity only one of several options venues to Maker Non-Penny Pilot Add Volume adding volume in Non-Penny orders, which market participants may direct Tiers. While the Exchange has no way and moreover to encourage Members to their order flow, and it represents a of knowing whether this proposed rule increase their order flow, thereby small percentage of the overall market. change would definitively result in any contributing to a deeper and more liquid Competing options exchanges offer particular Market Maker qualifying for market, which benefits all market similar tiered pricing structures to that the proposed tier, the Exchange participants and provides greater of the Exchange, including schedules of anticipates at least one Market Maker execution opportunities on the rebates and fees that apply based upon Exchange.8 Members achieving certain volume and/ meeting, or being reasonably able to meet, the proposed criteria; however, 2. Statutory Basis or growth thresholds. These competing pricing schedules, moreover, are the proposed tier is open to any Market The Exchange believes that the presently comparable to those that the Maker that satisfies the tier’s criteria. proposed rule change is consistent with Exchange provides, including pricing The Exchange believes the proposed tier Section 6 of the Act,9 in general, and incentives tied to comparable tiers.13 could provide an incentive for other furthers the requirements of Section Moreover, the Exchange believes the Members to submit additional liquidity 6(b)(4),10 in particular, as it is designed proposed Market Maker Non-Penny on the Exchange to qualify for the to provide for the equitable allocation of Pilot Add Volume Tier 3 is a reasonable proposed enhanced rebate. reasonable dues, fees and other charges means to encourage Members to The Exchange lastly notes that the among its facilities and does not increase their liquidity on the Exchange. proposal will not adversely impact any unfairly discriminate between The Exchange believes that adopting a customers, issuers, brokers or dealers. Member’s pricing or their ability to tier with additional criteria to the The Exchange operates in a highly- qualify for other tiers. Rather, should a existing Market Maker Non-Penny Pilot competitive market in which market Member not meet the proposed criteria, Add Volume Tiers will encourage participants can readily direct order the Member will merely not receive the Members to increase their order flow in flow to competing venues if they deem proposed enhanced rebate. Furthermore, Non-Penny securities on the Exchange. fee levels at a particular venue to be the proposed enhanced rebate would Increased liquidity benefits all investors excessive or incentives to be apply to all Members that meet the by deepening the Exchange’s liquidity insufficient. The proposed rule change required criteria under proposed Market pool, offering additional flexibility for reflects a competitive pricing structure Maker Non-Penny Pilot Add Volume all investors to enjoy cost savings, designed to incentivize market Tier 3. supporting the quality of price participants to direct their order flow to discovery, promoting market B. Self-Regulatory Organization’s the Exchange, which the Exchange transparency and improving investor Statement on Burden on Competition believes would enhance market quality protection. The Exchange also believes to the benefit of all Members. The Exchange does not believe that In particular, the Exchange believes that proposed enhanced rebate is reasonable based on the difficulty of the proposed rule change will impose the proposed tier is reasonable because any burden on intramarket or it provides an additional opportunity for satisfying the tier’s criteria and ensures intermarket competition that is not Members to receive a higher rebate by the proposed rebate and threshold necessary or appropriate in furtherance providing additional criteria they can appropriately reflects the incremental of the purposes of the Act. Rather, as reach for. The Exchange notes that difficulty to achieve the existing Market volume-based incentives and discounts Maker Non-Penny Pilot Add Volume discussed above, the Exchange believes have been widely adopted by Tiers. that the proposed change would exchanges,11 including the Exchange,12 The Exchange believes that the encourage the submission of additional and are reasonable, equitable and non- proposal represents an equitable liquidity to a public exchange, thereby discriminatory because they are open to allocation of fees and is not unfairly promoting market depth, price all Members on an equal basis and discriminatory because it applies discovery and transparency and provide additional benefits or discounts uniformly to all Market Makers. Further, enhancing order execution that are reasonably related to (i) the the Exchange offers similar tiered opportunities for all Members. As a pricing to Firm, Broker Dealer, Joint- result, the Exchange believes that the 8 The Exchange notes that similar rebates are Back Office,14 Away Market Maker,15 proposed change furthers the offered on the Nasdaq and MIAX exchanges. Commission’s goal in adopting 9 15 U.S.C. 78f. 13 Supra note 9. Regulation NMS of fostering 10 15 U.S.C. 78f(b)(4). 14 See the Firm, Broker Dealer, and Joint Back 11 See e.g., Cboe EDGX U.S. Options Exchange Office Non-Penny Pilot Add Volume Tiers in the competition among orders, which Fee Schedule, Footnote 2, Market Maker Volume Exchange’s Fee Schedule. Tier 4 offers a rebate of promotes ‘‘more efficient pricing of Tiers, which provide reduced fees between $0.01 up to $0.82 per contract to Members satisfying the and $0.17 per contract for Market Maker Penny and tier. Non-Penny orders where Members meet certain 15 See the Away Market Maker Non-Penny Pilot less difficult than the proposed criteria for a Market volume thresholds. Add Volume Tiers in the Exchange’s Fee Schedule. Maker to satisfy Tier 3. 12 See e.g., Cboe BZX U.S. Options Exchange Fee Tier 2 offers a rebate of up to $0.52 per contract to 16 Schedule, Footnotes 6 and 7, Market Maker Penny Members satisfying the tier. While the tier with the See the Customer Non-Penny Pilot Add Pilot and Non-Penny Pilot Volume Tiers which highest applicable rebate is significantly less than Volume Tiers in the Exchange’s Fee Schedule. The provide enhanced rebates for Market Maker orders the proposed rebate, the required criteria for an applicable tiers offer rebates ranging from $0.92 up where Members meet certain volume thresholds. Away Market Maker to satisfy Tier 2 is significantly to $1.05 per contract.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16162 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
individual stocks for all types of orders, In NetCoalition v. Securities and Electronic Comments large and small.’’ 17 Exchange Commission, the D.C. Circuit • The Exchange believes the proposed stated as follows: ‘‘[n]o one disputes Use the Commission’s internet rule change does impose any burden on that competition for order flow is comment form (http://www.sec.gov/ intramarket competition that is not ‘fierce.’ . . . As the SEC explained, ‘[i]n rules/sro.shtml); or necessary or appropriate in furtherance the U.S. national market system, buyers • Send an email to rule-comments@ of the purposes of the Act. Particularly, and sellers of securities, and the broker- sec.gov. Please include File Number SR– the proposed change applies uniformly dealers that act as their order-routing CboeBZX–2020–023 on the subject line. to market participants. As discussed agents, have a wide range of choices of above, the Exchange believes that Paper Comments where to route orders for execution’; adopting a tier with additional criteria • to the existing Market Maker Non-Penny [and] ‘no exchange can afford to take its Send paper comments in triplicate Pilot Add Volume Tiers will encourage market share percentages for granted’ to Secretary, Securities and Exchange Members to increase their order flow in because ‘no exchange possesses a Commission, 100 F Street NE, Non-Penny securities on the Exchange. monopoly, regulatory or otherwise, in Washington, DC 20549–1090. the execution of order flow from broker Increased liquidity benefits all investors All submissions should refer to File dealers’. . . .’’.20 Accordingly, the by deepening the Exchange’s liquidity Number SR–CboeBZX–2020–023. This pool, offering additional flexibility for Exchange does not believe its proposed file number should be included on the all investors to enjoy cost savings, fee change imposes any burden on subject line if email is used. To help the supporting the quality of price competition that is not necessary or Commission process and review your discovery, promoting market appropriate in furtherance of the comments more efficiently, please use transparency and improving investor purposes of the Act. protection. only one method. The Commission will Next, the Exchange believes the C. Self-Regulatory Organization’s post all comments on the Commission’s proposed rule change does not impose Statement on Comments on the internet website (http://www.sec.gov/ any burden on intermarket competition Proposed Rule Change Received From rules/sro.shtml). Copies of the that is not necessary or appropriate in Members, Participants, or Others submission, all subsequent furtherance of the purposes of the Act. amendments, all written statements As previously discussed, the Exchange The Exchange neither solicited nor with respect to the proposed rule operates in a highly competitive market. received comments on the proposed change that are filed with the Members have numerous alternative rule change. Commission, and all written venues that they may participate on and III. Date of Effectiveness of the communications relating to the director their order flow, including 15 Proposed Rule Change and Timing for proposed rule change between the other options exchanges and off- Commission Action Commission and any person, other than exchange venues. Additionally, the those that may be withheld from the Exchange represents a small percentage The foregoing rule change has become public in accordance with the of the overall market. Based on publicly effective pursuant to Section 19(b)(3)(A) provisions of 5 U.S.C. 552, will be available information, no single options 21 of the Act and paragraph (f) of Rule available for website viewing and exchange has more than 17% of the 19b–4 22 thereunder. At any time within market share.18 Therefore, no exchange printing in the Commission’s Public 60 days of the filing of the proposed rule Reference Room, 100 F Street NE, possesses significant pricing power in change, the Commission summarily may the execution of option order flow. Washington, DC 20549, on official temporarily suspend such rule change if Indeed, participants can readily choose business days between the hours of it appears to the Commission that such to send their orders to other exchange 10:00 a.m. and 3:00 p.m. Copies of the and off-exchange venues if they deem action is necessary or appropriate in the filing also will be available for fee levels at those other venues to be public interest, for the protection of inspection and copying at the principal more favorable. Moreover, the investors, or otherwise in furtherance of office of the Exchange. All comments Commission has repeatedly expressed the purposes of the Act. If the received will be posted without change. its preference for competition over Commission takes such action, the Persons submitting comments are regulatory intervention in determining Commission will institute proceedings cautioned that we do not redact or edit prices, products, and services in the to determine whether the proposed rule personal identifying information from securities markets. Specifically, in change should be approved or comment submissions. You should Regulation NMS, the Commission disapproved. submit only information that you wish highlighted the importance of market IV. Solicitation of Comments to make available publicly. All forces in determining prices and SRO submissions should refer to File revenues and, also, recognized that Interested persons are invited to Number SR–CboeBZX–2020–023 and current regulation of the market system submit written data, views, and should be submitted on or before April ‘‘has been remarkably successful in arguments concerning the foregoing, 10, 2020. promoting market competition in its including whether the proposed rule broader forms that are most important to For the Commission, by the Division of change is consistent with the Act. investors and listed companies.’’ 19 The Trading and Markets, pursuant to delegated fact that this market is competitive has Comments may be submitted by any of authority.23 also long been recognized by the courts. the following methods: J. Matthew DeLesDernier, Assistant Secretary. 17 Securities Exchange Act Release No. 51808, 70 20 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. FR 37495, 37498–99 (June 29, 2005) (S7–10–04) Cir. 2010) (quoting Securities Exchange Act Release [FR Doc. 2020–05842 Filed 3–19–20; 8:45 am] (Final Rule). No. 59039 (December 2, 2008), 73 FR 74770, 74782– BILLING CODE 8011–01–P 18 Supra note 3. 83 (December 9, 2008) (SR–NYSEArca–2006–21)). 19 See Securities Exchange Act Release No. 51808 21 15 U.S.C. 78s(b)(3)(A). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 22 17 CFR 240.19b–4(f). 23 17 CFR 200.30–3(a)(12).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00116 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16163
SECURITIES AND EXCHANGE no comment letters on the proposed rule has filed for protection under any COMMISSION change. The Commission is publishing provision of the federal bankruptcy notice of the filing of Amendment No. laws, or comparable foreign laws, or that [Release No. 34–88389; File No. SR– NASDAQ–2019–089] 1 to solicit comment from interested has announced that liquidation has been persons, and is approving the proposed authorized by its board of directors and Self-Regulatory Organizations; The rule change, as modified by Amendment that it is committed to proceed, as Nasdaq Stock Market LLC; Notice of No. 1, on an accelerated basis. described in Nasdaq Rule 5110(b).12 In both of these situations, under the Filing of Amendment No. 1 and Order II. Description of the Proposal, as proposal, the Company’s securities will Granting Accelerated Approval of a Modified by Amendment No. 1 Proposed Rule Change, as Modified by be suspended from trading on the Amendment No. 1, To Amend Rule Pursuant to Nasdaq Rule 5815, when Exchange during the pendency of the 7 5815 To Preclude Stay During Hearing a Company receives a Staff Delisting Hearings Panel review and will remain 8 Panel Review of Staff Delisting Determination it may request in suspended unless the written Panel 9 Determinations in Certain writing that the Hearings Panel review Decision issued after the hearing Circumstances the matter in a written or an oral determines to reinstate the trading of the hearing. Under existing rules, a timely securities.13 As noted above, this would March 16, 2020. request for a hearing ordinarily will stay be in contrast to the application of the the suspension and delisting action I. Introduction current rules that ordinarily stays the pending the issuance of a written suspension of securities during the On November 27, 2019, The Nasdaq decision from the Hearings Panel pendency of an appeal of a delisting Stock Market LLC (‘‘Nasdaq’’ or 10 (‘‘Panel Decision’’). determination to the Hearings Panel.14 ‘‘Exchange’’) filed with the Securities The Exchange proposes to amend The Exchange stated, among other and Exchange Commission Nasdaq Rule 5815 to preclude the stay things, in support of its proposal to (‘‘Commission’’), pursuant to Section of a Staff Delisting Determination during eliminate the stay upon appeal for 19(b)(1) of the Securities Exchange Act the Hearings Panel review period in two change of control situations that it of 1934 (‘‘Act’’) 1 and Rule 19b–4 specified circumstances. Under the 2 believes because the Company is a new thereunder, a proposed rule change to proposal, a timely request for a hearing business entity that must meet initial amend Nasdaq Rule 5815 regarding will not stay the suspension of the listing standards it should not be traded review of Nasdaq Staff Delisting securities from trading pending the during appeal since the new Company Determinations by Hearings Panels to issuance of a written Panel Decision never established compliance with preclude the stay of trading of a when the Staff Delisting Determination listing standards and that such trading Company’s securities during the review is related to one of the following could then mislead the investing period in specified circumstances. The deficiencies: (i) A Company whose public.15 As to Companies in proposed rule change was published for application for initial listing has not bankruptcy or liquidation, the Exchange comment in the Federal Register on been approved prior to consummation noted, among other things, that it December 17, 2019.3 On January 30, of a transaction whereby the Company believed continued trading during a 2020, pursuant to Section 19(b)(2) of the combines with a non-Nasdaq entity, delisting review by the Hearings Panel Act,4 the Commission designated a resulting in a change of control of the could expose shareholders to increased longer period within which to approve Company and potentially allowing the the proposed rule change, disapprove non-Nasdaq entity to obtain a Nasdaq application for initial listing has not been approved the proposed rule change, or institute listing, as described in Nasdaq Rule prior to consummation of the transaction, Nasdaq proceedings to determine whether to 5110(a) (such a Company is referred to will issue a Staff Delisting Determination. See disapprove the proposed rule change.5 herein as a ‘‘Change of Control Nasdaq Rule 5110(a). See also Notice, supra note 3, 84 FR at 69008. Nasdaq stated that a Company On March 13, 2020, the Exchange filed 11 Company’’); or (ii) a Company that would only be subject to suspension under the Amendment No. 1 to the proposed rule proposal if it does not contest the applicability of change, which superseded and replaced 7 The term ‘‘Company’’ means the issuer of a Rule 5110(a), or if the Hearings Panel has already the proposed rule change in its security listed or applying to list on Nasdaq. See concluded that the rule is applicable, and if the entirety.6 The Commission has received Nasdaq Rule 5005(a)(6). Company does not satisfy the initial inclusion 8 A ‘‘Staff Delisting Determination’’ is a written requirements upon consummation of the determination by the Listing Qualifications transaction. See Notice, supra note 3, 84 FR at 1 15 U.S.C.78s(b)(1). Department to delist a listed Company’s securities 69008, n.9 (referencing Nasdaq FAQ 413, available 2 17 CFR 240.19b–4. for failure to meet a continued listing standard. See at https://listingcenter.nasdaq.com/Material_ 3 See Securities Exchange Act Release No. 87716 Nasdaq Rule 5805(h). Search.aspx?materials=413&mcd=LQ&criteria=2.) (Dec. 11, 2019), 84 FR 69007 (‘‘Notice’’). 9 The ‘‘Hearings Panel’’ is an independent panel 12 See proposed Nasdaq Rule 5815(a)(1)(B)(ii). 4 15 U.S.C. 78s(b)(2). made up of at least two persons who are not Under Nasdaq Rule 5110(b) (Bankruptcy and 5 See Securities Exchange Act Release No. 88090, employees or otherwise affiliated with Nasdaq or its Liquidation), Nasdaq staff may use its discretionary 85 FR 6655 (Feb. 5, 2020). The Commission affiliates, and who have been authorized by the authority under the Rule 5100 Series to suspend or designated March 16, 2020, as the date by which Nasdaq Board of Directors. See Nasdaq Rule terminate the listing of a Company that has filed for the Commission shall approve or disapprove, or 5805(d). protection under any provision of the federal institute proceedings to determine whether to 10 See Nasdaq Rule 5815(a)(1). In the case of a bankruptcy laws or comparable foreign laws, or has disapprove, the proposed rule change. Staff Delisting Determination related to the announced that liquidation has been authorized by 6 In Amendment No. 1, the Exchange removed a requirements to timely file periodic reports with the its board of directors and that it is committed to change proposed in the original filing to remove a Commission, the delisting action is only stayed for proceed, even though the Company’s securities stay where a special purpose acquisition company, 15 calendar days unless the Company specifically otherwise meet all enumerated criteria for or ‘‘SPAC,’’ does not satisfy the requirements requests and the Hearings Panel grants a further continued listing on Nasdaq. See Nasdaq Rule described in IM–5101–2 that the company must stay. See Nasdaq Rule 5815(a)(1)(B). 5110(b). See also Notice, supra note 3, 84 FR at meet initial listing requirements following the 11 Under Nasdaq Rule 5110(a) (Business 69009. completion of a business combination with an Combinations with Non-Nasdaq Entities Resulting 13 See proposed Nasdaq Rule 5815(a)(1)(B)(ii). operating company. Nasdaq stated in Amendment in a Change of Control), a Company must apply for The Exchange also proposes to make non- No. 1 that it was removing this portion of the initial listing in connection with a transaction substantive conforming changes to Nasdaq Rule proposed rule change while it re-assesses the whereby the Company combines with a non-Nasdaq 5815(a)(1)(A) and (B). See proposed Nasdaq Rule treatment of SPACs. Amendment No. 1 is available entity, resulting in a change of control of the 5815(a)(1)(A) and (B). at: https://www.sec.gov/comments/sr-nasdaq-2019- Company and potentially allowing the non-Nasdaq 14 See supra note 10 and accompanying text. 089/srnasdaq2019089-6951085-212268.pdf. entity to obtain a Nasdaq listing. If the Company’s 15 See Notice, supra note 3, 84 FR at 69008.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16164 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
risks due to the limited information Change of Control Company that did not The Commission further believes that during bankruptcy proceedings and the have its initial listing approved prior to the Exchange’s proposal to remove the uncertainty of outcomes.16 consummation of the relevant stay during the pendency of a Hearings transaction, the Commission believes III. Discussion and Commission Panel’s review and immediately immediate suspension of trading in Findings suspend trading where Nasdaq Staff has such circumstances is appropriate and determined to delist a Company in After careful review, the Commission consistent with the Act. A Change of bankruptcy or liquidation and the finds that the proposed rule change, as Control Company following the change Company has appealed that modified by Amendment No. 1, is of control transaction with a non- determination is consistent with the consistent with the requirements of the Nasdaq entity is a new business entity Act. In such situations, the Company Act and the rules and regulations and, as a result, is required by Nasdaq’s has acknowledged it is having thereunder applicable to a national rules to demonstrate compliance with securities exchange.17 In particular, the the Exchange’s initial listing insurmountable financial difficulties Commission finds that the proposed standards.20 The Commission believes, and the Commission believes there are rule change, as modified by Amendment as the Exchange has also stated, that investor protection concerns with No. 1, is consistent with Section 6(b)(5) permitting such companies to trade on allowing such securities to continue to of the Act,18 which requires, among the Exchange during the pendency of trade during the appeal process. For other things, that the rules of a national the Hearings Panel review without example, the Exchange stated that securities exchange be designed to having demonstrated compliance with continued listing of a Company’s prevent fraudulent and manipulative the Exchange’s initial listing standards, securities on the Exchange during the acts and practices, to promote just and as is the case under the current rule, pendency of bankruptcy proceedings equitable principles of trade, to remove may be misleading to investors, because exposes investors to increased risk due impediments to and perfect the it gives the appearance that the to the uncertainty of the outcome and mechanism of a free and open market Company has met the standards the limited information provided during and a national market system, and, in imposed by Nasdaq. bankruptcy proceedings.25 In addition, general, to protect investors and the Nasdaq also noted in its proposal that the Exchange stated that, in its public interest. In addition, the the Change of Control Company could experience with respect to bankrupt or Commission finds that the proposed use the benefits of its Nasdaq listing and liquidating Companies, there is rule change, as modified by Amendment continued trading during the review generally no residual equity for the No. 1, is consistent with Section 6(b)(7) process to achieve compliance with the current stockholders.26 Furthermore, the of the Act,19 which requires, among initial listing requirements it does not Commission believes that continued other things, that the rules of a national satisfy.21 The Commission also believes securities exchange provide a fair that investor protection issues are raised trading of the Company’s shares during procedure for the prohibition or if such a Company can use the the duration of the Hearings Panel’s limitation by the exchange of any continued listing and trading of its review could be misleading to investors person with respect to access to services securities on the Exchange during the and, as Nasdaq stated, can create offered by the exchange. pendency of the hearing review process confusion about the Company’s ability Nasdaq has proposed to eliminate the to try to achieve compliance with initial to satisfy Nasdaq’s initial listing stay of suspension from trading of a listing requirements that it has not met, requirements upon emerging from Company’s securities, upon appeal of a even though the new Company never bankruptcy as required under Nasdaq Staff Delisting Determination, during qualified initially for trading in the first Rule 5110(b). While a Company the pendency of the Hearings Panel’s instance like any new listing applicant emerging from bankruptcy protection review where the Staff Delisting is required to do.22 While Nasdaq stated may continue to be listed and traded on Determination is related to the following in its proposal that newly listing the Exchange if the Company deficiencies: (i) A Change of Control Companies must demonstrate demonstrates compliance with the Company whose application for initial compliance with all initial listing Exchange’s initial listing standards, listing was not approved prior to requirements before they are listed,23 Nasdaq represented that of 37 Staff consummation of the change-of-control Nasdaq further noted that the Change of Delisting Determinations related to transaction; or (ii) a Company Control Companies covered by the bankruptcy between 2016 and 2018, undergoing bankruptcy or liquidation. proposed rule change are effectively only one Company remained listed and As a result, even if appealed, Companies new entities but have not completed the demonstrated compliance with the issued Staff Delisting Determinations standard vetting process conducted by initial listing requirements upon related to such deficiencies will have the Exchange of all new listed emerging from bankruptcy.27 their securities immediately suspended companies and demonstrated from trading unless and until the compliance with initial listing As the Commission has previously Hearings Panel issues a decision that requirements.24 noted, the development and reinstates the securities. enforcement of meaningful listing With respect to the proposed removal 20 See supra note 11. of the stay during the pendency of the 21 See Notice, supra note 3, 84 FR at 69008. procedure requirements under Section 6(b)(7) of the Hearings Panel’s review upon appeal of 22 See Securities Exchange Act Release No. 82478 Act are consistent with, among other things, not a Nasdaq staff determination to delist a (Jan. 9, 2018) 83 FR 2278 (Jan. 16, 2018) (Nasdaq– automatically allowing a Company that invokes the 2018–087) (Order Instituting Proceedings Relating appeal process to continue to trade during the to Special Purpose Acquisition Companies Listing appeal and gain the benefit of continued listing and 16 See id. Standards) (‘‘The Commission notes that initial trading during the pendency of that process and, in 17 15 U.S.C. 78f(b). In approving this proposed listing standards, absent an explicit exception, effect, gain additional time to achieve compliance rule change, as modified by Amendment No. 1, the apply upon initial listing.’’). with initial listing standards that the Company has Commission has considered the proposed rule 23 See Notice, supra note 3, 84 FR at 69008–09. not (and has never) met. See also discussion, infra, change’s impact on efficiency, competition, and 24 See id. at 69009 (‘‘No company may trade on on Section 6(b)(7) under the Act. capital formation. See 15 U.S.C. 78c(f). The Nasdaq Stock Market until it demonstrates 25 See Notice, supra note 3, 84 FR at 69009. 18 15 U.S.C. 78f(b)(5). compliance with the listings qualifications rules of 26 See id. 19 15 U.S.C. 78f(b)(7). the Exchange.’’). The Commission notes that the fair 27 See id. at 69009, n.12.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16165
standards 28 for an exchange is of further the purposes of Section 6(b)(5) of of SPACs. The amendment did not substantial importance to financial the Act by, among other things, modify the remaining two markets and the investing public. protecting investors and the public circumstances in which the Exchange Among other things, listing standards interest by preventing continued trading has proposed to eliminate the stay of provide the means for an exchange to on the Exchange in such a Company’s suspension from trading of a Company’s screen issuers that seek to become securities unless and until the Hearings securities following receipt of a Staff listed, and to provide listed status only Panel determines that continued trading Delisting Determination during the to those that are bona fide companies on Nasdaq is appropriate. pendency of the Hearings Panel’s that have or will have sufficient public The Commission further believes the review—a Change of Control Company float, investor base, and trading interest proposed rule change is consistent with whose application for initial listing was likely to generate depth and liquidity Section 6(b)(7) of the Act in that it not approved prior to consummation of sufficient to promote fair and orderly provides a fair procedure for the the change-of-control transaction, or a markets. Meaningful listing standards prohibition or limitation by the Company undergoing bankruptcy or also are important given investor Exchange of any person with respect to liquidation. The Commission also notes expectations regarding the nature of access to services offered. The that these remaining aspects of the securities that have achieved an Commission notes that pursuant to the proposed rule change were noticed for exchange listing, and the role of an proposal, a Company whose securities comment in the Federal Register and no exchange in overseeing its market and are suspended pending its appeal would comments were received in response to assuring compliance with its listing be given the same opportunity it that notice. The Commission has also standards.29 Allowing essentially new currently has to present its case to the found that the proposal, as modified by Companies that have not demonstrated Hearings Panel pursuant to current Amendment No. 1, is consistent with compliance with the Exchange’s initial Nasdaq rules. Further, a Company’s the Act for the reasons discussed herein. listing standards to continue trading on shares will be suspended unless and Accordingly, the Commission finds the Exchange during the pendency of until the Hearings Panel issues a written good cause, pursuant to Section 19(b)(2) the Hearings Panel’s review of a Staff decision determining that continued of the Act,34 to approve the proposed Delisting Determination may be trading on Nasdaq is appropriate. If the rule change, as modified by Amendment confusing to investors and raises Panel Decision determines to permit No. 1, on an accelerated basis. investor protection concerns.30 Similar continued trading of the securities, the investor protection concerns are present Company’s shares can then resume V. Solicitation of Comments on with allowing Companies that have trading on the Exchange.32 The Amendment No. 1 to the Proposed Rule sought bankruptcy protection or that Commission believes that limitations on Change have announced a liquidation to trading of a Company’s securities during Interested persons are invited to continue trading on the Exchange the pendency of the Hearings Panel’s submit written data, views, and during the pendency of the Hearings review is appropriate in the situations arguments concerning whether Panel’s review.31 The Commission prescribed by the proposed rule in light Amendment No. 1 is consistent with the believes that Nasdaq’s proposal will of the need to protect investors and the Exchange Act. Comments may be public interest and that the Nasdaq’s submitted by any of the following 28 The Commission notes that this reference to hearings review process will continue, methods: ‘‘listing standards’’ is referring to both initial and as it currently does, to provide a fair Electronic Comments continued listing standards. procedure for the review of Staff 29 See, e.g., Securities Exchange Act Release Nos. • Use the Commission’s internet 65708 (Nov. 8, 2011), 76 FR 70799 (Nov. 15, 2011) Delisting Determinations in accordance (SR–NASDAQ–2011–073) (order approving a with Section 6(b)(7) of the Act.33 comment form (http://www.sec.gov/ proposal to adopt additional listing requirements rules/sro.shtml); or for companies applying to list after consummation IV. Accelerated Approval of the • Send an email to rule-comments@ of a ‘‘reverse merger’’ with a shell company), and Proposed Rule Change, as Modified by sec.gov. Please include File Number SR– 57785 (May 6, 2008), 73 FR 27597 (May 13, 2008) Amendment No. 1 (SR–NYSE–2018–17) (order approving a proposal to NASDAQ–2019–089 on the subject line. adopt new initial and continued listing standards The Commission finds good cause to Paper Comments to list securities of special purpose acquisition approve the proposed rule change, as companies). See also Securities Exchange Act modified by Amendment No. 1, prior to • Send paper comments in triplicate Release No. 81856 (October 11, 2017), 82 FR 48296, to Secretary, Securities and Exchange 48298 (Oct. 17, 2017) (SR–NYSE–2017–31) (stating the thirtieth day after the date of that in addition, once a security has been approved publication of notice of the filing of Commission, 100 F Street NE, for initial listing, maintenance criteria allow an Amendment No. 1 in the Federal Washington, DC 20549–1090. exchange to monitor the status and trading Register. Amendment No. 1 removed a All submissions should refer to File characteristics of that issue so that fair and orderly markets can be maintained). change proposed in the original filing to Number SR–NASDAQ–2019–089. This 30 See In re Tassaway, Securities Exchange Act remove a stay where a special purpose file number should be included on the Release No. 11291, 45 SEC. 706, 709, 1975 SEC acquisition company, or ‘‘SPAC,’’ does subject line if email is used. To help the LEXIS 2057, at *6 (Mar. 13, 1975) (‘‘[P]rimary not satisfy the requirements described Commission process and review your emphasis must be placed on the interests of comments more efficiently, please use prospective future investors . . . [who are] entitled in IM–5101–2 that the Company must to assume that the securities in [Nasdaq] meet meet initial listing requirements only one method. The Commission will [Nasdaq’s] standards. Hence the presence in following the completion of a business post all comments on the Commission’s [Nasdaq] of non-complying securities could have a combination with an operating company internet website (http://www.sec.gov/ serious deceptive effect.’’). See also In re Biorelease rules/sro.shtml). Copies of the Corporation, Securities Exchange Act Release No. while Nasdaq reassesses the treatment 35575, 1995 SEC LEXIS 818, at *13 (Apr. 6, 1995) submission, all subsequent (‘‘[T]hough exclusion from the system may hurt 32 See Nasdaq Rule 5815. Should the Hearings amendments, all written statements existing investors, primary emphasis must be Panel decide the Company’s securities should be with respect to the proposed rule placed on the interests of prospective future delisted, the Company would be afforded an appeal change that are filed with the investors. Prospective investors are entitled to of the Panel Decision to the Listing Counsel as assume that the securities listed [on Nasdaq] meet would any listed company or new applicant denied Commission, and all written the system’s listing standards.’’). listing. Id. 31 See supra note 27 and accompanying text. 33 See also supra note 24. 34 15 U.S.C. 78s(b)(2).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16166 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
communications relating to the Dated: March 17, 2020. Commission’s Secretary and serving proposed rule change between the Vanessa A. Countryman, applicants with a copy of the request, Commission and any person, other than Secretary. personally or by mail. Hearing requests those that may be withheld from the [FR Doc. 2020–05995 Filed 3–18–20; 11:15 am] should be received by the Commission public in accordance with the BILLING CODE 8011–01–P by 5:30 p.m. on April 10, 2020, and provisions of 5 U.S.C. 552, will be should be accompanied by proof of available for website viewing and service on applicants, in the form of an printing in the Commission’s Public SECURITIES AND EXCHANGE affidavit or, for lawyers, a certificate of Reference Room, 100 F Street NE, COMMISSION service. Pursuant to rule 0–5 under the Washington, DC 20549 on official Act, hearing requests should state the [Investment Company Act Release No. nature of the writer’s interest, any facts business days between the hours of 33818; File No. 812–15047] 10:00 a.m. and 3:00 p.m. Copies of such bearing upon the desirability of a filing also will be available for AIP Private Equity Opportunities Fund hearing on the matter, the reason for the inspection and copying at the principal I A LP, et al. request, and the issues contested. office of the Exchange. All comments Persons who wish to be notified of a received will be posted without change. March 16, 2020. hearing may request notification by Persons submitting comments are AGENCY: Securities and Exchange writing to the Commission’s Secretary. cautioned that we do not redact or edit Commission (‘‘Commission’’). ADDRESSES: Secretary, U.S. Securities personal identifying information from ACTION: Notice. and Exchange Commission, 100 F St., comment submissions. You should NE, Washington, DC 20549–1090. Notice of application for an order Applicants: Kara Fricke, Esq., Morgan submit only information that you wish under section 17(d) of the Investment to make available publicly. All Stanley Investment Management Inc., Company Act of 1940 (the ‘‘Act’’) and 522 Fifth Avenue, New York, NY 10036. submissions should refer to File rule 17d–1 under the Act to permit FOR FURTHER INFORMATION CONTACT: Number SR–NASDAQ–2019–089, and certain joint transactions otherwise Jill should be submitted on or before April prohibited by section 17(d) of the Act Ehrlich, Senior Counsel, at (202) 551– 10, 2020. and rule 17d–1 under the Act. 6819 or Andrea Ottomanelli Magovern, Branch Chief, at (202) 551–6821 SUMMARY OF APPLICATION: VI. Conclusion Applicants (Division of Investment Management, request an order to permit certain Chief Counsel’s Office). It is therefore ordered, pursuant to closed-end management investment 35 SUPPLEMENTARY INFORMATION: Section 19(b)(2) of the Act, that the companies to co-invest in portfolio The proposed rule change (SR–NASDAQ– companies with each other and with following is a summary of the 2019–089), as modified by Amendment affiliated investment funds. application. The complete application may be obtained via the Commission’s No. 1, be, and it hereby is, approved on APPLICANTS: AIP Private Equity an accelerated basis. website by searching for the file Opportunities Fund I A LP (‘‘AIP number, or for an applicant using the For the Commission, by the Division of Private Markets Fund’’ or the ‘‘Existing Company name box, at http:// Trading and Markets, pursuant to delegated Regulated Entity’’); Morgan Stanley AIP www.sec.gov/search/search.htm or by 36 authority. GP LP (‘‘MSAIP’’); WBPE Fund I, LP, calling (202) 551–8090. J. Matthew DeLesDernier, WBPE Fund I AIV LP, Climate Impact Applicants Representations Assistant Secretary. Solutions Fund, LP, Private Markets Fund VII LP, Private Markets Fund VII 1. AIP Private Markets Fund is a [FR Doc. 2020–05850 Filed 3–19–20; 8:45 am] Offshore Investors LP, Diversified Credit BILLING CODE 8011–01–P Delaware limited partnership organized Opportunities Fund II, LP, Diversified as a closed-end management investment Credit Opportunities Fund II ICAV, company. AIP Private Markets Fund’s Ashbridge Transformational investment objective is to pursue SECURITIES AND EXCHANGE Secondaries Fund I, LP, Ashbridge COMMISSION strategies focused on investing in a Transformational Secondaries Master portfolio of professionally managed Sunshine Act Meeting; Cancellation Fund I A, LP, Ashbridge private equity funds and select direct Transformational Secondaries Master investments in portfolio companies. The Fund I B, LP, Walker Street MKE Fund 1 FEDERAL REGISTER CITATION OF PREVIOUS board of directors (‘‘Board’’) of AIP LP, Private Equity Co-Investment Private Markets Fund has ten members, ANNOUNCEMENT: 85 FR 15002, March 16, Opportunities Fund I LP, GTB Capital 2020. each of whom is not an ‘‘interested Partners II LP, Brandon Lane Partners person’’ of AIP Markets Fund within the PREVIOUSLY ANNOUNCED TIME AND DATE OF Fund LP, NPS Partners (North America) meaning of section 2(a)(19) of the Act THE MEETING: Wednesday, March 18, II LP, NPS Partners (North America) AIV (each is an ‘‘Independent Director’’).2 2020 at 2 p.m. II LP, PMF Integro Fund I LP, LM Fund 2. MSAIP is a Delaware limited LP, VNL LP, and VNL (Cayman) Ltd. partnership that is registered as an CHANGES IN THE MEETING: The Closed (collectively, and excluding AIP Private investment adviser with the Meeting scheduled for Wednesday, Markets Fund and MSAIP, the ‘‘Existing Commission under the Investment March 18, 2020 at 2 p.m., has been Affiliated Funds’’). Advisers Act of 1940 (the ‘‘Advisers cancelled. FILING DATES: The application was filed Act’’). MSAIP serves as the investment CONTACT PERSON FOR MORE INFORMATION: on July 15, 2019, and amended on adviser to AIP Private Markets Fund. For further information; please contact December 10, 2019 and March 12, 2020. Vanessa A. Countryman from the Office HEARING OR NOTIFICATION OF HEARING: An 1 The term ‘‘Board’’ refers to the board of of the Secretary at (202) 551–5400. order granting the requested relief will directors, managers or trustees of any Regulated Entity. be issued unless the Commission orders 2 The term ‘‘Independent Directors’’ refers to the 35 15 U.S.C. 78s(b)(2). a hearing. Interested persons may independent directors, managers or trustees of any 36 17 CFR 200.30–3(a)(12). request a hearing by writing to the Regulated Entity (as defined below).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16167
MSAIP is an indirect, wholly-owned be prohibited from investing in a Co- Entity. The Advisers expect that any subsidiary of Morgan Stanley. Investment Transaction with any other portfolio company that is an appropriate 3. The Existing Affiliated Funds Regulated Entity or Affiliated Fund investment for a Regulated Entity pursue strategies focused on investing because it would be a company should also be an appropriate in a portfolio of professionally managed controlled by its parent Regulated Entity investment for one or more other private equity funds and select direct for purposes of rule 17d–1. Applicants Regulated Entities and/or one or more investments in portfolio companies. request that each Wholly-Owned Affiliated Funds, with certain Each Existing Affiliated Fund is advised Investment Subsidiary be permitted to exceptions based on available capital or by MSAIP and would be an investment participate in Co-Investment diversification.8 company but for section 3(c)(1) or Transactions in lieu of its parent 7. Other than pro rata dispositions 3(c)(7) of the Act. Regulated Entity and that the Wholly- and Follow-On Investments as provided 4. Applicants seek an order (‘‘Order’’) Owned Investment Subsidiary’s in conditions 7 and 8, and after making to permit a Regulated Entity 3 and one participation in any such transaction be the determinations required in or more other Regulated Entities and treated, for purposes of the Order, as conditions 1 and 2(a), the applicable one or more Affiliated Funds 4 to (a) though the parent Regulated Entity were Adviser will present each Potential Co- participate in the same investment participating directly. Applicants Investment Transaction and the opportunities through a proposed co- represent that this treatment is justified proposed allocation to the directors of investment program where such because a Wholly-Owned Investment the Board eligible to vote on that Co- participation would otherwise be Subsidiary would have no purpose Investment Transaction (the ‘‘Eligible prohibited under section 17 of the Act; other than serving as a holding vehicle Directors’’) 9 and the majority of such and (b) make additional investments in for the Regulated Entity’s investments directors of the Board who are securities of such issuers (‘‘Follow-On and, therefore, no conflicts of interest Independent Directors (a ‘‘Required Investments’’), including through the could arise between the Regulated Majority’’) will approve each Co- exercise of warrants, conversion Entity and the Wholly-Owned Investment Transaction prior to any privileges, and other rights to purchase Investment Subsidiary. The Regulated investment by the participating securities of the issuers. ‘‘Co-Investment Entity’s Board would make all relevant Regulated Entity. Transaction’’ means any transaction in determinations under the conditions 8. With respect to the pro rata which a Regulated Entity (or its Wholly- with regard to a Wholly-Owned dispositions and Follow-On Investments Owned Investment Subsidiary, as Investment Subsidiary’s participation in provided in conditions 7 and 8, a defined below) participate together with a Co-Investment Transaction, and the Regulated Entity may participate in a one or more other Regulated Entities Regulated Entity’s Board would be pro rata disposition or Follow-On and/or Affiliated Funds in reliance on informed of, and take into Investment without obtaining prior the requested Order. ‘‘Potential Co- consideration, any proposed use of a approval of the Required Majority if, Investment Transaction’’ means any Wholly-Owned Investment Subsidiary among other things: (i) The proposed investment opportunity in which a in the Regulated Entity’s place. If the participation of each Regulated Entity Regulated Entity (or its Wholly-Owned Regulated Entity proposes to participate and each Affiliated Fund in such Investment Subsidiaries) could not in the same Co-Investment Transaction disposition is proportionate to its participate together with one or more with any of its Wholly-Owned outstanding investments in the issuer other Regulated Entities and/or one or Investment Subsidiaries, the Board will immediately preceding the disposition more Affiliated Funds without obtaining also be informed of, and take into or Follow-On Investment, as the case and relying on the Order.5 consideration, the relative participation may be; and (ii) the Board of the 5. Applicants state that a Regulated of the Regulated Entity and the Wholly- Entity may, from time to time, form one Regulated Entity has approved that Owned Investment Subsidiary. Regulated Entity’s participation in pro or more Wholly-Owned Investment 6. When considering Potential Co- rata dispositions and Follow-On Subsidiaries.6 Such a subsidiary would Investment Transactions for any Investments as being in the best Regulated Entity, the relevant Adviser 3 interests of the Regulated Entity. If the ‘‘Regulated Entity’’ refers to the Existing will consider only the Objectives and Board does not so approve, any such Regulated Entity and any Future Regulated Entity. Strategies,7 investment policies, ‘‘Future Regulated Entity’’ means any closed-end disposition or Follow-On Investment investment positions, capital available management investment company formed in the will be submitted to the Regulated future that is registered under the Act and is for investment, and other pertinent advised by an Adviser. The term ‘‘Adviser’’ means factors applicable to that Regulated Entity’s Eligible Directors. The Board of (a) MSAIP and (b) any future investment adviser any Regulated Entity may at any time that is controlled by MSAIP and is registered as an Entity; (c) with respect to which the board of rescind, suspend or qualify its approval investment adviser under the Advisers Act. of pro rata dispositions and Follow-On 4 directors of such Regulated Entity has the sole ‘‘Affiliated Fund’’ means any Existing Affiliated authority to make all determinations with respect Fund or any Future Affiliated Fund. ‘‘Future Investments with the result that all to the entity’s participation under the conditions of dispositions and/or Follow-On Affiliated Fund’’ means any investment fund that the application; and (d) that would be an would be an ‘‘investment company’’ but for section investment company but for section 3(c)(1) or Investments must be submitted to the 3(c)(1) or 3(c)(7) of the Act, is formed in the future, 3(c)(7) of the Act. All subsidiaries participating in Eligible Directors. and is advised by an Adviser. No Affiliated Fund Co-Investment Transactions will be Wholly-Owned is or will be a subsidiary of a Regulated Entity. 9. No Independent Director of a Investment Subsidiaries and will have Objectives Regulated Entity will have a direct or 5 All existing entities that currently intend to rely and Strategies (as defined below) that are either the upon the requested Order have been named as same as, or a subset of, their parent Regulated indirect financial interest in any Co- applicants. Any other existing or future entity that Entity’s Objectives and Strategies. Investment Transaction (other than subsequently relies on the Order will comply with 7 The term ‘‘Objectives and Strategies’’ means a indirectly through share ownership in the terms and conditions of the application. Regulated Entity’s investment objectives and one of the Regulated Entities), including 6 The term ‘‘Wholly-Owned Investment strategies as described in the Regulated Entity’s Subsidiary’’ means an entity: (a) That is wholly- registration statement on Form N–2, other filings owned by a Regulated Entity (with such Regulated the Regulated Entity has made with the 8 The Regulated Entities, however, will not be Entity at all times holding, beneficially and of Commission under the Securities Act of 1933 (the obligated to invest, or co-invest, when investment record, 100% of the voting and economic interests); ‘‘Securities Act’’) or the Securities Exchange Act of opportunities are referred to them. (b) whose sole business purpose is to hold one or 1934, and the Regulated Entity’s reports to 9 Eligible Directors may not have a financial more investments on behalf of such Regulated investors. interest in such transaction, plan, or arrangement.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16168 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
any interest in any company whose Applicants’ Conditions Entity or its investors on the part of any securities would be acquired in a Co- Applicants agree that the Order will person concerned; (ii) the Potential Co-Investment Investment Transaction. be subject to the following conditions: 10. Under condition 15, if an Adviser, 1. Each time an Adviser considers a Transaction is consistent with: (A) The interests of the Regulated its principals, or any person controlling, Potential Co-Investment Transaction for controlled by, or under common control Entity’s investors; and another Regulated Entity or an Affiliated (B) the Regulated Entity’s then-current with the Adviser or its principals, and Fund that falls within a Regulated the Affiliated Funds (collectively, the Objectives and Strategies; Entity’s then-current Objectives and ‘‘Holders’’) own in the aggregate more (iii) the investment by any other Strategies, the Regulated Entity’s than 25 percent of the outstanding Regulated Entities or any Affiliated Adviser will make an independent voting shares of a Regulated Entity (the Funds would not disadvantage the determination of the appropriateness of ‘‘Shares’’), then the Holders will vote Regulated Entity, and participation by the investment for the Regulated Entity such Shares as directed by an the Regulated Entity would not be on a in light of the Regulated Entity’s then- independent third party when voting on basis different from or less advantageous current circumstances. matters specified in the condition. than that of any other Regulated Entities 2. (a) If the Adviser deems a Regulated Applicants believe that this condition or any Affiliated Funds; provided that, Entity’s participation in any Potential will ensure that the Independent if any other Regulated Entity or any Co-Investment Transaction to be Directors will act independently in Affiliated Fund, but not the Regulated appropriate for the Regulated Entity, the evaluating the co-investment program, Entity itself, gains the right to nominate Adviser will then determine an because the ability of an Adviser or its a director for election to a portfolio principals to influence the Independent appropriate level of investment for the company’s board of directors or the Directors by a suggestion, explicit or Regulated Entity. right to have a board observer or any (b) If the aggregate amount implied, that the Independent Directors similar right to participate in the can be removed will be limited recommended by the applicable Adviser governance or management of the significantly. Applicants represent that to be invested by the applicable portfolio company, such event shall not the Independent Directors will evaluate Regulated Entity in the Potential Co- be interpreted to prohibit the Required and approve any such independent Investment Transaction together with Majority from reaching the conclusions third party, taking into account its the amount proposed to be invested by required by this condition (2)(c)(iii), if: qualifications, reputation for the other participating Regulated (A) The Eligible Directors will have independence, cost to the investors, and Entities and Affiliated Funds, the right to ratify the selection of such other factors that they deem relevant. collectively, in the same transaction, director or board observer, if any; and exceeds the amount of the investment (B) the applicable Adviser agrees to, Applicants’ Legal Analysis opportunity, the investment opportunity and does, provide periodic reports to 1. Section 17(d) of the Act and rule will be allocated among them pro rata the Board of the Regulated Entity with 17d–1 under the Act prohibit affiliated based on each participant’s capital respect to the actions of such director or persons of a registered investment available for investment in the asset the information received by such board company from participating in joint class being allocated, up to the amount observer or obtained through the transactions with the company unless proposed to be invested by each. The exercise of any similar right to the Commission has granted an order applicable Adviser will provide the participate in the governance or permitting such transactions. In passing Eligible Directors of each participating management of the portfolio company; upon applications under rule 17d–1, the Regulated Entity with information and Commission considers whether the concerning each participating party’s (C) any fees or other compensation company’s participation in the joint available capital to assist the Eligible that any Regulated Entity or any transaction is consistent with the Directors with their review of the Affiliated Fund or any affiliated person provisions, policies, and purposes of the Regulated Entity’s investments for of any Regulated Entity or any Affiliated Act and the extent to which such compliance with these allocation Fund receives in connection with the participation is on a basis different from procedures. right of a Regulated Entity or an or less advantageous than that of other (c) After making the determinations Affiliated Fund to nominate a director participants. required in conditions 1 and 2(a), the or appoint a board observer or otherwise 2. Applicants state that in the absence applicable Adviser will distribute to participate in the governance or of the requested relief, the Regulated written information concerning the management of the portfolio company Entities may be, in some circumstances, Potential Co-Investment Transaction will be shared proportionately among limited in their ability to participate in (including the amount proposed to be the participating Affiliated Funds (who attractive and appropriate investment invested by each Regulated Entity and may each, in turn, share its portion with opportunities. Applicants believe that each Affiliated Fund) to the Eligible its affiliated persons) and the the proposed terms and conditions will Directors of each participating participating Regulated Entities in ensure that the Co-Investment Regulated Entity for their consideration. accordance with the amount of each Transactions are consistent with the A Regulated Entity will co-invest with party’s investment; and protection of each Regulated Entity’s another Regulated Entity or an Affiliated (iv) the proposed investment by the shareholders and with the purposes Fund only if, prior to the Regulated Regulated Entity will not benefit any intended by the policies and provisions Entity’s participation in the Potential Adviser, the other Regulated Entities, of the Act. Applicants state that the Co-Investment Transaction, a Required the Affiliated Funds or any affiliated Regulated Entities’ participation in the Majority concludes that: person of any of them (other than the Co-Investment Transactions will be (i) The terms of the Potential Co- parties to the Co-Investment consistent with the provisions, policies, Investment Transaction, including the Transaction), except (A) to the extent and purposes of the Act and on a basis consideration to be paid, are reasonable permitted by condition 13, (B) to the that is not different from or less and fair to the Regulated Entity and its extent permitted by section 17(e) of the advantageous than that of other investors and do not involve Act, as applicable, (C) indirectly, as a participants. overreaching in respect of the Regulated result of an interest in the securities
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16169
issued by one of the parties to the Co- (ii) formulate a recommendation as to Follow-On Investments on a pro rata Investment Transaction, or (D) in the participation by each Regulated Entity basis (as described in greater detail in case of fees or other compensation in the disposition. the application). In all other cases, the described in condition 2(c)(iii)(C). (b) Each Regulated Entity will have Adviser will provide its written 3. Each Regulated Entity has the right the right to participate in such recommendation as to the Regulated to decline to participate in any Potential disposition on a proportionate basis, at Entity’s participation to the Eligible Co-Investment Transaction or to invest the same price and on the same terms Directors, and the Regulated Entity will less than the amount proposed. and conditions as those applicable to participate in such Follow-On 4. The applicable Adviser will present the participating Regulated Entities and Investment solely to the extent that a to the Board of each Regulated Entity, Affiliated Funds. Required Majority determines that it is on a quarterly basis, a record of all (c) A Regulated Entity may participate in the Regulated Entity’s best interests. investments in Potential Co-Investment in such disposition without obtaining (c) If, with respect to any Follow-On Transactions made by any of the other prior approval of the Required Majority Investment: Regulated Entities or Affiliated Funds if: (i) The proposed participation of each (i) The amount of a Follow-On during the preceding quarter that fell Regulated Entity and each Affiliated Investment is not based on the within the Regulated Entity’s then- Fund in such disposition is Regulated Entities’ and the Affiliated current Objectives and Strategies that proportionate to its outstanding Funds’ outstanding investments were not made available to the investments in the issuer immediately immediately preceding the Follow-On Regulated Entity, and an explanation of preceding the disposition; (ii) the Board Investment; and why the investment opportunities were of the Regulated Entity has approved as (ii) the aggregate amount not offered to the Regulated Entity. All being in the best interests of the recommended by the Adviser to be information presented to the Board Regulated Entity the ability to invested by each Regulated Entity in the pursuant to this condition will be kept participate in such dispositions on a pro Follow-On Investment, together with for the life of the Regulated Entity and rata basis (as described in greater detail the amount proposed to be invested by at least two years thereafter, and will be in the application); and (iii) the Board the participating Affiliated Funds in the subject to examination by the of the Regulated Entity is provided on same transaction, exceeds the amount of Commission and its staff. a quarterly basis with a list of all the opportunity; then the amount 5. Except for Follow-On Investments dispositions made in accordance with invested by each such party will be made in accordance with condition 8,10 this condition. In all other cases, the allocated among them pro rata based on a Regulated Entity will not invest in Adviser will provide its written each party’s capital available for reliance on the Order in any issuer in recommendation as to the Regulated investment in the asset class being which another Regulated Entity, Entity’s participation to the Regulated allocated, up to the amount proposed to Affiliated Fund, or any affiliated person Entity’s Eligible Directors, and the be invested by each. of another Regulated Entity or Affiliated Regulated Entity will participate in such (d) The acquisition of Follow-On Fund is an existing investor. disposition solely to the extent that a Investments as permitted by this 6. A Regulated Entity will not Required Majority determines that it is condition will be considered a Co- participate in any Potential Co- in the Regulated Entity’s best interests. Investment Transaction unless the (d) Each Regulated Entity and each Investment Transaction for all purposes terms, conditions, price, class of Affiliated Fund will bear its own and subject to the other conditions set securities to be purchased, settlement expenses in connection with any such forth in the application. date, and registration rights will be the disposition. 9. The Independent Directors of each same for each participating Regulated 8. (a) If a Regulated Entity or an Regulated Entity will be provided Entity and Affiliated Fund. The grant to Affiliated Fund desires to make a quarterly for review all information another Regulated Entity or an Affiliated Follow-On Investment in a portfolio concerning Potential Co-Investment Fund, but not the Regulated Entity, of company whose securities were Transactions and Co-Investment the right to nominate a director for acquired in a Co-Investment Transactions, including investments election to a portfolio company’s board Transaction, the applicable Adviser made by other Regulated Entities and of directors, the right to have an will: the Affiliated Funds that the Regulated observer on the board of directors or (i) Notify each Regulated Entity that Entity considered but declined to similar rights to participate in the participated in the Co-Investment participate in, so that the Independent governance or management of the Transaction of the proposed transaction Directors may determine whether all portfolio company will not be at the earliest practical time; and investments made during the preceding interpreted so as to violate this (ii) formulate a recommendation as to quarter, including those investments condition 6, if conditions 2(c)(iii)(A), (B) the proposed participation, including which the Regulated Entity considered and (C) are met. the amount of the proposed Follow-On but declined to participate in, comply 7. (a) If any Regulated Entity or an Investment, by each Regulated Entity. with the conditions of the Order. In Affiliated Fund elects to sell, exchange (b) A Regulated Entity may participate addition, the Independent Directors will or otherwise dispose of an interest in a in such Follow-On Investment without consider at least annually the continued security that was acquired in a Co- obtaining prior approval of the Required appropriateness for the Regulated Entity Investment Transaction, the applicable Majority if: (i) The proposed of participating in new and existing Co- Adviser will: participation of each Regulated Entity Investment Transactions. (i) Notify each Regulated Entity that and each Affiliated Fund in such 10. Each Regulated Entity will participated in the Co-Investment investment is proportionate to its maintain the records required by section Transaction of the proposed disposition outstanding investments in the issuer 57(f)(3) of the Act as if each of the at the earliest practical time; and immediately preceding the Follow-On Regulated Entities were a business Investment; and (ii) the Board of the development company (as defined in 10 This exception applies only to Follow-On Regulated Entity has approved as being section 2(a)(48) of the Act) and each of Investments by a Regulated Entity in issuers in which that Regulated Entity already holds in the best interests of the Regulated the investments permitted under these investments. Entity the ability to participate in conditions were approved by the
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16170 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Required Majority under section 57(f) of the Regulated Entities or Affiliated rule change as described in Items I and the Act. Funds). II below, which Items have been 11. No Independent Director of a 14. The Advisers will each maintain prepared by the self-regulatory Regulated Entity will also be a director, policies and procedures reasonably organization. The Commission is general partner, managing member or designed to ensure compliance with the publishing this notice to solicit principal, or otherwise an ‘‘affiliated foregoing conditions. These policies and comments on the proposed rule change person’’ (as defined in the Act) of an procedures will require, among other from interested persons. Affiliated Fund. things, that the applicable Adviser will 12. The expenses, if any, associated be notified of all Potential Co- I. Self-Regulatory Organization’s with acquiring, holding or disposing of Investment Transactions that fall within Statement of the Terms of Substance of any securities acquired in a Co- a Regulated Entity’s then-current the Proposed Rule Change Investment Transaction (including, Objectives and Strategies and will be LTSE proposes a rule change to without limitation, the expenses of the given sufficient information to make its amend its rule relating to fingerprint- distribution of any such securities independent determination and based background checks of directors, registered for sale under the Securities recommendations under conditions 1, officers, employees, and others, and to Act) will, to the extent not payable by 2(a), 7 and 8. utilize the services of an Federal Bureau an Adviser under the investment 15. If the Holders own in the aggregate of Investigation (‘‘FBI’’) approved advisory agreements with the Regulated more than 25 percent of the Shares of Channel Partner to conduct Entities and the Affiliated Funds, be a Regulated Entity, then the Holders fingerprinting. shared by the Affiliated Funds and the will vote such Shares as directed by an Regulated Entities in proportion to the independent third party when voting on The text of the proposed rule change relative amounts of the securities held (1) the election of directors; (2) the is available at the Exchange’s website at or to be acquired or disposed of, as the removal of one or more directors; or (3) https://longtermstockexchange.com/, at case may be. all other matters under either the Act or the principal office of the Exchange, and 13. Any transaction fee 11 (including applicable State law affecting the at the Commission’s Public Reference break-up or commitment fees but Board’s composition, size or manner of Room. excluding broker’s fees contemplated by election. II. Self-Regulatory Organization’s section 17(e) of the Act, as applicable), 16. Each Regulated Entity’s chief received in connection with a Co- compliance officer, as defined in rule Statement on the Purpose of, and Investment Transaction will be 38a–1(a)(4) under the Act, will prepare Statutory Basis for, the Proposed Rule distributed to the participating an annual report for its Board each year Change Regulated Entities and Affiliated Funds that evaluates (and documents the basis of that evaluation) the Regulated In its filing with the Commission, the on a pro rata basis based on the amounts self-regulatory organization included they invested or committed, as the case Entity’s compliance with the terms and conditions of the application and the statements concerning the purpose of may be, in such Co-Investment and basis for the proposed rule change Transaction. If any transaction fee is to procedures established to achieve such compliance. and discussed any comments it received be held by the Adviser pending on the proposed rule change. The text consummation of the transaction, the For the Commission, by the Division of Investment Management, under delegated of these statements may be examined at fee will be deposited into an account the places specified in Item IV below. maintained by the Adviser at a bank or authority. J. Matthew DeLesDernier, The self-regulatory organization has banks having the qualifications prepared summaries, set forth in Assistant Secretary. prescribed in section 26(a)(1) of the Act, Sections A, B, and C below, of the most and the account will earn a competitive [FR Doc. 2020–05828 Filed 3–19–20; 8:45 am] significant aspects of such statements. rate of interest that will also be divided BILLING CODE 8011–01–P pro rata among the participating A. Self-Regulatory Organization’s Regulated Entities and Affiliated Funds Statement on the Purpose of, and based on the amounts they invest in SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule such Co-Investment Transaction. None COMMISSION Change of the Affiliated Funds, the Advisers, [Release No. 34–88394; File No. SR–LTSE– 1. Purpose the other Regulated Entities or any 2020–05] affiliated person of the Regulated The Exchange proposes to amend Self-Regulatory Organizations; Long- Entities or Affiliated Funds will receive Rule 1.180 (Fingerprint-Based Term Stock Exchange; Notice of Filing additional compensation or Background Checks of Employees and and Immediate Effectiveness of remuneration of any kind as a result of Independent Contractors), which was Proposed Rule Change Relating to or in connection with a Co-Investment based on the corresponding rule of the Fingerprint-Based Background Checks Transaction (other than (a) in the case Investors Exchange (‘‘IEX’’),3 to adopt of the Regulated Entities and the March 16, 2020. with only minor differences as Affiliated Funds, the pro rata Pursuant to Section 19(b)(1) of the discussed below, the provisions of the transaction fees described above and Securities Exchange Act of 1934 New York Stock Exchange (‘‘NYSE’’) fees or other compensation described in (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 fingerprinting rule.4 In addition, the condition 2(c)(iii)(C); and (b) in the case notice is hereby given that on March 6, proposed rule change would allow the of the Advisers, investment advisory 2020, Long-Term Stock Exchange Exchange to utilize the services of an fees paid in accordance with the (‘‘LTSE’’ or ‘‘Exchange’’) filed with the FBI-approved Channel Partner, as is agreements between the Advisers and Securities and Exchange Commission common with other national securities (‘‘SEC’’ or ‘‘Commission’’) the proposed exchanges, including the NYSE. 11 Applicants are not requesting and the staff is not providing any relief for transaction fees received in connection with any Co-Investment 1 15 U.S.C. 78s(b)(1). 3 See IEX Rule 1.180. Transaction. 2 17 CFR 240.19b–4. 4 See NYSE Rule 28.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16171
Background and Proposed Rule Change proposes to omit that sentence because and as proposed) and applicable it does not have subsidiaries. statutes, the Exchange has the authority Section 17(f)(2) of the Act, as Proposed LTSE Rule 1.180(c) and to engage an FBI-approved Channel amended by the Dodd-Frank Wall Street Supplementary Material .01 would be Partner for some or all of the Reform and Consumer Protection Act of identical to NYSE Rule 28(c) and fingerprinting processes described in 2010 (‘‘Dodd-Frank Act’’),5 provides Supplementary Material .10. Finally, the the Rule. Finally, the Exchange believes that every member of a national Exchange proposes to amend the title of that this proposed interpretation would securities exchange, broker, dealer, Rule 1.180 to be identical to the title of ensure the Exchange’s continued registered transfer agent, registered NYSE Rule 28, which is a more accurate compliance with its Rules and clearing agency, registered securities description of the rule. applicable state and federal law.11 information processors, national In addition, consistent with the securities exchanges and national practice at NYSE and other national 2. Statutory Basis securities associations shall require each securities exchanges, the Exchange The Exchange believes that the of its partners, directors, officers, and intends to utilize a Live-Scan 8 proposed rule change is consistent with employees to be fingerprinted and electronic system to capture and the provisions of Section 6 of the Act,12 submit those fingerprints (or cause the transmit fingerprints directly to the FBI. in general, and furthers the objectives of fingerprints to be submitted) to the The capture and transmittal function, Section 6(b)(5) of the Act,13 in Attorney General of the United States and corresponding receipt of criminal particular, in that it is designed to (‘‘Attorney General’’) for identification. history information from the FBI, would prevent fraudulent and manipulative Section 17(f)(2) explicitly directs the be handled directly by Exchange acts and practices, promote just and Attorney General to provide self- personnel and/or an FBI-approved equitable principles of trade, to foster regulatory organizations (‘‘SROs’’) ‘‘Channel Partner’’ 9 who would cooperation and coordination with designated by the Commission with maintain and operate, on behalf of the persons engaged in facilitating access to criminal history record Exchange, a LiveScan and/or other transactions in securities, to remove information. Further, SEC Rule 17f–2 electronic system(s) for the submission impediments to and perfect the authorizes SROs to store criminal record of fingerprints to the FBI; receive and mechanisms of a free and open market information received from the FBI, maintain criminal history record and a national market system and, in which maintains on behalf of the information from the FBI; and general, to protect investors and the Attorney General a database of disseminate such information, through public interest. fingerprint-based criminal history secure systems, to a limited set of Continuing to run fingerprint-based 6 records. approved reviewing officials within the background checks is imperative for the While existing LTSE Rule 1.180 meets Exchange. The Exchange believes that Exchange, as this process helps to the requirements of section 17(f)(2) of Rule 1.180 allows for the retention of a identify persons with criminal history the Act, it contemplates only the use of Channel Partner for these purposes. records who may pose a threat to the fingerprint ‘‘cards,’’ is not tailored to the The Exchange believes that the safety of Exchange personnel and/or the Exchange’s organizational structure, and foregoing interpretation is consistent security of Exchange facilities and has a substantive error.7 Accordingly, with the Exchange’s authority under records. This identification and the Exchange proposes to adopt the Section 17(f)(2) of the Act, as amended screening process thus enhances fingerprinting rule of the NYSE, with by the Dodd-Frank Act,10 which business continuity, workplace safety, minor differences described below. requires, inter alia, that employees of and the security of the Exchange’s Proposed LTSE Rule 1.180(a) would exchanges be fingerprinted and that operations. The use of an FBI-approved be identical to NYSE Rule 28(a) with the exchanges ‘‘shall submit such Channel Partner in some or all phases exception of the phrase ‘‘and its fingerprints, or cause the same to be of this process is consistent with LTSE principal subsidiaries.’’ This phrase is submitted, to the Attorney General of Rule 1.180 and applicable state and proposed to be omitted because the the United States for identification and federal law, and in furtherance of the Exchange does not have any appropriate processing.’’ important objectives described herein. subsidiaries; the Exchange is a wholly- The Exchange accordingly believes Additionally, the use of a Channel owned subsidiary of LTSE Group. The that under LTSE Rule 1.180 (as adopted Partner is consistent with the phrase ‘‘each of’’ also would be omitted fingerprinting method currently 14 to make the first sentence of the 8 Live-Scan refers to the process of capturing employed by other SROs. For all these proposed rule grammatically correct. fingerprints directly into a digitized format as opposed to traditional ink and paper methods. Live- 11 Access to the FBI’s fingerprint-based database Proposed LTSE Rule 1.180(b) would Scan technology captures and transfers images to a of criminal records is permitted only when be identical to NYSE Rule 28(b) with the central location and/or interface for identification authorized by law. Section 17(f)(2) of the Act exception of the sentence that states processing. explicitly directs the Attorney General to provide ‘‘The Exchange, however, may provide 9 FBI-approved Channel Partners receive the SROs designated by the Commission (e.g., the fingerprint submission and relevant data, collect the Exchange) with access to such criminal history a subsidiary with access to information associated fee(s), electronically forward the record information. Further, as amended by the from background checks based on fingerprint submission with the necessary Dodd-Frank Act, Section 17(f)(2) specifically fingerprints obtained from that information to the FBI Criminal Justice Information requires, inter alia, that employees of national subsidiary.’’ Again, the Exchange Services Division (‘‘CJIS’’) for a national Criminal securities exchanges be fingerprinted. New York’s History Summary check, and receive the electronic General Business Law also requires SROs to summary check result for dissemination to the fingerprint employees ‘‘as a condition of 5 See 15 U.S.C. 78q(f)(2); Dodd-Frank Act, Public authorized employer entity. See Securities employment,’’ as well as certain non-employee Law 111–203, 929S, 124 Stat. 1376, 1867 (2010). Exchange Act Release No. 71066 (December 12, service providers. N.Y. Gen. Bus. Law § 359–e 6 See 17 CFR 240.17f–2(d). 2013), 78 FR 76667 (December 18, 2013) (SR–ISE– (McKinney). 7 The rule was copied verbatim from IEX Rule 2013–66). The Exchange would retain ultimate legal 12 15 U.S.C. 78f. 1.180, with changes only to reflect the different responsibility for the fulfillment of its statutory and 13 15 U.S.C. 78f(b)(5). names of the exchanges. LTSE Rule 1.180(c) also self-regulatory obligations under the Act, including 14 See e.g., NYSE Rule 28; Chicago Board Options erroneously references FINRA as the source of compliance with Section 17(f)(2) of the Act as Exchange (‘‘CBOE’’) Rule 15.10. See generally background information from the fingerprints, amended by the Dodd-Frank Act. Securities Exchange Act Release No. 76422 instead of the Attorney General of the United States 10 See 15 U.S.C. 17(f)(2); Dodd-Frank Act, Public (November 10, 2015), 80 FR 71868 (November 17, or his or her designee. Law 111–203, 929S, 124 Stat. 1376, 1867 (2010). Continued
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16172 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
reasons, the proposal is also designed to filing. However, Rule 19b–4(f)(6)(iii) 21 post all comments on the Commission’s protect investors as well as the public permits the Commission to designate a internet website (http://www.sec.gov/ interest. shorter time if such action is consistent rules/sro.shtml). Copies of the Additionally, the proposed rule is with the protection of investors and the submission, all subsequent nearly identical to NYSE Rule 28 15 and public interest. The Exchange has amendments, all written statements corrects an erroneous reference to requested that the Commission waive with respect to the proposed rule FINRA in LTSE Rule 1.180(c).16 the 30-day operative delay to permit the change that are filed with the Commission, and all written B. Self-Regulatory Organization’s Exchange to amend its fingerprinting communications relating to the Statement on Burden on Competition rule to be accurate, tailored to the Exchange, and substantially similar to proposed rule change between the The Exchange does not believe that NYSE Rule 28 and to begin utilizing the Commission and any person, other than the proposed rule change will impose services of an FBI-approved Channel those that may be withheld from the any burden on competition that is not Partner as soon as practicable. The public in accordance with the necessary or appropriate in furtherance minor differences noted herein do not provisions of 5 U.S.C. 552, will be of the purposes of the Act. The raise substantive or novel issues.22 Thus available for website viewing and proposed rule change is not intended to the Commission believes that waiver of printing in the Commission’s Public address competitive issues but rather the 30-day operative delay is consistent Reference Room, 100 F Street NE, update its existing fingerprint rule to with the protection of investors and the Washington, DC 20549, on official match, with only minor differences, public interest and hereby waives the business days between the hours of NYSE Rule 28, and to allow the use of operative delay and designates the 10:00 a.m. and 3:00 p.m. Copies of the an FBI-approved Channel Partner as proposed rule change operative upon filing also will be available for described above.17 filing.23 inspection and copying at the principal C. Self-Regulatory Organization’s At any time within 60 days of the office of the Exchange. All comments Statement on Comments on the filing of the proposed rule change, the received will be posted without change. Proposed Rule Change Received From Commission summarily may Persons submitting comments are Members, Participants, or Others temporarily suspend such rule change if cautioned that we do not redact or edit it appears to the Commission that such personal identifying information from Written comments were neither action is necessary or appropriate in the comment submissions. You should solicited nor received. public interest, for the protection of submit only information that you wish III. Date of Effectiveness of the investors, or otherwise in furtherance of to make available publicly. All Proposed Rule Change and Timing for the purposes of the Act. submissions should refer to File Commission Action Number SR–LTSE–2020–05 and should IV. Solicitation of Comments be submitted on or before April 10, Because the foregoing proposed rule Interested persons are invited to 2020. change does not: (i) Significantly affect submit written data, views, and the protection of investors or the public For the Commission, by the Division of arguments concerning the foregoing, Trading and Markets, pursuant to delegated interest; (ii) impose any significant including whether the proposed rule authority.24 burden on competition; and (iii) become change is consistent with the Act. J. Matthew DeLesDernier, operative for 30 days from the date on Comments may be submitted by any of Assistant Secretary. which it was filed, or such shorter time the following methods: as the Commission may designate, it has [FR Doc. 2020–05840 Filed 3–19–20; 8:45 am] become effective pursuant to Section Electronic Comments BILLING CODE 8011–01–P 19(b)(3)(A) of the Act 18 and Rule 19b– • Use the Commission’s internet 4(f)(6) thereunder.19 comment form (http://www.sec.gov/ A proposed rule change filed SECURITIES AND EXCHANGE rules/sro.shtml); or COMMISSION pursuant to Rule 19b–4(f)(6) under the • Send an email to rule-comments@ Act 20 normally does not become sec.gov. Please include File Number SR– [Release No. 34–88391; File No. SR– operative for 30 days after the date of its LTSE–2020–05 on the subject line. NYSEAMER–2020–18]
2015) (SR–NYSE–2015–45) (citing Securities Paper Comments Self-Regulatory Organizations; NYSE Exchange Act Release No. 71066 (December 12, • Send paper comments in triplicate American LLC; Notice of Filing and 2013), 78 FR 76667, 76668 n. 12 (December 18, to Secretary, Securities and Exchange Immediate Effectiveness of Proposed 2013) (SR–ISE–2013–66) (noting that ‘‘[a]n FBI- Change To Amend the NYSE American approved Channel Partner simply helps expedite Commission, 100 F Street NE, the delivery of Criminal History Summary Washington, DC 20549–1090. Options Fee Schedule information on behalf of the FBI’’, and that the ‘‘process for making a request through an FBI- All submissions should refer to File March 16, 2020. approved Channel Partner is consistent with FBI Number SR–LTSE–2020–05. This file Pursuant to Section 19(b)(1) 1 of the submission procedures’’)). number should be included on the Securities Exchange Act of 1934 (the 15 See supra text accompanying note 4. subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 16 See supra note 7. Commission process and review your notice is hereby given that, on March 17 See supra text accompanying note 8 [sic]. comments more efficiently, please use 18 12, 2020, NYSE American LLC (‘‘NYSE 15 U.S.C. 78s(b)(3)(A). only one method. The Commission will 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– American’’ or the ‘‘Exchange’’) filed 4(f)(6)(iii) requires a self-regulatory organization to with the Securities and Exchange give the Commission written notice of its intent to 21 17 CFR 240.19b–4(f)(6)(iii). Commission (the ‘‘Commission’’) the file the proposed rule change, along with a brief 22 See supra Background and Proposed Rule proposed rule change as described in description and text of the proposed rule change, Change. at least five business days prior to the date of filing 23 For purposes only of waiving the 30-day 24 of the proposed rule change, or such shorter time operative delay, the Commission also has 17 CFR 200.30–3(a)(12). as designated by the Commission. The Exchange considered the proposed rule’s impact on 1 15 U.S.C. 78s(b)(1). has satisfied this requirement. efficiency, competition, and capital formation. See 2 15 U.S.C. 78a. 20 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16173
Items I, II, and III below, which Items submit initiating CUBE Orders.4 In response to this competitive have been prepared by the self- Specifically, the Exchange proposes to environment, the Exchange has regulatory organization. The modify the Professional Step-Up established various pricing incentives Commission is publishing this notice to Incentive, which offers discounted rates designed to encourage increased solicit comments on the proposed rule on monthly Professional volume, and to Electronic volume executed on the change from interested persons. offer a new rebate on initiating CUBE Exchange, including (but not limited to) volume for those ATP Holders that meet I. Self-Regulatory Organization’s the American Customer Engagement certain Professional volume (‘‘ACE’’) Program and the Professional Statement of the Terms of Substance of requirements and increase their the Proposed Rule Change Step-Up Program. The Exchange also initiating CUBE volume by a specified offers an ACE Initiating Participant The Exchange proposes to amend the amount, as described further below. Rebate to participants in the ACE The Exchange proposes to implement NYSE American Options Fee Schedule Program that initiate CUBE Auctions. the rule changes on March 12, 2020. (‘‘Fee Schedule’’) regarding the The Exchange is proposing to modify Professional Step-Up Incentive program Background the Professional Step-Up program to and rebates for initiating a Customer continue to encourage Professional Best Execution (‘‘CUBE’’) Auction. The The Commission has repeatedly volume and to introduce an alternative Exchange proposes to implement the fee expressed its preference for competition to the ACE Initiating Participant Rebate change effective March 12, 2020. The over regulatory intervention in that would enable non-ACE Program proposed change is available on the determining prices, products, and participants to qualify for a rebate on Exchange’s website at www.nyse.com, at services in the securities markets. In the principal office of the Exchange, and Regulation NMS, the Commission certain initiating CUBE Orders provided at the Commission’s Public Reference highlighted the importance of market they meet certain Professional volume Room. forces in determining prices and SRO requirements and increase their revenues and, also, recognized that initiating CUBE volume. To the extent II. Self-Regulatory Organization’s current regulation of the market system that these incentives succeed, the Statement of the Purpose of, and ‘‘has been remarkably successful in increased liquidity on the Exchange Statutory Basis for, the Proposed Rule promoting market competition in its would result in enhanced market Change broader forms that are most important to quality for all participants. investors and listed companies.’’ 5 In its filing with the Commission, the Proposed Rule Change self-regulatory organization included There are currently 16 registered statements concerning the purpose of, options exchanges competing for order Professional Step-Up Incentive and basis for, the proposed rule change flow. Based on publicly-available and discussed any comments it received information, and excluding index-based Section I.H. of the Fee Schedule sets on the proposed rule change. The text options, no single exchange has more forth the Professional Step-Up Incentive of those statements may be examined at than 16% of the market share of program (the ‘‘Professional Incentive’’), executed volume of multiply-listed which is comprised of Tiers A, B, and the places specified in Item IV below. 6 The Exchange has prepared summaries, equity and ETF options trades. C, and offers discounted rates on set forth in sections A, B, and C below, Therefore, no exchange possesses monthly Professional volume for ATP of the most significant parts of such significant pricing power in the Holders that increase their Professional statements. execution of multiply-listed equity & volume by specified percentages of ETF options order flow. More TCADV over their August 2019 A. Self-Regulatory Organization’s specifically, in the fourth quarter of volume—or, for new ATP Holders that Statement of the Purpose of, and the 2019, the Exchange had less than 10% increase such volume by a specified Statutory Basis for, the Proposed Rule market share of executed volume of percentages of TCADV above 10,000 Change multiply-listed equity & ETF options contracts ADV) (the ‘‘Qualifying 7 trades. Volume’’).8 Under the current Fee 1. Purpose The Exchange believes that the ever- Schedule, ATP Holders that qualify for The purpose of this filing is modify shifting market share among the Tiers B and C of the Professional the Fee Schedule regarding the exchanges from month to month Incentive are also eligible to receive Professional Step-Up Incentive program demonstrates that market participants 9 and rebates for initiating a Customer can shift order flow, or discontinue or certain ACE Program, Tier 1 credits. Best Execution (‘‘CUBE’’) Auction. reduce use of certain categories of The Exchange proposes to modify the In brief, the proposed changes are products, in response to fee changes. Professional Incentive program as designed to encourage ATP Holders to Accordingly, competitive forces shown in the table below. (Proposed increase their Electronic volume in the constrain options exchange transaction text is italicized, while text to be deleted ‘‘Professional’’ range as well as to fees. is in brackets).10
4 For purposes of this filing, ‘‘Professional’’ 7 Based on OCC data, see id., the Exchange’s Fee Schedule participants that qualify for Tier B of Electronic volume includes: Professional Customer, market share in equity-based options declined from the Professional Incentive do not receive all of the Broker Dealer, Non-NYSE American Options 9.82% for the month of January 2019 to 8.08% for benefits that inure to ATP Holders that qualify for Market Maker, and Firm (the ‘‘Professional the month of January 2020. ACE Tier 1; they are solely entitled to the reduce volume’’). 8 See Fee Schedule, Section I.H., Professional rates on Customer Electronic Volume. See Fee 5 See Securities Exchange Act Release No. 51808 Step-Up Incentive, available here, https:// Schedule, Section I.H., Professional Step-Up (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) www.nyse.com/publicdocs/nyse/markets/american- (S7–10–04) (‘‘Reg NMS Adopting Release’’). options/NYSE_American_Options_Fee_ Incentive. 6 The OCC publishes options and futures volume Schedule.pdf. 10 See proposed Fee Schedule, Section I.H., in a variety of formats, including daily and monthly 9 See id. See also Fee Schedule, Section I.E. Professional Step-Up Incentive. volume by exchange, available here: https:// (describing the ACE Program and associated www.theocc.com/market-data/volume/default.jsp. credits). The Exchange notes that under the current
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16174 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
PROFESSIONAL STEP-UP INCENTIVE
Qualifying Per contract Per contract volume as a Penny Pilot non Penny ACE benefits % of TCADV rate Pilot rate
Tier A ...... [0.04] 0.06 [$0.42] 0.45 [$0.65] 0.70 N/A. Tier B ...... [0.07] 0.08 0.35 [0.55] 0.60 [Tier 1 Customer Credits only (per Section I.E.)] N/A. Tier C ...... [0.09] 0.10 0.25 0.50 Tier 1 [Customer Credits (per Section I.E.), plus ACE Initiating Partici- pant Rebate—All issues (per Section I.G.)].
As shown in the table above, the 1–5 of the ACE Program a ($0.12) per choice of where they direct their order Exchange proposes to increase the contract rebate for up to 5,000 Customer flow. The proposed modification to the Qualifying Volume requirement for each contracts per CUBE Order executed in a Professional Incentive program as well of the Tiers A, B and C to 0.06%, 0.08% CUBE Auction (the ‘‘ACE Initiating as the Alternative Initiating Participant and 0.10% (up from 0.04%, 0.07% and Participant Rebate.’’) 14 The Exchange Rebate are designed to encourage ATP 0.09%), respectively. For Tier A, the proposes to offer an alternative to the Holders to increase the amount of Exchange also proposes to increase the ACE Initiating Participant Rebate, which Professional volume directed to and rate per contract to $0.45 (up from would be a ($0.10) per contract rebate executed on the Exchange. In addition, $0.42) for Penny Pilot issues, which for all issues that would likewise apply the proposed Alternative Initiating would still be a discounted rate, and to first 5,000 Customer contracts per Participant Rebate is designed to $0.70 (up from $0.65) for non-Penny CUBE Order executed in a CUBE increase incentives for submission of Pilot Issues, which would still be a Auction, provided the ATP Holder met CUBE Orders, which should maximize discounted rate.11 For Tier B, the certain volume requirements (the price improvement opportunities for Exchange proposes to increase the rate ‘‘Alternative Initiating Participant Customers. The Exchange notes that all per contract to $0.60 (up from $0.55) for Rebate’’).15 market participants stand to benefit non-Penny Pilot issues, which would Specifically, to qualify for the from increased volume, as increased still be a discounted rate, and to remove Alternative Initiating Participant Rebate, liquidity promotes market depth, the ACE Program ‘‘Tier 1 Customer only an ATP would have to execute: facilitates tighter spreads and enhances • credits.’’ 12 The Exchange proposes to A minimum of 10,000 contracts price discovery, and may lead to a remove the ACE benefit from Tier B as average daily volume (‘‘ADV’’) in the corresponding increase in order flow it did not incent Professional Customer ‘‘Professional range, as defined in from other market participants. order flow as anticipated, likely because Section I.H.’’ of the Fee Schedule, (i.e., The Exchange cannot predict with the ACE benefits were limited to in the Professional Incentive program); certainty whether any ATP Holders Customer transactions and thus did not and incent increased Professional volume. • Increase their Initiating CUBE would avail themselves of this proposed The Exchange believes that a better Orders by the greater of 20% over their fee change. Assuming historical incentive is the Alternative Initiating August 2019 volume or 10,000 contracts behavior can be predictive of future Participant Rebate, as described below. ADV.16 behavior, however, the Exchange Because the Exchange is removing the The proposed Alternative Initiating believes that at present participation limited ACE Benefit for Tier B Participant Rebate would be payable in rates, between two and four firms may participants, it proposes to streamline addition to the Initiating Participant be able to qualify for Professional the description of ACE Benefits Credit for both Penny and non-Penny Incentive program and between two and available in the preamble of Section I.H. Pilot issues, which provide per contract four firms may qualify for the and regarding Tier C to simply read: credits of ($0.30) and ($0.70), Alternative Initiating Participant Rebate ‘‘Tier 1,’’ which the Exchange believes respectively. However, an ATP Holder on initiating CUBE volume. would make the Fee Schedule easier to that qualifies for both the ACE Initiating 2. Statutory Basis navigate and comprehend.13 Participant Rebate (which is ($0.12)) and the Alternative Initiating The Exchange believes that the CUBE Auction Fees & Credits: Participant Rebate (which is ($0.10)) proposed rule change is consistent with Alternative Initiating Participant Rebate would be entitled only to the greater of Section 6(b) of the Act,19 in general, and Section I.G. of the Fee Schedule sets the two rebates (i.e., the ACE Initiating furthers the objectives of Sections forth the rates for per contract fees and Participant Rebate).17 6(b)(4) and (5) of the Act,20 in particular, credits for executions associated with a The Exchange’s fees are constrained because it provides for the equitable CUBE Auction. The Exchange currently by intermarket competition, as ATP allocation of reasonable dues, fees, and offers ATP Holders that qualify for Tiers Holders may direct their order flow to other charges among its members, any of the 16 options exchanges, issuers and other persons using its 11 See Fee Schedule, Section I. A., supra note 8 including those with similar incentive facilities and does not unfairly (setting forth options transactions rates for programs.18 Thus, ATP Holders have a Electronic Professional volume of $0.50 and $0.75 for Penny and Non-Penny issues respectively; 01142020.pdf (setting forth per contract credits on except that Firm execution in Penny issues are 14 See Section I.G. of the Fee Schedule, CUBE volume submitted for the account of Public charged $0.47 per contract). Auction Fees & Credits, note 2, see supra note 8. Customers that are not Priority Customers, Non- 12 See id. 15 See proposed Section I.G. of the Fee Schedule, MIAX Market Makers, Non-Member Broker Dealers, 13 See proposed Fee Schedule, Section I. H, CUBE Auction Fees & Credits, note 2. and Firms (collectively, Professional for purposes of Professional Step-up Incentive (citing only ACE 16 See id. MIAX program), provided the Member achieves ‘‘Tier 1’’ in the preamble to Section I.H. and Tier 17 See id. certain Professional volume increase percentage C, thus removing the now extraneous references 18 See e.g., MIAX Options fee schedule, Section thresholds (set forth in the schedule) in the month to—and verbiage regarding—ACE ‘‘Section I.E.’’ 1.a.iv, Professional Rebate Program, available here, relative to the fourth quarter of 2015). Customer credits and ‘‘Section I.G.’’ CUBE Initiating https://www.miaxoptions.com/sites/default/files/ 19 15 U.S.C. 78f(b). Participant Rebate.’’ fee_schedule-files/MIAX_Options_Fee_Schedule_ 20 15 U.S.C. 78f(b)(4) and (5).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16175
discriminate between customers, Initiating Participant Rebate, it is improve the Exchange’s overall issuers, brokers or dealers. offering participants another means of competitiveness and strengthen its achieving a rebate based on Professional market quality for all market The Proposed Rule Change Is volume, which should provide participants. In the backdrop of the Reasonable additional incentive to direct such order competitive environment in which the The Exchange operates in a highly flow to the Exchange. The Exchange Exchange operates, the proposed rule competitive market. The Commission proposes to remove the ACE benefit changes are a reasonable attempt by the has repeatedly expressed its preference from Tier B of the Professional Incentive Exchange to increase the depth of its for competition over regulatory program because it did not increase market and improve its market share intervention in determining prices, Professional order flow as anticipated, relative to its competitors. The proposed products, and services in the securities likely because the ACE benefits were rule changes are designed to continue to markets. In Regulation NMS, the limited to Customer transactions and incent ATP Holders to direct liquidity to Commission highlighted the importance thus did not incent increased the Exchange in Electronic executions, of market forces in determining prices Professional volume. Instead, the similar to other exchange programs with and SRO revenues and, also, recognized Exchange believes that the Alternative competitive pricing programs, thereby that current regulation of the market Initiating Participant Rebate may better promoting market depth, price system ‘‘has been remarkably successful incent ATP Holder’s to increase discovery and improvement and in promoting market competition in its Professional volume. enhancing order execution broader forms that are most important to The Exchange also believes that the opportunities for market participants.24 investors and listed companies.’’ 21 proposed Alternative Initiating On the backdrop of the competitive There are currently 16 registered Participant Rebate for initiating CUBE environment in which the Exchange options exchanges competing for order volume is reasonable because it may operates, the proposed rule change is a flow. Based on publicly-available encourage ATP Holders that choose to reasonable attempt by the Exchange to information, and excluding index-based participate in the CUBE to direct order increase the depth of its market and options, no single exchange has more flow, including initiating CUBE volume improve its market share relative to its than 16% of the market share of to the Exchange. The Exchange notes competitors. executed volume of multiply-listed that all market participants stand to equity and ETF options trades.22 benefit from increased Electronic The Proposed Rule Change Is an Therefore, no exchange possesses transaction volume, as such increase Equitable Allocation of Credits and Fees significant pricing power in the promotes market depth, facilitates The Exchange believes the proposed execution of multiply-listed equity & tighter spreads and enhances price rule change is an equitable allocation of ETF options order flow. More discovery, and may lead to a its fees and credits. The proposal is specifically, in the fourth quarter of corresponding increase in order flow based on the amount and type of 2019, the Exchange had less than 10% from other market participants that do business transacted on the Exchange market share of executed volume of not participant in (or qualify for) the and ATP Holders can opt to avail multiply-listed equity & ETF options Professional Incentive program or the themselves of these incentives or not. trades.23 Alternative Initiating Participant Rebate. Moreover, the proposals are designed to The Exchange believes that the ever- The Exchange believes that the baseline encourage ATP Holders to aggregate shifting market share among the of 10,000 ADV Professional volumes for their executions at the Exchange as a exchanges from month to month new ATP Holders is reasonable because primary execution venue. To the extent demonstrates that market participants these volumes are comparable to trading that the proposed changes attract more can shift order flow, or discontinue or volumes in August 2019 for those firms Professional and Customer volume to reduce use of certain categories of that were active on the Exchange and the Exchange, this increased order flow products, in response to fee changes. eligible to increase their CUBE initiating would continue to make the Exchange a Accordingly, competitive forces volume by 20% to qualify for the more competitive venue for, among constrain options exchange transaction Alternative Initiating Participant Rebate. other things, order execution. Thus, the fees. Stated otherwise, changes to Moreover, the proposed Alternative Exchange believes the proposed rule exchange transaction fees can have a Initiating Participant Rebate provides changes would improve market quality direct effect on the ability of an another avenue (outside of the ACE for all market participants on the exchange to compete for order flow. Program) for participants to avail Exchange and, as a consequence, attract The Exchange believes that the themselves of a rebate for initiating more order flow to the Exchange thereby proposed modifications to the existing CUBE Auctions. improving market-wide quality and Professional Incentive program are The Exchange cannot predict with price discovery. reasonable because, although the certainty whether any ATP Holders proposed volume requirements and would avail themselves of this proposed The Proposed Rule Change Is Not associated fees would increase, the rates fee change. Assuming historical Unfairly Discriminatory would still be discounted and the behavior can be predictive of future The Exchange believes that the Program would continue to be designed behavior, however, the Exchange proposal is not unfairly discriminatory to incent ATP Holders to increase the believes that at present participation because the proposed modifications amount of Professional order flow rates, between two and four firms may would be available to all similarly- directed to the Exchange. The Exchange be able to qualify for Professional situated market participants on an equal also notes that with the Alternative Incentive program and between two and and non-discriminatory basis. ATP four additional firms may qualify for the Holders would continue to have the 21 See Reg NMS Adopting Release, supra note 5, Alternative Initiating Participant Rebate option of availing themselves of the at 37499. on initiating CUBE volume. still-reduced rates available under the 22 See supra note 6. Finally, to the extent the proposed 23 Based on OCC data, see supra note 7, the Professional Incentive program and Exchange’s market share in equity-based options pricing incentives continue to attract declined from 9.82% for the month of January 2019 volume and liquidity, the Exchange 24 See, e.g., supra note 18 (regarding MIAX to 8.08% for the month of January 2020. believes the proposed changes would Professional Rebate Program).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16176 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
would have increased opportunity to execution opportunities for all market liquidity and to attract order flow. To qualify for rebates based on their participants. As a result, the Exchange the extent that this purpose is achieved, Professional volume with the believes that the proposed change all the Exchange’s market participants Alternative Initiating Participant Rebate. furthers the Commission’s goal in should benefit from the improved The Alternative Initiating Participant adopting Regulation NMS of fostering market quality and increased Rebate also offers participants that integrated competition among orders, opportunities for price improvement. choose to participate in the CUBE, but which promotes ‘‘more efficient pricing The Exchange believes that the do not qualify for the ACE Initiating of individual stocks for all types of proposed change could promote Participant Program to be eligible to orders, large and small.’’ 25 competition between the Exchange and receive a rebate on initiating CUBE Intramarket Competition. The other execution venues, including those volume. The Exchange believes that this proposed change is designed to that currently offer similar pricing proposal should incent ATP Holders to continue to attract order flow to the incentives, by encouraging additional direct volume to the Exchange, which Exchange by offering competitive rates orders to be sent to the Exchange for would increase liquidity on the and credits (via the Professional execution.28 Incentive program and the Alternative Exchange to the benefit of all market C. Self-Regulatory Organization’s Initiating Participant Rebate) based on participants. Statement on Comments on the The proposals are based on the increased volumes on the Exchange, Proposed Rule Change Received From amount and type of business transacted which would enhance the quality of Members, Participants, or Others on the Exchange and ATP Holders are quoting and may increase the volumes not obligated to try to achieve either of of contracts trade on the Exchange. To No written comments were solicited the incentive pricing options. Rather, the extent that this purpose is achieved, or received with respect to the proposed the proposals are designed to encourage all of the Exchange’s market participants rule change. participants to utilize the Exchange as a should benefit from the improved III. Date of Effectiveness of the primary trading venue (if they have not market liquidity. Enhanced market Proposed Rule Change and Timing for done so previously) or increase quality and increased transaction Commission Action Electronic volume sent to the Exchange. volume that results from the anticipated To the extent that the proposed changes increase in order flow directed to the The foregoing rule change is effective attract more executions to the Exchange, Exchange will benefit all market upon filing pursuant to Section 29 this increased order flow would participants and improve competition 19(b)(3)(A) of the Act and 30 continue to make the Exchange a more on the Exchange. subparagraph (f)(2) of Rule 19b–4 competitive venue for order execution. Intermarket Competition. The thereunder, because it establishes a due, Thus, the Exchange believes the Exchange operates in a highly fee, or other charge imposed by the proposed rule changes would improve competitive market in which market Exchange. market quality for all market participants can readily favor one of the At any time within 60 days of the participants on the Exchange and, as a 16 competing option exchanges if they filing of such proposed rule change, the consequence, attract more order flow to deem fee levels at a particular venue to Commission summarily may the Exchange thereby improving market- be excessive. In such an environment, temporarily suspend such rule change if wide quality and price discovery. The the Exchange must continually adjust its it appears to the Commission that such resulting increased volume and fees to remain competitive with other action is necessary or appropriate in the liquidity would provide more trading exchanges and to attract order flow to public interest, for the protection of opportunities and tighter spreads to all the Exchange. Based on publicly- investors, or otherwise in furtherance of market participants and thus would available information, and excluding the purposes of the Act. If the promote just and equitable principles of index-based options, no single exchange Commission takes such action, the trade, remove impediments to and has more than 16% of the market share Commission shall institute proceedings perfect the mechanism of a free and of executed volume of multiply-listed under Section 19(b)(2)(B) 31 of the Act to open market and a national market equity and ETF options trades.26 determine whether the proposed rule system and, in general, to protect Therefore, no exchange possesses change should be approved or investors and the public interest. significant pricing power in the disapproved. Finally, the Exchange believes that it execution of multiply-listed equity & IV. Solicitation of Comments is subject to significant competitive ETF options order flow. More forces, as described below in the specifically, in the fourth quarter of Interested persons are invited to Exchange’s statement regarding the 2019, the Exchange had less than 10% submit written data, views, and burden on competition. market share of executed volume of arguments concerning the foregoing, multiply-listed equity & ETF options including whether the proposed rule B. Self-Regulatory Organization’s trades.27 change is consistent with the Act. Statement on Burden on Competition The Exchange believes that the Comments may be submitted by any of In accordance with Section 6(b)(8) of proposed rule change reflects this the following methods: the Act, the Exchange does not believe competitive environment because it Electronic Comments that the proposed rule change would modifies the Exchange’s fees in a • impose any burden on competition that manner designed to continue to Use the Commission’s internet is not necessary or appropriate in encourage ATP Holders to direct trading comment form (http://www.sec.gov/ rules/sro.shtml); or furtherance of the purposes of the Act. interest to the Exchange, to provide • Instead, as discussed above, the Send an email to rule-comments@ sec.gov. Please include File No. SR– Exchange believes that the proposed 25 See Reg NMS Adopting Release, supra note 5, changes would encourage the at 37499. 26 28 See, e.g., supra note 18 (regarding MIAX submission of additional liquidity to a See supra note 6. 27 Based on OCC data, supra note 7, the Professional Rebate Program). public exchange, thereby promoting Exchange’s market share in equity-based options 29 15 U.S.C. 78s(b)(3)(A). market depth, price discovery and declined from 9.82% for the month of January 2019 30 17 CFR 240.19b–4(f)(2). transparency and enhancing order to 8.08% for the month of January 2020. 31 15 U.S.C. 78s(b)(2)(B).
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16177
NYSEAMER–2020–18 on the subject PLACE: The meeting will be held at the DATES: December 1–31, 2019. line. Commission’s headquarters, 100 F ADDRESSES: Susquehanna River Basin Street NE, Washington, DC 20549. Paper Comments Commission, 4423 North Front Street, STATUS: This meeting will be closed to Harrisburg, PA 17110–1788. • Send paper comments in triplicate the public. FOR FURTHER INFORMATION CONTACT: to Secretary, Securities and Exchange MATTERS TO BE CONSIDERED: Jason E. Oyler, General Counsel and Commission, 100 F Street NE, Commissioners, Counsel to the Secretary to the Commission, telephone: Washington, DC 20549–1090. Commissioners, the Secretary to the (717) 238–0423, ext. 1312; fax: (717) 238–2436; email: [email protected]. All submissions should refer to File No. Commission, and recording secretaries Regular mail inquiries May be sent to SR–NYSEAMER–2020–18. This file will attend the closed meeting. Certain the above address. number should be included on the staff members who have an interest in subject line if email is used. To help the the matters also may be present. SUPPLEMENTARY INFORMATION: This In the event that the time, date, or Commission process and review your notice lists the projects, described location of this meeting changes, an comments more efficiently, please use below, that have been revoked for the announcement of the change, along with only one method. The Commission will time period specified above: the new time, date, and/or place of the post all comments on the Commission’s meeting will be posted on the Revocation of Approvals by Rule— internet website (http://www.sec.gov/ Commission’s website at https:// Issued Under 18 CFR 806.22(f): rules/sro.shtml). Copies of the www.sec.gov. 1. XPR Resources, LLC; Pad ID: submission, all subsequent The General Counsel of the Resource Recovery Well #1; ABR– amendments, all written statements Commission, or his designee, has 201010059.R1; Snow Shoe Township, with respect to the proposed rule certified that, in his opinion, one or Centre County, Pa.; Revocation of change that are filed with the more of the exemptions set forth in 5 Approval Date: December 24, 2019. Commission, and all written U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) 2. Seneca Resources Company, LLC; communications relating to the and (10) and 17 CFR 200.402(a)(3), Pad ID: Gamble Pad G; ABR–201906005; proposed rule change between the (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and Gamble Township, Lycoming County, Commission and any person, other than (a)(10), permit consideration of the Pa.; Revocation of Approval Date: those that may be withheld from the scheduled matters at the closed meeting. December 26, 2019. public in accordance with the The subject matters of the closed 3. Seneca Resources Company, LLC; provisions of 5 U.S.C. 552, will be meeting will consist of the following Pad ID: C09–E; ABR–201512009; available for website viewing and topics: Shippen Township, Cameron County, printing in the Commission’s Public Institution and settlement of Pa.; Revocation of Approval Date: Reference Room, 100 F Street NE, injunctive actions; December 26, 2019. Washington, DC 20549, on official Institution and settlement of 4. Chief Oil & Gas, LLC; Pad ID: business days between the hours of administrative proceedings; Andrus Drilling Pad #1; ABR– 10:00 a.m. and 3:00 p.m. Copies of the Resolution of litigation claims; and 201101023.R1; Franklin and Granville filing also will be available for Other matters relating to enforcement Townships, Bradford County, Pa.; inspection and copying at the principal proceedings. Revocation of Approval Date: December office of the Exchange. All comments At times, changes in Commission 30, 2019. received will be posted without change. priorities require alterations in the Persons submitting comments are (Authority: Pub. L. 91–575, 84 Stat. 1509 et scheduling of meeting agenda items that seq., 18 CFR parts 806, 807, and 808) cautioned that we do not redact or edit may consist of adjudicatory, personal identifying information from examination, litigation, or regulatory Dated: March 16, 2020. comment submissions. You should matters. Jason E. Oyler, submit only information that you wish CONTACT PERSON FOR MORE INFORMATION: General Counsel and Secretary to the Commission. to make available publicly. All For further information; please contact submissions should refer to File No. Vanessa A. Countryman from the Office [FR Doc. 2020–05873 Filed 3–19–20; 8:45 am] SR–NYSEAMER–2020–18, and should of the Secretary at (202) 551–5400. BILLING CODE 7040–01–P be submitted on or before April 10, 2020. Dated: March 17, 2020. Vanessa A. Countryman, For the Commission, by the Division of SUSQUEHANNA RIVER BASIN Trading and Markets, pursuant to delegated Secretary. COMMISSION authority.32 [FR Doc. 2020–06012 Filed 3–18–20; 11:15 am] BILLING CODE 8011–01–P Grandfathering (GF) Registration J. Matthew DeLesDernier, Notice Assistant Secretary. [FR Doc. 2020–05849 Filed 3–19–20; 8:45 am] AGENCY: Susquehanna River Basin SUSQUEHANNA RIVER BASIN BILLING CODE 8011–01–P Commission. COMMISSION ACTION: Notice.
SECURITIES AND EXCHANGE Revocation of Approvals SUMMARY: This notice lists Grandfathering Registration for projects COMMISSION AGENCY: Susquehanna River Basin Commission. by the Susquehanna River Basin Sunshine Act Meetings Commission during the period set forth ACTION: Notice. in DATES. TIME AND DATE: 1:30 p.m. on Tuesday, SUMMARY: This notice lists the projects DATES: February 1–29, 2020. March 24, 2020. approved by rule by the Susquehanna ADDRESSES: Susquehanna River Basin River Basin Commission during the Commission, 4423 North Front Street, 32 17 CFR 200.30–3(a)(12). period set forth in DATES. Harrisburg, PA 17110–1788.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16178 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
FOR FURTHER INFORMATION CONTACT: SUSQUEHANNA RIVER BASIN 4. Project Sponsor and Facility: SWN Jason E. Oyler, General Counsel and COMMISSION Production Company, LLC Secretary to the Commission, telephone: (Susquehanna River), Oakland (717) 238–0423, ext. 1312; fax: (717) Actions Taken at March 13, 2020, Township, Susquehanna County, Pa. 238–2436; email: [email protected]. Meeting Application for renewal of surface water Regular mail inquiries may be sent to AGENCY: Susquehanna River Basin withdrawal of up to 3.000 mgd (peak the above address. Commission. day) (Docket No. 20160310). 5. Project Sponsor and Facility: SWN ACTION: SUPPLEMENTARY INFORMATION: This Notice. Production Company, LLC notice lists GF Registration for projects, SUMMARY: As part of its regular business (Tunkhannock Creek), Lenox Township, described below, pursuant to 18 CFR meeting held on March 13, 2020, in Susquehanna County, Pa. Application 806, Subpart E for the time period Harrisburg, Pennsylvania, the for renewal of surface water withdrawal specified above: Grandfathering Commission approved the applications of up to 1.218 mgd (peak day) (Docket Registration Under 18 CFR part 806, of certain water resources projects, and No. 20160311). subpart E: took additional actions, as set forth in 6.. Project Sponsor and Facility: 1. Elmhurst Country Club, GF the Supplementary Information below. Towanda Municipal Authority, Albany Certificate No. GF–202002083, Roaring DATES: March 16, 2020. Township, Bradford County, Pa. Application for groundwater Brook Township, Lackawanna County, ADDRESSES: Susquehanna River Basin withdrawal of up to 0.551 mgd (30-day Pa.; Wells 1 and 2; Issue Date: February Commission, 4423 N Front Street, Harrisburg, PA 17110–1788. average) from the Eilenberger Spring. 3, 2020. 7. Project Sponsor: York Haven Power 2. Weaverland Valley Authority— FOR FURTHER INFORMATION CONTACT: Company, LLC. Project Facility: York Terre Hill Water System, GF Certificate Jason E. Oyler, General Counsel and Haven Hydroelectric Project, No. GF–202002084, Terre Hill Borough Secretary, telephone: (717) 238–0423, Londonderry Township, Dauphin and East Earl Township, Lancaster ext. 1312, fax: (717) 238–2436; email: County; Conoy Township, Lancaster County, Pa.; Wells 1 and 3; Issue Date: [email protected]. Regular mail inquiries County; and York Haven Borough and February 3, 2020. may be sent to the above address. See Newberry Township, York County, Pa. also Commission website at Application for approval of an existing 3. Williamsport Country Club Inc.— www.srbc.net. Williamsport Country Club, GF hydroelectric facility. SUPPLEMENTARY INFORMATION: In Certificate No. GF–202002085, addition to the actions taken on projects Project Approved Involving a Diversion Loyalsock Township, Lycoming County, identified in the summary above and the 1. Project Sponsor: Gas Field Pa.; Wells 1 and 2, and consumptive listings below, the following items were Specialists, Inc. Project Facility: Wayne use; Issue Date: February 18, 2020. also presented or acted upon at the Gravel Products Quarry, Ceres 4. Town of Kirkwood—Public Water business meeting: (1) Resolution 2020– Township, McKean County, Pa. Supply System, GF Certificate No. GF– 01 adopting the Commission’s Fiscal Application for renewal of an into-basin 202002086, Town of Kirkwood, Broome Year 2021 Budget Reconciliation; (2) diversion from the Ohio River Basin of County, N.Y.; Well 1; Issue Date: ratification/approval of contracts/grants; up to 1.170 mgd (peak day) (Docket No. February 24, 2020. (3) Resolution 2020–02 adopting Final 20160312). Rulemaking regarding consumptive use 5. Pennsylvania Fish & Boat Commission Initiated Project Approval mitigation and adopting Consumptive Commission—Bellefonte State Fish Modifications Use Mitigation Policy; (4) Resolution Hatchery, GF Certificate No. GF– 1. Project Sponsor and Facility: 202002087, Benner Township, Centre 2020–03 adopting Guidance For The Preparation Of A Metering Plan & A Susquehanna Valley Country Club, County, Pa.; the Spring, and Wells 1 and Groundwater Elevation Monitoring Plan Monroe Township, Snyder County, Pa. 2; Issue Date: February 24, 2020. For Withdrawals, Consumptive Uses Conforming the grandfathering amount 6. Pennsylvania Fish & Boat And Diversions (‘‘Metering Plan with the forthcoming determination for Commission—Benner Spring State Fish Guidance’’); and (5) Regulatory Program a groundwater withdrawal up to 0.162 Hatchery, GF Certificate No. GF– projects. mgd (30-day average) from the Front 202002088, Benner Township, Centre Nine Well (Docket No. 20020814). County, Pa.; Benner Spring and Spring Project Applications Approved 2. Project Sponsor and Facility: New Creek; Issue Date: February 24, 2020. 1. Project Sponsor and Facility: ARD Morgan Borough Utilities Authority, New Morgan Borough, Berks County, 7. Tunkhannock Borough Municipal Operating, LLC (Lycoming Creek), Lewis Pa. Modification to remove expired Well Authority—Public Water Supply Township, Lycoming County, Pa. Application for renewal of surface water PW–3 and to recognize the System, GF Certificate No. GF– withdrawal of up to 1.340 mgd (peak interconnection with Caernarvon 202002089, Tunkhannock Borough, day) (Docket No. 20160301). Township Authority. Well PW–3 Wyoming County, Pa.; Well 1 (Hill Well 2. Project Sponsor and Facility: EQT automatically expired consistent with 1) and Well 4 (Ravine); Issue Date: Production Company (Wilson Creek), Condition 25 of the approval due to lack February 24, 2020. Duncan Township, Tioga County, Pa. of commencement of withdrawal (Authority: Pub. L. 91–575, 84 Stat. 1509 et Application for renewal of surface water (Docket No. 20141207). seq., 18 CFR parts 806 and 808) withdrawal of up to 0.720 mgd (peak In addition, as a part of Resolution 2020–02, which was adopted, the Dated: March 16, 2020. day) (Docket No. 20160305). 3. Project Sponsor and Facility: New Executive Director has the authority Jason E. Oyler, Holland Borough Authority, New necessary to carry out the General Counsel and Secretary to the Holland Borough, Lancaster County, Pa. implementation of the final rulemaking Commission. Application for groundwater and policy, including where necessary [FR Doc. 2020–05877 Filed 3–19–20; 8:45 am] withdrawal of up to 0.860 mgd (30-day approving any Commission-initiated BILLING CODE 7040–01–P average) from Well 5. modifications to consumptive use
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16179
approvals to modify the mitigation Pa.; Consumptive Use of Up to 3.0000 SUSQUEHANNA RIVER BASIN requirements for evaporative losses from mgd; Approval Date: December 9, 2019. COMMISSION ponds and other on-site structures that 3. Seneca Resources Company, LLC; Projects Approved for Consumptive meet the mitigation standard in Policy Pad ID: B09–I; ABR–201912001; Uses of Water No. 2020–01. As such, notice is hereby Shippen Township, Cameron County, given that the Executive Director is Pa.; Consumptive Use of Up to 4.0000 AGENCY: Susquehanna River Basin initiating such modifications. A list of mgd; Approval Date: December 10, Commission. modifications under review by ACTION: Notice. Commission staff and date for public 2019. comment on those modifications can be 4. Chief Oil & Gas, LLC; Pad ID: SUMMARY: This notice lists the projects found at the Commission’s website at Polovitch Unit #1H; ABR–20090826.R2; approved by rule by the Susquehanna www.srbc.net, https://www.srbc.net/ Nicholson Township, Wyoming County, River Basin Commission during the about/meetings-events/meeting- Pa.; Consumptive Use of Up to 5.0000 period set forth in DATES. comment/default.aspx?type=9&cat=29. mgd; Approval Date: December 20, DATES: January 1–31, 2020. Authority: Pub.L. 91–575, 84 Stat. 1509 et 2019. ADDRESSES: Susquehanna River Basin seq., 18 CFR parts 806, 807, and 808. 5. Range Resources—Appalachia, Commission, 4423 North Front Street, Dated: March 16, 2020. LLC; Pad ID: Roup 1H–2H; ABR– Harrisburg, PA 17110–1788. Jason E. Oyler, 201407018.R1; Mifflin Township, FOR FURTHER INFORMATION CONTACT: General Counsel and Secretary to the Lycoming County, Pa.; Consumptive Jason E. Oyler, General Counsel and Commission. Use of Up to 2.0000 mgd; Approval Secretary to the Commission, telephone: [FR Doc. 2020–05872 Filed 3–19–20; 8:45 am] Date: December 20, 2019. (717) 238–0423, ext. 1312; fax: (717) BILLING CODE 7040–01–P 6. Chesapeake Appalachia, L.L.C.; Pad 238–2436; email: [email protected]. ID: Doss; ABR–20091109.R2; Albany Regular mail inquiries May be sent to the above address. Township, Bradford County, Pa.; SUSQUEHANNA RIVER BASIN SUPPLEMENTARY INFORMATION Consumptive Use of Up to 7.5000 mgd; : This COMMISSION Approval Date: December 23, 2019. notice lists the projects, described below, receiving approval for the Projects Approved for Consumptive 7. Chesapeake Appalachia, L.L.C.; Pad consumptive use of water pursuant to Uses of Water ID: CSI; ABR–20091112.R2; Burlington the Commission’s approval by rule Township, Bradford County, Pa.; AGENCY: Susquehanna River Basin process set forth in 18 CFR 806.22 Commission. Consumptive Use of Up to 7.5000 mgd; (f)(13) and 18 CFR 806.22 (f) for the time Approval Date: December 23, 2019. period specified above: ACTION: Notice. 8. Chief Oil & Gas, LLC; Pad ID: Water Source Approval—Issued Under SUMMARY: This notice lists the projects Kuziak B Drilling Pad; ABR– 18 CFR 806.22(f): approved by rule by the Susquehanna 201409004.R1; Elkland Township, River Basin Commission during the Sullivan County, Pa.; Consumptive Use 1. Cabot Oil & Gas Corporation; Pad ID: period set forth in DATES. of Up to 2.5000 mgd; Approval Date: BrooksW P1; ABR–20090701.R2; Springville Township, Susquehanna DATES: December 1–31, 2019 December 23, 2019. County, Pa.; Consumptive Use of Up to ADDRESSES: Susquehanna River Basin 9. Cabot Oil & Gas Corporation; Pad 5.0000 mgd; Approval Date: January 14, Commission, 4423 North Front Street, ID: WeissM P1; ABR–201407003.R1; 2020. Harrisburg, PA 17110–1788. Gibson Township, Susquehanna 2. Cabot Oil & Gas Corporation; Pad ID: HullR FOR FURTHER INFORMATION CONTACT: P1; ABR–20090702.R2; Springville County, Pa.; Consumptive Use of Up to Township, Susquehanna County, Pa.; Jason E. Oyler, General Counsel and 5.0000 mgd; Approval Date: December Secretary to the Commission, telephone: Consumptive Use of Up to 5.0000 mgd; 31, 2019. Approval Date: January 14, 2020. (717) 238–0423, ext. 1312; fax: (717) 3. Cabot Oil & Gas Corporation; Pad ID: 238–2436; email: [email protected]. 10. SWN Production Company, LLC; Pad ID: Greenzweig (GU C Pad); ABR– Heitsman P1A; ABR–20090703.R2; Regular mail inquiries May be sent to Springville Township, Susquehanna the above address. 201407004.R1; Herrick Township, County, Pa.; Consumptive Use of Up to SUPPLEMENTARY INFORMATION: This Bradford County, Pa.; Consumptive Use 5.0000 mgd; Approval Date: January 14, notice lists the projects, described of Up to 4.9990 mgd; Approval Date: 2020. below, receiving approval for the December 31, 2019. 4. Cabot Oil & Gas Corporation; Pad ID: Gesford P2; ABR–20090705.R2; Dimock consumptive use of water pursuant to 11. SWN Production Company, LLC; Township, Susquehanna County, Pa.; the Commission’s approval by rule Pad ID: NR–20–COLWELL–PAD; ABR– Consumptive Use of Up to 5.0000 mgd; process set forth in 18 CFR 806.22 201407010.R1; Oakland Township, Approval Date: January 14, 2020. (f)(13) and 18 CFR 806.22 (f) for the time Susquehanna County, Pa.; Consumptive 5. SWN Production Company, LLC; Pad ID: period specified above: Use of Up to 4.9990 mgd; Approval Carrar Pad Site; ABR–20090725.R2; Date: December 31, 2019. Liberty Township, Susquehanna County, Water Source Approval—Issued Under Pa.; Consumptive Use of Up to 3.0000 18 CFR 806.22(f) (Authority: Pub. L. 91–575, 84 Stat. 1509 et mgd; Approval Date: January 14, 2020. 1. Repsol Oil & Gas USA, LLC; Pad ID: seq., 18 CFR parts 806, 807, and 808) 6. Repsol Oil & Gas USA, LLC; Pad ID: DCNR 587 (02 002); ABR–20090811.R2; Ward Wilcox #1; ABR–20090803.R2; Dated: March 16, 2020. Covington Township, Tioga County, Pa.; Township, Tioga County, Pa.; Jason E. Oyler, Consumptive Use of Up to 3.0000 mgd; Consumptive Use of Up to 0.9999 mgd; General Counsel and Secretary to the Approval Date: January 14, 2020. Approval Date: December 9, 2019. Commission. 7. Repsol Oil & Gas USA, LLC; Pad ID: DCNR 2. Repsol Oil & Gas USA, LLC; Pad ID: 587 (02 004); ABR–20090812.R2; Ward [FR Doc. 2020–05875 Filed 3–19–20; 8:45 am] KLEIN (01 014) R; ABR–20090810.R2; Township, Tioga County, Pa.; Armenia Township, Bradford County, BILLING CODE 7040–01–P Consumptive Use of Up to 3.0000 mgd;
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16180 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Approval Date: January 14, 2020. Dimock Township, Susquehanna 36. SWEPI LP; Pad ID: Smith 253 1H; ABR– 8. Repsol Oil & Gas USA, LLC; Pad ID: DCNR County, Pa.; Consumptive Use of Up to 20090825.R2; Sullivan Township, Tioga 587 (02 017); ABR–20090932.R2; Ward 3.5750 mgd; Approval Date: January 20, County, Pa.; Consumptive Use of Up to Township, Tioga County, Pa.; 2020. 4.0000 mgd; Approval Date: January 29, Consumptive Use of Up to 3.0000 mgd; 23. Rockdale Marcellus, LLC; Pad ID: Fitch 2020. Approval Date: January 14, 2020. 115–1H; ABR–20091005.R2; Union 37. Cabot Oil & Gas Corporation; Pad ID: 9. Chief Oil & Gas, LLC; Pad ID: Teel Unit Township, Tioga County, Pa.; FontanaC P1; ABR–201408009.R1; #1H; ABR–20091115.R2; Springville Consumptive Use of Up to 2.0000 mgd; Bridgewater Township, Susquehanna Township, Susquehanna County, Pa.; Approval Date: January 20, 2020. County, Pa.; Consumptive Use of Up to Consumptive Use of Up to 5.0000 mgd; 24. Repsol Oil & Gas USA, LLC; Pad ID: 4.2500 mgd; Approval Date: January 29, Approval Date: January 14, 2020. KOHLER (02 191); ABR–202001001; 2020. 10. Range Resources—Appalachia, LLC; Pad Liberty Township, Tioga County, Pa.; 38. Cabot Oil & Gas Corporation; Pad ID: ID: Cornwall 6H–8H; ABR– Consumptive Use of Up to 6.0000 mgd; DysonW P1; ABR–201408010.R1; 201407017.R1; Lewis Township, Approval Date: January 20, 2020. Springville Township, Susquehanna Lycoming County, Pa.; Consumptive Use 25. Rockdale Marcellus, LLC; Pad ID: Bear County, Pa.; Consumptive Use of Up to of Up to 2.0000 mgd; Approval Date: Claw; ABR–202001002; McIntyre 4.2500 mgd; Approval Date: January 29, January 14, 2020. Township, Lycoming County, Pa.; 2020. 11. Chief Oil & Gas, LLC; Pad ID: S. A. Consumptive Use of Up to 4.0000 mgd; 39. Cabot Oil & Gas Corporation; Pad ID: Wilson Drilling Pad; ABR– Approval Date: January 20, 2020. LernerG P1; ABR–201408011.R1; Ararat 201411001.R1; Overton Township, 26. EXCO Resources (PA), LLC; Pad ID: Township, Susquehanna County, Pa.; Bradford County, Pa.; Consumptive Use Bower Unit #1H Drilling Pad; ABR– Consumptive Use of Up to 4.2500 mgd; of Up to 2.5000 mgd; Approval Date: 20090815.R2; Penn Township, Lycoming Approval Date: January 29, 2020. January 14, 2020. County, Pa.; Consumptive Use of Up to 12. Cabot Oil & Gas Corporation; Pad ID: Teel 5.0000 mgd; Approval Date: January 22, (Authority: Pub. L. 91–575, 84 Stat. P7; ABR–20090704.R2; Springville 2020. 1509 et seq., 18 CFR parts 806, 807, and Township, Susquehanna County, Pa.; 27. BKV Operating, LLC; Pad ID: Procter & 808) Consumptive Use of Up to 5.0000 mgd; Gamble Mehoopany Plant 2 1H; ABR– Dated: March 16, 2020. Approval Date: January 15, 2020. 20091104.R2; Washington Township, 13. Cabot Oil & Gas Corporation; Pad ID: Wyoming County, Pa.; Consumptive Use Jason E. Oyler, LaRueC P1; ABR–20090706.R2; Dimock of Up to 5.0000 mgd; Approval Date: General Counsel and Secretary to the Township, Susquehanna County, Pa.; January 22, 2020. Commission. Consumptive Use of Up to 5.0000 mgd; 28. BKV Operating, LLC; Pad ID: Procter and [FR Doc. 2020–05874 Filed 3–19–20; 8:45 am] Approval Date: January 15, 2020. Gamble Mehoopany Plant 1V; ABR– BILLING CODE 7040–01–P 14. Cabot Oil & Gas Corporation; Pad ID: 20091014.R2; Washington Township, SmithR P2; ABR–20090707.R2; Wyoming County, Pa.; Consumptive Use Springville Township, Susquehanna of Up to 5.0000 mgd; Approval Date: SUSQUEHANNA RIVER BASIN County, Pa.; Consumptive Use of Up to January 22, 2020. COMMISSION 5.0000 mgd; Approval Date: January 15, 29. Cabot Oil & Gas Corporation; Pad ID: 2020. ColwellA P1; ABR–201408004.R1; Projects Approved for Minor 15. SWEPI LP; Pad ID: 212 1H; ABR– Jackson Township, Susquehanna 20090727.R2; Charleston Township, County, Pa.; Consumptive Use of Up to Modifications Tioga County, Pa.; Consumptive Use of 4.2500 mgd; Approval Date: January 22, AGENCY: Susquehanna River Basin Up to 4.0000 mgd; Approval Date: 2020. Commission. January 16, 2020. 30. EXCO Resources (PA), LLC; Pad ID: 16. SWEPI LP; Pad ID: 235A 1H; ABR– Warburton Unit #1H Drilling Pad; ABR– ACTION: Notice. 20090728.R2; Sullivan Township, Tioga 20090816.R2; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to County, Pa.; Consumptive Use of Up to SUMMARY: This notice lists the minor 4.0000 mgd; Approval Date: January 16, 5.0000 mgd; Approval Date: January 28, modifications approved for a previously 2020. 2020. approved project by the Susquehanna 17. SWEPI LP; Pad ID: Courtney 129 1H–2H; 31. ARD Operating, LLC; Pad ID: COP Tr 678 River Basin Commission during the ABR–20090729.R2; Richmond #1000H; ABR–20090820.R2; Noyes period set forth in DATES. Township, Tioga County, Pa.; Township, Clinton County, Pa.; DATES: February 1–29, 2020. Consumptive Use of Up to 4.0000 mgd; Consumptive Use of Up to 5.0000 mgd; Approval Date: January 17, 2020. Approval Date: January 28, 2020. ADDRESSES: Susquehanna River Basin 18. SWEPI LP; Pad ID: Courtney H 255–1H; 32. ARD Operating, LLC; Pad ID: COP Tr 678 Commission, 4423 North Front Street, ABR–20090730.R2; Richmond #1001H & #1002H; ABR–20090821.R2; Harrisburg, PA 17110–1788. Township, Tioga County, Pa.; Noyes Township, Clinton County, Pa.; FOR FURTHER INFORMATION CONTACT: Consumptive Use of Up to 4.0000 mgd; Consumptive Use of Up to 5.0000 mgd; Jason E. Oyler, General Counsel, Approval Date: January 17, 2020. Approval Date: January 28, 2020. telephone: (717) 238–0423, ext. 1312; 19. Rockdale Marcellus, LLC; Pad ID: Palmer 33. ARD Operating, LLC; Pad ID: Tx Gulf B fax: (717) 238–2436; email: joyler@ 112; ABR–20091006.R2; Canton #1H; ABR–20090822.R2; Beech Creek Township, Bradford County, Pa.; Township, Clinton County, Pa.; srbc.net. Regular mail inquiries may be Consumptive Use of Up to 2.0000 mgd; Consumptive Use of Up to 5.0000 mgd; sent to the above address. Approval Date: January 17, 2020. Approval Date: January 28, 2020. SUPPLEMENTARY INFORMATION: This 20. SWEPI LP; Pad ID: Neal 134D; ABR– 34. SWN Production Company, LLC; Pad ID: notice lists previously approved 20090731.R2; Richmond Township, NR–23–FOUR BUCKS–PAD; ABR– projects, receiving approval of minor Tioga County, Pa.; Consumptive Use of 201408005.R1; Great Bend Township, modifications, described below, Up to 4.0000 mgd; Approval Date: Susquehanna County, Pa.; Consumptive pursuant to 18 CFR 806.18 for the time January 20, 2020. Use of Up to 4.0000 mgd; Approval Date: period specified above: 21. SWEPI LP; Pad ID: Kipferl 261–1H; ABR– January 28, 2020. 20090732.R2; Jackson Township, Tioga 35. Seneca Resources Company, LLC; Pad ID: Minor Modifications Issued Under 18 County, Pa.; Consumptive Use of Up to D09–M; ABR–202001003; Jones CFR 806.18 4.0000 mgd; Approval Date: January 20, Township, Elk County; and Sergeant 2020. Township, McKean County; Pa.; 1. New York State Canal Corporation, 22. Cabot Oil & Gas Corporation; Pad ID: Consumptive Use of Up to 2.5000 mgd; Docket No. 20191210, Towns of GrimsleyJ P1; ABR–20090805.R2; Approval Date: January 28, 2020. DeRuyter and Cazenovia, Madison
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16181
County, and Town of Fabius, Onondaga https://comments.USTR.gov will open exclusions granted in the June 2019 County, N.Y.; approval to extend docket for parties to submit comments on the notice. Accordingly, USTR invites conditions (Special Conditions 14 and possible extension of particular public comments on whether to extend 15) in regard to the submittal of a exclusions. April 30, 2020 at 11:59 p.m. particular exclusions granted in the June comprehensive metering and ET: To be assured of consideration, 2019 notice. monitoring plan and a final intake submit written comments on the public USTR will evaluate the possible design; Approval Date: February 3, docket by this deadline. extension of each exclusion on a case- 2020. ADDRESSES: You must submit all by-case basis. The focus of the 2. Lancaster County Solid Waste comments through the online portal: evaluation will be whether, despite the Management Authority, Docket No. https://comments.USTR.gov. first imposition of these additional 20180908, Conoy Township, Lancaster duties in July 2018, the particular FOR FURTHER INFORMATION CONTACT: County, Pa.; approval to correct a product remains available only from Assistant General Counsels Philip typographical error in Section 3 China. In addressing this factor, Butler or Benjamin Allen at (202) 395– referencing the related special condition commenters should address specifically: 5725. number; Approval Date: February 19, • Whether the particular product 2020. SUPPLEMENTARY INFORMATION: and/or a comparable product is (Authority: Pub. L. 91–575, 84 Stat. 1509 et A. Background available from sources in the United seq., 18 CFR parts 806, 807, and 808) States and/or in third countries. For background on the proceedings in • Any changes in the global supply Dated: March 16, 2020. this investigation, please see prior chain since July 2018 with respect to the Jason E. Oyler, notices including 82 FR 40213 (August particular product or any other relevant General Counsel and Secretary to the 23, 2017), 83 FR 14906 (April 6, 2018), industry developments. Commission. 83 FR 28710 (June 20, 2018), 83 FR • The efforts, if any, the importers or [FR Doc. 2020–05876 Filed 3–19–20; 8:45 am] 40823 (August 16, 2018), 83 FR 47974 U.S. purchasers have undertaken since BILLING CODE 7040–01–P (September 21, 2018), 83 FR 65198 July 2018 to source the product from the (December 19, 2018), 84 FR 7966 (March United States or third countries. 5, 2019), 84 FR 20459 (May 9, 2019), 84 In addition, USTR will continue to OFFICE OF THE UNITED STATES FR 43304 (August 20, 2019), 84 FR consider whether the imposition of TRADE REPRESENTATIVE 45821 (August 30, 2019), 84 FR 69447 additional duties on the products (December 18, 2019), and 85 FR 3741 covered by the exclusion will result in [Docket Number USTR–2020–0013] (January 22, 2020). severe economic harm to the commenter Request for Comments Concerning the Effective July 6, 2018, the U.S. Trade or other U.S. interests. Extension of Particular Exclusions Representative imposed additional 25 percent duties on goods of China C. Procedures To Comment on the Granted Under the June 2019 Product Extension of Particular Exclusions Exclusion Notice From the $34 Billion classified in 818 8-digit subheadings of Action Pursuant to Section 301: the Harmonized Tariff Schedule of the To submit a comment regarding the China’s Acts, Policies, and Practices United States (HTSUS), with an extension of a particular exclusion Related to Technology Transfer, approximate annual trade value of $34 granted in the June 2019 notice, Intellectual Property, and Innovation billion. See 83 FR 28710. The U.S. commenters must first register on the Trade Representative’s determination portal at https://comments.USTR.gov. AGENCY: Office of the United States included a decision to establish a As noted above, the public docket on Trade Representative. process by which U.S. stakeholders can the portal will be open from April 1, ACTION: Notice and request for request exclusion of particular products 2020, to April 30, 2020. After comments. classified within an 8-digit HTSUS registration, the commenter may submit subheading covered by the $34 billion an exclusion extension comment form SUMMARY: Effective July 6, 2018, the U.S. action from the additional duties. The to the public docket. Trade Representative imposed U.S. Trade Representative issued a Fields on the comment form marked additional duties on goods of China notice setting out the process for the with an asterisk (*) are required fields. with an annual trade value of product exclusions, and opened a Fields with a gray (BCI) notation are for approximately $34 billion as part of the public docket. See 83 FR 32181 (the July Business Confidential Information and action in the Section 301 investigation 11 notice). the information entered will not be of China’s acts, policies, and practices The July 11 notice required publicly available. Fields with a green related to technology transfer, submission of requests for exclusion (Public) notation will be publicly intellectual property, and innovation. from the $34 billion action no later than available. Additionally, parties will be The U.S. Trade Representative initiated October 9, 2018, and noted that the U.S. able to upload documents and indicate the exclusion process in July 2018 and Trade Representative periodically whether the documents are BCI or granted multiple sets of exclusions. He would announce decisions. The U.S. public. Commenters will be able to granted the fifth set of exclusions in Trade Representative granted multiple review the public version of their June 2019, which are scheduled to sets of exclusions. He granted the fifth comments before they are posted. expire on June 4, 2020. The U.S. Trade set of exclusions in June 2019, which In order to facilitate the preparation of Representative has decided to consider are scheduled to expire on June 4, 2020. comments prior to the April 1 opening a possible extension for up to 12 months See 84 FR 25895 (June 4, 2019) (June of the public docket, a facsimile of the of particular exclusions granted in June 2019 notice). exclusion extension comment form to be 2019. The Office of the U.S. Trade used on the portal is annexed to this Representative (USTR) invites public B. Possible Extensions of Particular notice. Please note that the color-coding comment on whether to extend Product Exclusions of public fields and BCI fields is not particular exclusions. The U.S. Trade Representative has visible on the attached facsimile, but DATES: April 1, 2020 at 12:01 a.m. ET: decided to consider a possible extension will be apparent on the actual comment The public docket on the web portal at for up to 12 months of particular form used on the portal.
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16182 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Set out below is a summary of the information concerning any changes in • Any additional information in information to be entered on the the global supply chain since July 2018 support of or in opposition to extending exclusion extension comment form. with respect to the particular product. the exclusion. • • Contact information, including the The efforts you have undertaken Commenters also may provide any full legal name of the organization since July 2018 to source the product other information or data that they making the comment, whether the from the United States or third consider relevant. commenter is a third party (e.g., law countries. firm, trade association, or customs • The value and quantity of the D. Submission Instructions broker) submitting on behalf of an Chinese-origin product covered by the organization or industry, and the name specific exclusion request purchased in To be assured of consideration, you of the third party organization, if 2018, the first half of 2018, and the first must submit your comment between the applicable. half of 2019. Whether these purchases opening of the public docket on the • The number and product are from a related company, and if so, portal on April 1, 2020 and the April 30, description for the exclusion on which the name of and relationship to the 2020 submission deadline. Parties you are commenting as provided in the related company. seeking to comment on two or more Annex of the Federal Register notice • Whether Chinese suppliers have exclusions must submit a separate granting the exclusion. lowered their prices for products comment for each exclusion. • Whether the product or products covered by the exclusion following the By submitting a comment, the covered by the exclusion are subject to imposition of duties. commenter certifies that the information an antidumping or countervailing duty • The value and quantity of the provided is complete and correct to the order issued by the U.S. Department of product covered by the exclusion best of their knowledge. Commerce. purchased from domestic and third E. Paperwork Reduction Act • Whether you support or oppose country sources in 2018, the first half of extending the exclusion and an 2018, and the first half of 2019. In accordance with the requirements • explanation of your rationale. If applicable, the commenter’s gross of the Paperwork Reduction Act of 1995 Commenters must provide a public revenue for 2018, the first half of 2018, (PRA) and its implementing regulations, version of their rationale, even if the and the first half of 2019. • the Office of Management and Budget commenter also intends to submit a Whether the Chinese-origin product (OMB) assigned control number 0350– more detailed business confidential of concern is sold as a final product or 0015, which expires January 31, 2023. rationale. as an input. • Whether the products covered by • Whether the imposition of duties on Joseph Barloon, the exclusion or comparable products the products covered by the exclusion General Counsel, Office of the U.S. Trade are available from sources in the U.S. or will result in severe economic harm to Representative. in third countries. Please include the commenter or other U.S. interests. BILLING CODE 3290–F0–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16183
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN20MR20.003 16184 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN20MR20.004 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16185
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4725 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN20MR20.005 16186 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
[FR Doc. 2020–05890 Filed 3–19–20; 8:45 am] BILLING CODE 3290–F0–C
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00140 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES EN20MR20.006 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16187
DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket DEPARTMENT OF TRANSPORTATION Operations in Room W12–140 of the Federal Aviation Administration West Building Ground Floor at 1200 Federal Aviation Administration New Jersey Avenue SE, Washington, DC [Summary Notice No. 2020–10] Notice of Opportunity for Public 20590–0001, between 9 a.m. and 5 p.m., Comment on Release of Airport Petition for Exemption; Summary of Monday through Friday, except Federal Property Acquired With Airport Petition Received; ATK Launch holidays. Improvement Program (AIP) Systems, Inc. FOR FURTHER INFORMATION CONTACT: Jake Assistance at the Prattville Grouby AGENCY: Federal Aviation Troutman, (202) 683–7788, Office of Field Airport, Prattville, Alabama. Administration (FAA), Department of Rulemaking, Federal Aviation AGENCY: Federal Aviation Transportation (DOT). Administration, 800 Independence Administration, DOT. ACTION: Notice. Avenue SW, Washington, DC 20591. ACTION: Notice of intent to rule on land release request. SUMMARY: This notice contains a This notice is published pursuant to 14 CFR 11.85. summary of a petition seeking relief SUMMARY: The FAA is considering a from specified requirements of Federal Issued in Washington, DC, on March 16, request from the Prattville Airport Aviation Regulations. The purpose of 2020. Authority to waive the requirement that this notice is to improve the public’s Brandon Roberts, 1.35± acres of airport property located at awareness of, and participation in, the Deputy Executive Director, Office of the Prattville Grouby Field Airport in FAA’s exemption process. Neither Rulemaking. Prattville, Alabama, be used for airport publication of this notice nor the development. inclusion or omission of information in Petition for Exemption DATES: Comments must be received on the summary is intended to affect the Docket No.: FAA–2019–1058. or before April 20, 2020. legal status of the petition or its final ADDRESSES: Comments on this notice Petitioner: ATK Launch Systems, Inc. disposition. may be mailed or delivered in triplicate DATES: Comments on this petition must Section(s) of 14 CFR Affected: part 21, to the FAA to the following address: identify the petition docket number and Subpart H §§ 43.7; 43.11; 45.29; Jackson Airports District Office Attn: must be received on or before April 9, 61.113(a) & (b); 91.9(b)(2) & (c); 91.105; Luke Flowers, Program Manager, 100 2020. 91.109; 91.121; 91.203(a) & (b); 91.403; West Cross Street, Suite B, Jackson, MS ADDRESSES: Send comments identified 91.405(a); 91.407(a)(1); 91.409(a)(1) & 39208–2307. by docket number FAA–2019–1058 (2); & 91.417(a) & (b). In addition, one copy of any using any of the following methods: Description of Relief Sought: Pursuant comments submitted to the FAA must • be mailed or delivered to Prattville Federal eRulemaking Portal: Go to to 49 U.S.C. 44807, the proposed Grouby Field Airport, Attn: Mr. Paul http://www.regulations.gov and follow exemption, if granted, would allow the Gardner, Chairman, Prattville Airport the online instructions for sending your petitioner to facilitate sensory and comments electronically. Authority, 1450 Aviation Way, • payload testing with the Dakota Prattville, AL 36067. Mail: Send comments to Docket unmanned aircraft systems (UAS) in FOR FURTHER INFORMATION CONTACT: Operations, M–30; U.S. Department of support of programs operated by the Transportation, 1200 New Jersey Luke Flowers, Program Manager, Space Dynamics Lab at Utah State Avenue SE, Room W12–140, West Jackson Airports District Office, 100 University. A grant would allow Building Ground Floor, Washington, DC West Cross Street, Suite B, Jackson, MS 20590–0001. operation of the Dakota UAS, with a 39208–2307, (601) 664–9898. The land • Hand Delivery or Courier: Take maximum gross weight of 265 pounds, release request may be reviewed in comments to Docket Operations in manufactured by Geneva Aerospace/L– person at this same location. Room W12–140 of the West Building 3 Communications, in the area SUPPLEMENTARY INFORMATION: The FAA Ground Floor at 1200 New Jersey including and adjacent to their is reviewing a request by the Prattville Avenue SE, Washington, DC 20590– privately-owned airstrip near Airport Authority to release 0001, between 9 a.m. and 5 p.m., Promontory, Utah, or as otherwise approximately 1.35 acres, more or less Monday through Friday, except Federal prescribed in an Air Traffic of airport property (portion of Exhibit A holidays. Organization issued Certificate of parcel 27) at Prattville Grouby Field • Fax: Fax comments to Docket Waiver or Authorization. All operations Airport (1A9) under the provisions of Operations at (202) 493–2251. will occur in the daytime within visual Title 49, U.S.C. Section 47107(h)(2). The Privacy: In accordance with 5 U.S.C. line of sight. The aircraft will be sale of the subject property will result 553(c), DOT solicits comments from the launched and recovered by in the land at Prattville Grouby Field public to better inform its rulemaking conventional runway takeoff and Airport (1A9) being released from the process. DOT posts these comments, landing. Its power plant is a two- conditions of the Airport Improvement without edit, including any personal cylinder, two cycle, gasoline-powered Program Grant Agreement Grant information the commenter provides, to engine. The aircraft also uses a Assurances. The FAA determined that http://www.regulations.gov, as CloudCap Piccolo SL autopilot and the request to release property at described in the system of records ground station. The UAS will not be Prattville Grouby Field Airport (1A9) notice (DOT/ALL–14 FDMS), which can operated over 95 knots groundspeed. submitted by the Sponsor meets the be reviewed at http://www.dot.gov/ procedural requirements of the Federal privacy. [FR Doc. 2020–05983 Filed 3–19–20; 8:45 am] Aviation Administration and the release Docket: Background documents or BILLING CODE 4910–13–P of the property does not and will not comments received may be read at impact future aviation needs at the http://www.regulations.gov at any time. airport. The FAA may approve the Follow the online instructions for request, in whole or in part, no sooner
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16188 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
than thirty days after the publication of changes to an existing repair station (air information collection, including (a) this notice. The 1.35± acres of property agency) certificate do so by submitting Whether the proposed collection of is not contiguous to the airfield or the request through the submission of information is necessary for FAA’s located within the runway protection the FAA Form 8310–3. This form is performance; (b) the accuracy of the zone and located on the east quadrant available to the applicant/respondent estimated burden; (c) ways for FAA to of airport property adjacent to Autauga via www.faa.gov, email, in person, or by enhance the quality, utility and clarity County Highway 29. A deed restriction mail. of the information collection; and (d) or easement for obstruction clearing will The FAA Form 8310–3, Application ways that the burden could be remain on the 1.35± acres. In for Repair Station Certificate and/or minimized without reducing the quality accordance with 49 U.S.C. Ratings captures information such as, of the collected information. The agency 47107(c)(2)(B)(i) and (iii), the airport but not limited to; official name of will summarize and/or include your will receive fair market value for the repair station, location where business comments in the request for OMB’s property, which will be subsequently is conducted, official mailing address, clearance of this information collection. reinvested in another eligible airport any doing business as name, changes in OMB Control Number: 2120–0682. improvement project at Prattville ratings, or if initial certification, ratings Title: Certification of Repair Stations, Grouby Field Airport (1A9). sought, changes in location or housing Part 145 of Title 14, CFR. Any person may inspect the request and facilities, change in name or Form Numbers: FAA Form 8310–3. in person at the FAA office listed above ownership, or any other purpose for Type of Review: Clearance of a under FOR FURTHER INFORMATION which the applicant requests, including renewal of an information collection. Background: The FAA’s authority to CONTACT. In addition, any person may, a request for approval to contract issue rules on aviation safety is found in upon request, inspect the request, notice maintenance functions to outside Title 49 of the United States Code. and other documents germane to the entities. request in person at the Prattville The FAA has identified an inaccuracy Subtitle I, section 106, describes the authority of the FAA Administrator. Grouby Field Airport (1A9). in how burden calculations are Subtitle VII, Aviation Programs, determined associated with initial Issued in Jackson, Mississippi on March 3, describes in more detail the scope of the 2020. repair station certifications and agency’s authority. Rulemaking was subsequent changes to an existing repair William J. Schuller, promulgated under the authority station certificate. The FAA has Acting Manager, Jackson Airports District described in title 49, subtitle VII, part A, identified that the information collected Office Southern Region. subpart III, section 44701, General through the FAA Form 8310–3 does not [FR Doc. 2020–05922 Filed 3–19–20; 8:45 am] requirements, and section 44707, capture the entire repair station BILLING CODE 4910–13–P Examining and rating air agencies. certification activities or changes to an Under section 44701, the FAA may existing certificate. OMB Control prescribe regulations and standards in DEPARTMENT OF TRANSPORTATION Number 2120–0682 is not only the interest of safety for inspecting, authorizing the Agency to receive Federal Aviation Administration servicing, and overhauling aircraft, information collected on the FAA Form aircraft engines, propellers, and [Docket No. FAA–2020–0281] 8310–3, but should also encapsulate the appliances. The FAA may also prescribe entire calculation burden associated equipment and facilities for, and the Agency Information Collection with repair station certification and timing and manner of, inspecting, Activities: Requests for Comments; subsequent changes to an existing servicing, and overhauling these items. Clearance of a Renewed Approval of certificate. Under section 44707, the FAA may Once burden calculations associated Information Collection: Certification of examine and rate repair stations. 14 Part with repair station certification Repair Stations, Part 145 of Title 14, 145 is within the scope of section activities are properly assessed, the FAA CFR 44707. will publish a new notice to the Federal 14 CFR part 145 prescribes the AGENCY: Federal Aviation Register capturing the entire burden Administration (FAA), DOT. requirements for the issuance of repair calculation for repair station station certificates. The FAA Form ACTION: Notice and request for certification and subsequent changes to comments. 8310–3, Application for Repair Station an existing certificate. Certificate and/or Rating is available to SUMMARY: In accordance with the DATES: Written comments should be the applicant who wishes to obtain Paperwork Reduction Act of 1995, FAA submitted by initial repair station certification or invites public comments about our ADDRESSES: Please send written submit changes to an existing air agency intention to request the Office of comments: certificate. The applicant voluntarily Management and Budget (OMB) By Electronic Docket: submits the application to the approval to renew an information www.regulations.gov (Enter docket appropriate FAA office by mail or email collection. The information collection is number into search field) for review and acceptance. The required to receive the benefit of By mail: Patricia K. Williams, Federal applicant enters the information obtaining an FAA Air Agency Aviation Administration, AFS–340, 950 required for certification or changes to Certificate, known as a certificated L’Enfant Plaza N SW, Washington, DC the existing certificate, which consists repair station. The collection involves 20024. of; official name of repair station, the applicant entering information onto By fax: 202–267–1812. location where business is conducted, and submitting the FAA Form 8310–3. FOR FURTHER INFORMATION CONTACT: official mailing address, any doing Application for Repair Station Susan Traugott Ludwig, by email at: business as name, changes in ratings, or Certificate/and or Rating to the [email protected]; phone: if initial certification, ratings sought, appropriate FAA field office. Persons 202–267–1684. changes in location or housing and requesting to obtain an initial Air SUPPLEMENTARY INFORMATION: facilities, change in name or ownership, Agency Certificate to operate as an FAA Public Comments Invited: You are or any other purpose for which the certificated repair station or request asked to comment on any aspect of this applicant requests, including a request
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16189
for approval to contract maintenance 2019, FRA published a notice providing FRA to enhance the quality, utility, and functions to outside entities. Once the a 60-day period for public comment on clarity of the information being FAA reviews the submitted application the ICR. collected; and (4) ways to minimize the and finds the applicant has the ability DATES: Interested persons are invited to burden of information collection to comply with the 14 CFR part 145 submit comments on or before April 20, activities on the public, including the requirements for certification, an air 2020. use of automated collection techniques agency certificate and ratings is issued. ADDRESSES: Written comments and or other forms of information The FAA retains a copy of the recommendations for the proposed ICR technology. application in the FAA office that should be sent within 30 days of The summaries below describe the issued the certificate for an indefinite publication of this notice to ICR that FRA will submit for OMB time or a time-period specified by the www.reginfo.gov/public/do/PRAMain. clearance as the PRA requires: Agency’s Records Management Order Find this particular ICR by selecting Title: Generic Clearance for the 1350.14B, mandated by the Federal ‘‘Currently under 30-day Review—Open Collection of Qualitative Feedback on Records Act of 1950, as amended. The for Public Comments’’ or by using the Agency Services. applicant is not required to retain a search function. OMB Control Number: 2130–0593. copy of the form. The FAA does not FOR FURTHER INFORMATION CONTACT: Ms. Abstract: This collection of provide other persons or entities with Kim Toone, Information Collection information is necessary to enable FRA information contained in the form. Clearance Officer, Office of to garner customer and stakeholder Respondents: There were a total of Administration, Office of Information feedback in an efficient, timely manner, 129 applications submitted to the FAA Technology, Federal Railroad consistent with its commitment to in fiscal year (FY) 2019. Out of the 129 Administration, 1200 New Jersey improving service delivery. The applications, 64 applications were for Avenue SE, Washington, DC 20590 information collected from FRA’s submitted for initial certification. (telephone: (202) 493–6132). Frequency: Information is collected customers and stakeholders will help SUPPLEMENTARY INFORMATION: The PRA, on occasion. One time for initial ensure users have an effective, efficient, 44 U.S.C. 3501–3520, and its certification and when or if an existing and satisfying experience with FRA’s implementing regulations, 5 CFR part certificated repair station request programs. This feedback will provide 1320, require Federal agencies to issue changes to their certificate. insights into customer or stakeholder Estimated Average Burden per two notices seeking public comment on perceptions, experiences and Response: 15 minutes. information collection activities before expectations, provide an early indicator Estimated Total Annual Burden: OMB may approve paperwork packages. of issues with service, and focus 32.25 hours annual burden for FY2019. See 44 U.S.C. 3506, 3507; 5 CFR 1320.8 attention on areas where There is no requirement for a through 1320.12. On December 20, communications, training or changes in respondent to submit this form 2019, FRA published a 60-day notice in operations might improve delivery of annually. the Federal Register soliciting comment products or services. This collection on the ICR for which it is now seeking will allow ongoing, collaborative, and Issued in Washington, DC, on March 17, OMB approval. See 84 FR 70265. FRA actionable communications between 2020. received no comments in response to FRA and its customers and Susan Traugott Ludwig, this notice. stakeholders. It also allows feedback to Federal Aviation Administration, Office of Before OMB decides whether to contribute directly to the improvement Safety Standards, Aircraft Maintenance approve these proposed collections of of program management. Division, Repair Station Branch, AFS–340. information, it must provide 30 days for [FR Doc. 2020–05893 Filed 3–19–20; 8:45 am] Type of Request: Extension without public comment. Federal law requires change of a current information BILLING CODE 4910–13–P OMB to approve or disapprove collection. paperwork packages between 30 and 60 Affected Public: Individuals and days after the 30-day notice is DEPARTMENT OF TRANSPORTATION Households, Businesses and published. 44 U.S.C. 3507(b)–(c); 5 CFR Organizations, State, Local or Tribal Federal Railroad Administration 1320.10(b); see also 60 FR 44978, 44983, Governments. Aug. 29, 1995. OMB believes the 30-day Frequency of Submission: Once per [Docket No. FRA–2020–0004–N–4] notice informs the regulated community request. to file relevant comments and affords Proposed Agency Information the agency adequate time to digest Total Estimated Annual Responses: Collection Activities; Comment public comments before it renders a 2,100. Request decision. 60 FR 44983, Aug. 29, 1995. Total Estimated Annual Burden: 354 hours. AGENCY: Federal Railroad Therefore, respondents should submit Administration (FRA), Department of their respective comments to OMB Under 44 U.S.C. 3507(a) and 5 CFR Transportation (DOT). within 30 days of publication to best 1320.5(b) and 1320.8(b)(3)(vi), FRA informs all interested parties that it may ACTION: Notice of information collection; ensure having their full effect. not conduct or sponsor, and a request for comment. Comments are invited on the following ICR regarding: (1) Whether the respondent is not required to respond to SUMMARY: Under the Paperwork information collection activities are a collection of information unless it Reduction Act of 1995 (PRA), this notice necessary for FRA to properly execute displays a currently valid OMB control announces that FRA is forwarding the its functions, including whether the number. Information Collection Request (ICR) information will have practical utility; Authority: 44 U.S.C. 3501–3520. abstracted below to the Office of (2) the accuracy of FRA’s estimates of Management and Budget (OMB) for the burden of the information collection Brett A. Jortland, review and comment. The ICR describes activities, including the validity of the Acting Chief Counsel. the information collection and its methodology and assumptions used to [FR Doc. 2020–05941 Filed 3–19–20; 8:45 am] expected burden. On December 20, determine the estimates; (3) ways for BILLING CODE 4910–06–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00143 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16190 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
DEPARTMENT OF THE TREASURY E386670 (Cyprus); Identification Number DATES: See SUPPLEMENTARY INFORMATION 502128 (Cyprus) (individual) [SYRIA] section. 4. VAINSHTEIN, Arkadiy (a.k.a. Office of Foreign Assets Control FOR FURTHER INFORMATION CONTACT: VAINSHTEIN, Arkadiy Mikhailovich); DOB Notice of OFAC Sanctions Actions 30 Dec 1941; Supervisory Board Member, OFAC: Associate Director for Global Tempbank (individual) [SYRIA] (Linked To: Targeting, tel.: 202–622–2420; Assistant AGENCY: Office of Foreign Assets TEMPBANK) Director for Sanctions Compliance & Control, Treasury. B. The Office of Foreign Assets Evaluation, tel.: 202–622–2490; ACTION: Notice. Control designated the persons below Assistant Director for Licensing, tel.: pursuant to Executive Order 13608, 202–622–2480; or Assistant Director for SUMMARY: The Department of the ‘‘Prohibiting Certain Transactions With Regulatory Affairs, tel.: 202–622–4855. Treasury’s Office of Foreign Assets SUPPLEMENTARY INFORMATION: Control (OFAC) is publishing the names and Suspending Entry Into the United of one or more persons that have been States of Foreign Sanctions Evaders Electronic Availability removed from the SDN List. Their With Respect to Iran and Syria’’ (E.O. 13608; 3 CFR 252). On March 17, 2020, The Specially Designated Nationals property and interests in property are no and Blocked Persons List (SDN List) and longer blocked, and U.S. persons are no OFAC determined that circumstances no longer warrant the inclusion of the additional information concerning longer generally prohibited from OFAC sanctions programs are available engaging in transactions with them. following persons on the Foreign Sanctions Evaders List under this on OFAC’s website (https:// OFAC is also publishing an update to www.treasury.gov/ofac). the identifying information of persons authority. These persons are no longer currently included in the SDN List. subject to the blocking provisions of Notice of OFAC Actions E.O. 13608. DATES: See SUPPLEMENTARY INFORMATION OFAC previously determined on June section. Entity 15, 2018 that the entity listed below met FOR FURTHER INFORMATION CONTACT: 1. BLUEMARINE SA, (a.k.a. BLUE one or more of the criteria under OFAC: Associate Director for Global MARINE SHIPPING AGENCY S.A.; a.k.a. Executive Order 13818 of December 20, Targeting, tel.: 202–622–2420; Assistant BLUEMARINE AG; a.k.a. BLUEMARINE 2017, ‘‘Blocking the Property of Persons Director for Sanctions Compliance & LTD), Lindenstrasse 2, Baar 6340, Involved in Serious Human Rights Evaluation, tel.: 202–622–2490; Switzerland [SYRIA] [FSE–SY] Abuse or Corruption,’’ 82 FR 60839, 3 Assistant Director for Licensing, tel.: C. On March 17, 2020, OFAC updated CFR, 2017 Comp., p. 399 (E.O. 13818). 202–622–2480; or Assistant Director for the following entries on the SDN List: On March 17, 2020, the Director of OFAC determined that circumstances Regulatory Affairs, tel.: 202–622–4855. 1. NICOLAOU, Nicos; DOB 06 Apr 1965; SUPPLEMENTARY INFORMATION: POB Cyprus; nationality Cyprus (individual) no longer warrant the inclusion of the following entity on the SDN List under Electronic Availability [SYRIA] (Linked To: PIRUSETI ENTERPRISES LTD; Linked To: KHURI, this authority. This entity is no longer The Specially Designated Nationals Mudalal). subject to the blocking provisions of and Blocked Persons List and additional 2. EZEGOO INVESTMENTS LTD, 1 Section 1(a) of E.O. 13818. Logothetou, Lemesos 4043, Cyprus; National information concerning OFAC sanctions Entity programs are available on OFAC’s ID No. C310521 (Cyprus) [SYRIA] (Linked website. (https://www.treasury.gov/ To: KHURI, Mudalal; Linked To: 1. INTERLOG DRC (a.k.a. INTERLOG NICOLAOU, Nicos; Linked To: PRIMAX ofac). S.P.R.L.; f.k.a. ‘‘BSD GROUP’’; f.k.a. BUSINESS CONSULTANTS LIMITED). ‘‘BSD S.P.R.L.’’), 532 Av. Chemin Public, Notice of OFAC Actions Dated: March 17, 2020. Commune Annexe, Lubumbashi, Congo, Democratic Republic of the; 4013 Route A. The Office of Foreign Assets Andrea Gacki, Du Golf, Lubumbashi, Congo, Control designated the persons below Director, Office of Foreign Assets Control. Democratic Republic of the; Route CDM, pursuant to Executive Order 13582, [FR Doc. 2020–05931 Filed 3–19–20; 8:45 am] Industrial Zone, Lubumbashi, Congo, ‘‘Blocking Property of the Government BILLING CODE 4810–AL–P Democratic Republic of the; of Syria and Prohibiting Certain Cassumbalessa Border, Congo, Transactions With Respect to Syria’’ Democratic Republic of the; Industrial (E.O. 13582; 3 CFR 264). On March 17, DEPARTMENT OF THE TREASURY Quarter, Lusaka, Zambia; National ID No. 2020, OFAC determined that 6–71–N7269D (Congo, Democratic circumstances no longer warrant the Office of Foreign Assets Control Republic of the) [GLOMAG] (Linked To: inclusion of the following persons on FLEURETTE PROPERTIES LIMITED). the SDN List under this authority. These Notice of OFAC Sanctions Actions Dated: March 17, 2020. persons are no longer subject to the AGENCY: Office of Foreign Assets Andrea Gacki, blocking provisions of E.O. 13582. Control, Department of the Treasury. Director, Office of Foreign Assets Control. Entities ACTION: Notice. [FR Doc. 2020–05929 Filed 3–19–20; 8:45 am] BILLING CODE 4810–AL–P 1. BLUEMARINE SA, (a.k.a. BLUE SUMMARY: The U.S. Department of the MARINE SHIPPING AGENCY S.A.; a.k.a. Treasury’s Office of Foreign Assets BLUEMARINE AG; a.k.a. BLUEMARINE Control (OFAC) is publishing the names DEPARTMENT OF THE TREASURY LTD), Lindenstrasse 2, Baar 6340, of one or more persons who have been Switzerland [SYRIA] [FSE–SY] Office of Foreign Assets Control 2. SKIRRON HOLDING SA (a.k.a. removed from the list of Specially Designated Nationals and Blocked SKIRRON HOLDING AG), Lindenstrasse 2, Notice of OFAC Sanctions Actions Baar 6340, Switzerland [SYRIA] Persons (SDN List). Their property and interests in property are no longer AGENCY: Individuals Office of Foreign Assets blocked, and U.S. persons are no longer Control, Treasury. generally prohibited from engaging in 3. IOANNOU, Ioannis; DOB 29 NOV 1954; ACTION: Notice. POB Cyprus; nationality Cyprus; Passport transactions with them.
VerDate Sep<11>2014 19:51 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16191
SUMMARY: The Department of the responsible for, or having participated Federal agencies to take this Treasury’s Office of Foreign Assets in, human rights abuses related to opportunity to comment on proposed Control (OFAC) is publishing the names political repression in Zimbabwe. and/or continuing information of one or more persons that have been B. The President identified the collections, as required by the placed on OFAC’s Specially Designated individuals below in the Annex to Paperwork Reduction Act of 1995. Nationals and Blocked Persons List (the Executive Order 13288, ‘‘Blocking Currently, the IRS is soliciting SDN List) based on OFAC’s Property of Persons Undermining comments concerning the standardized determination that one or more Democratic Processes or Institutions in list of required intake and quality applicable legal criteria were satisfied. Zimbabwe’’ (E.O. 13288). The Annex to review questions. All property and interests in property E.O. 13288 was replaced and DATES: Written comments should be subject to U.S. jurisdiction of these superseded by the Annex to Executive received on or before May 19, 2020 to persons are blocked, and U.S. persons Order 13391 of November 22, 2005, be assured of consideration. are generally prohibited from engaging ‘‘Blocking Property of Additional ADDRESSES: Direct all written comments in transactions with them. Additionally, Persons Undermining Democratic to R. Joseph Durbala, Internal Revenue OFAC is publishing the names of one or Processes or Institutions in Zimbabwe’’ Service, Room 6526, 1111 Constitution more persons that have been removed (E.O. 13391), and the individuals below Avenue NW, Washington, DC 20224. from the SDN List. Their property and were also identified in the Annex to FOR FURTHER INFORMATION CONTACT: interests in property are no longer E.O. 13391. On March 3, 2019, OFAC Requests for additional information or blocked, and U.S. persons are no longer determined that circumstances no copies of the form and instructions generally prohibited from engaging in longer warrant the inclusion of the should be directed to LaNita Van Dyke, transactions with them. following persons on the SDN List at (202) 317–6009 or Internal Revenue DATES: See SUPPLEMENTARY INFORMATION under this authority. These persons are Service, Room 6526, 1111 Constitution section. no longer subject to the blocking Avenue NW, Washington, DC 20224, or FOR FURTHER INFORMATION CONTACT: provisions of Section 1(a) of E.O. 13288, through the internet, at OFAC: Associate Director for Global as amended by E.O. 13391. [email protected]. Targeting, tel.: 202–622–2420; Assistant Individuals Director for Sanctions Compliance & SUPPLEMENTARY INFORMATION: Evaluation, tel.: 202–622–2490; 1. KAUKONDE, Ray Joseph, Private Title: Intake/Interview & Quality Assistant Director for Licensing, tel.: Bag 7706, Causeway, Harare, Zimbabwe; Review Sheets. 202–622–2480; or Assistant Director for DOB 04 Mar 1963; Mashonaland East OMB Number: 1545–1964. Regulatory Affairs, tel.: 202–622–4855. Provincial Governor (individual) Form Numbers: 13614–C, 13614–C (SP), 13614(AR), 13614(CN–S), SUPPLEMENTARY INFORMATION: [ZIMBABWE]. 2. MAHOFA, Shuvai Ben; DOB 04 13614(CN–T), 13614(HT), 13614(KR), Electronic Availability Apr 1941; Passport AD000369 13614(PL), 13614(PT), 13614(TL), and, The Specially Designated Nationals (Zimbabwe); Member of Parliament for 13614(VN). and Blocked Persons List and additional Gutu South (individual) [ZIMBABWE]. Abstract: Forms 13614–C, 13614–C information concerning OFAC sanctions 3. MATHUTHU, Sithokozile; (SP), 13614(AR), 13614(CN–S), programs are available on OFAC’s Matabeleland North Provincial 13614(CN–T), 13614(HT), 13614(KR), website (https://www.treasury.gov/ofac). Governor & Deputy Secretary for 13614(PL), 13614(PT), 13614(TL), and, Transport and Social Welfare 13614(VN) contain a standardized list of Notice of OFAC Actions (individual) [ZIMBABWE]. required intake questions to guide A. On March 3, 2020, OFAC 4. NDLOVU, Naison K.; DOB 22 Oct volunteers in asking taxpayers basic determined that the property and 1930; Politburo Secretary for Production questions about themselves. The intake interests in property subject to U.S. and Labor (individual) [ZIMBABWE]. sheet is an effective tool ensuring that critical taxpayer information is obtained jurisdiction of the following persons are Dated: March 11, 2020. blocked under the relevant sanctions and applied during the interview Bradley T. Smith, authority listed below. process. Deputy Director, Office of Foreign Assets Current Actions: There are no changes Individuals Control. being made to these forms at this time. 1. SANYATWE, Anselem Nhamo, [FR Doc. 2020–05902 Filed 3–19–20; 8:45 am] Type of Review: Extension of a Zimbabwe; Tanzania; DOB 21 Jan 1956; BILLING CODE 4810–AL–P currently approved collection. Gender Male; Passport 290060361Y34 Affected Public: Individuals or (Zimbabwe) expires 23 Jun 2024 households, Business or other for-profit (individual) [ZIMBABWE]. DEPARTMENT OF THE TREASURY organizations, and not-for-profit Designated pursuant to section institutions, and Federal Government. 1(a)(iv) of Executive Order 13469 of July Internal Revenue Service Estimated Number of Responses: 25, 2008, ‘‘Blocking Property of Proposed Collection; Comment 3,700,000. Additional Persons Undermining Request for the Intake/Interview & Estimated Time per Response: 17 min. Estimated Total Annual Burden Democratic Processes or Institutions in Quality Review Sheets Zimbabwe,’’ 73 FR 43841, 3 CFR, 2009 Hours: 616,803. Comp., p. 216, (E.O. 13469) for being AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all responsible for, or having participated Treasury. the collections of information covered in, human rights abuses related to ACTION: Notice and request for by this notice: political repression in Zimbabwe. comments. An agency may not conduct or 2. NCUBE, Owen, Zimbabwe; DOB 17 sponsor, and a person is not required to Apr 1968; Gender Male (individual) SUMMARY: The Internal Revenue Service, respond to, a collection of information [ZIMBABWE]. as part of its continuing effort to reduce unless the collection of information Designated pursuant to section paperwork and respondent burden, displays a valid OMB control number. 1(a)(iv) of E.O. 13469 for being invites the general public and other Books or records relating to a collection
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES 16192 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
of information must be retained if their agencies to take this opportunity to Estimated Total Annual Burden contents may become material in the comment on proposed and/or Hours: 4,008. administration of any internal revenue continuing information collections, as The following paragraph applies to all law. Generally, tax returns and tax required by the Paperwork Reduction the collections of information covered return information are confidential, as Act of 1995. Currently, the IRS is by this notice: required by 26 U.S.C. 6103. soliciting comments concerning An agency may not conduct or Request for Comments: Comments carryover allocations and other rules sponsor, and a person is not required to submitted in response to this notice will relating to the low-income housing respond to, a collection of information be summarized and/or included in the credit, and the section 42 utility unless the collection of information request for OMB approval. All allowance regulations concerning the displays a valid OMB control number. comments will become a matter of low-income housing tax credit. Books or records relating to a public record. Comments are invited on: DATES: Written comments should be collection of information must be (a) Whether the collection of received on or before May 19, 2020 to retained if their contents may become information is necessary for the proper be assured of consideration. material in the administration of any performance of the functions of the internal revenue law. Generally, tax ADDRESSES: Direct all written comments agency, including whether the to Gerald Pieger, Internal Revenue returns and tax return information are information shall have practical utility; Service, Room 6529, 1111 Constitution confidential, as required by 26 U.S.C. (b) the accuracy of the agency’s estimate Avenue NW, Washington, DC 20224. 6103. of the burden of the collection of Requests for additional information or Desired Focus of Comments: The information; (c) ways to enhance the copies of the regulations should be Internal Revenue Service (IRS) is quality, utility, and clarity of the directed to R. Joseph Durbala, at Internal particularly interested in comments information to be collected; (d) ways to that: Revenue Service, Room 6129, 1111 • minimize the burden of the collection of Constitution Avenue NW, Washington, Evaluate whether the proposed information on respondents, including DC 20224, or through the internet, at collection of information is necessary through the use of automated collection [email protected]. for the proper performance of the techniques or other forms of information functions of the agency, including technology; and (e) estimates of capital SUPPLEMENTARY INFORMATION: whether the information will have or start-up costs and costs of operation, Title: Low-income housing credit— practical utility; maintenance, and purchase of services carryover allocations, binding • Evaluate the accuracy of the to provide information. agreement, & utility allowances. agency’s estimate of the burden of the OMB Number: 1545–1102. proposed collection of information, Approved: March 16, 2020. Regulation Project Number: TD 9420. R. Joseph Durbala, including the validity of the Abstract: This collection covers methodology and assumptions used; IRS Tax Analyst. regulations that amend the utility • Enhance the quality, utility, and [FR Doc. 2020–05852 Filed 3–19–20; 8:45 am] allowances regulations concerning the clarity of the information to be BILLING CODE 4830–01–P low-income housing tax credit. The collected; and regulations update the utility allowance • Minimize the burden of the regulations to provide new options for DEPARTMENT OF THE TREASURY collection of information on those who estimating tenant utility costs. The are to respond, including using regulations affect owners of low-income Internal Revenue Service appropriate automated, electronic, housing projects who claim the credit, mechanical, or other technological Proposed Extension of Information the tenants in those low-income housing collection techniques or other forms of Collection Request Submitted for projects, and the State and local housing information technology, e.g., by Public Comment; Comment Request credit agencies that administer the permitting electronic submissions of Relating to Low-Income Housing credit. responses. Credit—Carryover Allocations, Binding Current Actions: There is no change to Comments submitted in response to Agreement, & Utility Allowances the burden previously approved by this notice will be summarized and/or OMB. This request is being submitted included in the ICR for OMB approval AGENCY: Internal Revenue Service (IRS), for renewal purposes only. of the extension of the information Treasury. Type of Review: Extension of a collection; they will also become a ACTION: Notice and request for currently approved collection. matter of public record. comments. Affected Public: Business or other for- profit organizations. Approved: March 16, 2020. SUMMARY: The Internal Revenue Service, Estimated Number of Respondents: R. Joseph Durbala, as part of its continuing effort to reduce 4,430. IRS Tax Analyst. paperwork and respondent burden, Estimated Time per Respondent: 1 [FR Doc. 2020–05917 Filed 3–19–20; 8:45 am] invites the public and other Federal hour, 50 min. BILLING CODE 4830–01–P
VerDate Sep<11>2014 19:01 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00146 Fmt 4703 Sfmt 9990 E:\FR\FM\20MRN1.SGM 20MRN1 jbell on DSKJLSW7X2PROD with NOTICES Vol. 85 Friday, No. 55 March 20, 2020
Part II
Department of Commerce
National Oceanic and Atmospheric Administration Take of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Hampton Roads Bridge-Tunnel Expansion Project, Hampton-Norfolk, Virginia; Notice
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16194 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
DEPARTMENT OF COMMERCE and will generally be posted online at forth. The definitions of all applicable https://www.fisheries.noaa.gov/permit/ MMPA statutory terms cited above are National Oceanic and Atmospheric incidental-take-authorizations-under- included in the relevant sections below. Administration marine-mammal-protection-act without National Environmental Policy Act change. All personal identifying [RTID 0648–XA053] information (e.g., name, address) To comply with the National Take of Marine Mammals Incidental to voluntarily submitted by the commenter Environmental Policy Act of 1969 Specified Activities; Taking Marine may be publicly accessible. Do not (NEPA; 42 U.S.C. 4321 et seq.) and Mammals Incidental to the Hampton submit confidential business NOAA Administrative Order (NAO) Roads Bridge-Tunnel Expansion information or otherwise sensitive or 216–6A, NMFS must review our Project, Hampton-Norfolk, Virginia protected information. proposed action (i.e., the issuance of an FOR FURTHER INFORMATION CONTACT: incidental harassment authorization) AGENCY: National Marine Fisheries Stephanie Egger, Office of Protected with respect to potential impacts on the Service (NMFS), National Oceanic and Resources, NMFS, (301) 427–8401. human environment. Atmospheric Administration (NOAA), Electronic copies of the application and These actions are consistent with Commerce. supporting documents, as well as a list categories of activities identified in ACTION: Notice; proposed incidental of the references cited in this document, Categorical Exclusion B4 (incidental harassment authorization; request for may be obtained online at: https:// harassment authorizations with no comments on proposed authorization www.fisheries.noaa.gov/permit/ anticipated serious injury or mortality) and possible renewals. incidental-take-authorizations-under- of the Companion Manual for NOAA marine-mammal-protection-act. In case Administrative Order 216–6A, which do SUMMARY: NMFS has received a request of problems accessing these documents, not individually or cumulatively have from the Hampton Roads Connector please call the contact listed above. the potential for significant impacts on Partners (HRCP) for an authorization to the quality of the human environment SUPPLEMENTARY INFORMATION: take marine mammals incidental to the and for which we have not identified pile driving activities associated with Background any extraordinary circumstances that the Hampton Roads Bridge-Tunnel The MMPA prohibits the ‘‘take’’ of would preclude this categorical (HRBT) Expansion Project. Pursuant to marine mammals, with certain exclusion. Accordingly, NMFS has the Marine Mammal Protection Act exceptions. Sections 101(a)(5)(A) and preliminarily determined that the (MMPA), NMFS is requesting comments (D) of the MMPA (16 U.S.C. 1361 et issuance of the proposed IHA qualifies on its proposal to issue an incidental seq.) direct the Secretary of Commerce to be categorically excluded from harassment authorization (IHA) to (as delegated to NMFS) to allow, upon further NEPA review. incidentally take marine mammals request, the incidental, but not We will review all comments during the specified activities. NMFS is intentional, taking of small numbers of submitted in response to this notice also requesting comments on a possible marine mammals by U.S. citizens who prior to concluding our NEPA process one-year renewal that could be issued engage in a specified activity (other than or making a final decision on the IHA under certain circumstances and if all commercial fishing) within a specified request. requirements are met, as described in geographical region if certain findings Summary of Request Request for Public Comments at the end are made and either regulations are of this notice. NMFS will consider issued or, if the taking is limited to On September 18, 2019, NMFS public comments prior to making any harassment, a notice of a proposed received a request from the HRCP for an final decision on the issuance of the incidental take authorization may be IHA to take marine mammals incidental requested MMPA authorization and provided to the public for review. Under to impact and vibratory pile driving agency responses will be summarized in the MMPA, ‘‘take’’ is defined as activities associated with the HRBT, in the final notice of our decision. meaning to harass, hunt, capture, or kill, Hampton and Norfolk, Virginia for one DATES: Comments and information must or attempt to harass, hunt, capture, or year from the date of issuance. The be received no later than April 20, 2020. kill any marine mammal. application was deemed adequate and ADDRESSES: Comments should be Authorization for incidental takings complete on February 4, 2020. The addressed to Jolie Harrison, Chief, shall be granted if NMFS finds that the HRCP request is for take of a small Permits and Conservation Division, taking will have a negligible impact on number of five species of marine Office of Protected Resources, National the species or stock(s) and will not have mammals by Level A and B harassment. Marine Fisheries Service. Physical an unmitigable adverse impact on the Neither the HRCP nor NMFS expects comments should be sent to 1315 East- availability of the species or stock(s) for injury, serious injury or mortality to West Highway, Silver Spring, MD 20910 taking for subsistence uses (where result from this activity and, therefore, and electronic comments should be sent relevant). Further, NMFS must prescribe an IHA is appropriate. The proposed to [email protected]. the permissible methods of taking and activities are part of a larger project and Instructions: NMFS is not responsible other ‘‘means of effecting the least the applicant has requested rulemaking for comments sent by any other method, practicable adverse impact’’ on the and a letter of authorization for the to any other address or individual, or affected species or stocks and their other components of this project. received after the end of the comment habitat, paying particular attention to Description of Proposed Activity period. Comments received rookeries, mating grounds, and areas of electronically, including all similar significance, and on the Overview attachments, must not exceed a 25- availability of such species or stocks for The HRCP is working with the megabyte file size. Attachments to taking for certain subsistence uses Virginia Department of Transportation electronic comments will be accepted in (referred to in shorthand as (VDOT) and Federal and state agencies Microsoft Word or Excel or Adobe PDF ‘‘mitigation’’); and requirements to advance the design, approvals, and file formats only. All comments pertaining to the mitigation, monitoring multi-year construction of the Interstate received are a part of the public record and reporting of such takings are set (I)-64 HRBT Expansion project. The
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16195
overall project will widen I–64 for (DTH) hammer. Pile removal techniques driving and removal activities for one approximately 9.9 miles along I–64 from for temporary piles will include year after issuance. Work could occur at Settlers Landing Road in Hampton, vibratory pile removal or cutting below any point during the year, and will Virginia to the I–64/I–564 interchange the mud line. Installation of steel pipe occur during the day. Pile installation in Norfolk, Virginia. The project will piles could be 24-, 36-, or 42-inches (in) may extend into evening or nighttime create an eight-lane facility with six in diameter to support temporary work hours as needed to accommodate pile consistent use lanes. The project will trestles, platforms, and moorings. Test installation requirements (e.g., once pile include full replacement of the North piles would consist of 30-in square driving begins—a pile will be driven to and South Trestle Bridges, two new concrete or 54-in concrete cylinder design tip elevation). The overall parallel tunnels constructed using a piles. Only load test piles will be number of anticipated days of pile Tunnel Boring Machine (TBM), removed under this IHA. In-water pile installation is 312, based on a 6-day expansion of the existing portal islands, installation using impact and vibratory work week for one year. Pile installation and widening of the Willoughby Bay driving, and drilling with a DTH can occur at variable rates, from a few Trestle Bridges, Bay Avenue Trestle hammer, and pile removal using a minutes to several hours. The HRCP Bridges, and Oastes Creek Trestle vibratory hammer, have the potential to Bridges. Also, upland portions of I–64 harass marine mammals acoustically anticipate that 1 to 10 piles could be will be widened to accommodate the and could result in incidental takes of installed per day. In order to account for additional lanes, the Mallory Street individual marine mammals. Jetting is inefficiencies and delays, the HRCP Bridge will be replaced, and the I–64 not likely to result in take. During have estimated an average installation overpass bridges will be improved. The jetting, high-pressure water is sprayed rate of six piles per day for most proposed activities below are part of the out of the bottom of the pile to help components. overall project (see the applicant for penetrate dense sand layers and to allow Specific Geographic Region additional details on the overall pile driving with lower hammer impact project). Only the activities relevelant to energies (Caltrans 2015). The The HRBT is located in the waterway the Incidental Harassment pressurized fluid would be used to of Hampton Roads adjacent to the Authorization (IHA) requested by HRCP temporary loosen soils thus reducing existing bridge and island structures of are discussed below. This includes the the resistance of the pile to sinking into the HRBT in Virginia. Hampton Roads following components: • the ground. Jetting woul be conducted at is located at the confluence of the James TBM Platform at the South Island; the surface of the seabed but rather at • Conveyor Trestle at the South River, the Elizabeth River, the depth once sufficient resistance to pile Nansemond River, Willoughby Bay, and Island; driving has been met. Jetting would not • Temporary trestles for jet grouting the Chesapeake Bay (Figure 1). Hampton be used to remove or displace surface at the South Island; Roads is a wide marine channel that • Temporary trestle for bridge sediments. The caisson will be driven provides access to the Port of Virginia using a vibratory hammer and the construction at the North Shore; and several other deep water anchorages sediment and sand removed from the • Mooring piles at the South Trestle upstream of the project area (VDOT and caisson prior to driving the permanent (located at the South Island), North FHWA 2016). Navigational channels are Island, and Willoughby Bay; and concrete pile. Vibratory hammering is • accounted for takes of marine mammals. maintained by the U.S. Army Corps of Installation and removal of piles for Engineers within Hampton Roads to test pile program. Dates and Duration Pile installation methods will include provide transit to the many ports in the impact and vibratory driving, jetting, The IHA application is requesting region. and drilling with a down-the-hole take that may occur from the pile
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16196 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
The North Shore in Hampton contains pocket of deeper water approximately Beach and Willoughby Spit, adjacent to estuarine intertidal sandy shore, 35 ft below MLLW to the west. the HRBT), sediments are fine and very estuarine intertidal reef, as well as The South Trestle is primarily located fine sands with various amounts of silt submerged aquatic vegetation (SAV) in in estuarine open water with depths less and clay. There is no naturally shallow estuarine open water. Along the than 15 ft below MLLW, with the occurring rocky or cobble bottom North Trestle, there is estuarine open exception of deep water (15–30 ft below present at or adjacent to the project. water with depths up to 15 feet below MLLW) near the South Island approach. Pile installation will occur in waters mean lower low water (MLLW). There is an estuarine intertidal sandy ranging in depth from less than 1 meter shore along the South Shore in Norfolk. (m) (3.3 ft) near the shore to The North Island is surrounded by Willoughby Bay contains an estuarine approximately 8 m (28 ft), depending on estuarine intertidal sandy shore and intertidal sandy shore, with emergent the structure and location. The majority rocky shore. There is a SAV bed to the and scrub/shrub wetlands along the of the piles will be in water depths of east of the island. Estuarine open water shores. The bay between the shores is 3.6–4.6 m (12–15 ft). depths are primarily less than 15 feet (ft) estuarine open water with depths up to Detailed Description of the Specific below MLLW, but drop to 15 ft below MLLW. Activity approximately 25 feet below MLLW Sediments in the project area are near the southwest corner of the island mostly fine and medium sands with Three methods of pile installation are expansion closer to the Hampton Creek various amounts of coarse sand and anticipated and expected to result in Entrance Channel. The South Island is gravel, and low organic carbon content. take of marine mammals. These include also surrounded by estuarine intertidal In the Fort Wool Cove (a cove of the use of vibratory, impact, and DTH sandy shore and rocky shore, followed decommissioned island fortification hammers. More than one installation by estuarine open water. The proposed located approximately 1 mile south of method will be used within a day. Most island expansion is mainly in deep Fort Monroe in the mouth of Hampton piles will be installed using a water (15–30 ft below MLLW), with a Roads, which sits near Willoughby combination of vibratory (ICE 416L or
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 EN20MR20.000 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16197
similar) and impact hammers (S35 or pulse impact mechanisms. This breaks south approach slabs for the south similar). Overall, steel pipe piles at the up the rock to allow removal of the trestle and ends at the north end of the North Shore Work Trestle, Jet Grouting fragments and insertion of the pile. The north approach slabs for the Willoughby Trestle, and TBM Platform would be pile is usually advanced at the same Bay trestles. This segment includes a installed using the vibratory hammer time that drilling occurs. Drill cuttings modified interchange connection to approximately 80 percent of the time are expelled from the top of the pile Bayville Street, and has a truck and impact hammer approximately 20 using compressed air. It is estimated inspection station for the westbound percent of the time, while all mooring that a down-the-hole hammer will be tunnels. This segment covers piles and steel pipe piles at Conveyor used for approximately 1 to 2 hours per approximately 0.6 mile along I–64; Trestle would be installed using the pile, when necessary. It is anticipated • Segment 3c (Willoughby Bay vibratory hammer approximately 90 that approximately 5 percent of the Trestle-Bridges) includes the entire percent and the impact hammer North Shore Work Trestle piles, 10 structures over Willoughby Bay, from approximately 10 percent of the time. percent of the Jet Grouting Trestle piles, the north end of the north approach Depending on the location, the pile will 10 percent of the Conveyor Trestle piles, slabs on Willoughby Spit to the south be advanced using vibratory methods and 50 percent of the TBM Platform end of south approach slabs near the 4th and then impact driven to final tip piles may require use of a down-the- View Street interchange. This segment elevation. Where bearing layer hole hammer (Table 1). covers approximately 1.0 mile along I– sediments are deep, driving will be Detailed descriptions of the project 64; conducted using an impact hammer so components for this IHA request are • that the structural capacity of the pile explained below. Segment 3d (4th View Street embedment can be verified. The pile Interchange) continues from the installation methods used will depend Project Segments Willoughby Trestle-Bridges south, on sediment depth and conditions at The project design is divided into five leading to the north end of the north each pile location. Table 1 provides segments (see also Figure 2) as follows: approach slabs of I–64 bridges over additional information on the pile • Segment 1a (Hampton) begins at the Mason Creek Road along mainline I–64. driving operation including estimated northern terminus of the Project in This segment covers approximately 1.0 pile driving times. The sum of the days Hampton and ends at the north end of mile along I–64; of pile installation is greater than the the north approach slabs for the north • Segment 4a (Norfolk-Navy) goes anticipated number of days because tunnel approach trestles. This segment from the I–64 north end of the north more than one pile installation method has two interchanges and also includes approach slabs at Mason Creek Road to will be used within a day. improvements along Mallory Street to the north end of the north approach Prior to installing steel pipe piles near accommodate the bridge replacement slabs at New Gate/Patrol Road. There shorelines protected with rock armor over I–64. This segment covers are three interchange ramps in this and/or rip rap (e.g., South Island approximately 1.2 miles along I–64; • segment: westbound I–64 exit ramp to shorelines; North Shore shoreline), it Segment 1b (North Trestle-Bridges) Bay Avenue, eastbound I–64 entrance will be necessary to temporarily shift includes the new and replacement north ramp from Ocean Avenue, and the rock armoring that protects the tunnel approach trestles, including any westbound I–64 entrance ramp from shoreline to an adjacent area to allow for approach slabs. This segment covers Granby Street. The ramps in this the installation of the piles. The rock approximately 0.6 mile along I–64; segment are all on structure. This armor should only be encountered at the • Segment 2a (Tunnel) includes the segment covers approximately 1.5 miles shoreline and at relatively shallow new bored tunnels, the tunnel approach along I–64; and depths below the mudline. The rock structures, buildings, the North Island • armor and/or rip rap will be moved and improvements for tunnel facilities, and Segment 5a (I–564 Interchange) reinstalled near its original location South Island improvements. This starts from the north end of the north following the completion of pile segment covers approximately 1.8 miles approach slab of the New Gate/Patrol installation. Alternatively, the piles may along I–64; Road Bridge to the southern Project be installed without moving the rock, by • Segment 3a (South Trestle-Bridge) Limit. This segment runs along the Navy first drilling through the rock with a includes the new South Trestle-Bridge property and includes an entrance ramp DTH hammer (e.g., Berminghammer BH and any bridge elements that interface from Patrol Road, access ramps to and 80 drill or equivalent) to allow for the with the South Island to the south end from the existing I–64 Express Lanes, installation of the piles. A down-the- of the south abutments at Willoughby ramps to and from I–564, and an hole hammer uses both rotary and Spit. This segment covers eastbound I–64 entrance ramp from percussion-type drill devices. This approximately 1.2 miles along I–64; Little Creek Road. This segment covers device consists of a drill bit that drills • Segment 3b (Willoughby Spit) approximately 1.2 miles along I–64. through rock using both rotary and continues from the south end of the BILLING CODE 3510–22–P
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16198 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
BILLING CODE 3510–22–C • Willoughby Bay Trestle-Bridges piles as part of the test pile program However, the only the proposed in- (Segment 3c). (Table 1). Project Components that are water marine construction activities that Approximately, 1070 piles (of all Likely to Result in Take of Marine have potential to affect marine sizes) would be installed (only some Mammals. mammals and result in take would removed) under this IHA (Table 1). For Tunnel Boring Machine (TBM) Platform occur at the following locations in the 36-in steel piles, 698 piles would be at the South Island (Segment 2a) following segments: installed. For 42-in steel piles, 257 piles • North Trestle-Bridges (Segment 1b); would be installed. For 24-in piles, 66 The HRCP is constructing the piles would be installed. For 54-in temporary TBM Platform or ‘‘quay’’ at • Tunnel—North Island and South concrete cylinder piles, 33 piles would the South Island to allow for the Island (Segment 2a); be installed. For 24-in or 30-in concrete delivery, unloading, and assembly of the • South Trestle-Bridge (Segment 3a); square piles, 16 piles would be TBM components from barges to the and installed. Removal would only occur for Island. The large TBM components will
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 EN20MR20.001 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16199
be delivered by barge and then impact hammers (S35 or similar). The Temporary Trestles for Jet Grouting at transferred to the platform using a Self- piles are approximately 140 ft long and the South Island (Segment 2a) Propelled Modular Transport, crawler will have an average embedded length Unconsolidated soil conditions at the crane, sheerleg crane and/or other of approximately 100 ft. Table 1 western edge of the South Island—along suitable equipment. The TBM Platform provides additional information on the the centerline and depth of the will also allow barge delivery and pile driving operation including proposed tunnel alignment—require storage of concrete tunnel segments as estimated pile driving times and ground improvements to allow tunnel the boring operation progresses. The number of strikes necessary to drive a boring to proceed safely and efficiently. concrete tunnel segments will be pile to completion. Ground improvements will be achieved offloaded and moved using a using deep injection or jet grouting to combination of crawler cranes and a Additionally, seven mooring dolphins stabilize and consolidate the sediments gantry crane installed on the TBM will be installed along the outside edge along the proposed tunnel alignment Platform. The tunnel segments will be of the Conveyor Trestle. Each dolphin and tunnel depth. stored on the platform prior to delivery will consist of (3) 36-in steel piles and Two temporary work trestles will be to the tunnel shaft for installation. will be installed with a combination of The TBM Platform is a steel structure vibratory and impact hammers. constructed along either side of the founded on (216) 36-in diameter steel proposed tunnel alignment to support piles, with an overall area of Temporary trestle for bridge jet grouting activity. Each trestle will be approximately 0.40 acres construction at the North Shore Work approximately 40 ft wide and extend (approximately 166 ft x 9 ft). The piles Trestle (Segment 1b) approximately 1,000 ft west of the South will be installed using a combination of Island shoreline, for a total overall The temporary North Shore Work vibratory and impact hammers except approximate area of 1.84 acres. Two Trestle will support construction of the along the perimeter where down-the- temporary Jet Grouting Trestles will be hole hammering may be needed to permanent eastbound North Trestle constructed, each will be founded on install piles through the rock armor Bridge in the shallow water (< 4–6 ft (102) 36-in diameter steel piles (a total stone. The piles are 154 ft long and will MLW) closer to the North Shore, of 204 steel piles) with 25 +/- feet spans have an average embedded length of avoiding the need to dredge or deepen sized to accommodate a 35-ton drill rig approximately 140 ft. Table 1 provides this area (which otherwise would have and support equipment. additional information on the pile been required for barge access) and Moorings at the South Trestle (Segment driving operation including estimated minimizing potential impacts to the 3a) pile installation times and number of adjacent submerged aquatic vegetation strikes necessary to drive a pile to (SAV). The temporary North Shore Temporary moorings will be installed completion. Work Trestle is a steel structure founded in the area of the South Trestle to The superstructure of the platform is on 194 36-in diameter steel piles with support the construction of temporary work trestles and permanent trestle set on top of the piles and consists of 30–40 ft spans sized to accommodate a bridges. Six mooring dolphins will be transverse and longitudinal beams 300-ton crane. The main portion of the installed and each will consist of (3) 24- below a 13/16-in-thick plate set on top work trestle will be approximately 1,130 in steel piles for a total of (18) 24-in of the beams. Rail beams will be ft long by 45 ft wide, with three installed on top of the plate and will piles. An additional (41) 42-in steel pipe approximately 80 ft x 30 ft fingers and piles will be installed along what will support the gantry crane. A concrete an additional landing area slab may be placed on top of the steel become the outer edge of the work approximately 150 ft x 45 ft, for a total trestle to provide additional single plates or timber trusses. overall approximate area of 1.49 acres. Four mooring dolphins will be mooring points for barges and vessels installed along the shoreline of the Seven mooring dolphins will be delivering material and accessing the South Island in the areas adjacent to the installed at the southern end and along trestle. The mooring dolphin piles and TBM Platform. Each dolphin will the outside edge of the work trestle. the single mooring point piles will be consist of three 36-inch steel piles and Each dolphin will consist of (3) 24-in installed using a vibratory hammer. will be installed with a combination of steel piles. An additional (13) 42-in steel Mooring at Willoughby Bay (Segment vibratory and impact hammers. pipe piles will be installed along the 3c) outer edge of the work trestle to provide Conveyor Trestle at the South Island additional single mooring points for Temporary moorings will be installed (Segment 2a) barges and vessels delivering material in Willoughby Bay to support the Tunnel boring spoils and other related and accessing the trestle. The mooring construction of temporary work trestles materials will be moved between the dolphin piles and the single mooring and permanent trestle bridges. Six South Island and barges via a conveyor point piles will be installed using a mooring dolphins will be installed— belt and other equipment throughout vibratory hammer. each consisting of (3) 24-in steel piles. tunnel boring. The Conveyor Trestle An additional (50) 42-in steel pipe piles will also be used for maintenance and Moorings at the North Island Expansion will be installed along what will become mooring of barges and vessels carrying (Segment 2a) the outer edge of the work trestle to TBM materials and other project related provide additional single mooring materials. Temporary moorings will be installed points for barges and vessels delivering The Conveyor Trestle is a steel along the perimeter of the North Island material and accessing the trestle. The structure founded on (84) 36-in Expansion area to support the mooring dolphin piles and the single diameter steel piles, with an overall area construction of the Island expansion. mooring point piles will be installed of approximately 0.42 acres Eighty 42-in steel pipe piles will be using a vibratory hammer. A total of 68 (approximately 673 ft x 27 ft). The piles installed to provide mooring points for steel pipe piles will be driven, (50) 42- will be installed using a combination of barges and vessels. The mooring point in piles and (18) 24-in piles. vibratory (International Construction piles will be installed using a vibratory An additional (50) 42-in steel pipe Equipment (ICE) 416L or similar) and hammer. piles will be installed in Willoughby
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16200 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Bay to create moorings for additional concrete pile design during April an impact hammer. Test pile templates staging of barges and safe haven for through June 2020. Test piles will be will be positioned and held in place vessels in the event of severe weather. installed at the North Trestle (1 load test using spuds (one at each corner of the The moorings will be configured as (2) pile, 10 production test piles), South template). The test pile templates and 2,000-ft long lines with a 42-in mooring Trestle (2 load test piles, 20 production pile load test frame and supports will be pile every 80 ft. The piles will be test piles) and at Willoughby Bay (1 load installed using a vibratory hammer and installed using a vibratory hammer. test pile, 15 production test piles)—test proofed using an impact hammer to piles will be 30-in square concrete or confirm sufficient load capacity. Test Installation and Removal of Piles for 54-in concrete cylinder piles (see Table piles will be cut below the mudline and Test Pile Program (Segments 1b, 2a, 3a, 1). Test piles will be set using temporary removed. The temporary test pile and 3c) steel templates designed to support and templates and load test frame and The HRCP will perform limited pile position the test pile while being driven. supports will be removed using a load testing to confirm permanent Concrete test piles will be driven using vibratory hammer. TABLE 1—PILE DRIVING AND REMOVAL ASSOCIATED WITH THE HRBT PROJECT THAT ARE LIKELY TO RESULT IN THE TAKE OF MARINE MAMMALS
Average Number down- Number Average Approximate Number Estimated Pile size/type and Total Embedment of piles the-hole of piles vibratory number of of piles total Number of Project component material number length down- duration vibrated/ duration impact per day number of days of of piles (feet) the-hole per pile hammered per pile strikes per hours of installation (minutes) (minutes) per pile hammer installation
North Trestle (Segment 1b)
North Shore Work Tres- 36-inch Steel Pipe ...... 194 100 10 120 184 50 40 3 162 65 tle. Moorings ...... 42-inch Steel Pipe ...... 36 60 ...... 36 30 ...... 6 18 6 Moorings ...... 24-inch Steel Pipe ...... 30 60 ...... 30 30 ...... 6 15 5 Test Pile Program (Load 54-inch Concrete Cyl- 1 140 ...... 1 ...... 2,100 1 2 1 Test Piles). inder Pipe. Test Pile Program (Pro- 54-inch Concrete Cyl- 10 140 ...... 10 ...... 2,100 1 20 10 duction Piles). inder Pipe.
North Island (Segment 2a)
Moorings ...... 42-inch Steel Pipe ...... 80 60 ...... 80 30 ...... 6 40 13
Willoughby Bay (Segment 3c)
Moorings ...... 42-inch Steel Pipe ...... 50 60 ...... 50 30 ...... 6 25 9 Moorings ...... 24-inch Steel Pipe ...... 18 60 ...... 18 30 ...... 6 9 3 Moorings (Safe Haven) .. 42-inch Steel Pipe ...... 50 60 ...... 50 30 ...... 6 25 9 Test Pile Program (Load 24-inch or 30-inch Con- 1 140 ...... 1 ...... 2,100 1 2 1 Test Piles). crete Square Pipe. Test Pile Program (Pro- 24-inch or 30-inch Con- 15 140 ...... 15 ...... 2,100 1 30 15 duction Piles). crete Square Pipe.
South Trestle (Segment 3a)
Moorings ...... 42-inch Steel Pipe ...... 41 60 ...... 41 30 ...... 6 21 7 Moorings ...... 24-inch Steel Pipe ...... 18 60 ...... 18 30 ...... 6 9 3 Test Pile Program (Load 54-inch Concrete Cyl- 2 140 ...... 2 ...... 2,100 1 4 2 Test Piles). inder Pipe. Test Pile Program (Pro- 54-inch, Concrete Cyl- 20 140 ...... 20 ...... 2,100 1 40 20 duction Piles). inder Pipe.
South Island (Segment 2a)
TBM Platform ...... 36-inch Steel Pipe ...... 216 140 108 120 108 60 60 2 216 108 Jet Grouting Trestle ...... 36-inch Steel Pipe ...... 204 100 20 120 184 50 40 3 170 68 Conveyor Trestle ...... 36-inch Steel Pipe ...... 84 100 8 120 76 50 40 3 70 28
Total ...... 1,070 ......
Proposed in-water marine Description of Marine Mammals in the descriptions) may be found on NMFS’s construction activities that have Area of Specified Activities website (https:// potential to affect marine mammals will www.fisheries.noaa.gov/find-species). occur at the following locations in Sections 3 and 4 of the application Table 2 lists all species or stocks for Construction Areas 2 and 3 (Figure 2): summarize available information which take is expected and proposed to • North Trestle-Bridges (Segment 1b); regarding status and trends, distribution be authorized for this action, and • Tunnel—North Island and South and habitat preferences, and behavior summarizes information related to the Island (Segment 2a); and life history, of the potentially population or stock, including • South Trestle-Bridge (Segment 3a); affected species. Additional information regulatory status under the MMPA and and regarding population trends and threats ESA and potential biological removal • Willoughby Bay Trestle-Bridges may be found in NMFS’s Stock (PBR), where known. For taxonomy, we (Segment 3c). Assessment Reports (SARs; https:// follow Committee on Taxonomy (2019). Proposed mitigation, monitoring, and www.fisheries.noaa.gov/national/ PBR is defined by the MMPA as the reporting measures are described in marine-mammal-protection/marine- maximum number of animals, not detail later in this document (please see mammal-stock-assessments) and more including natural mortalities, that may Proposed Mitigation and Monitoring and general information about these species be removed from a marine mammal Reporting section). (e.g., physical and behavioral stock while allowing that stock to reach
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16201
or maintain its optimum sustainable make up a given stock or the total of Mexico Marine Mammal Stock population (as described in NMFS’s number estimated within a particular Assessments (SARs). All values SARs). While no mortality is anticipated study or survey area. NMFS’s stock presented in Table 2 are the most recent or authorized here, PBR and annual abundance estimates for most species available at the time of publication and serious injury and mortality from represent the total estimate of are available in the draft 2019 SARs anthropogenic sources are included here individuals within the geographic area, (https://www.fisheries.noaa.gov/ as gross indicators of the status of the if known, that comprises that stock. For national/marine-mammal-protection/ species and other threats. some species, this geographic area may draft-marine-mammal-stock- Marine mammal abundance estimates extend beyond U.S. waters. All managed assessment-reports). presented in this document represent stocks in this region are assessed in the total number of individuals that NMFS’s United States Atlantic and Gulf TABLE 2—MARINE MAMMAL SPECIES LIKELY TO OCCUR NEAR THE PROJECT AREA
ESA/ Stock MMPA abundance Annual Common name Scientific name Stock status; (CV, Nmin, PBR 3 Strategic most recent M/SI (Y/N) 1 abundance survey) 2
Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)
Family Balaenopteridae (rorquals): Humpback whale 4 ...... Megaptera novaeangliae ...... Gulf of Maine ...... -,-; N 896 (.42; 896; 2012) ...... 14.6 9.7
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
Family Delphinidae: Bottlenose dolphin ...... Tursiops spp...... WNA Coastal, Northern Migra- -,-; Y 6,639 (0.41; 4,759; 2011) 48 6.1–13.2 tory...... WNA Coastal, Southern Migra- -,-; Y 3,751 (0.06; 2,353; 2011) 23 0–14.3 tory...... Northern North Carolina Estua- -,-; Y 823 (0.06; 782; 2013) ..... 7.8 0.8–18.2 rine System. Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Gulf of Maine/Bay of Fundy ...... -, -; N 79,833 (0.32; 61,415; 706 256 2011).
Order Carnivora—Superfamily Pinnipedia
Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... WNA ...... -; N 75,834 (0.1; 66,884, 2,006 345 2012). Gray seal ...... Halichoerus grypus ...... WNA ...... -; N 27,131 (0.19, 23,158, 1,359 5,688 2016). 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 2018 U.S. Atlantic SAR for the Gulf of Maine feeding population lists a current abundance estimate of 896 individuals. However, we note that the estimate is de- fined on the basis of feeding location alone (i.e., Gulf of Maine) and is therefore likely an underestimate.
As indicated above, all five species Based on sighting data and passive for the species; however, the project (with seven managed stocks) in Table 2, acoustic studies, the North Atlantic area is further inside the bay. temporally and spatially co-occur with right whale could occur off Virginia North Atlantic right whales have the activity to the degree that take is year-round (DoN 2009; Salisbury et al., stranded in Virginia, one each in 2001, reasonably likely to occur, and we have 2016). They have also been reported 2002, 2004, 2005: Three during winter proposed authorizing it. All species that seasonally off Virginia during (February and March) and one in could potentially occur in the proposed migrations in the spring, fall, and winter summer (September) (Costidis et al., project area are included in Table 3–1 (CeTAP 1981, 1982; Niemeyer et al., 2017, 2019). In January 2018, a dead, of the application. While North Atlantic 2008; Kahn et al., 2009; McLellan entangled North Atlantic right whale right whales (Eubalaena glacialis), 2011b, 2013; Mallette et al., 2016a, b, was observed floating over 60 miles minke whales (Balaenoptera 2017, 2018a; Palka et al., 2017; Cotter offshore of Virginia Beach (Costidis et acutorostrata acutorostrata), and fin 2019). Right whales are known to al., 2019). All North Atlantic right whales (Balaenoptera physalus) have whale strandings in Virginia waters frequent the coastal waters of the mouth been documented in the area, the have occurred on ocean-facing beaches of the Chesapeake Bay (Knowlton et al., temporal and/or spatial occurrence of along Virginia Beach and the barrier these whales is such that take is not 2002) and the area is a seasonal islands seaward of the lower Delmarva expected to occur, and they are not management area (1 November–30 Peninsula (Costidis et al., 2017). discussed further beyond the April) mandating reduced ship speeds Due to the low occurrence of North explanation provided here. out to approximately 20 nautical miles Atlantic right whales in the project area,
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16202 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
NMFS is not proposing to authorize take stranding from 2017 through 2020 in SEFSC) 2019) and most recently, the of this species. Virginia waters. spring (Aschettino et al., 2019; Cotter, Fin whales have been sighted off Because all minke whale occurrences 2019). Humpback whales are known to Virginia (Cetacean and Turtle in the project area are due to strandings, frequent the coastal waters of the mouth Assessment Program (CeTAP) 1981, NMFS is not proposing to authorize take of the Chesapeake Bay during the winter 1982; Swingle et al., 1993; DoN 2009; of this species. months (Aschettino et al,. 2015, 2016, Hyrenbach et al., 2012; Barco 2013; 2017a, b, 2018; Movebank, 2019), and Cetaceans Mallette et al., 2016a, b; Aschettino et on the rare occasion, inshore of the al., 2018; Engelhaupt et al., 2017, 2018; Humpback Whale CBBT (Perkins and Beamish, 1979; Cotter 2019), and in the Chesapeake Bay The humpback whale is found Aschettino et al., 2017b, 2018; (Bailey 1948; CeTAP 1981, 1982; worldwide in all oceans. Humpbacks Movebank, 2019). Humpback whales Morgan et al., 2002; Barco 2013; occur off southern New England in all could use the Chesapeake Bay area year- Aschettino et al., 2018); however, they four seasons, with peak abundance in round based off sighting and stranding are not likely to occur in the project spring and summer. In winter, data (DoN, 2009; Aschettino et al., 2015, area. Sightings have been documented humpback whales from waters off New 2016, 2017a, 2018, 2019). Baseline around the Chesapeake Bay Bridge England, Canada, Greenland, Iceland, occurrence and behavior data for Tunnel (CBBT) during the winter and Norway migrate to mate and calve humpback whales in the Hampton months (CeTAP 1981, 1982; Barco 2013; primarily in the West Indies (including Roads mid-Atlantic region was collected Aschettino et al., 2018). via satellite tags; these data show site Eleven fin whale strandings have the Antilles, the Dominican Republic, the Virgin Islands and Puerto Rico), fidelity to the Chesapeake Bay area occurred off Virginia from 1988 to 2016 (Aschettino et al., 2018, 2019) and mostly during the winter months of where spatial and genetic mixing among these groups occurs. movement in and around the project February and March, followed by a few area (Movebank, 2019). in the spring and summer months Migrating humpback whales utilize (Costidis et al., 2017). Six of the the mid-Atlantic as a migration pathway Vessel collisions and entanglements strandings occurred in the Chesapeake between calving/mating grounds to the can cause serious injuries to humpback Bay (three on eastern shore; three on south and feeding grounds in the north whales. Thirty-seven humpback whale western shore) with the remaining five (Hayes et al. 2019), but it may also be strandings have occurred in Virginia occurring on the Atlantic coast (Costidis an important winter feeding area for from 1988 to 2016 (Costidis et al., 2017). et al., 2017. Documented strandings juveniles. Since 1989, observations of Humpback whale strandings or near the project area have occurred: juvenile humpbacks in the mid-Atlantic entanglements have been recorded in February 2012, a dead fin whale washed have been increasing during the winter every month of the year with April ashore on Oceanview Beach in Norfolk months, peaking from January through having the highest number of strandings (Swingle et al., 2013); December 2017, March (Swingle et al., 1993). Biologists (Costidis et al., 2017). Twenty-seven of a live fin whale stranded on a shoal in theorize that non-reproductive animals the 37 strandings occurred on ocean- Newport News and died at the site may be establishing a winter feeding facing beaches; however, some have (Swingle et al., 2018); February 2014, a range in the mid-Atlantic since they are occurred within the lower Chesapeake dead fin whale stranded on a sand bar not participating in reproductive Bay (Barco, 2013; Costidis et al., 2017). in Pocomoke Sound near Great Fox behavior in the Caribbean. Swingle et al. Since January 2016, elevated humpback Island, Accomack (Swingle et al., 2015); (1993) identified a shift in distribution whale mortalities have occurred along and, March 2007, a dead fin whale near of juvenile humpback whales in the the Atlantic coast from Maine through Craney Island, in the Elizabeth River, in nearshore waters of Virginia, primarily Florida. The event has been declared a Norfolk (Barco 2013). in winter months. Identified whales UME with 117 strandings recorded of Only stranded fin whales have been using the mid-Atlantic area were found which 23 strandings occurred in the documented in the project area; no free- to be residents of the Gulf of Maine and waters of Virginia and seven of which swimming fin whales have been Atlantic Canada (Gulf of St. Lawrence occurred in or near the mouth of the observed. Due to the low occurrence of and Newfoundland) feeding groups; Chesapeake Bay. Partial or full necropsy fin whales in the project area, NMFS is suggesting a mixing of different feeding examinations have been conducted on not proposing to authorize take of this populations in the Mid-Atlantic region. approximately half of the known cases. species. Humpback whales are the only large A portion of the whales have shown Minke whales have been sighted off cetaceans that are likely to occur in the evidence of pre-mortem vessel strike; Virginia (CeTAP 1981, 1982; Hyrenbach project area and could be found there at however, this finding is not consistent et al. 2012; Barco 2013; Mallette et al., any time of the year. The project area is across all of the whales examined so 2016a, b; McLellan 2017; Engelhaupt et not within normal humpback whale more research is needed. NOAA is al., 2017, 2018; Cotter 2019), near the feeding or migration areas; however, consulting with researchers that are CBBT (Aschettino et al., 2018) and in they could occur in the Project area in conducting studies on the humpback the project area although the sightings relatively small numbers seasonally whale populations, and these efforts in the project area are known from during migrations (Aschettino et al., may provide information on changes in strandings (Jensen and Silber 2004; 2017b). Sightings have been reported off whale distribution and habitat use that Barco 2013; DoN 2009). In August 1994, Virginia during the fall and winter could provide additional insight into a ship strike incident involved a minke (CeTAP 1981, 1982; Swingle et al., how these vessel interactions occurred. whale in Hampton Roads (Jensen and 1993; Barco et al., 2002; McLellan More detailed information is available Silber 2004; Barco 2013). It was reported 2011a; Engelhaupt et al., 2014, 2015, at: https://www.fisheries.noaa.gov/ that the animal was struck offshore and 2016, 2017, 2018; Aschettino et al., national/marine-life-distress/2016-2019- was carried inshore on the bow of a ship 2015, 2016, 2017a, 2018, 2019; Mallette humpback-whale-unusual-mortality- (DoN 2009). Twelve strandings of minke et al., 2016a, b, 2017, 2018a, b; event-along-atlantic-coast. Three whales have occurred in Virginia waters McAlarney et al., 2017, 2018; Northeast previous UMEs involving humpback from 1988 to 2016 (Costidis et al., 2017). Fisheries Science Center and Southeast whales have occurred since 2000, in There have been six minke whale Fisheries Science Center (NEFSC and 2003, 2005, and 2006.
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16203
Bottlenose Dolphin (in waters ≤1 km from shore). During the 2012) and they regularly occur in the The bottlenose dolphin occurs in warm water months of July–August, the Chesapeake Bay (Prescott and Fiorelli temperate and tropical oceans stock is presumed to occupy coastal 1980; Polacheck et al., 1995; DoN 2009). throughout the world, ranging in waters north of Cape Lookout, North A few sightings have occurred near the latitudes from 45° N to 45° S (Blaylock, Carolina, to Assateague, Virginia, HRBT (M. Cotter, HDR Inc., pers. comm. 1985). In the western Atlantic Ocean including the Chesapeake Bay. May 2019 as cited in the application). The NNCES stock is best defined as there are two distinct morphotypes of There are documented sightings near animals that occupy primarily waters of bottlenose dolphins, an offshore type the project area during the spring and the Pamlico Sound estuarine system that occurs along the edge of the winter, although, most of these sightings (which also includes Core, Roanoke, continental shelf as well as an inshore are known from stranding data and Albemarle sounds, and the Neuse type. The inshore morphotype can be (Polacheck et al., 1995; Cox et al., 1998; River) during warm water months (July– found along the entire United States Morgan et al., 2002; Swingle et al., 2007; August). Members of this stock also use coast from New York to the Gulf of Barco 2013). coastal waters (≤1 km from shore) of Mexico, and typically occurs in waters North Carolina from Beaufort north to Pinnipeds less than 20 m deep (NOAA Fisheries, Virginia Beach, Virginia, including the Harbor Seal 2016a). Bottlenose dolphins found in lower Chesapeake Bay. A community of Virginia are representative primarily of NNCES dolphins are likely year-round The harbor seal occurs in arctic and either the northern migratory coastal Bay residents (E. Patterson, NMFS pers. temperate coastal waters throughout the stock, southern migratory coastal stock, comm). northern hemisphere, including on both or the Northern North Carolina Bottlenose dolphins are consistently the east and west coasts of the United Estuarine System Stock (NNCES). seen in Virginia waters from May States. On the east coast, harbor seals The northern migratory coastal stock through October (Barco et al., 1999; can be found from the Canadian Arctic is best defined by its distribution during Costidis et al., 2017; Cotter, 2019) and down to Georgia (Blaylock, 1985). warm water months when the stock are regularly sighted from early spring Harbor seals occur year-round in occupies coastal waters from the through late fall with sightings and Canada and Maine and seasonally shoreline to approximately the 20-m stranding events in Virginia waters all (September–May) from southern New isobath between Assateague, Virginia, months of the year (Swingle et al., 2010, England to New Jersey (NOAA and Long Island, New York (Garrison et 2011, 2012, 2013, 2014; DolphinWatch Fisheries, 2016d). The range of harbor al., 2017b). The stock migrates in late 2019). Sightings have been reported off seals appears to be shifting as they are summer and fall and, during cold water Virginia and near the project area during regularly reported further south than months (best described by January and the summer, fall, and winter (CeTAP,, they were historically. In recent years, February), occupies coastal waters from 1981, 1982; Hohn 1997; Torres et al., they have established haulout sites in approximately Cape Lookout, North 2005; NEFSC and SEFSC 2012, 2013, the Chesapeake Bay including on the Carolina, to the North Carolina/Virginia 2016; Barco 2013, 2014; Garrison 2013; portal islands of the Chesapeake Bay border (Garrison et al., 2017b). DiMatteo 2014; Roberts et al., 2016; Bridge Tunnel (CBBT) (Rees et al., 2016, Historically, common bottlenose Engelhaupt et al., 2014, 2015, 2016, Jones et al., 2018). dolphins have been rarely observed 2017, 2018; Palka et al., 2017; Mallette Harbor seals are the most common during cold water months in coastal et al., 2016a, b, 2017, 2018a, b; seal in Virginia (Barco and Swingle, waters north of the North Carolina/ McAlarney et al., 2017, 2018; 2014). Harbor seal presence in Virginia Virginia border, and their northern DolphinWatch 2019). waters is seasonal, with individuals distribution in winter appears to be arriving in January and February limited by water temperatures. Overlap Harbor Porpoise (winter) and extending into April and with the southern migratory coastal The harbor porpoise is typically May (spring) (Costidis et al., 2017). stock in coastal waters of northern found in colder waters in the northern They can be seen resting on the rocks North Carolina and Virginia is possible hemisphere. In the western North around the portal islands of the CBBT during spring and fall migratory Atlantic Ocean, harbor porpoises range from December through April. Seal periods, but the degree of overlap is from Greenland to as far south as North observation surveys conducted at the unknown and it may vary depending on Carolina (Barco and Swingle, 2014). CBBT recorded 112 seals during the annual water temperature (Garrison et They are commonly found in bays, 2014/2015 season, 184 seals during the al., 2016). When the stock has migrated estuaries, and harbors less than 200 2015/2016 season, 308 seals in the in cold water months to coastal waters meters deep (NOAA Fisheries, 2017c). 2016/2017 season and 340 seals during from just north of Cape Hatteras, North Harbor porpoises in the United States the 2017/2018 season. Smaller numbers Carolina, to just south of Cape Lookout, are made up of the Gulf of Maine/Bay of harbor seals have been known to North Carolina, it overlaps spatially of Fundy stock. Gulf of Maine/Bay of occasionally haul out on the rocks near with the Northern North Carolina Fundy stock are concentrated in the the HRBT (Danielle Jones, Naval Estuarine System (NNCES) Stock Gulf of Maine in the summer, but are Facilities Engineering Command (Garrison et al., 2017b). widely dispersed from Maine to New Atlantic, pers. comm., April 2019 as The southern migratory coastal stock Jersey in the winter. South of New cited in the application) and at migrates seasonally along the coast Jersey, harbor porpoises occur at lower Hopewell up the James River (Blaylock between North Carolina and northern densities. Migrations to and from the 1985; DoN 2009). Sightings have been Florida (Garrison et al., 2017b). During Gulf of Maine do not follow a defined reported off Virginia and near the January–March, the southern migratory route (NOAA Fisheries, 2016c). project area during the winter and coastal stock appears to move as far The inland waters of Virginia are spring (Barco, 2013; Rees et al., 2016; south as northern Florida. During April– considered to be part of the normal Jones et al., 2018; Ampela et al., 2019). June, the stock moves back north past habitat of the harbor porpoise Cape Hatteras, North Carolina (Garrison (Polacheck et al., 1995; DoN 2009). Gray Seal et al., 2017b), where it overlaps, in Sightings have been reported off The gray seal occurs on both coasts of coastal waters, with the NNCES stock Virginia (DoN 2009; Hyrenbach et al., the Northern Atlantic Ocean and is
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16204 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
divided into three major populations were reported during the 2016/2017 and that not all marine mammal species (NOAA Fisheries, 2016b). The western 2017/2018 seasons (Rees et al., 2016, have equal hearing capabilities (e.g., north Atlantic stock occurs in eastern Jones et al., 2018). Sightings have been Richardson et al., 1995; Wartzok and Canada and the northeastern United reported off Virginia and near the Ketten, 1999; Au and Hastings, 2008). States, occasionally as far south as project area during the winter and To reflect this, Southall et al. (2007) North Carolina. Gray seals inhabit rocky spring (Barco 2013; Rees et al., 2016; recommended that marine mammals be coasts and islands, sandbars, ice shelves Jones et al., 2018; Ampela et al., 2019). divided into functional hearing groups and icebergs (NOAA Fisheries, 2016b). Marine Mammal Habitat based on directly measured or estimated In the United States, gray seals hearing ranges on the basis of available congregate in the summer to give birth No ESA-designated critical habitat behavioral response data, audiograms overlaps with the project area. A at four established colonies in derived using auditory evoked potential migratory Biologically Important Area Massachusetts and Maine (NOAA techniques, anatomical modeling, and (BIA) for North Atlantic right whales is Fisheries, 2016b). From September other data. Note that no direct found offshore of the mouth of the through May, they disperse and can be measurements of hearing ability have abundant as far south as New Jersey. Chesapeake Bay but does not overlap with the project area. As previously been successfully completed for The range of gray seals appears to be mysticetes (i.e., low-frequency shifting as they are regularly being described, right whales are rarely observed in the Bay and sound from the cetaceans). Subsequently, NMFS (2018) reported further south than they were described generalized hearing ranges for historically (Rees et al., 2016). proposed in-water activities are not anticipated to propagate outside of the these marine mammal hearing groups. Gray seals are uncommon in Virginia Bay to the area associated with the BIA. Generalized hearing ranges were chosen and the Chesapeake Bay. Only 15 gray based on the approximately 65 decibel seal strandings were documented in Marine Mammal Hearing (dB) threshold from the normalized Virginia from 1988 through 2013 (Barco Hearing is the most important sensory composite audiograms, with the and Swingle, 2014). They are rarely modality for marine mammals exception for lower limits for low- found resting on the rocks around the underwater, and exposure to frequency cetaceans where the lower portal islands of the CBBT from anthropogenic sound can have bound was deemed to be biologically December through April alongside deleterious effects. To appropriately implausible and the lower bound from harbor seals. Seal observation surveys assess the potential effects of exposure Southall et al. (2007) retained. Marine conducted at the CBBT recorded one to sound, it is necessary to understand mammal hearing groups and their gray seal in each of the 2014/2015 and the frequency ranges marine mammals associated hearing ranges are provided 2015/2016 seasons while no gray seals are able to hear. Current data indicate in Table 3.
TABLE 3—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]
Hearing group Generalized hearing range *
Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, 275 Hz to 160 kHz. Lagenorhynchus cruciger & L. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing dolphin) and one is classified as high- reproductive success or survivorship of group was modified from Southall et al. frequency (harbor porpoise). individuals and how those impacts on (2007) on the basis of data indicating individuals are likely to impact marine Potential Effects of Specified Activities that phocid species have consistently mammal species or stocks. on Marine Mammals and Their Habitat demonstrated an extended frequency Description of Sound Sources range of hearing compared to otariids, This section includes a summary and especially in the higher frequency range discussion of the ways that components The marine soundscape is comprised (Hemila¨ et al., 2006; Kastelein et al., of the specified activity may impact of both ambient and anthropogenic 2009; Reichmuth and Holt, 2013). marine mammals and their habitat. The sounds. Ambient sound is defined as For more detail concerning these Estimated Take by Incidental the all-encompassing sound in a given groups and associated frequency ranges, Harassment section later in this place and is usually a composite of please see NMFS (2018) for a review of document includes a quantitative sound from many sources both near and available information. Five marine analysis of the number of individuals far. The sound level of an area is mammal species (3 cetacean and 2 that are expected to be taken by this defined by the total acoustical energy phocid pinniped) have the reasonable activity. The Negligible Impact Analysis being generated by known and potential to co-occur with the proposed and Determination section considers the unknown sources. These sources may survey activities. Please refer to Table 2. content of this section, the Estimated include physical (e.g., waves, wind, Of the cetacean species that may be Take by Incidental Harassment section, precipitation, earthquakes, ice, present, one is classified as low- and the Proposed Mitigation section, to atmospheric sound), biological (e.g., frequency (humpback whale), one is draw conclusions regarding the likely sounds produced by marine mammals, classified as mid-frequency (bottlenose impacts of these activities on the fish, and invertebrates), and
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16205
anthropogenic sound (e.g., vessels, by vibrating them and allowing the al. 2007; Gotz et al. 2009). Additional dredging, aircraft, construction). weight of the hammer to push them into noise in a marine mammal’s habitat can The sum of the various natural and the sediment. Vibratory hammers mask acoustic cues used by marine anthropogenic sound sources at any produce significantly less sound than mammals to carry out daily functions given location and time—which impact hammers. Peak sound pressure such as communication and predator comprise ‘‘ambient’’ or ‘‘background’’ levels (SPLs) may be 180 dB or greater, and prey detection. The effects of pile sound—depends not only on the source but are generally 10 to 20 dB lower than driving noise on marine mammals are levels (as determined by current SPLs generated during impact pile dependent on several factors, including, weather conditions and levels of driving of the same-sized pile (Oestman but not limited to, sound type (e.g., biological and shipping activity) but et al., 2009). Rise time is slower, impulsive vs. non-impulsive), the also on the ability of sound to propagate reducing the probability and severity of species, age and sex class (e.g., adult through the environment. In turn, sound injury, and sound energy is distributed male vs. mom with calf), duration of propagation is dependent on the over a greater amount of time (Nedwell exposure, the distance between the pile spatially and temporally varying and Edwards, 2002; Carlson et al., and the animal, received levels, properties of the water column and sea 2005). A DTH hammer is used to place behavior at time of exposure, and floor, and is frequency-dependent. As a hollow steel piles or casings by drilling. previous history with exposure result of the dependence on a large A DTH hammer is a drill bit that drills (Wartzok et al. 2004; Southall et al. number of varying factors, ambient through the bedrock using a pulse 2007). Here we discuss physical sound levels can be expected to vary mechanism that functions at the bottom auditory effects (threshold shifts), widely over both coarse and fine spatial of the hole. This pulsing bit breaks up followed by behavioral effects and and temporal scales. Sound levels at a rock to allow removal of debris and potential impacts on habitat. given frequency and location can vary insertion of the pile. The head extends Richardson et al. (1995) described by 10–20 dB from day to day so that the drilling takes place below the zones of increasing intensity of effect (Richardson et al. 1995). The result is pile. The pulsing sounds produced by that might be expected to occur, in that, depending on the source type and DTH hammers were previously thought relation to distance from a source and its intensity, sound from the specified to be continuous. However, the assuming that the signal is within an activity may be a negligible addition to Chesapeake Tunnel Joint Venture animal’s hearing range. First is the area the local environment or could form a (CTJV) conducted sound source within which the acoustic signal would distinctive signal that may affect marine verification (SSV) monitoring and the be audible (potentially perceived) to the mammals. most significant finding was that the animal, but not strong enough to elicit In-water construction activities DTH hammer created an impulsive any overt behavioral or physiological associated with the project would sound as the equipment was employed response. The next zone corresponds include impact pile driving, vibratory at the Parallel Thimble Shoal Tunnel with the area where the signal is audible pile driving, vibratory pile removal, and Project in Virginia Beach, Virginia to the animal and of sufficient intensity drilling with a DTH hammer. The (Denes et al. 2019). to elicit behavioral or physiological sounds produced by these activities fall The likely or possible impacts of responsiveness. Third is a zone within into one of two general sound types: HRCP’s proposed activity on marine which, for signals of high intensity, the Impulsive and non-impulsive. mammals could involve both non- received level is sufficient to potentially Impulsive sounds (e.g., explosions, acoustic and acoustic stressors. cause discomfort or tissue damage to gunshots, sonic booms, impact pile Potential non-acoustic stressors could auditory or other systems. Overlaying driving) are typically transient, brief result from the physical presence of the these zones to a certain extent is the (less than 1 second), broadband, and equipment and personnel; however, any area within which masking (i.e., when a consist of high peak sound pressure impacts to marine mammals are sound interferes with or masks the with rapid rise time and rapid decay expected to primarily be acoustic in ability of an animal to detect a signal of (ANSI 1986; NIOSH 1998; NMFS 2018). nature. Acoustic stressors include interest that is above the absolute Non-impulsive sounds (e.g. aircraft, effects of heavy equipment operation hearing threshold) may occur; the machinery operations such as drilling or during pile installation. masking zone may be highly variable in dredging, vibratory pile driving, and size. active sonar systems) can be broadband, Acoustic Impacts We describe the more severe effects narrowband or tonal, brief or prolonged The introduction of anthropogenic (i.e., permanent hearing impairment, (continuous or intermittent), and noise into the aquatic environment from certain non-auditory physical or typically do not have the high peak pile driving is the primary means by physiological effects) only briefly as we sound pressure with raid rise/decay which marine mammals may be do not expect that there is a reasonable time that impulsive sounds do (ANSI harassed from CTJV’s specified activity. likelihood that HRCP’s activities would 1995; NIOSH 1998; NMFS 2018). The In general, animals exposed to natural result in such effects (see below for distinction between these two sound or anthropogenic sound may experience further discussion). NMFS defines a types is important because they have physical and psychological effects, noise-induced threshold shift (TS) as a differing potential to cause physical ranging in magnitude from none to change, usually an increase, in the effects, particularly with regard to severe (Southall et al. 2007). Exposure threshold of audibility at a specified hearing (e.g., Ward 1997 in Southall et to in-water construction noise has the frequency or portion of an individual’s al. 2007). potential to result in auditory threshold hearing range above a previously Impact hammers operate by shifts and behavioral reactions (e.g., established reference level (NMFS repeatedly dropping a heavy piston onto avoidance, temporary cessation of 2018). The amount of threshold shift is a pile to drive the pile into the substrate. foraging and vocalizing, changes in dive customarily expressed in dB. A TS can Sound generated by impact hammers is behavior) and/or lead to non-observable be permanent or temporary. As characterized by rapid rise times and physiological responses such an described in NMFS (2018), there are high peak levels, a potentially injurious increase in stress hormones numerous factors to consider when combination (Hastings and Popper ((Richardson et al. 1995; Gordon et al. examining the consequence of TS, 2005). Vibratory hammers install piles 2004; Nowacek et al. 2007; Southall et including, but not limited to, the signal
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16206 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
temporal pattern (e.g., impulsive or non- the context in which it is experienced, reduced/increased vocal activities; impulsive), likelihood an individual TTS can have effects on marine changing/cessation of certain behavioral would be exposed for a long enough mammals ranging from discountable to activities (such as socializing or duration or to a high enough level to serious (similar to those discussed in feeding); visible startle response or induce a TS, the magnitude of the TS, auditory masking, below). For example, aggressive behavior (such as tail/fluke time to recovery (seconds to minutes or a marine mammal may be able to readily slapping or jaw clapping); avoidance of hours to days), the frequency range of compensate for a brief, relatively small areas where sound sources are located. the exposure (i.e., spectral content), the amount of TTS in a non-critical Pinnipeds may increase their haul out hearing and vocalization frequency frequency range that takes place during time, possibly to avoid in-water range of the exposed species relative to a time when the animal is traveling disturbance (Thorson and Reyff, 2006). the signal’s frequency spectrum (i.e., through the open ocean, where ambient Behavioral responses to sound are how animal uses sound within the noise is lower and there are not as many highly variable and context-specific and frequency band of the signal; e.g., competing sounds present. any reactions depend on numerous Kastelein et al. 2014b), and the overlap Alternatively, a larger amount and intrinsic and extrinsic factors (e.g., between the animal and the source (e.g., longer duration of TTS sustained during species, state of maturity, experience, spatial, temporal, and spectral). time when communication is critical for current activity, reproductive state, Permanent Threshold Shift (PTS)— successful mother/calf interactions auditory sensitivity, time of day), as NMFS defines PTS as a permanent, could have more serious impacts. We well as the interplay between factors irreversible increase in the threshold of note that reduced hearing sensitivity as (e.g., Richardson et al. 1995; Wartzok et audibility at a specified frequency or a simple function of aging has been al., 2003; Southall et al., 2007; Weilgart portion of an individual’s hearing range observed in marine mammals, as well as 2007; Archer et al., 2010). Behavioral above a previously established reference humans and other taxa (Southall et al., reactions can vary not only among level (NMFS 2018). Available data from 2007), so we can infer that strategies individuals but also within an humans and other terrestrial mammals exist for coping with this condition to individual, depending on previous indicate that a 40 dB threshold shift some degree, though likely not without experience with a sound source, approximates PTS onset (see Ward et cost. context, and numerous other factors al., 1958, 1959; Ward, 1960; Kryter et Currently, TTS data only exist for four (Ellison et al., 2012), and can vary al., 1966; Miller, 1974; Ahroon et al., species of cetaceans (bottlenose depending on characteristics associated 1996; Henderson et al., 2008). PTS dolphin, beluga whale (Delphinapterus with the sound source (e.g., whether it levels for marine mammals are leucas), harbor porpoise, and Yangtze is moving or stationary, number of estimates, as with the exception of a finless porpoise (Neophocoena sources, distance from the source). In single study unintentionally inducing asiaeorientalis)) and five species of general, pinnipeds seem more tolerant PTS in a harbor seal (Kastak et al., pinnipeds exposed to a limited number of, or at least habituate more quickly to, 2008), there are no empirical data of sound sources (i.e., mostly tones and potentially disturbing underwater sound measuring PTS in marine mammals octave-band noise) in laboratory settings than do cetaceans, and generally seem largely due to the fact that, for various (Finneran, 2015). TTS was not observed to be less responsive to exposure to ethical reasons, experiments involving in trained spotted (Phoca largha) and industrial sound than most cetaceans. anthropogenic noise exposure at levels ringed (Pusa hispida) seals exposed to Please see Appendices B–C of Southall inducing PTS are not typically pursued impulsive noise at levels matching et al. (2007) for a review of studies or authorized (NMFS, 2018). previous predictions of TTS onset involving marine mammal behavioral Temporary Threshold Shift (TTS)—A (Reichmuth et al., 2016). In general, responses to sound. temporary, reversible increase in the harbor seals and harbor porpoises have Habituation can occur when an threshold of audibility at a specified a lower TTS onset than other measured animal’s response to a stimulus wanes frequency or portion of an individual’s pinniped or cetacean species (Finneran, with repeated exposure, usually in the hearing range above a previously 2015). Additionally, the existing marine absence of unpleasant associated events established reference level (NMFS mammal TTS data come from a limited (Wartzok et al., 2003). Animals are most 2018). Based on data from cetacean TTS number of individuals within these likely to habituate to sounds that are measurements (see Southall et al., species. No data are available on noise- predictable and unvarying. It is 2007), a TTS of 6 dB is considered the induced hearing loss for mysticetes. For important to note that habituation is minimum threshold shift clearly larger summaries of data on TTS in marine appropriately considered as a than any day-to-day or session-to- mammals or for further discussion of ‘‘progressive reduction in response to session variation in a subject’s normal TTS onset thresholds, please see stimuli that are perceived as neither hearing ability (Schlundt et al., 2000; Southall et al., (2007), Finneran and aversive nor beneficial,’’ rather than as, Finneran et al., 2000, 2002). As Jenkins (2012), Finneran (2015), and more generally, moderation in response described in Finneran (2016), marine Table 5 in NMFS (2018). to human disturbance (Bejder et al., mammal studies have shown the Behavioral Harassment—Behavioral 2009). The opposite process is amount of TTS increases with disturbance may include a variety of sensitization, when an unpleasant cumulative sound exposure level effects, including subtle changes in experience leads to subsequent (SELcum) in an accelerating fashion: At behavior (e.g., minor or brief avoidance responses, often in the form of low exposures with lower SELcum, the of an area or changes in vocalizations), avoidance, at a lower level of exposure. amount of TTS is typically small and more conspicuous changes in similar As noted above, behavioral state may the growth curves have shallow slopes. behavioral activities, and more affect the type of response. For example, At exposures with higher SELcum, the sustained and/or potentially severe animals that are resting may show growth curves become steeper and reactions, such as displacement from or greater behavioral change in response to approach linear relationships with the abandonment of high-quality habitat. disturbing sound levels than animals noise SEL. Disturbance may result in changing that are highly motivated to remain in Depending on the degree (elevation of durations of surfacing and dives, an area for feeding (Richardson et al., threshold in dB), duration (i.e., recovery number of blows per surfacing, or 1995; NRC, 2003; Wartzok et al., 2003). time), and frequency range of TTS, and moving direction and/or speed; Controlled experiments with captive
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16207
marine mammals have showed (e.g., Croll et al., 2001; Nowacek et al., may be short-term, with animals pronounced behavioral reactions, 2004; Madsen et al., 2006; Yazvenko et returning to the area once the noise has including avoidance of loud sound al., 2007). A determination of whether ceased (e.g., Bowles et al., 1994; Goold sources (Ridgway et al., 1997; Finneran foraging disruptions incur fitness 1996; Stone et al., 2000; Morton and et al., 2003). Observed responses of wild consequences would require Symonds, 2002; Gailey et al., 2007). marine mammals to loud pulsed sound information on or estimates of the Longer-term displacement is possible, sources (typically seismic airguns or energetic requirements of the affected however, which may lead to changes in acoustic harassment devices) have been individuals and the relationship abundance or distribution patterns of varied but often consist of avoidance between prey availability, foraging effort the affected species in the affected behavior or other behavioral changes and success, and the life history stage of region if habituation to the presence of suggesting discomfort (Morton and the animal. the sound does not occur (e.g., Symonds 2002; see also Richardson et Variations in respiration naturally Blackwell et al., 2004; Bejder et al., al., 1995; Nowacek et al., 2007). vary with different behaviors and 2006; Teilmann et al., 2006). Available studies show wide variation alterations to breathing rate as a A flight response is a dramatic change in response to underwater sound; function of acoustic exposure can be in normal movement to a directed and therefore, it is difficult to predict expected to co-occur with other rapid movement away from the specifically how any given sound in a behavioral reactions, such as a flight perceived location of a sound source. particular instance might affect marine response or an alteration in diving. The flight response differs from other mammals perceiving the signal. If a However, respiration rates in and of avoidance responses in the intensity of marine mammal does react briefly to an themselves may be representative of the response (e.g., directed movement, underwater sound by changing its annoyance or an acute stress response. rate of travel). Relatively little behavior or moving a small distance, the Various studies have shown that information on flight responses of impacts of the change are unlikely to be respiration rates may either be marine mammals to anthropogenic significant to the individual, let alone unaffected or could increase, depending signals exist, although observations of the stock or population. However, if a on the species and signal characteristics, flight responses to the presence of sound source displaces marine again highlighting the importance in predators have occurred (Connor and mammals from an important feeding or understanding species differences in the Heithaus, 1996). The result of a flight breeding area for a prolonged period, tolerance of underwater noise when response could range from brief, impacts on individuals and populations determining the potential for impacts temporary exertion and displacement could be significant (e.g., Lusseau and resulting from anthropogenic sound from the area where the signal provokes Bejder 2007; Weilgart 2007; NRC 2005). exposure (e.g., Kastelein et al., 2001; flight to, in extreme cases, marine However, there are broad categories of 2005b, 2006; Gailey et al. 2007). mammal strandings (Evans and potential response, which we describe Marine mammals vocalize for England, 2001). However, it should be in greater detail here, that include different purposes and across multiple noted that response to a perceived alteration of dive behavior, alteration of modes, such as whistling, echolocation predator does not necessarily invoke foraging behavior, effects to breathing, click production, calling, and singing. flight (Ford and Reeves, 2008), and interference with or alteration of Changes in vocalization behavior in whether individuals are solitary or in vocalization, avoidance, and flight. response to anthropogenic noise can groups may influence the response. Changes in dive behavior can vary occur for any of these modes and may Behavioral disturbance can also widely, and may consist of increased or result from a need to compete with an impact marine mammals in more subtle decreased dive times and surface increase in background noise or may ways. Increased vigilance may result in intervals as well as changes in the rates reflect increased vigilance or a startle costs related to diversion of focus and of ascent and descent during a dive (e.g., response. For example, in the presence attention (i.e., when a response consists Frankel and Clark 2000; Costa et al., of potentially masking signals, of increased vigilance, it may come at 2003; Ng and Leung 2003; Nowacek et humpback whales and killer whales the cost of decreased attention to other al., 2004; Goldbogen et al. 2013a,b). have been observed to increase the critical behaviors such as foraging or Variations in dive behavior may reflect length of their songs (Miller et al., 2000; resting). These effects have generally not interruptions in biologically significant Fristrup et al., 2003; Foote et al., 2004), been demonstrated for marine activities (e.g., foraging) or they may be while right whales have been observed mammals, but studies involving fish of little biological significance. The to shift the frequency content of their and terrestrial animals have shown that impact of an alteration to dive behavior calls upward while reducing the rate of increased vigilance may substantially resulting from an acoustic exposure calling in areas of increased reduce feeding rates (e.g., Beauchamp depends on what the animal is doing at anthropogenic noise (Parks et al., and Livoreil 1997; Fritz et al., 2002; the time of the exposure and the type 2007b). In some cases, animals may Purser and Radford 2011). In addition, and magnitude of the response. cease sound production during chronic disturbance can cause Disruption of feeding behavior can be production of aversive signals (Bowles population declines through reduction difficult to correlate with anthropogenic et al., 1994). of fitness (e.g., decline in body sound exposure, so it is usually inferred Avoidance is the displacement of an condition) and subsequent reduction in by observed displacement from known individual from an area or migration reproductive success, survival, or both foraging areas, the appearance of path as a result of the presence of a (e.g., Harrington and Veitch, 1992; Daan secondary indicators (e.g., bubble nets sound or other stressors, and is one of et al. 1996; Bradshaw et al., 1998). or sediment plumes), or changes in dive the most obvious manifestations of However, Ridgway et al. (2006) reported behavior. As for other types of disturbance in marine mammals that increased vigilance in bottlenose behavioral response, the frequency, (Richardson et al., 1995). For example, dolphins exposed to sound over a five- duration, and temporal pattern of signal gray whales (Eschrictius robustus) are day period did not cause any sleep presentation, as well as differences in known to change direction—deflecting deprivation or stress effects. species sensitivity, are likely from customary migratory paths—in Many animals perform vital functions, contributing factors to differences in order to avoid noise from seismic such as feeding, resting, traveling, and response in any given circumstance surveys (Malme et al., 1984). Avoidance socializing, on a diel cycle (24-hour
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16208 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
cycle). Disruption of such functions costs of a stress response, energy frequencies important to marine resulting from reactions to stressors resources must be diverted from other mammals. Conversely, if the such as sound exposure are more likely functions. This state of distress will last background level of underwater sound to be significant if they last more than until the animal replenishes its is high (e.g. on a day with strong wind one diel cycle or recur on subsequent energetic reserves sufficient to restore and high waves), an anthropogenic days (Southall et al., 2007). normal function. sound source would not be detectable as Consequently, a behavioral response Relationships between these far away as would be possible under lasting less than one day and not physiological mechanisms, animal quieter conditions and would itself be recurring on subsequent days is not behavior, and the costs of stress masked. Busy ship channels traverse considered particularly severe unless it responses are well-studied through Thimble Shoal. Commercial vessels could directly affect reproduction or controlled experiments and for both including container ships and cruise survival (Southall et al., 2007). Note that laboratory and free-ranging animals ships as well as numerous recreational there is a difference between multi-day (e.g., Holberton et al. 1996; Hood et al. frequent the area, so background sound substantive behavioral reactions and 1998; Jessop et al. 2003; Krausman et al. levels near the project area are likely to multi-day anthropogenic activities. For 2004; Lankford et al. 2005). Stress be elevated, although to what degree is example, just because an activity lasts responses due to exposure to unknown. for multiple days does not necessarily anthropogenic sounds or other stressors The frequency range of the potentially mean that individual animals are either and their effects on marine mammals masking sound is important in exposed to activity-related stressors for have also been reviewed (Fair and determining any potential behavioral multiple days or, further, exposed in a Becker 2000; Romano et al., 2002b) and, impacts. For example, low-frequency manner resulting in sustained multi-day more rarely, studied in wild populations signals may have less effect on high- substantive behavioral responses. (e.g., Romano et al., 2002a). For frequency echolocation sounds Stress responses—An animal’s example, Rolland et al., (2012) found produced by odontocetes but are more perception of a threat may be sufficient that noise reduction from reduced ship likely to affect detection of mysticete to trigger stress responses consisting of traffic in the Bay of Fundy was communication calls and other some combination of behavioral associated with decreased stress in potentially important natural sounds responses, autonomic nervous system North Atlantic right whales. These and such as those produced by surf and responses, neuroendocrine responses, or other studies lead to a reasonable some prey species. The masking of immune responses (e.g., Seyle 1950; expectation that some marine mammals communication signals by Moberg 2000). In many cases, an will experience physiological stress anthropogenic noise may be considered animal’s first and sometimes most responses upon exposure to acoustic as a reduction in the communication economical (in terms of energetic costs) stressors and that it is possible that space of animals (e.g., Clark et al., 2009) response is behavioral avoidance of the some of these would be classified as and may result in energetic or other potential stressor. Autonomic nervous ‘‘distress.’’ In addition, any animal costs as animals change their system responses to stress typically experiencing TTS would likely also vocalization behavior (e.g., Miller et al., involve changes in heart rate, blood experience stress responses (NRC, 2000; Foote et al., 2004; Parks et al., pressure, and gastrointestinal activity. 2003). 2007b; Di Iorio and Clark 2009; Holt et These responses have a relatively short Masking—Sound can disrupt behavior al., 2009). Masking can be reduced in duration and may or may not have a through masking, or interfering with, an significant long-term effect on an animal’s ability to detect, recognize, or situations where the signal and noise animal’s fitness. discriminate between acoustic signals of come from different directions Neuroendocrine stress responses often interest (e.g., those used for intraspecific (Richardson et al., 1995), through involve the hypothalamus-pituitary- communication and social interactions, amplitude modulation of the signal, or adrenal system. Virtually all prey detection, predator avoidance, through other compensatory behaviors neuroendocrine functions that are navigation) (Richardson et al. 1995). (Houser and Moore 2014). Masking can affected by stress—including immune Masking occurs when the receipt of a be tested directly in captive species competence, reproduction, metabolism, sound is interfered with by another (e.g., Erbe 2008), but in wild and behavior—are regulated by pituitary coincident sound at similar frequencies populations it must be either modeled hormones. Stress-induced changes in and at similar or higher intensity, and or inferred from evidence of masking the secretion of pituitary hormones have may occur whether the sound is natural compensation. There are few studies been implicated in failed reproduction, (e.g., snapping shrimp, wind, waves, addressing real-world masking sounds altered metabolism, reduced immune precipitation) or anthropogenic (e.g., likely to be experienced by marine competence, and behavioral disturbance pile driving, shipping, sonar, seismic mammals in the wild (e.g., Branstetter et (e.g., Moberg 1987; Blecha 2000). exploration) in origin. The ability of a al., 2013). Increases in the circulation of noise source to mask biologically Masking affects both senders and glucocorticoids are also equated with important sounds depends on the receivers of acoustic signals and can stress (Romano et al. 2004). characteristics of both the noise source potentially have long-term chronic The primary distinction between and the signal of interest (e.g., signal-to- effects on marine mammals at the stress (which is adaptive and does not noise ratio, temporal variability, population level as well as at the normally place an animal at risk) and direction), in relation to each other and individual level. Low-frequency distress is the cost of the response. to an animal’s hearing abilities (e.g., ambient sound levels have increased by During a stress response, an animal uses sensitivity, frequency range, critical as much as 20 dB (more than three times glycogen stores that can be quickly ratios, frequency discrimination, in terms of SPL) in the world’s ocean replenished once the stress is alleviated. directional discrimination, age or TTS from pre-industrial periods, with most In such circumstances, the cost of the hearing loss), and existing ambient of the increase from distant commercial stress response would not pose serious noise and propagation conditions. shipping (Hildebrand 2009). All fitness consequences. However, when Masking of natural sounds can result anthropogenic sound sources, but an animal does not have sufficient when human activities produce high especially chronic and lower-frequency energy reserves to satisfy the energetic levels of background sound at signals (e.g., from vessel traffic),
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16209
contribute to elevated ambient sound Non-Auditory Physiological Effects affect the stock or the species as a levels, thus intensifying masking. Non-auditory physiological effects or whole. However, if a sound source displaces marine mammals from an Underwater Acoustic Effects injuries that theoretically might occur in marine mammals exposed to strong important feeding or breeding area for a Potential Effects of Pile Driving Sound underwater sound include stress, prolonged period, impacts on animals, neurological effects, bubble formation, and if so potentially on the stock or The effects of sounds from pile resonance effects, and other types of species, could potentially be significant driving might include one or more of organ or tissue damage (Cox et al. 2006; (e.g., Lusseau and Bejder 2007; Weilgart the following: Temporary or permanent Southall et al. 2007). Studies examining 2007). hearing impairment, non-auditory such effects are limited. In general, little The biological significance of many of physical or physiological effects, is known about the potential for pile these behavioral disturbances is difficult behavioral disturbance, and masking driving to cause non-auditory physical to predict, especially if the detected (Richardson et al. 1995; Gordon et al. effects in marine mammals. Available disturbances appear minor. However, 2003; Nowacek et al. 2007; Southall et data suggest that such effects, if they the consequences of behavioral al. 2007). The effects of pile driving on occur at all, would presumably be modification could be expected to be marine mammals are dependent on limited to short distances from the biologically significant if the change several factors, including the type and sound source and to activities that affects growth, survival, or depth of the animal; the pile size and extend over a prolonged period. The reproduction. Significant behavioral type, and the intensity and duration of available data do not allow modifications that could potentially the pile driving sound; the substrate; the identification of a specific exposure lead to effects on growth, survival, or level above which non-auditory effects reproduction include: standoff distance between the pile and • the animal; and the sound propagation can be expected (Southall et al. 2007) or Changes in diving/surfacing patterns (such as those thought to cause properties of the environment. Impacts any meaningful quantitative predictions beaked whale stranding due to exposure to marine mammals from pile driving of the numbers (if any) of marine to military mid-frequency tactical activities are expected to result mammals that might be affected in those sonar); primarily from acoustic pathways. As ways. We do not expect any non- auditory physiological effects because of • Habitat abandonment due to loss of such, the degree of effect is intrinsically desirable acoustic environment; and related to the frequency, received level, mitigation that prevents animals from approach the source too closely. Marine • Cessation of feeding or social and duration of the sound exposure, mammals that show behavioral interaction. which are in turn influenced by the avoidance of pile driving, including The onset of behavioral disturbance distance between the animal and the some odontocetes and some pinnipeds, from anthropogenic sound depends on source. The further away from the are especially unlikely to incur non- both external factors (characteristics of source, the less intense the exposure auditory physical effects. sound sources and their paths) and the should be. The substrate and depth of specific characteristics of the receiving the habitat affect the sound propagation Disturbance Reactions animals (hearing, motivation, properties of the environment. In Responses to continuous sound, such experience, demography) and is difficult addition, substrates that are soft (e.g., as vibratory pile installation, have not to predict (Southall et al. 2007). sand) would absorb or attenuate the been documented as well as responses sound more readily than hard substrates to pulsed sounds. With both types of Auditory Masking (e.g., rock), which may reflect the pile driving, it is likely that the onset of Natural and artificial sounds can acoustic wave. Soft porous substrates pile driving could result in temporary, disrupt behavior by masking. The would also likely require less time to short term changes in an animal’s frequency range of the potentially drive the pile, and possibly less forceful typical behavior and/or avoidance of the masking sound is important in equipment, which would ultimately affected area. These behavioral changes determining any potential behavioral decrease the intensity of the acoustic may include (Richardson et al. 1995): impacts. Because sound generated from source. Changing durations of surfacing and in-water pile driving is mostly In the absence of mitigation, impacts dives, number of blows per surfacing, or concentrated at low frequency ranges, it moving direction and/or speed; to marine species could be expected to may have less effect on high frequency reduced/increased vocal activities; echolocation sounds made by porpoises. include physiological and behavioral changing/cessation of certain behavioral Any masking event that could possibly responses to the acoustic signature activities (such as socializing or rise to Level B harassment under the (Viada et al. 2008). Potential effects feeding); visible startle response or MMPA would occur concurrently from impulsive sound sources like aggressive behavior (such as tail/fluke within the zones of behavioral impact pile driving can range in severity slapping or jaw clapping); avoidance of harassment already estimated for from effects such as behavioral areas where sound sources are located; vibratory and impact pile driving, and disturbance to temporary or permanent and/or flight responses (e.g., pinnipeds which have already been taken into hearing impairment (Yelverton et al. flushing into water from haul-outs or account in the exposure analysis. 1973). Due to the nature of the pile rookeries). Pinnipeds may increase their Airborne Acoustic Effects driving sounds in the project, behavioral haul out time, possibly to avoid in-water disturbance is the most likely effect disturbance (Thorson and Reyff 2006). If Pinnipeds that occur near the project from the proposed activity. Marine a marine mammal responds to a site could be exposed to airborne mammals exposed to high intensity stimulus by changing its behavior (e.g., sounds associated with pile driving that sound repeatedly or for prolonged through relatively minor changes in have the potential to cause behavioral periods can experience hearing locomotion direction/speed or harassment, depending on their distance threshold shifts. Note that PTS vocalization behavior), the response from pile driving activities. Cetaceans constitutes injury, but TTS does not may or may not constitute taking at the are not expected to be exposed to (Southall et al. 2007). individual level, and is unlikely to airborne sounds that would result in
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16210 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
harassment as defined under the where both fish and mammals occur In-water Construction Effects on MMPA. and could affect foraging success. Potential Prey (Fish)—Construction Airborne noise would primarily be an There are no known foraging hotspots activities would produce continuous issue for pinnipeds that are swimming or other ocean bottom structure of (i.e., vibratory pile driving) and pulsed or hauled out near the project site significant biological importance to (i.e. impact driving, DTH) sounds. Fish within the range of noise levels elevated marine mammals present in the marine react to sounds that are especially strong above the acoustic criteria. The known waters of the project area. Therefore, the and/or intermittent low-frequency harbor seal haulouts at CBBT are 9.3 km main impact issue associated with the sounds. Short duration, sharp sounds away from the project area; however, proposed activity would be temporarily can cause overt or subtle changes in fish smaller numbers of harbor seals have elevated sound levels and the associated behavior and local distribution been known to occasionally haul out on direct effects on marine mammals, as (summarized in Popper and Hastings the rocks near the HRBT (Danielle Jones, discussed previously in this document. 2009). Hastings and Popper (2005) Naval Facilities Engineering Command The primary potential acoustic impacts reviewed several studies that suggest Atlantic, pers. comm., April 2019 as to marine mammal habitat are fish may relocate to avoid certain areas cited in the application). associated with elevated sound levels of sound energy. Additional studies We recognize that pinnipeds in the produced by impact, vibratory, and DTH have documented physical and water could be exposed to airborne pile installation in the project area. behavioral effects of pile driving on fish, sound that may result in behavioral Physical impacts to the environment although several are based on studies in harassment when looking with their such as construction debris are unlikely. support of large, multiyear bridge heads above water or when hauled out. In-water pile driving would also cause construction projects (e.g., Scholik and Most likely, airborne sound would short-term effects on water quality due Yan 2001, 2002; Popper and Hastings, cause behavioral responses similar to to increased turbidity. 2009). Sound pulses at received levels those discussed above in relation to of 160 dB may cause subtle changes in In-Water Construction Effects on underwater sound. For instance, fish behavior. SPLs of 180 dB may cause Potential Foraging Habitat noticeable changes in behavior (Pearson anthropogenic sound could cause et al., 1992; Skalski et al., 1992). SPLs hauled out pinnipeds to exhibit changes Pile installation may temporarily of sufficient strength have been known in their normal behavior, such as increase turbidity resulting from to cause injury to fish and fish mortality reduction in vocalizations, or cause suspended sediments. Any increases would be temporary, localized, and (summarized in Popper et al., 2014). them to temporarily abandon the area The most likely impact to fish from minimal. In general, turbidity associated and move further from the source. pile driving activities at the project area with pile installation is localized to Animals that are hauled out would would be temporary behavioral about a 25-foot (7.6 m) radius around likely enter the water and be ‘‘taken’’ avoidance of the area. The duration of the pile (Everitt et al., 1980). Large due to underwater sound above the fish avoidance of this area after pile cetaceans are not expected to be close behavioral harassment thresholds, driving stops is unknown, but a rapid which are in all cases larger than those enough to the project activity areas to return to normal recruitment, associated with airborne sound. Thus, experience effects of turbidity, and any distribution and behavior is anticipated. the behavioral harassment of these small cetaceans and pinnipeds could In general, impacts to marine mammal animals would already accounted for in avoid localized areas of turbidity. prey species are expected to be minor these estimates of potential take. Therefore, the impact from increased and temporary. Therefore, we do not believe that turbidity levels is expected to be In summary, given the relatively small authorization of incidental take discountable to marine mammals. areas being affected, pile driving resulting from airborne sound for Essential Fish Habitat (EFH) for activities associated with the proposed pinnipeds is warranted, and airborne several species or groups of species action are not likely to have a sound is not discussed further here. overlaps with the project area including: permanent, adverse effect on any fish Atlantic herring (Clupea harengus), Marine Mammal Habitat Effects habitat, or populations of fish species. King Mackerel (Scomberomorus Thus, we conclude that impacts of the The area likely impacted by the cavalla), Spanish mackerel specified activity are not likely to have project is relatively small compared to (Scomberomorus maculatus), and black more than short-term adverse effects on the available habitat for all impacted sea bass (Centropristus striata). Use of any prey habitat or populations of prey species and stocks, and does not include soft start procedure and bubble curtains species. Further, any impacts to marine any ESA-designated critical habitat. As (during impact pile driving of 36-in mammal habitat are not expected to previously mentioned, no BIAs overlap steel piles at the Jet Grouting Trestle in result in significant or long-term with the project area. The HRCP’s water depths greater than 20 ft) will consequences for individual marine proposed construction activities would reduce the impacts of underwater mammals, or to contribute to adverse not result in permanent negative acoustic noise to fish from pile driving impacts on their populations. impacts to habitats used directly by activities. Avoidance by potential prey marine mammals, but could have (i.e., fish) of the immediate area due to Estimated Take localized, temporary impacts on marine the temporary loss of this foraging This section provides an estimate of mammal habitat including their prey by habitat is also possible. The duration of the number of incidental takes proposed increasing underwater SPLs and slightly fish avoidance of this area after pile for authorization through this IHA, decreasing water quality. Increased driving stops is unknown, but a rapid which will inform both NMFS’ noise levels may affect acoustic habitat return to normal recruitment, consideration of ‘‘small numbers’’ and (see masking discussion above) and distribution and behavior is anticipated. the negligible impact determinations. adversely affect marine mammal prey in Any behavioral avoidance by fish of the Harassment is the only type of take the vicinity of the project area (see disturbed area would still leave expected to result from these activities. discussion below). During pile driving, significantly large areas of fish and Except with respect to certain activities elevated levels of underwater noise marine mammal foraging habitat in the not pertinent here, section 3(18) of the would ensonify areas near the project nearby vicinity. MMPA defines ‘‘harassment’’ as any act
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16211
of pursuit, torment, or annoyance, Acoustic Thresholds Effects of Anthropogenic Sound on which (i) has the potential to injure a Using the best available science, Marine Mammal Hearing (Version 2.0) marine mammal or marine mammal NMFS has developed acoustic (Technical Guidance, 2018) identifies stock in the wild (Level A harassment); thresholds that identify the received dual criteria to assess auditory injury or (ii) has the potential to disturb a level of underwater sound above which (Level A harassment) to five different marine mammal or marine mammal exposed marine mammals would be marine mammal groups (based on stock in the wild by causing disruption reasonably expected to be behaviorally hearing sensitivity) as a result of of behavioral patterns, including, but harassed (equated to Level B exposure to noise. The technical not limited to, migration, breathing, harassment) or to incur PTS of some guidance identifies the received levels, nursing, breeding, feeding, or sheltering degree (equated to Level A harassment). or thresholds, above which individual (Level B harassment). Level B Harassment—Though marine mammals are predicted to Take of marine mammals incidental significantly driven by received level, experience changes in their hearing to HRCP’s pile driving and removal the onset of behavioral disturbance from sensitivity for all underwater anthropogenic sound sources, and activities could occur by Level A and anthropogenic noise exposure is also reflects the best available science on the Level B harassment, as pile driving has informed to varying degrees by other potential for noise to affect auditory the potential to result in disruption of factors related to the source (e.g., sensitivity by: behavioral patterns for individual frequency, predictability, duty cycle), D Dividing sound sources into two marine mammals. The proposed the environment (e.g., bathymetry), and groups (i.e., impulsive and non- mitigation and monitoring measures are the receiving animals (hearing, impulsive) based on their potential to expected to minimize the severity of motivation, experience, demography, affect hearing sensitivity; such taking to the extent practicable. As behavioral context) and can be difficult D Choosing metrics that best address described previously, no mortality is to predict (Southall et al., 2007, Ellison the impacts of noise on hearing anticipated or proposed for et al., 2012). Based on what the sensitivity, i.e., sound pressure level authorization for this activity. Below we available science indicates and the (peak SPL) and sound exposure level describe how the take is estimated. practical need to use a threshold based on a factor that is both predictable and (SEL) (also accounts for duration of Generally speaking, we estimate take measurable for most activities, NMFS exposure); and by considering: (1) Acoustic thresholds uses a generalized acoustic threshold D Dividing marine mammals into above which NMFS believes the best based on received level to estimate the hearing groups and developing auditory available science indicates marine onset of behavioral harassment. NMFS weighting functions based on the mammals will be behaviorally harassed predicts that marine mammals are likely science supporting that not all marine or incur some degree of permanent to be behaviorally harassed in a manner mammals hear and use sound in the hearing impairment; (2) the area or we consider Level B harassment when same manner. volume of water that will be ensonified exposed to underwater anthropogenic These thresholds were developed by above these levels in a day; (3) the noise above received levels of 120 dB re compiling and synthesizing the best density or occurrence of marine 1 mPa (rms) for continuous (e.g., available science, and are provided in mammals within these ensonified areas; vibratory pile-driving, drilling) and Table 4 below. The references, analysis, and, (4) and the number of days of above 160 dB re 1 mPa (rms) for non- and methodology used in the activities. We note that while these explosive impulsive (e.g., impact pile development of the thresholds are basic factors can contribute to a basic driving seismic airguns) or intermittent described in NMFS 2018 Technical calculation to provide an initial (e.g., scientific sonar) sources. The Guidance, which may be accessed at prediction of takes, additional HRCP’s proposed activities include the https://www.fisheries.noaa.gov/ information that can qualitatively use of continuous, non-impulsive national/marine-mammal-protection/ inform take estimates is also sometimes (vibratory pile driving) and impulsive marine-mammal-acoustic- available (e.g., previous monitoring (impact pile driving; DTH hammer) technicalguidance. HRCP’s proposed results or average group size). Below, we sources and therefore, the 120 and 160 activity includes the use of impulsive describe the factors considered here in dB re 1 mPa (rms) are applicable. (impact pile driving, DTH drilling) and more detail and present the authorized Level A Harassment—NMFS’ non-impulsive (vibratory pile driving) take estimates for each IHA. Technical Guidance for Assessing the sources.
TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT
PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive
Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered.
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16212 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
Ensonified Area This formula neglects loss due to used under conditions where water Here, we describe operational and scattering and absorption, which is depth increases as the receiver moves environmental parameters of the activity assumed to be zero here. The degree to away from the shoreline, resulting in an that will feed into identifying the area which underwater sound propagates expected propagation environment that ensonified above the acoustic away from a sound source is dependent would lie between spherical and thresholds, which include source levels on a variety of factors, most notably the cylindrical spreading loss conditions. water bathymetry and presence or and transmission loss coefficient. Sound Source Levels absence of reflective or absorptive Sound Propagation conditions including in-water structures The intensity of pile driving sounds is Transmission loss (TL) is the decrease and sediments. Spherical spreading greatly influenced by factors such as the in acoustic intensity as an acoustic occurs in a perfectly unobstructed (free- type of piles, hammers, and the physical pressure wave propagates out from a field) environment not limited by depth environment in which the activity takes source. TL parameters vary with or water surface, resulting in a 6 dB place. There are source level frequency, temperature, sea conditions, reduction in sound level for each measurements available for certain pile current, source and receiver depth, doubling of distance from the source types and sizes from the similar water depth, water chemistry, and (20*log(range)). Cylindrical spreading environments recorded from underwater bottom composition and topography. occurs in an environment in which pile driving projects (e.g., CALTRANS The general formula for underwater TL sound propagation is bounded by the 2015) that were used to determine is: water surface and sea bottom, resulting reasonable sound source levels likely TL = B * log10(R1/R2), in a reduction of 3 dB in sound level for result from the HRCP’s pile driving and Where each doubling of distance from the removal activities (Table 5). HRCP has B = transmission loss coefficient (assumed to source (10*log(range)). As is common proposed to employ bubble curtains be 15) practice in coastal waters, here we during impact pile driving of 36-in steel
R1 = the distance of the modeled SPL from assume practical spreading loss (4.5 dB piles at the Jet Grouting Trestle in water the driven pile, and reduction in sound level for each depths greater than 20 ft. Therefore, a
R2 = the distance from the driven pile of the doubling of distance). Practical 7dB reduction of the sound source level initial measurement. spreading is a compromise that is often will be implemented (Table 5).
TABLE 5—PREDICTED SOUND SOURCE LEVELS FOR ALL PILE TYPES
Method and pile type Sound source level at 10 meters Source Vibratory hammer dB rms
42-inch steel pile ...... 168 a City and Borough of Sitka Department of Public Works 2017. 36-inch steel pile ...... 167 b DoN 2015. 24-inch steel pile ...... 161 c DoN 2015. Down-the-hole hammer dB rms dB SEL dB peak
All pile sizes ...... 180 164 190 Denes et al., 2019.
Impact hammer dB rms dB SEL dB peak
36-inch steel pile ...... 193 183 210 Chesapeake Tunnel Joint Venture 2018. 36-inch steel pile, attenuated* ...... 186 176 203 DoN 2015; Chesapeake Tunnel Joint Ven- ture 2018. 54-inch concrete cylinder pile ...... 176 174 192 MacGillivray et al., 2007. 30-inch concrete square pile ...... 176 174 192 MacGillivray et al., 2007. 24-inch concrete square pile ...... 176 166 188 Caltrans, 2015. SEL = sound exposure level; dB peak = peak sound level; rms = root mean square; DoN = Department of the Navy. *SSLs are a 7 dB reduction for the usage of a bubble curtain. a The SPL rms value of 168 dB is within 2 dB of Caltrans (2015) at 170 dB rms for 42-in piles. b The SPL rms value of 167 is within 3 dB of Caltrans (2015) at 170 dB rms; however, the DoN (2015) incorporates a larger dataset and is better suited to this project. c There is no Caltrans (2015) data available for this pile size. Caltrans is 155 dB rms for 12-in pipe pile or 170 dB rms for 36-in steel piles. The value of 161 dB rms has been also used in previous IHAs (e.g., 82 FR 31400, 83 FR 12152, 84 FR 22453, and 84 FR 34134).
During pile driving installation multiple construction sites are active For impact hammering, it is unlikely activities, there may be times when and hammers are used simultaneously. that the two hammers would strike at
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16213
the same exact instant, and therefore, adjusted and its progress is measured. vibratory hammers, the difference the sound source levels will not be When two continuous noise sources, between the two sound source levels adjusted regardless of the distance such as vibratory hammers, have (SSLs) is calculated, and if that between the hammers. For this reason, overlapping sound fields, there is difference is between 0 and 1 dB, 3 dB multiple impact hammering is not potential for higher sound levels than are added to the higher SSL; if discussed further. For simultaneous for non-overlapping sources. When two difference is between 2 or 3 dB, 2 dB are vibratory hammering, the likelihood of or more vibratory hammers are used added to the highest SSL; if the such an occurrence is anticipated to be simultaneously, and the sound field of difference is between 4 to 9 dB, 1 dB is infrequent and would be for short one source encompasses the sound field added to the highest SSL; and with durations on that day. In-water pile of another source, the sources are differences of 10 or more decibels, there installation is an intermittent activity, considered additive and combined is no addition. and it is common for installation to start using the following rules (see Table 6): and stop multiple times as each pile is For addition of two simultaneous
TABLE 6—RULES FOR COMBINING SOUND LEVELS GENERATED DURING PILE INSTALLATION
Hammer types Difference in SSL Level A zones Level B zones
Vibratory, Impact ...... Any ...... Use impact zones ...... Use vibratory zone. Impact, Impact ...... Any ...... Use zones for each pile size and number of Use zone for each pile size. strikes. Vibratory, Vibratory ...... 0 or 1 dB ...... Add 3 dB to the higher source level ...... Add 3 dB to the higher source level. 2 or 3 dB ...... Add 2 dB to the higher source level ...... Add 2 dB to the higher source level. 4 to 9 dB ...... Add 1 dB to the higher source level ...... Add 1 dB to the higher source level. 10 dB or more ...... Add 0 dB to the higher source level ...... Add 0 dB to the higher source level. Source: Modified from USDOT 1995, WSDOT 2018, and NMFS 2018b. Note: dB = decibels; SSL = sound source level.
For simultaneous usage of three or 42-inch diameter steel pipe piles with added to the highest value, or 171 dB in more continuous sound sources, such as SSLs of 161, 167, and 168 dB rms total for the combination of 24-, 36-, and vibratory hammers, the three respectively, the 24- and 36-inch would 42-inch steel pipe piles (NMFS 2018b; overlapping sources with the highest be added together; given that 167¥161 WSDOT 2018). As described in Table 6, SSLs are identified. Of the three highest = 6 dB, then 1 dB is added to the highest decibel addition calculations were SSLs, the lower two are combined using of the two SSLs (167 dB), for a carried out for all possible combinations the above rules, then the combination of combined noise level of 168 dB. Next, of vibratory installation of 24-, 36- and the lower two is combined with the the newly calculated 168 dB is added to 42-inch steel pipe piles throughout the highest of the three. For example, with the 42-inch steel pile with SSL of 168 project area (Table 7). overlapping isopleths from 24-, 36-, and dB. Since 168¥168 = 0 dB, 3 dB is
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16214 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Level A Harassment note that because of some of the will qualitatively address the output assumptions included in the methods where appropriate. For stationary When the NMFS Technical Guidance used for these tools, we anticipate that sources (such as from vibratory pile (2016) was published, in recognition of isopleths produced are typically going driving), NMFS User Spreadsheet the fact that ensonified area/volume to be overestimates of some degree, predicts the closest distance at which, if could be more technically challenging which may result in some degree of a marine mammal remained at that to predict because of the duration overestimate of Level A harassment distance the whole duration of the component in the new thresholds, we take. However, these tools offer the best activity, it would incur PTS. Inputs developed a User Spreadsheet that way to predict appropriate isopleths used in the User Spreadsheet (Tables 8 includes tools to help predict a simple when more sophisticated 3D modeling through 10), and the resulting isopleths isopleth that can be used in conjunction methods are not available, and NMFS are reported below (Table 11). with marine mammal density or continues to develop ways to In the chance that multiple vibratory occurrence to help predict takes. We quantitatively refine these tools, and hammers would be operated
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 EN20MR20.001 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16215
simultaneously, to simplify installed within a day (see Table 8). throughout the day, so that during a 12- implementation of Level A harassment However, it would be unlikely that 6 hour construction shift, there would be zones, the worst-case theoretical sets of 3 piles could be installed in periods of time when 0, 1, 2, 3, or more scenarios were calculated for the longest synchrony, but more likely that hammers would be working. anticipated duration of the largest pile installations of piles would overlap by size (42-in steel pile) that could be a few minutes at the beginning or end,
TABLE 8—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET INPUT TO CALCULATE PTS ISOPLETHS FOR VIBRATORY PILE DRIVING FOR ALL LOCATIONS [User Spreadsheet Input—Vibratory Pile Driving Spreadsheet Tab A.1 Vibratory Pile Driving Used]
36-in 42-in steel piles 42-in steel piles 24-in 36-in steel piles 42-in (multiple hammer (multiple hammer steel piles steel piles (at TBM steel piles event—3 hammers event—2 hammers platform) simultaneously) simultaneously)
Source Level (RMS SPL) ...... 161 167 167 168 173 171 Weighting Factor Adjustment (kHz) ...... 2.5 2.5 2.5 2.5 2.5 2.5 Number of piles within 24-hr period ...... 6 6 2 6 * 6 ** 9 Duration to drive a single pile (min) ...... 30 50 60 30 30 30 Propagation (xLogR) ...... 15 15 15 15 15 15 Distance of source level measurement (meters) ...... 10 10 10 10 10 10 * (3 piles installed simultaneously, 6 piling events) ** (2 piles installed simultaneously, 9 piling events)
TABLE 9—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET INPUT TO CALCULATE PTS ISOPLETHS FOR IMPACT PILE DRIVING FOR THE JET GROUTING TRESTLE WITH AND WITHOUT A BUBBLE CURTAIN [User Spreadsheet Input—Impact Pile Driving Spreadsheet Tab E.1–2 Impact Pile Driving Used for Jet Grouting Trestle]
36-in 36-in steel piles steel piles (attenuated)
Source Level (SEL) ...... 183 *176 Weighting Factor Adjustment (kHz) ...... 2 2 Number of piles within 24-hr period ...... 3 3 Number of strikes per pile ...... 40 40 Propagation (xLogR) ...... 15 15 Distance of source level measurement (meters)∂ ...... 10 10 * The attenuated piles account for a 7dB reduction from the use of a bubble curtain.
TABLE 10—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET INPUT TO CALCULATE PTS ISOPLETHS FOR IMPACT PILE DRIVING AND DTH DRILLING [User Spreadsheet Input—Impact Pile Driving Spreadsheet Tab E.1–2 Impact Pile Driving]
North North Trestle, Willoughby South Island DTH Trestle Bay, and South Trestle test pile program North TBM Conveyor TBM Shore Jet Conveyor Platform Trestle Platform Work Grouting Trestle 36-in 24-in 30-in 54-in 36-in 36-in 36-in Trestle Trestle 36-in steel piles concrete concrete concrete steel piles steel piles steel piles 36-in 36-in steel piles square square cylinder steel piles steel piles
Source Level (SEL)...... 183 166 174 174 183 183 180 180 180 180 Weighting Factor Adjustment (kHz)...... 2 2 2 2 2 2 2 2 2 2 Number of piles within 24-hr period ...... 3 1 1 1 2 3 2 3 3 3 Number of strikes per pile ...... 40 2,100 2,100 2,100 60 40 50,400 50,400 50,400 50,400 Propagation (xLogR)...... 15 15 15 15 15 15 15 15 15 15 Distance of source level measurement (meters) ...... 10 10 10 10 10 10 10 10 10 10
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16216 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
TABLE 11—LEVEL A HARASSMENT ISOPLETHS FOR BOTH VIBRATORY AND IMPACT PILE DRIVING [USER SPREADSHEET OUTPUT]
PTS isopleths (meters) PTS isopleths (km2) Level A harassment Level A harassment Pile Type/Activity Sound source level at 10 m Low- Mid- High- Low- Mid- High- frequency frequency frequency Phocid frequency frequency frequency Phocid cetaceans cetaceans cetaceans cetaceans cetaceans cetaceans
Vibratory Pile Driving
24-in steel pile installation (All Locations) ...... 161 dB SPL ...... 15 2 21 9 <0.01 36-in steel pile installation (All Locations) ...... 167 dB SPL ...... 32 3 47 20 <0.01 36-in steel pile installation (TMB Platform) ..... 167 dB SPL ...... 28 3 41 17 <0.01 42-in steel pile installation (All Locations) ...... 168 dB SPL ...... 42 4 62 26 <0.10
Impact Pile for the Jet Grouting Trestle
36-in steel pile installation ...... 183 dB SEL ...... 243 9 290 130 0.11 <0.01 0.16 <0.10 36-in steel pile installation (attenuated) ...... 176 dB SEL ...... 83 3 99 45 0.014 <0.001 0.20 <0.01
Impact Pile Driving North Trestle
36-in steel pile installation (North Shore Work 183 dB SEL ...... 243 9 290 130 0.19 <0.001 0.26 0.05 Trestle).
Impact Pile Driving for North Trestle, Willoughby Bay, and South Trestle Test Pile Program
24-in concrete square pile installation/removal 166 dB SEL ...... 121 5 144 65 0.05 <0.001 0.07 0.01 30-in concrete square pile installation/removal 174 dB SEL ...... 412 15 490 221 0.53 <0.001 0.75 0.15 54-in concrete square pile installation/removal 174 dB SEL ...... 412 15 490 221 0.53 <0.001 0.75 0.15
Impact Pile Driving for South Island
36-in steel pile installation (TBM Platform) ..... 183 dB SEL ...... 243 9 290 130 0.11 <0.001 0.16 <0.10 36-in steel pile installation (Conveyor Trestle) 183 dB SEL ...... 243 9 290 130 0.11 <0.001 0.16 <0.10
DTH Drilling
36-in steel pile installation (TBM Platform) ..... 180 dB SEL ...... 1,171 42 1,395 627 2.437 <0.01 3.446 0.704 36-in steel pile installation (North Shore Work 180 dB SEL ...... 1,534 55 1,827 821 3.615 <0.01 4.790 1.548 Trestle). 36-in steel pile installation (Jet Grouting Tres- 180 dB SEL ...... 1,534 55 1,827 821 3.615 <0.01 5.908 1.548 tle). 36-in steel pile installation (Conveyor Trestle) 180 dB SEL ...... 1,534 55 1,827 821 3.615 <0.01 5.908 1.548
Multiple Hammers—Vibratory Pile Driving (if occurs) *
42-in steel pile installation (assumes 3 piles 173 dB SPL ...... 89.6 7.9 132.5 54.5 0.025 0.0001 0.055 0.009 installed simultaneously, 6 piling events * 30 minutes each event in a 24-hr period). 42-in steel pile installation (assumes 2 piles 171 dB SPL ...... 86.4 7.7 127.8 52.5 0.023 0.0001 0.051 0.009 installed simultaneously, 9 piling events * 30 minutes each event in a 24-hr period). * SPLs were calculated by decibel addition as presented in Table 6 using the largest pile size (42-in steel piles) and possible combinations of two and three multiple hammer events. Please note: smaller piles may also have multiple hammer events; however, their SPLs would be smaller than the 42-in steel pipe pile scenarios so they are not presented here. The HRCP will be using the largest Level A isopleths calculated regardless of pile size during multiple hammering events.
For multiple hammering of 42-in steel locations for the duration required to Level B Harassment pipe piles with a vibratory hammer on meet these Level A harassment a single day, the calculated Level A thresholds. Additionally, other Utilizing the practical spreading loss harassment isopleth for the functional combinations of pile sizes under model, underwater noise will fall below hearing groups would remain smaller multiple hammering with a vibratory the behavioral effects threshold of 120 than 100 m except for high-frequency hammer would result in Level A and 160 dB rms for marine mammals at cetaceans (i.e., harbor porpoise). The harassment thresholds smaller than 100 the distances shown in Table 12 for Level A harassment isopleth for harbor m. To be precautionary, a shutdown vibratory and impact pile driving, porpoises would be 132.5 m and 127.8 zone of 100 m would be implemented respectively. Table 12 below provides m for the two scenarios (Table 11). It is for all species for each vibratory all Level B harassment radial distances unlikely that a harbor porpoise could hammer on days when it is anticipated (m) and their corresponding areas (km2) accumulate enough sound from the that multiple vibratory hammers will be during HRCP’s proposed activities. installation of multiple piles in multiple used regardless of pile size.
VerDate Sep<11>2014 20:27 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16217
TABLE 12—RADIAL DISTANCES (METERS) TO RELEVANT BEHAVIORAL ISOPLETHS AND ASSOCIATED ENSONIFIED AREAS (SQUARE KILOMETERS (KM2)) USING THE PRACTICAL SPREADING MODEL
Distance to Level B Level B Location and component Method and pile type harassment zone harassment zone (m) (km2)
Vibratory Hammer (Level B Isopleth = 120 dB)
North Trestle
Moorings ...... 42-in steel piles ...... 15,849 96.781 North Shore Work Trestle ...... 36-in steel piles ...... 13,594 85.525 Moorings ...... 24-in steel piles ...... 5,412 25.335
North Island
Moorings ...... 42-in steel piles ...... 15,849 100.937
South Island
TBM Platform ...... 36-in steel piles ...... 13,594 81.799 Conveyor Trestle ...... 36-in steel piles ...... 13,594 81.799 Jet Grouting Trestle ...... 36-in steel piles ...... 13,594 81.799
South Trestle
Moorings ...... 42-in steel piles ...... 15,849 305.343 Moorings ...... 24-in steel piles ...... 5,412 55.874
Willoughby Bay
Moorings ...... 42-in steel piles ...... 15,849 5.517 Moorings ...... 24-in steel piles ...... 5,412 5.517
Down-the-Hole Hammer (Level B Isopleth = 160 dB)
North Shore Work Trestle ...... 36-in steel piles ...... 215 0.145 TBM Platform ...... 36-in steel piles ...... 215 0.087 Jet Grouting Trestle ...... 36-in steel piles ...... 215 0.087 Conveyor Trestle ...... 36-in steel piles ...... 215 0.087
Impact Hammer (Level B Isopleth = 160 dB)
North Trestle
North Shore Work Trestle ...... 36-in steel piles ...... 1,585 3.806
South Island
TBM Platform ...... 36-in steel piles ...... 1,585 0.087 Conveyor Trestle ...... 36-in steel piles ...... 1,585 0.087 Jet Grouting Trestle with Bubble Curtain ...... 36-in steel piles ...... * 541 * 0.012
North Trestle, South Trestle, Willoughby Bay
Test Pile Program ...... 54-in concrete cylinder piles ...... 117 0.04 Test Pile Program ...... 30-in concrete square piles ...... 117 0.04 Test Pile Program ...... 24-in concrete square piles ...... 117 0.04 dB = decibels; km2 = square kilometers; TBM = Tunnel Boring Machine. * Values smaller than other 36-in steel piles due to usage of a bubble curtain, resulting in a 7 dB reduction in dB rms, dB peak, and dB SEL.
In some cases, particularly during noise levels over a certain period of time Level B harassment zone for decibel DTH drilling and the test pile program, that would likely lead to PTS. levels resulting from the simultaneous the calculated Level A harassment When multiple vibratory hammers are installation of piles with multiple isopleths are larger than the Level B used simultaneously, the calculated vibratory hammers using the data harassment zones. This has occurred Level B harassment zones would be provided in Table 7. However, the due to the conservative assumptions larger than the Level B harassment actual monitoring zones applied during going into calculation of the Level A zones reported in above in Table 12 multiple vibratory hammer use are harassment isopleths. Animals will depending on the combination of sound discussed in the Proposed Monitoring most likely respond behaviorally before sources due to decibel addition of and Reporting section. they are injured, especially at greater multiple vibratory hammers as distances and unlikely to accumulate discussed earlier (see Table 7). Table 13 shows the calculated distances to the
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16218 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
TABLE 13—CALCULATED DISTANCES species within the project vicinity are Bottlenose Dolphin TO LEVEL B HARASSMENT ZONES not available. Humpback whale sighting The expected number of bottlenose FOR MULTIPLE HAMMER ADDITIONS data collected by the U.S. Navy near Naval Station Norfolk and Virginia dolphins in the project area was Distance to Level Beach from 2012 to 2015 (Engelhaupt et estimated using daily sighting rates of Combined SSL marine mammals from vessel line- (dB) B harassment al. 2014, 2015, 2016) and in the mid- zone (m) Atlantic (including the Chesapeake Bay) transect surveys near Naval Station from 2015 to 2018 (Aschettino et al. Norfolk and adjacent areas near Virginia 163 ...... 7,356 2015, 2016, 2017a, 2018) did not Beach, Virginia, from August 2012 164 ...... 8,577 produce large enough sample sizes to through August 2015 (Engelhaupt et al., 165 ...... 10,000 2016). Many of the data from the 166 ...... 11,659 calculate densities, or survey data were 167 ...... 13,594 not collected during systematic line- Engelhaupt et al. (2016) study were 168 ...... 15,849 transect surveys. Humpback whale collected from the coastal region outside 169 ...... 18,478 densities have been calculated for Chesapeake Bay, where bottlenose 170 ...... 21,544 populations off the coast of New Jersey, dolphin numbers are greater than in the 171 ...... 25,119 resulting in a density estimate of project area. For this analysis, only 172 ...... 29,286 0.000130 animals per square kilometer bottlenose dolphin sightings located 173 ...... 34,145 or one humpback whale within the area west of 76°10′ (76.16667°) were used, Note: dB = decibels; SSL = sound source on any given day of the year (Whitt et which includes the largest area that level. al., 2015), which may be similar to the could be ensonified by project-related density of whales in the project area. noise. Sighting rates (number of Marine Mammal Occurrence and Take Aschettino et al. (2018) observed and dolphins per day) were determined for Calculation and Estimation tracked two individual humpback each of the four seasons (Table 14). The In this section, we provide the whales in the Hampton Roads area of number of sightings per season ranged information about the presence, density, the project area (Movebank, 2019). The from 5 in spring to 24 in fall; no or group dynamics of marine mammals HRCP is estimating up to two whales bottlenose dolphins were sighted in the that will inform the take calculations. may be exposed to project-related noise winter months. Bottlenose dolphin Potential exposures to impact and every two months. Pile installation/ abundance was highest in the fall, with vibratory pile driving and removal for removal is expected to occur over a 12- 24 sightings representing 245 each acoustic threshold were estimated month period; therefore, a total of 12 individuals, followed by the spring (n = using local observational data. Take by instances of take by Level B harassment 156), and summer (n = 115). Therefore, Level A and B harassment is proposed of humpback whales is proposed. Due to the average daily sighting rate of for authorization. the low occurrence of humpback whales bottlenose dolphins across spring, and because large whales are easier to summer, and fall were averaged to Humpback whales sight from a distance, we do not estimate that 20.33 bottlenose dolphins Humpback whales are more rare in anticipate or propose take of humpback per day potentially could be exposed to the project area and density data for this whales by Level A harassment. project-related noise (Table 14).
TABLE 14—AVERAGE DAILY SIGHTING RATES OF BOTTLENOSE DOLPHINS WITHIN THE PROJECT AREA
Number of Average number Season sightings per of dolphins season sighted per day
Spring, March–May ...... 5 17.33 Summer, June–August ...... 14 16.43 Fall, September–November ...... 24 27.22 Winter, December–February ...... 0 0.00 Average Dolphins: Spring, Summer, and Fall ...... 20.33 Source: Engelhaupt et al., 2016.
The number of days of pile monitor the Level A harassment zones, from November 2014 through May 2018 installation is estimated to be 312 days. we do not anticipate take by Level A (Rees et al., 2016; Jones et al., 2018). Therefore, the instances of take by Level harassment of bottlenose dolphins. The number of harbor seals sighted by B harassment proposed for this activity Harbor Seals month from 2014 through 2018, in the is 6,343 for bottlenose dolphins (20.33 Chesapeake Bay waters, near the project bottlenose dolphins per day multiplied The expected number of harbor seals area, ranged from 0 to 170 individuals by 312 days). Because the Level A in the project area was estimated using (Table 15). Harbor seals are not expected harassment zones are relatively small (a systematic, land- and vessel-based to be present in the Chesapeake Bay 55-m isopleth is the largest during DTH survey data for in-water and hauled-out during the months of June through drilling of 36-in piles) and we believe seals collected by the U.S. Navy at the October (Table 15 and Table 16). the PSO will be able to effectively CBBT rock armor and portal islands
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16219
TABLE 15—SUMMARY OF HISTORICAL HARBOR SEAL SIGHTINGS BY MONTH FROM 2014 TO 2018
Number of individual harbor seals Monthly Month 2014 2015 2016 2017 2018 average
January ...... 33 120 170 107.7 February ...... 39 80 106 159 96 March ...... 55 61 41 0 39.3 April ...... 10 1 3 3 4.3 May ...... 3 0 0 0 0.8
June ...... Seals not expected to be present. 0 July ...... Seals not expected to be present. 0 August ...... Seals not expected to be present. 0 September ...... Seals not expected to be present. 0 October ...... Seals not expected to be present. 0
November ...... 1 0 1 0 ...... 0.5 December ...... 4 9 24 8 ...... 11.3 Source: Rees et al., 2016; Jones et al., 2018. Note: Seal counts began in November 2014 and were collected for four field seasons (2014/2015, 2015/2016, 2016/2017, and 2017/2018) ending in May 2018. In January 2015, no surveys were conducted.
TABLE 16—AVERAGE NUMBER OF INDIVIDUAL HARBOR SEAL SIGHTINGS SUMMARIZED BY SEASON
Average number Season of individuals per season
Spring (March–May) ...... 45 Summer (June–August) ...... 0 Fall (September–November) ...... 1 Winter (December–February) ...... 215 Total Harbor Seals Per Year ...... 261 Note: Data presented is from Table 15.
Using the above data, the total haulouts will approach the project area any in-air harassment takes for harbor instances of take by Level B harassment within 821 m of pile installation and seals. for harbor seals is 261. The largest Level potentially incur Level A harassment. Gray Seals A harassment isopleth calculated from On approximately 21 percent of the pile DTH drilling of 36-in steel pipe piles for driving days, the calculated Level A The expected number of gray seals in harbor seals is 821 meters (Table 11). harassment zone would exceed the size the project area was estimated using The area of this Level A harassment of the calculated Level B harassment systematic, land- and vessel-based 2 zone is 1.55 km , which is larger than zone during DTH drilling. To account survey data for in-water and hauled-out the area of the Level B harassment zone for any seals that may haul out on the seals collected by the U.S. Navy at the 2 (0.015 km ). The known harbor seal rocks near HRBT, particularly during CBBT rock armor and portal islands haulouts at CBBT are 9.3 km away from DTH drilling, HRCP requests 55 from 2014 through 2018 (Rees et al., the project area; however, smaller 2016; Jones et al., 2018). Seasonal instances of take by Level A harassment numbers of harbor seals have been numbers of gray seals in the Chesapeake of harbor seals as part of the 261 total known to occasionally haul out on the Bay waters in the vicinity of the project rocks near the HRBT (Danielle Jones, instances of take requested. If any seals area in previous years have been low Naval Facilities Engineering Command are hauled out on rocks near the HRBT, (Table 17). Gray seals are not expected Atlantic, pers. comm., April 2019 as it is likely they will enter the water and to be present in the Chesapeake Bay cited in the application). It is unlikely be taken from Level B harassment in- during the months of June through that harbor seals using the CBBT water. Therefore, we are not proposing October (Table 17 and Table 18).
TABLE 17—SUMMARY OF HISTORICAL GRAY SEAL SIGHTINGS BY MONTH FROM 2014 TO 2018
Number of individual gray seals Monthly Month 2014 2015 2016 2017 2018 average
January ...... 0 0 0 0 0 February ...... 1 1 0 1 0.8 March ...... 0 0 0 0 0 April ...... 0 0 0 0 0 May ...... 0 0 0 0 0
June ...... Seals not expected to be present. 0
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16220 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
TABLE 17—SUMMARY OF HISTORICAL GRAY SEAL SIGHTINGS BY MONTH FROM 2014 TO 2018—Continued
Number of individual gray seals Monthly Month 2014 2015 2016 2017 2018 average
July ...... Seals not expected to be present. 0 August ...... Seals not expected to be present. 0 September ...... Seals not expected to be present. 0 October ...... Seals not expected to be present. 0
November ...... 0 0 0 0 ...... 0 December ...... 0 0 0 0 ...... 0 Source: Rees et al., 2016; Jones et al., 2018.
TABLE 18—AVERAGE NUMBER OF INDIVIDUAL GRAY SEAL SIGHTINGS SUMMARIZED BY SEASON
Average number Season of individuals per season
Spring (March–May) ...... 0 Summer (June–August) ...... 0 Fall (September–November) ...... 0 Winter (December–February) ...... 1 Note: Data generated from Table 17.
Gray seals are expected to be very species within the Project vicinity do which is larger than the area of the uncommon in the project area. The not exist or were not calculated because Level B harassment zone (0.015 km2). historical data indicate that sample sizes were too small to produce Because of this disparity in sizes of the approximately one gray seal has been reliable estimates of density. Harbor calculated zones, and because harbor seen per year. To be conservative, HRCP porpoise sighting data collected by the porpoises are relatively difficult to requests three instances of take by Level U.S. Navy near Naval Station Norfolk observe, it is possible they may occur B harassment of gray seals during each and Virginia Beach from 2012 to 2015 within the calculated Level A winter month (December through (Engelhaupt et al., 2014; 2015; 2016) did harassment zone without detection. As February). Therefore, HRCP estimate not produce enough sightings to such, HRCP requests a small number of that nine instances of take by Level B calculate densities. One group of two takes by Level A harassment for harbor harassment of gray seals could occur harbor porpoises was seen during spring porpoises during the project. On (three gray seals per month multiple by 2015 (Engelhaupt et al., 2016). Based on approximately 21 percent of the pile three months = nine gray seals). Because this data, it estimated that one group of driving days, the calculated Level A of the unlikely to low occurrence of gray two harbor porpoises could be exposed harassment zone would exceed the size seals in the project area, we do not to project-related in-water noise each of the calculated Level B harassment anticipate take by Level A harassment of month during the spring (March–May) zone during DTH drilling. It is gray seals. for a total of 6 instances of take by Level anticipated that two harbor porpoises B harassment (i.e., one group of two may enter the calculated Level A Harbor Porpoise individuals per month multiplied by harassment zone during this time. Harbor porpoises are known to occur three months = six harbor porpoises). Therefore, we propose to authorize a in the coastal waters near Virginia The largest calculated Level A total of 2 instances of take by Level A Beach (Hayes et al. 2019), and although harassment isopleth for high frequency harassment. they have been reported on rare cetaceans (i.e., harbor porpoises) Table 19 below summarizes the occasions in the Chesapeake Bay, closer extends 1,827 m during DTH drilling of proposed authorized take for all the to Norfolk, they are rarely seen in the 36-in steel pipe piles. The area of this species described above as a percentage project area. Density data for this Level A harassment zone is 5.9 km2, of stock abundance.
TABLE 19—PROPOSED TAKE BY LEVEL A AND B HARASSMENT AND AS A PERCENTAGE OF STOCK ABUNDANCE
Total Takes Species Stock Proposed Proposed proposed for Percentage of stock Level A takes Level B takes authorization
Humpback whale ..... Gulf of Maine ...... 0 12 12 Less than 2 percent. Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 2 4 6 Less than 1 percent. Bottlenose dolphin ... WNA Coastal, Northern Migratory a ...... 0 3,063 3,063 46.13. WNA Coastal, Southern Migratory a ...... 0 3,063 3,063 81.66. NNCES a ...... 0 216 216 26.25. Harbor seal ...... Western North Atlantic ...... 55 206 261 Less than 1 percent. Gray seal ...... Western North Atlantic ...... 0 9 9 Less than 1 percent. a Take estimates are weighted based on calculated percentages of population for each distinct stock, assuming animals present would follow same probability of presence in project area.
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16221
Proposed Mitigation Shutdown Zone for In-Water Heavy impact pile driving and at any time Machinery Work following cessation of impact pile In order to issue an IHA under driving for a period of thirty minutes or Section 101(a)(5)(D) of the MMPA, For in-water heavy machinery work other than pile driving, if a marine longer. NMFS must set forth the permissible mammal comes within 10 m of such methods of taking pursuant to such Non-Authorized Take Prohibited operations, operations shall cease and activity, and other means of effecting If a species enters or approaches the vessels shall reduce speed to the Level B harassment zone and that the least practicable impact on such minimum level required to maintain species is either not authorized for take species or stock and its habitat, paying steerage and safe working conditions. particular attention to rookeries, mating or its authorized takes are met, pile grounds, and areas of similar Shutdown Zones driving and removal activities must shut significance, and on the availability of For all pile driving activities, HRCP down immediately using delay and such species or stock for taking for will establish shutdown zones for a shutdown procedures. Activities must certain subsistence uses (latter not marine mammal species which not resume until the animal has been applicable for this action). NMFS correspond to the Level A harassment confirmed to have left the area or an regulations require applicants for zones (see Table 11). The purpose of a observation time period of 15 minutes incidental take authorizations to include shutdown zone is generally to define an has elapsed. information about the availability and area within which shutdown of the Based on our evaluation of the feasibility (economic and technological) activity would occur upon sighting of a HRCP’s proposed measures, NMFS has of equipment, methods, and manner of marine mammal (or in anticipation of an determined that the proposed mitigation conducting such activity or other means animal entering the defined area). HRCP measures provide the means effecting the least practicable impact on the of effecting the least practicable adverse will maintain a minimum 10 m affected species or stocks and their impact upon the affected species or shutdown zones for all pile driving habitat, paying particular attention to stocks and their habitat (50 CFR activities where the calculated Level A rookeries, mating grounds, and areas of 216.104(a)(11)). harassment zone is less than 10 m as described in Table 11. similar significance. In evaluating how mitigation may or If multiple vibratory hammering Proposed Monitoring and Reporting may not be appropriate to ensure the occurs, a shutdown zone of 100 m least practicable adverse impact on would be implemented for all species In order to issue an IHA for an species or stocks and their habitat, as for each vibratory hammer on days activity, Section 101(a)(5)(D) of the well as subsistence uses where when it is anticipated that multiple MMPA states that NMFS must set forth applicable, we carefully consider two vibratory hammers will be used requirements pertaining to the primary factors: regardless of pile size. monitoring and reporting of such taking. The MMPA implementing regulations at (1) The manner in which, and the Bubble Curtain 50 CFR 216.104 (a)(13) indicate that degree to which, the successful requests for authorizations must include implementation of the measure(s) is HRCP would use an air bubble curtain the suggested means of accomplishing expected to reduce impacts to marine system during impact pile driving of 36- in steel pipe piles for the Jet Grouting the necessary monitoring and reporting mammals, marine mammal species or Trestle. Bubble curtains would meet the that will result in increased knowledge stocks, and their habitat. This considers following requirements: The bubble of the species and of the level of taking the nature of the potential adverse curtain must distribute air bubbles or impacts on populations of marine impact being mitigated (likelihood, around 100 percent of the piling mammals that are expected to be scope, range). It further considers the perimeter for the full depth of the water present in the proposed action area. likelihood that the measure will be column. The lowest bubble ring must be Effective reporting is critical both to effective if implemented (probability of in contact with the mudline and/or rock compliance as well as ensuring that the accomplishing the mitigating result if bottom for the full circumference of the most value is obtained from the required implemented as proposed), the ring, and the weights attached to the monitoring. likelihood of effective implementation bottom ring shall ensure 100 percent Monitoring and reporting (probability implemented as proposed), mudline and/or rock bottom contact. No requirements prescribed by NMFS and; parts of the ring or other objects shall should contribute to improved (2) the practicability of the measures prevent full mudline and/or rock bottom understanding of one or more of the for applicant implementation, which contact. The bubble curtain must be following: may consider such things as cost, operated such that there is proper D Occurrence of marine mammal impact on operations, and, in the case (equal) balancing of air flow to all species or stocks in the area in which of a military readiness activity, bubblers. HRCP would employ the take is anticipated (e.g., presence, personnel safety, practicality of bubble curtain during impact pile abundance, distribution, density); implementation, and impact on the driving of all steel piles in water depths D Nature, scope, or context of likely effectiveness of the military readiness greater than 6 m (20 ft) at the Jet marine mammal exposure to potential activity. Grouting Trestle. stressors/impacts (individual or cumulative, acute or chronic), through The following mitigation measures are Soft Start better understanding of: (1) Action or included in the proposed IHAs: HRCP would use soft start techniques environment (e.g., source Timing Restrictions when impact pile driving. Soft start characterization, propagation, ambient requires contractors to provide an initial noise); (2) affected species (e.g., life All work will be conducted during set of strikes at reduced energy, history, dive patterns); (3) co-occurrence conditions of good visibility. If poor followed by a thirty-second waiting of marine mammal species with the environmental conditions restrict full period, then two subsequent reduced action; or (4) biological or behavioral visibility of the shutdown zone, pile energy strike sets. A soft start would be context of exposure (e.g., age, calving or installation would be delayed. implemented at the start of each day’s feeding areas);
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16222 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
D Individual marine mammal proposed activities on species and their However, the Level B harassment zones responses (behavioral or physiological) behavioral responses. If the entire Level resulting from simultaneous use of to acoustic stressors (acute, chronic, or B harassment zone is not visible, Level multiple vibratory hammers are cumulative), other stressors, or B harassment takes will be extrapolated truncated in nearly all directions by the cumulative impacts from multiple based upon the number of observed mainland and islands, which prevent stressors; takes and the percentage of the Level B propagation of sound beyond the D How anticipated responses to harassment zone that is not visible. confines of a core area (see Figure 11– stressors impact either: (1) Long-term 1 (area outlined in red) of the Multiple Hammer Level B Harassment fitness and survival of individual application). The largest ensonified Zones marine mammals; or (2) populations, radii extend to the south into the James species, or stocks; Due to the likelihood of multiple and Nansemond rivers, areas where D Effects on marine mammal habitat active construction sites across the marine mammal abundance is (e.g., marine mammal prey species, project area, it is possible that multiple anticipated to be low and approaching acoustic habitat, or other important vibratory hammers with overlapping zero. Therefore, HRCP will monitor a physical components of marine sound fields may be in operation core area, called the Core Monitoring mammal habitat); and simultaneously during certain times Area, during times when two or more D Mitigation and monitoring throughout the duration of the Project. vibratory hammers are simultaneously effectiveness. As described in the Estimated Take active at the other three project section, the decibel addition of Pre-Activity Monitoring construction sites (North Trestle, North continuous noise sources results in Shore, South Island). The Core Prior to the start of daily in-water much larger zone sizes than a single Monitoring Area would encompass the construction activity, or whenever a vibratory hammer. Decibel addition is area between the two bridge/tunnels, break in pile driving of 30 min or longer not a consideration when sound fields with observers positioned at key areas to occurs, PSOs will observe the shutdown do not overlap. Willoughby Bay is monitor the geographic area between the and monitoring zones for a period of 30 largely surrounded by land, and sound bridges (see Figure 11–1 (area outlined min. The shutdown zone will be cleared will be prevented from propagating to in red) of the application). Depending when a marine mammal has not been other project construction sites (see on placement, the observers will be able observed within the zone for that 30- Figure 1–1 and Figure 6–1 of the to view west/southwest towards Batten min period. If a marine mammal is application). Therefore, Willoughby Bay Bay and the mouth of the Nansemond observed within the shutdown zone, will be treated as an independent site River. Marine mammals transiting the pile driving activities will not begin with its own sound isopleths and area will be located and identified as until the animal has left the shutdown observer requirements when they move in and out of the Chesapeake zone or has not been observed for 15 construction is taking place within the Bay. min. If the Level B harassment zone (i.e., bay. Willoughby Bay is relatively small the monitoring zone) has been observed and will be monitored from the Visual Monitoring for 30 min and no marine mammals (for construction site by a single observer. Monitoring would be conducted 30 which take has not been authorized) are Additionally, the South Trestle is the minutes before, during, and 30 minutes present within the zone, work can only site where the sound will after all pile driving/removal activities. continue even if visibility becomes propagate into Chesapeake Bay (see In addition, PSOs shall record all impaired within the monitoring zone. Figure 6–1 of the application). Sound incidents of marine mammal When a marine mammal permitted for from other construction sites will not occurrence, regardless of distance from Level B harassment take has been overlap with South Trestle and will not activity, and shall document any permitted is present in the monitoring propagate into Chesapeake Bay. behavioral reactions in concert with zone, piling activities may begin and Therefore, the South Trestle also will be distance from piles being driven/ Level B harassment take will be treated as an independent site with its removed. Pile driving/removal activities recorded. own sound isopleths and observer include the time to install, remove a requirements when construction is single pile or series of piles, as long as Monitoring Zones taking place. When the South Trestle the time elapsed between uses of the The HRCP will establish monitoring site is active, an observer will be pile driving equipment is no more than zones for Level B harassment as positioned on land to view as much of thirty minutes. presented in Table 12. The monitoring the Level B harassment zone as possible. Monitoring will be conducted by zones for this project are areas where If the entire Level B harassment zone is PSOs from land. The number of PSOs SPLs are equal to or exceed 120 dB rms not visible, Level B harassment takes will vary from one or more, depending (for vibratory pile driving/removal) or will be extrapolated based upon the on the type of pile driving, method of 160 dB rms (for impact pile driving and number of observed takes and the pile driving and size of pile, all of DTH drilling). These zones provide percentage of the Level B harassment which determines the size of the utility for monitoring conducted for zone that is not visible. harassment zones. Monitoring locations mitigation purposes (i.e., shutdown If two or more vibratory hammers at will be selected to provide an zone monitoring) by establishing the other three project sites (North unobstructed view of all water within monitoring protocols for areas adjacent Trestle, North Shore, South Island) are the shutdown zone and as much of the to the shutdown zones. Monitoring of installing piles, there is potential for the Level B harassment zone as possible for the Level B harassment zones enables sound fields to overlap when pile driving activities. Monitoring observers to be aware of and installation occurs simultaneously. If locations may vary based on communicate the presence of marine two piles that are 36-in or larger in construction activity and location of mammals in the project area, and thus diameter are simultaneously installed piles or equipment. prepare for potential shutdowns of with vibratory hammers, the Level B In addition, PSOs will work in shifts activity. The HRCP will also be Harassment zone can extend up to a 25 lasting no longer than 4 hours with at gathering information to help better km radius to the southwest (see Figure least a 1-hour break between shifts, and understand the impacts of their 6–1, 171 dB isopleth of the application). will not perform duties as a PSO for
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16223
more than 12 hours in a 24-hour period Reporting of Injured or Dead Marine estimated time spent within the Level A (to reduce PSO fatigue). Mammals and Level B harassment zones while the Monitoring of pile driving shall be In the event that personnel involved source was active; D Number of individuals of each conducted by qualified, NMFS- in the construction activities discover species (differentiated by month as approved PSOs, who shall have no other an injured or dead marine mammal, appropriate) detected within the assigned tasks during monitoring HRCP shall report the incident to the monitoring zone, and estimates of periods. The HRCP shall adhere to the Office of Protected Resources (OPR), number of marine mammals taken, by following conditions when selecting NMFS and to the Greater Atlantic PSOs: species (a correction factor may be Region New England/Mid-Atlantic applied to total take numbers, as D Independent PSOs shall be used Regional Stranding Coordinator as soon (i.e., not construction personnel); appropriate); as feasible. The report must include the D Detailed information about any D At least one PSO must have prior following information: experience working as a marine implementation of any mitigation D Time, date, and location (latitude/ triggered (e.g., shutdowns and delays), a mammal observer during construction longitude) of the first discovery (and activities; description of specific actions that updated location information if known ensued, and resulting behavior of the D Other PSOs may substitute and applicable); education (degree in biological science animal, if any; D Species identification (if known) or D Description of attempts to or related field) or training for description of the animal(s) involved; distinguish between the number of experience; D Condition of the animal(s) individual animals taken and the D Where a team of three or more PSOs (including carcass condition if the number of incidences of take, such as are required, a lead observer or animal is dead); ability to track groups or individuals; monitoring coordinator shall be D Observed behaviors of the D An extrapolation of the estimated designated. The lead observer must have animal(s), if alive; takes by Level B harassment based on prior experience working as a marine D If available, photographs or video the number of observed exposures mammal observer during construction; footage of the animal(s); and within the Level B harassment zone and and D General circumstances under which the percentage of the Level B D The HRCP shall submit PSO CVs for the animal was discovered. harassment zone that was not visible; approval by NMFS for all observers Final Report and prior to monitoring. The HRCP shall D Submit all PSO datasheets and/or ensure that the PSOs have the following The HRCP shall submit a draft report raw sighting data (in a separate file from additional qualifications: to NMFS no later than 90 days following the Final Report referenced immediately D Visual acuity in both eyes the end of construction activities or 60 above). (correction is permissible) sufficient for days prior to the issuance of any discernment of moving targets at the subsequent IHA for the project. PSO Negligible Impact Analysis and water’s surface with ability to estimate datasheets/raw sightings data would be Determination target size and distance; use of required to be submitted with the NMFS has defined negligible impact binoculars may be necessary to correctly reports. The HRCP shall provide a final as an impact resulting from the identify the target; report within 30 days following specified activity that cannot be D Experience and ability to conduct resolution of NMFS’ comments on the reasonably expected to, and is not field observations and collect data draft report. Reports shall contain, at reasonably likely to, adversely affect the according to assigned protocols; minimum, the following: species or stock through effects on D Experience or training in the field D Dates and times (begin and end) of annual rates of recruitment or survival identification of marine mammals, all marine mammal monitoring; (50 CFR 216.103). A negligible impact including the identification of D Construction activities occurring finding is based on the lack of likely behaviors; during each daily observation period, adverse effects on annual rates of D Sufficient training, orientation, or including how many and what type of recruitment or survival (i.e., population- experience with the construction piles were driven or removed and by level effects). An estimate of the number operation to provide for personal safety what method (i.e., impact or vibratory); of takes alone is not enough information during observations; D Weather parameters and water on which to base an impact D Writing skills sufficient to prepare a conditions during each monitoring determination. In addition to report of observations including but not period (e.g., wind speed, percent cover, considering estimates of the number of limited to the number and species of visibility, sea state); marine mammals that might be ‘‘taken’’ marine mammals observed; dates and D The number of marine mammals through harassment, NMFS considers times when in-water construction observed, by species, relative to the pile other factors, such as the likely nature activities were conducted; dates, times, location and if pile driving or removal of any responses (e.g., intensity, and reason for implementation of was occurring at time of sighting; duration), the context of any responses mitigation (or why mitigation was not D Age and sex class, if possible, of all (e.g., critical reproductive time or implemented when required); and marine mammals observed; location, migration), as well as effects marine mammal behavior; D PSO locations during marine on habitat, and the likely effectiveness D Ability to communicate orally, by mammal monitoring; of the mitigation. We also assess the radio or in person, with project D Distances and bearings of each number, intensity, and context of personnel to provide real-time marine mammal observed to the pile estimated takes by evaluating this information on marine mammals being driven or removed for each information relative to population observed in the area as necessary; and sighting (if pile driving or removal was status. Consistent with the 1989 D Sufficient training, orientation, or occurring at time of sighting); preamble for NMFS’s implementing experience with the construction D Description of any marine mammal regulations (54 FR 40338; September 29, operations to provide for personal safety behavior patterns during observation, 1989), the impacts from other past and during observations. including direction of travel and ongoing anthropogenic activities are
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16224 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
incorporated into this analysis via their will likely be limited to reactions such permanently modify existing marine impacts on the environmental baseline as increased swimming speeds, mammal habitat. The activities may (e.g., as reflected in the regulatory status increased surfacing time, or decreased cause some fish to leave the area of of the species, population size and foraging (if such activity were occurring) disturbance, thus temporarily impacting growth rate where known, ongoing (e.g., Thorson and Reyff 2006). marine mammal foraging opportunities sources of human-caused mortality, or Individual animals, even if taken in a limited portion of the foraging ambient noise levels). multiple times, will most likely move range. However, because of the Pile driving activities associated with away from the sound source and be relatively small area of the habitat that the proposed HRCP project, as outlined temporarily displaced from the areas of may be affected, the impacts to marine previously, have the potential to disturb pile driving, although even this reaction mammal habitat are not expected to or displace marine mammals. The has been observed primarily only in cause significant or long-term negative specified activities may result in take, in association with impact pile driving. consequences. the form of Level B harassment The pile driving activities analyzed here In summary and as described above, (behavioral disturbance) or Level A are similar to, or less impactful than, the following factors primarily support harassment (auditory injury), incidental numerous other construction activities our preliminary determination that the to underwater sounds generated from conducted along both Atlantic and impacts resulting from this activity are pile driving. Potential takes could occur Pacific coasts, which have taken place not expected to adversely affect the if individuals are present in the with no known long-term adverse species or stock through effects on ensonified zone when pile driving consequences from behavioral annual rates of recruitment or survival: occurs. Level A harassment is only harassment. Furthermore, many projects • No mortality is anticipated or anticipated and proposed for harbor similar to this one are also believed to authorized; porpoises and harbor seals. result in multiple takes of individual • Limited Level A harassment No serious injury or mortality is animals without any documented long- exposures (harbor porpoises and harbor anticipated given the nature of the term adverse effects. Level B harassment seals) are anticipated; activities and measures designed to will be minimized through use of • The anticipated incidents of Level B minimize the possibility of injury to mitigation measures described herein harassment consist of, at worst, marine mammals. The potential for and, if sound produced by project temporary modifications in behavior these outcomes is minimized through activities is sufficiently disturbing, that would not result in fitness impacts the construction method and the animals are likely to simply avoid the to individuals; implementation of the proposed area while the activity is occurring. • The specified activity and mitigation measures. When impact pile In addition to the expected effects associated ensonifed areas are very driving is used, implementation of resulting from authorized Level B small relative to the overall habitat bubble curtains (during 36-in steel piles harassment, we anticipate that small ranges of all species and does not at the Jet Grouting Trestle in water numbers of harbor porpoises and harbor include habitat areas of special depths greater than 20 ft), soft start and seals may enter the Level A harassment significance (BIAs or ESA-designated shutdown zones significantly reduce the zones undetected, particularly during critical habitat); and possibility of injury. Given sufficient times of DTH drilling when the Level A • The presumed efficacy of the notice through use of soft starts (for harassment zones are large. It is unlikely proposed mitigation measures in impact driving), marine mammals are that the animals would remain in the reducing the effects of the specified expected to move away from a sound area long enough for PTS to occur. If activity. source that is annoying prior to it any animals did experience PTS, it Based on the analysis contained becoming potentially injurious. would likely only receive slight PTS, i.e. herein of the likely effects of the HRCP will use qualified PSOs minor degradation of hearing specified activity on marine mammals stationed strategically to increase capabilities within regions of hearing and their habitat, and taking into detectability of marine mammals, that align most completely with the consideration the implementation of the enabling a high rate of success in energy produced by pile driving (i.e., proposed monitoring and mitigation implementation of shutdowns to avoid the low-frequency region below 2 kHz), measures, NMFS preliminarily finds injury for most species. PSOs will be not severe hearing impairment or that the total marine mammal take from stationed to provide a relatively clear impairment in the regions of greatest the proposed activity will have a view of the shutdown zones and hearing sensitivity. If hearing negligible impact on all affected marine monitoring zones. These factors will impairment occurs, it is most likely that mammal species or stocks. limit exposure of animals to noise levels the affected animal’s threshold would Small Numbers that could result in injury. increase by a few dBs, which is not HRCP’s proposed pile driving likely to meaningfully affect its ability As noted above, only small numbers activities are highly localized. Only a to forage and communicate with of incidental take may be authorized relatively small portion of the conspecifics. As described above, we under Sections 101(a)(5)(A) and (D) of Chesapeake Bay may be affected. expect that marine mammals would be the MMPA for specified activities other Localized noise exposures produced by likely to move away from a sound than military readiness activities. The project activities may cause short-term source that represents an aversive MMPA does not define small numbers behavioral modifications in affected stimulus, especially at levels that would and so, in practice, where estimated cetaceans and pinnipeds Moreover, the be expected to result in PTS, given numbers are available, NMFS compares proposed mitigation and monitoring sufficient notice through use of soft the number of individuals taken to the measures are expected to further reduce start. most appropriate estimation of the likelihood of injury as well as The project is not expected to have abundance of the relevant species or reduce behavioral disturbances. significant adverse effects on marine stock in our determination of whether Effects on individuals that are taken mammal habitat. No important feeding an authorization is limited to small by Level B harassment, on the basis of and/or reproductive areas for marine numbers of marine mammals. reports in the literature as well as mammals are known to be near the Additionally, other qualitative factors monitoring from other similar activities, project area. Project activities would not may be considered in the analysis, such
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices 16225
as the temporal or spatial scale of the including the Chesapeake Bay. There is highly regular with greater than 10 activities. likely some overlap between the sightings per year (J. Mann, Potomac- The proposed take of four of the five northern and southern migratory stocks Chesapeake Dolphin Project, pers. marine mammal species/stocks during spring and fall migrations, but comm.). Multiple sightings of the same comprises less than one-third of the best the extent of overlap is unknown. individual would considerably reduce available stock abundance, with the The Bay and waters offshore of the the number of individual animals that exception of the bottlenose dolphin mouth are located on the periphery of are taken by Level B harassment. stocks. There are three bottlenose the migratory ranges of both coastal Furthermore, the existence of a resident dolphin stocks that could occur in the stocks (although during different dolphin population in the Bay would project area. Therefore, the estimated seasons). Additionally, each of the increase the percentage of dolphin takes dolphin takes by Level B harassment migratory coastal stocks are likely to be that are actually re-sightings of the same would likely be portioned among the located in the vicinity of the Bay for individuals. western North Atlantic northern relatively short timeframes. Given the In summary and as described above, migratory coastal stock, western North limited number of animals from each the following factors primarily support Atlantic southern migratory coastal migratory coastal stock likely to be our preliminary determination regarding stock, and NNCES stock. Based on the found at the seasonal migratory the incidental take of small numbers of stocks’ respective occurrence in the boundaries of their respective ranges, in the affected stocks of bottlenose area, NMFS estimated that there would combination with the short time periods dolphin: be 216 takes from the NNCES stock, (∼two months) animals might remain at • Potential bottlenose dolphin takes with the remaining takes evenly split these boundaries, it is reasonable to in the project area are likely to be between the northern and southern assume that takes are likely to occur allocated among three distinct stocks; migratory coastal stocks. Based on only within some small portion of either • Bottlenose dolphin stocks in the consideration of various factors of the migratory coastal stocks. project area have extensive ranges and described below, we have determined Both migratory coastal stocks likely it would be unlikely to find a high the numbers of individuals taken would overlap with the NNCES stock at percentage of any one stock likely comprise less than one-third of various times during their seasonal concentrated in a relatively small area the best available population abundance migrations. The NNCES stock is defined such as the project area or the Bay; estimate of either coastal migratory as animals that primarily occupy waters • The Bay represents the migratory stock. Detailed descriptions of the of the Pamlico Sound estuarine system boundary for each of the specified stocks’ ranges have been provided in (which also includes Core, Roanoke, dolphin stocks and it would be unlikely Description of Marine Mammals in the and Albemarle sounds, and the Neuse to find a high percentage of any stock Area of Specified Activities. River) during warm water months (July– concentrated at such boundaries; and Both the northern migratory coastal August). Members of this stock also use • Many of the takes would likely be and southern migratory coastal stocks coastal waters (≤1 km from shore) of repeats of the same animals and likely have expansive ranges and they are the North Carolina from Beaufort north to from a resident population of the Bay. only dolphin stocks thought to make Virginia Beach, Virginia, including the Based on the analysis contained broad-scale, seasonal migrations in lower Chesapeake Bay. Comparison of herein of the proposed activity coastal waters of the western North dolphin photo-identification data (including the proposed mitigation and Atlantic. Given the large ranges confirmed that limited numbers of monitoring measures) and the associated with these two stocks it is individual dolphins observed in anticipated take of marine mammals, unlikely that large segments of either Roanoke Sound have also been sighted NMFS preliminarily finds that small stock would approach the project area in the Chesapeake Bay (Young, 2018). numbers of marine mammals will be and enter into the Bay. The majority of Like the migratory coastal dolphin taken relative to the population size of both stocks are likely to be found widely stocks, the NNCES stock covers a large the affected species or stocks. dispersed across their respective habitat range. The spatial extent of most small ranges and unlikely to be concentrated and resident bottlenose dolphin Unmitigable Adverse Impact Analysis in or near the Chesapeake Bay. populations is on the order of 500 km2, and Determination Furthermore, the Chesapeake Bay and while the NNCES stock occupies over There are no relevant subsistence uses nearby offshore waters represent the 8,000 km2 (LeBrecque et al., 2015). of the affected marine mammal stocks or boundaries of the ranges of each of the Given this large range, it is again species implicated by this action. two coastal stocks during migration. The unlikely that a preponderance of Therefore, NMFS has determined that northern migratory coastal stock is animals from the NNCES stock would the total taking of affected species or found during warm water months from depart the North Carolina estuarine stocks would not have an unmitigable coastal Virginia, including the system and travel to the northern extent adverse impact on the availability of Chesapeake Bay and Long Island, New of the stock’s range. However, recent such species or stocks for taking for York. The stock migrates south in late evidence suggests that there is like a subsistence purposes. summer and fall. During cold water small resident community of NNCES months dolphins may be found in dolphins that inhabits the Chesapeake Endangered Species Act (ESA) coastal waters from Cape Lookout, Bay year-round (E. Patterson, NMFS, Section 7(a)(2) of the Endangered North Carolina, to the North Carolina/ pers. comm.). Species Act of 1973 (ESA: 16 U.S.C. Virginia. During January–March, the Many of the dolphin observations in 1531 et seq.) requires that each Federal southern migratory coastal stock the Bay are likely repeated sightings of agency insure that any action it appears to move as far south as northern the same individuals. The Potomac- authorizes, funds, or carries out is not Florida. From April to June, the stock Chesapeake Dolphin Project has likely to jeopardize the continued moves back north to North Carolina. observed over 1,200 unique animals existence of any endangered or During the warm water months of July– since observations began in 2015. Re- threatened species or result in the August, the stock is presumed to occupy sightings of the same individual can be destruction or adverse modification of coastal waters north of Cape Lookout, highly variable. Some dolphins are designated critical habitat. No North Carolina, to Assateague, Virginia, observed once per year, while others are incidental take of ESA-listed marine
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 16226 Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
mammals are expected or proposed for Proposed Authorization the previously mentioned mitigation, authorization. Therefore, NMFS has monitoring, and reporting requirements determined that consultation under As a result of these preliminary are incorporated. section 7 of the ESA is not required for determinations, NMFS proposed to issue an IHA to the HRCP for pile Donna S. Wieting, this action. driving activities associated with the Director, Office of Protected Resources, HRBT Expansion Project in Hampton- National Marine Fisheries Service. Norfolk, Virginia for a period of one [FR Doc. 2020–05807 Filed 3–19–20; 8:45 am] year from the date of issuance, provided BILLING CODE 3510–22–P
VerDate Sep<11>2014 19:53 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 9990 E:\FR\FM\20MRN2.SGM 20MRN2 jbell on DSKJLSW7X2PROD with NOTICES2 i
Reader Aids Federal Register Vol. 85, No. 55 Friday, March 20, 2020
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH
Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 319...... 12441 Presidential Documents 3 CFR 331...... 15078 Executive orders and proclamations 741–6000 Proclamations: 932...... 12757 9988...... 12715 The United States Government Manual 741–6000 959...... 15743 9989...... 12717 Other Services 9990...... 12719 9 CFR Electronic and on-line services (voice) 741–6020 9991...... 12721 Proposed Rules: Privacy Act Compilation 741–6050 9992...... 12855 9993...... 15045 121...... 15078 9994...... 15337 10 CFR ELECTRONIC RESEARCH 9995...... 15339 34...... 15347 World Wide Web 9996...... 15341 9997...... 15345 36...... 15347 39...... 15347 Full text of the daily Federal Register, CFR and other publications Executive Orders: 50...... 14736 is located at: www.govinfo.gov. 13907...... 12977 13908...... 12983 72...... 12861 Federal Register information and research tools, including Public 1004...... 14756 Administrative Orders: Inspection List and electronic text are located at: Proposed Rules: www.federalregister.gov. Memorandums: Memorandum of Ch. I ...... 13076 E-mail February 21, 2020 ...... 13717 34...... 15395 Memorandum of March 36...... 15395 FEDREGTOC (Daily Federal Register Table of Contents Electronic 3, 2020 ...... 13469 39...... 15395 Mailing List) is an open e-mail service that provides subscribers Memorandum of March 50...... 12442 with a digital form of the Federal Register Table of Contents. The 11, 2020 ...... 15049 digital form of the Federal Register Table of Contents includes 12 CFR Memorandum of March HTML and PDF links to the full text of each document. 13, 2020 ...... 15335 Ch. X...... 15917 To join or leave, go to https://public.govdelivery.com/accounts/ Notices: 3...... 15909 USGPOOFR/subscriber/new, enter your email address, then Notice of March 4, 201...... 13723 follow the instructions to join, leave, or manage your 2020 ...... 12981 204...... 13724 subscription. Notice of March 5, 225...... 12398, 14772 217...... 15576, 15909 PENS (Public Law Electronic Notification Service) is an e-mail 2020 ...... 13473 225...... 15576 service that notifies subscribers of recently enacted laws. Order of March 6, 2020 ...... 13719 238...... 12398, 14772 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 252...... 15576 and select Join or leave the list (or change settings); then follow 5 CFR 324...... 15909 the instructions. 1201...... 12723 360...... 12724 FEDREGTOC and PENS are mailing lists only. We cannot 1630...... 12431 365...... 15916 respond to specific inquiries. 1632...... 12431 Proposed Rules: 701...... 13982 Reference questions. Send questions and comments about the 1650...... 12431 702...... 13982 Federal Register system to: [email protected] 8301...... 12859 Proposed Rules: 709...... 13982 The Federal Register staff cannot interpret specific documents or 2429...... 15742 741...... 13982 regulations. 1006...... 12672 6 CFR FEDERAL REGISTER PAGES AND DATE, MARCH 5...... 14733, 14734 13 CFR Proposed Rules: 107...... 13725 12207–12430...... 2 5 ...... 13831, 14174, 14176, 120...... 13725, 14772 12431–12714...... 3 14805 123...... 12862 12715–12858...... 4 134...... 14772 12859–12982...... 5 7 CFR 142...... 13725 12983–13474...... 6 357...... 12207 146...... 13725 13475–13718...... 9 920...... 12860 Proposed Rules: 13719–14142...... 10 944...... 12985 109...... 12875 14143–14392...... 11 980...... 12985 999...... 12985 14 CFR 14393–14558...... 12 1437...... 12213 25...... 12864, 14559 14559–14732...... 13 1464...... 15051 39 ...... 13475, 13477, 13727, 14733–15050...... 16 1738...... 14393 14143, 14409, 14411, 14413, 15051–15334...... 17 1739...... 14393 14559, 14562, 14784,14786, 15335–15712...... 18 Proposed Rules: 14789, 14792, 15052, 15054, 15713–15908...... 19 51...... 13833 15056, 15919, 15922, 15924, 15909–16226...... 20 271...... 15304 15926, 15930, 15933, 15936, 273...... 15304 15938, 15940, 15943, 15946
VerDate Sep 11 2014 20:24 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\20MRCU.LOC 20MRCU jbell on DSKJLSW7X2PROD with FR_CU ii Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Reader Aids
71 ...... 12432, 12434, 12435, 30...... 13041 913...... 12735 710...... 13062 12437, 12865, 12997, 12998, 87...... 13041 948...... 12739 721...... 15952 12999, 13001, 13479, 13481, 180...... 13041 725...... 13760 13731, 13732 3282...... 13041 31 CFR Proposed Rules: 95...... 13003 Proposed Rules: 150...... 15378 30...... 15396 97...... 12865, 12867 100...... 14605 210...... 15715 52 ...... 12232, 12241, 12876, 1241...... 15352 591...... 14572 12877, 12882, 13602, 14442, Proposed Rules: 26 CFR 595...... 13746 14605, 14606, 14608, 14843, 25...... 12227, 12230 1 ...... 13045, 13483, 15060, Proposed Rules: 14844, 14847, 16021, 16027, 39 ...... 13578, 13581, 13583, 15061, 15949 800...... 13586, 14837 16029, 16038 14178, 14180, 14423, 14807, 300...... 14567 802...... 13586, 14837 62...... 14621 15079, 16008, 16011, 16014, Proposed Rules: 81...... 14608, 16038 16016, 16019 1...... 13118 32 CFR 141...... 14098 71 ...... 12449, 13079, 13080, 199...... 15061 171...... 12244 28 CFR 14427, 14809 233...... 13045 180...... 12454 28...... 13483 228...... 14622 15 CFR 269...... 13047 329...... 15066 257...... 12456 740...... 13009 29 CFR 721...... 12479, 15406 744...... 14416, 14794 2...... 13024 33 CFR 725...... 15406 762...... 14416 7...... 13024 100...... 13747, 15382 41 CFR 902...... 15948 8...... 13024 105...... 13493 Proposed Rules: 10...... 13024 117 ...... 13517, 15066, 15067 50-203...... 13024 744...... 14428 13...... 13024 165 ...... 12439, 13049, 13520, 60-30...... 13024 18...... 13024 Proposed Rules: 16 CFR 14574, 14576, 14799, 15069, 24...... 13024 15384, 15721, 15724, 15727 50-203...... 13086 Proposed Rules: 29...... 13024, 14294 401...... 15949 60-30...... 13086 314...... 13082 38...... 13024 402...... 15951 102-81...... 12489 96...... 13024 17 CFR Proposed Rules: 403...... 13414 42 CFR 100 ...... 13595, 13598, 14837, 30...... 15359 417...... 13024 Proposed Rules: 15745 200...... 12221 471...... 13024 73...... 15087 127...... 12451 275...... 13734 501...... 13024 165 ...... 12452, 13598, 13841, 580...... 13024 47 CFR 18 CFR 14840, 15082, 15749 1601...... 15734 0...... 12747 35...... 13009, 13012 1978...... 13024 34 CFR 1...... 12747 157...... 15713 1979...... 13024 4...... 15733 300...... 13523 1980...... 13024 20...... 12747 19 CFR 361...... 13523 1981...... 13024 36...... 12747 363...... 13523 12...... 15363 1982...... 13024 51...... 12747 367...... 13523 Ch. I...... 12731, 15059, 15714 1983...... 13024 54 ...... 12747, 13773, 15741, 370...... 13523 1984...... 13024 15982 20 CFR 381...... 13523 1985...... 13024 61...... 12747 641...... 13024 1986...... 13024 37 CFR 64...... 12747 655...... 13024 69...... 12747 656...... 13024 1987...... 13024 1988...... 13024 1...... 12222 74...... 15999 658...... 13024 380...... 12745 76...... 13069, 15999 667...... 13024 4022...... 15376 4044...... 15376 Proposed Rules: Proposed Rules: 683...... 13024 201...... 12704, 16021 702...... 13024 Proposed Rules: Ch. I ...... 14869 202...... 12704, 16021 1...... 15092 Proposed Rules: 2...... 13086 2...... 13119 641...... 13086 7...... 13086 38 CFR 655...... 13086 8...... 13086 9...... 13843 10...... 13086 9...... 14800 20...... 13119 656...... 13086 17...... 13052 658...... 13086 13...... 13086 54...... 15092 667...... 13086 18...... 13086 Proposed Rules: 68...... 13119 17...... 14429 683...... 13086 24...... 13086 49 CFR 702...... 13086 29...... 13086 71...... 13356 270...... 12826 38...... 13086 39 CFR 21 CFR 96...... 13086 271...... 12826 573...... 14565 417...... 13086 501...... 12870 1039...... 12749 882...... 13312 471...... 13086 3025...... 13054 Ch. XII .....12731, 15059, 15714 895...... 13312 501...... 13086 Proposed Rules: Proposed Rules: 1141...... 15638, 15710 580...... 13086 3050...... 13601 299...... 14036, 14449 1308...... 13741 1978...... 13086 40 CFR 50 CFR Proposed Rules: 1979...... 13086 1100...... 13840 1980...... 13086 9...... 15952 216...... 15948 1107...... 13840 1981...... 13086 31...... 12224 300...... 14586 1114...... 13840 1982...... 13086 49...... 15729 600...... 15391 1301...... 14810 1983...... 13086 52 ...... 12874, 13055, 13057, 622 ...... 13070, 14171, 14602, 1984...... 13086 13748, 13755, 14145, 14147, 16006 22 CFR 1985...... 13086 14418, 14420, 14578, 15071, 635...... 14802 171...... 13482 1986...... 13086 15074, 15076, 15959 648 ...... 13071, 13074, 13552 Proposed Rules: 1987...... 13086 63 ...... 13524, 14526, 15608, 679 ...... 13553, 13576, 13577, 171...... 13104 1988...... 13086 15960 13802, 14172, 14603, 14803, 82...... 14150, 15258 15076, 15392, 15393 24 CFR 30 CFR 180 ...... 13059, 13546, 13548, Proposed Rules: 28...... 13041 250...... 12733 15387 17...... 13844
VerDate Sep 11 2014 20:24 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\20MRCU.LOC 20MRCU jbell on DSKJLSW7X2PROD with FR_CU Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Reader Aids iii
20...... 15870 648...... 13603 679...... 13618
VerDate Sep 11 2014 20:24 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\20MRCU.LOC 20MRCU jbell on DSKJLSW7X2PROD with FR_CU iv Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Reader Aids
listserv.gsa.gov/cgi-bin/ wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS Public Laws Electronic L&A=1 Notification Service Note: No public bills which (PENS) Note: This service is strictly have become law were for email notification of new received by the Office of the laws. The text of laws is not Federal Register for inclusion PENS is a free email available through this service. in today’s List of Public notification service of newly PENS cannot respond to Laws. enacted public laws. To specific inquiries sent to this Last List March 16, 2020 subscribe, go to https:// address.
VerDate Sep 11 2014 20:24 Mar 19, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\20MRCU.LOC 20MRCU jbell on DSKJLSW7X2PROD with FR_CU