Vol. 85 Thursday, No. 128 July 2, 2020

Pages 39829–40086

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 22:49 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\02JYWS.LOC 02JYWS khammond on DSKJM1Z7X2PROD with FR-1WS II Federal Register / Vol. 85, No. 128 / Thursday, July 2, 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 22:49 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\02JYWS.LOC 02JYWS khammond on DSKJM1Z7X2PROD with FR-1WS III

Contents Federal Register Vol. 85, No. 128

Thursday, July 2, 2020

Editorial Note: In the Wednesday, July 1, 2020, issue of the Orders Issued via Fax or Electronic Commerce, 40075– Federal Register, FR. Doc. 2020-14448 Presidential 40076 Proclamation 10053, was inadvertently omitted from the Requirements for DD Form 254, Contract Security printed Table of Contents. Classification Specification, 40061–40064 Technical Amendments, 40076–40077 Agency for Healthcare Research and Quality PROPOSED RULES NOTICES Freedom of Information Act Program; Amendment, 39856– Supplemental Evidence and Data Request on Breast 39858 Reconstruction after Mastectomy, 39904–39909 NOTICES Agency Information Collection Activities; Proposals, Agriculture Department Submissions, and Approvals, 39891–39892 See Forest Service See Rural Business-Cooperative Service Education Department Air Force Department RULES NOTICES Final Waiver and Extension of the Project Periods for Agency Information Collection Activities; Proposals, Television Access Grants, 39833–39834 Submissions, and Approvals, 39891 Centers for Disease Control and Prevention Election Assistance Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings; Sunshine Act, 39894 Submissions, and Approvals, 39909–39913 Civil Rights Commission Employee Benefits Security Administration RULES NOTICES Meetings: Default Electronic Disclosure by Employee Pension Benefit Oregon Advisory Committee, 39879–39880 Plans under Employee Retirement Income Security Act; Pennsylvania Advisory Committee, 39880 Correction, 39831 NOTICES Coast Guard Meetings: RULES Advisory Council on Employee Welfare and Pension Safety Zone: Benefit Plans, 39935–39936 Southern California Annual Firework Events for the San Diego Captain of the Port Zone, 39832–39833 Energy Department Safety Zones: See Federal Energy Regulatory Commission Annual Firework Displays within the Captain of the Port, Puget Sound Area of Responsibility, 39832 Engineers Corps Commerce Department NOTICES See Foreign-Trade Zones Board Environmental Impact Statements; Availability, etc.: See International Trade Administration Proposed Mid-Breton Sediment Diversion, Plaquemines See National Oceanic and Atmospheric Administration Parish, LA, 39892–39894 See Patent and Trademark Office Committee for Purchase From People Who Are Blind or Environmental Protection Agency Severely Disabled RULES NOTICES National Emission Standards for Hazardous Air Pollutants: Procurement List; Additions and Deletions, 39890–39891 Cellulose Products Manufacturing Residual Risk and Technology Review, 39980–40024 Defense Department PROPOSED RULES See Air Force Department Air Quality State Implementation Plans; Approvals and See Engineers Corps Promulgations: RULES California; South Coast Moderate Area Plan and Federal Acquisition Regulation: Reclassification as Serious Nonattainment for the Evaluation Factors for Multiple-Award Contracts, 40068– 2012 Fine Particulate Matter National Ambient Air 40071 Quality Standards, 40026–40057 Federal Acquisition Circular 2020–07; Small Entity Public Hearing: Compliance Guide, 40077–40078 Vehicle Test Procedure Adjustments for Tier 3 Increased Micro-Purchase and Simplified Acquisition Certification Test Fuel, 39858–39859 Thresholds, 40064–40068 NOTICES Modifications to Cost or Pricing Data Requirements, Environmental Impact Statements; Availability, etc.: 40071–40074 Weekly Receipt, 39901

VerDate Sep<11>2014 22:47 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\02JYCN.SGM 02JYCN khammond on DSKJM1Z7X2PROD with CONTENTS IV Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Contents

Federal Aviation Administration Federal Reserve System RULES NOTICES Airworthiness Directives: Change in Bank Control: Pratt and Whitney Canada Corp. Turboprop Engines, Acquisitions of Shares of a Bank or Bank Holding 39829–39831 Company, 39903–39904 Formations of, Acquisitions by, and Mergers of Bank Federal Communications Commission Holding Companies, 39903 PROPOSED RULES Federal Transit Administration Accelerating Wireless and Wireline Broadband Deployment NOTICES by Removing Barriers to Infrastructure Investment, Fiscal Year 2020 Coronavirus Aid, Relief, and Economic 39859–39868 NOTICES Security Act Supplemental Apportionments, Agency Information Collection Activities; Proposals, Allocations, Program Information and Guidance, Submissions, and Approvals, 39901–39902 39971–39975 Meetings: Fish and Wildlife Service Broadband Deployment Advisory Committee, 39902– NOTICES 39903 Endangered and Threatened Species: Central 40 Solar Project, Stanislaus County, California; Federal Contract Compliance Programs Office Categorical Exclusion and Draft Habitat Conservation RULES Plan, 39929–39931 Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: Food and Drug Administration TRICARE Providers, 39834–39847 NOTICES Agency Information Collection Activities; Proposals, Federal Emergency Management Agency Submissions, and Approvals: NOTICES Exceptions or Alternatives to Labeling Requirements for Changes in Flood Hazard Determinations, 39919–39921 Products Held by the Strategic National Stockpile, Final Flood Hazard Determinations, 39924 39914–39917 Meetings: Radioactive Drug Research Committees, 39913–39914 Technical Mapping Advisory Council, 39922 Reporting Associated with Animal Drug and Animal Proposed Flood Hazard Determinations, 39922–39926 Generic Drug User Fees, 39917–39918 Drug Products Not Withdrawn from Sale for Reasons of Safety or Effectiveness: Federal Energy Regulatory Commission ZOVIRAX (Acyclovir) Oral Capsules, 200 Milligrams, PROPOSED RULES 39918–39919 Five-Year Review of the Oil Pipeline Index, 39854–39856 Withdrawal of Approval of a New Drug Application: NOTICES ZECUITY (sumatriptan iontophoretic transdermal Application: system); Teva Branded Pharmaceutical Products R Seattle City Light, 39896–39897 and D, Inc., 39913 Combined Filings, 39897–39899, 39901 Initial Market-Based Rate Filings Including Requests for Foreign-Trade Zones Board Blanket Section 204 Authorizations: NOTICES Helios 5 MT, LLC, 39899–39900 Proposed Production Activity: LA3 West Baton Rouge, LLC, 39897 Barco Stamping Co., Inc., Foreign-Trade Zone 219, San Meetings: Luis, AZ, 39880–39881 Northern Border Pipeline Co.; Technical Conference, 39899 Forest Service Records Governing Off-the-Record Communications, 39894– NOTICES 39895 Meetings: Request for Extension of Time: National Forests in Alabama Resource Advisory Delfin LNG, LLC, 39900–39901 Committee, 39869

Federal Highway Administration General Services Administration NOTICES RULES Final Federal Agency Actions: Federal Acquisition Regulation: Proposed Highway in California, 39969–39970 Evaluation Factors for Multiple-Award Contracts, 40068– 40071 Federal Acquisition Circular 2020–07; Introduction, Federal Maritime Commission 40060–40061 NOTICES Federal Acquisition Circular 2020–07; Small Entity Agreements Filed, 39903 Compliance Guide, 40077–40078 Increased Micro-Purchase and Simplified Acquisition Federal Railroad Administration Thresholds, 40064–40068 NOTICES Modifications to Cost or Pricing Data Requirements, Application: 40071–40074 Approval of Discontinuance or Modification of a Railroad Orders Issued via Fax or Electronic Commerce, 40075– Signal System, 39970–39971 40076

VerDate Sep<11>2014 22:47 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\02JYCN.SGM 02JYCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Contents V

Requirements for DD Form 254, Contract Security Proposed Consent Decree: Classification Specification, 40061–40064 Clean Air Act, 39934 Technical Amendments, 40076–40077 Federal Travel Regulation: Labor Department Technical Amendments, 39847–39850 See Employee Benefits Security Administration See Federal Contract Compliance Programs Office Health and Human Services Department See Agency for Healthcare Research and Quality Land Management Bureau See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Plats of Survey: NOTICES Alaska, 39931 Promoting the Rule of Law through Improved Agency Guidance Documents, 39919 National Aeronautics and Space Administration Homeland Security Department RULES See Coast Guard Federal Acquisition Regulation: See Federal Emergency Management Agency Evaluation Factors for Multiple-Award Contracts, 40068– See Transportation Security Administration 40071 NOTICES Federal Acquisition Circular 2020–07; Small Entity Committee Reestablishment: Compliance Guide, 40077–40078 Data Privacy and Integrity Advisory Committee; Increased Micro-Purchase and Simplified Acquisition Withdrawal of Charter Renewal Announcement, Thresholds, 40064–40068 39926–39927 Modifications to Cost or Pricing Data Requirements, 40071–40074 Housing and Urban Development Department Orders Issued via Fax or Electronic Commerce, 40075– NOTICES 40076 Agency Information Collection Activities; Proposals, Requirements for DD Form 254, Contract Security Submissions, and Approvals: Classification Specification, 40061–40064 Lender Qualifications for Multifamily Accelerated Technical Amendments, 40076–40077 Processing (MAP) Guide (MAP Guide, 4430.G), 39928–39929 National Council on Disability Rehabilitation Mortgage Insurance Underwriting Program NOTICES Section 203(k), 39929 Meetings; Sunshine Act, 39936

Interior Department National Highway Traffic Safety Administration See Fish and Wildlife Service NOTICES See Land Management Bureau Agency Information Collection Activities; Proposals, See National Park Service Submissions, and Approvals: Automated Vehicle Transparency and Engagement for International Trade Administration Safe Testing Initiative, 39975–39977 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Oceanic and Atmospheric Administration or Reviews: NOTICES Certain Steel Nails from the United Arab Emirates, General Provisions for Domestic Fisheries: 39884–39886 Application for Exempted Fishing Permits, 39886 Hardwood Plywood Products from the People’s Republic Meetings: of China, 39883–39884 Mid-Atlantic Fishery Management Council, 39887–39888 Potassium Permanganate from the People’s Republic of New England Fishery Management Council, 39886–39887 China, 39882 Request for Application for Membership: National Park Service United States Travel and Tourism Advisory Board, 39882–39883 NOTICES Request for Nominations: National Register of Historic Places: Corporation for Travel Promotion Board of Directors, Pending Nominations and Related Actions, 39931–39932 39881–39882 National Science Foundation International Trade Commission NOTICES NOTICES Meetings; Sunshine Act, 39936 Investigations; Determinations, Modifications, and Rulings, etc.: Nuclear Regulatory Commission Glass Containers from China, 39932–39933 NOTICES Twist Ties from China, 39933–39934 Exemption; Issuance: GE Hitachi Nuclear Energy, LLC, 39937–39938 Justice Department Guidance: NOTICES Changes to Subsequent License Renewal Guidance Agency Information Collection Activities; Proposals, Documents, 39938–39940 Submissions, and Approvals: Instructions for Completing Uniform Low-Level Radioactive Firearm Inquiry Statistics Program, 39935 Waste Manifest, 39936–39937

VerDate Sep<11>2014 22:47 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\02JYCN.SGM 02JYCN khammond on DSKJM1Z7X2PROD with CONTENTS VI Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Contents

Patent and Trademark Office Statutory Debarment under the Arms Export Control Act NOTICES and the International Traffic in Arms Regulations; Fast-Track Appeals Pilot Program, 39888–39890 Correction, 39967–39968

Personnel Management Office Surface Transportation Board PROPOSED RULES NOTICES Federal Employees’ Retirement System: Acquisition Exemption: Normal Cost Percentage for Certain Members of the TFG Transport, LLC; Decatur Central Railroad, LLC, Capitol Police, 39851–39852 39968 Present Value Conversion Factors for Spouses of Operation Exemption with Interchange Commitment: Deceased Separated Employees, 39852–39854 Mississippi Southern Railroad, LLC; The Kansas City Southern Railway Co., 39968–39969 Presidential Documents PROCLAMATIONS Transportation Department Proclamation 10052 Amendment (Proc. 10054), 40085– See Federal Aviation Administration 40086 See Federal Highway Administration EXECUTIVE ORDERS Monuments, Memorials, and Statues; Efforts To Protect and See Federal Railroad Administration Combat Recent Criminal Violence (EO 13933), 40079– See Federal Transit Administration 40084 See National Highway Traffic Safety Administration Rural Business–Cooperative Service Transportation Security Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 39869–39870 Submissions, and Approvals: Request for Applications: Transportation Worker Identification Credential Program, Rural Cooperative Development Grants, 39870–39879 39927–39928 Securities and Exchange Commission NOTICES Separate Parts In This Issue Applications for Deregistration, 39940–39942 Order: Part II Extending Temporary Exemptions from Specified Environmental Protection Agency, 39980–40024 Provisions of the Exchange Act and Certain Rules thereunder, 39960–39961 Part III Self-Regulatory Organizations; Proposed Rule Changes: Environmental Protection Agency, 40026–40057 Investors Exchange, LLC, 39959–39960 MIAX PEARL, LLC, 39943–39945 Part IV Nasdaq BX, Inc., 39949–39952 Defense Department, 40061–40078 Nasdaq GEMX, LLC, 39961–39964 General Services Administration, 40060–40078 Nasdaq MRX, LLC, 39946–39949 National Aeronautics and Space Administration, 40061– Nasdaq PHLX, LLC, 39956–39959, 39964–39966 40078 The Nasdaq Stock Market, LLC, 39953–39956 Part V Small Business Administration Presidential Documents, 40079–40086 NOTICES Exemption Under the Small Business Investment Act, Conflicts of Interest: Renovus Capital Partners II, L.P., 39966 Reader Aids Willow Tree Credit Partners SBIC, L.P., 39966 Consult the Reader Aids section at the end of this issue for Surrender of Small Business Investment Company License: phone numbers, online resources, finding aids, and notice KLH Capital Fund II, LP, 39966 of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Meetings: address, then follow the instructions to join, leave, or Commission on Unalienable Rights, 39967 manage your subscription.

VerDate Sep<11>2014 22:47 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\02JYCN.SGM 02JYCN khammond on DSKJM1Z7X2PROD with CONTENTS Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Contents VII

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.

3 CFR 5...... 40076 9 (2 documents) ...... 40064, Proclamations: 40076 10054...... 40085 13 (2 documents) ...... 40064, Executive Orders: 40068 13933...... 40081 14...... 40071 5 CFR 15 (2 documents) ...... 40068, Proposed Rules: 40071 841...... 39851 16 (2 documents) ...... 40064, 843...... 39852 40068 18...... 40076 14 CFR 22...... 40064 39...... 39829 25...... 40064 18 CFR 27...... 40076 30...... 40071 Proposed Rules: 52 (5 documents) ...... 40061, 342...... 39854 40064, 40071, 40075, 40076 29 CFR 53...... 40061 2560...... 39831 32 CFR Proposed Rules: 286...... 39856 33 CFR 165 (2 documents) ...... 39832 34 CFR Ch. III ...... 39833 40 CFR 63...... 39980 Proposed Rules: 52...... 40026 81...... 40026 86...... 39858 600...... 39858 41 CFR Appendix A to Ch. 301 ...... 39847 Appendix B to Ch. 301 ...... 39847 Appendix E to Ch. 301 ...... 39847 300-3...... 39847 300-70...... 39847 300-80...... 39847 300-90...... 39847 301-10...... 39847 301-11...... 39847 301-13...... 39847 301-52...... 39847 301-70...... 39847 301-72...... 39847 301-73...... 39847 301-74...... 39847 301-75...... 39847 302-1...... 39847 302-4...... 39847 302-5...... 39847 302-7...... 39847 302-8...... 39847 304-2...... 39847 304-6...... 39847 60-1...... 39834 60-300...... 39834 60-741...... 39834 47 CFR Proposed Rules: 1...... 39859 48 CFR Ch. I...... 40060, 40077 1...... 40061 2 ...... 40061, 40064, 40068 3...... 40064 4 (3 documents) ...... 40061, 40068, 40076

VerDate Sep 11 2014 23:26 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\02JYLS.LOC 02JYLS khammond on DSKJM1Z7X2PROD with FR-2LS 39829

Rules and Regulations Federal Register Vol. 85, No. 128

Thursday, July 2, 2020

This section of the FEDERAL REGISTER available on the internet at https:// potential to adversely affect the low cycle contains regulatory documents having general www.regulations.gov by searching for fatigue (LCF) characteristics of the part, applicability and legal effect, most of which and locating Docket No. FAA–2019– resulting in a lower LCF life than currently are keyed to and codified in the Code of 0395. published in the engine model’s Federal Regulations, which is published under Airworthiness Limitations. The identified 50 titles pursuant to 44 U.S.C. 1510. Examining the AD Docket discrepancy was related to specific parts having been exposed to inappropriate The Code of Federal Regulations is sold by You may examine the AD docket on temperature levels during the manufacturing the Superintendent of Documents. the internet at https:// process. www.regulations.gov by searching for To address the subject potential material and locating Docket No. FAA–2019– microstructure problem, P&WC issued SB DEPARTMENT OF TRANSPORTATION 0395; or in person at Docket Operations 35331 Initial Issue, dated 16 March 2016, and between 9 a.m. and 5 p.m., Monday then subsequently Revision 1, dated 3 May Federal Aviation Administration through Friday, except Federal holidays. 2016, to recommend replacement of specific The AD docket contains this final rule, impeller serial numbers prior to the parts 14 CFR Part 39 reaching the determined thresholds. the mandatory continuing airworthiness Subsequent to the release of the SB, P&WC [Docket No. FAA–2019–0395; Project information (MCAI), any comments voluntarily initiated a fleet campaign to Identifier 2019–NE–11–AD; Amendment 39– received, and other information. The achieve this objective. 21151; AD 2020–13–06] address for Docket Operations is U.S. The actions specified by this [TCCA] AD RIN 2120–AA64 Department of Transportation, Docket are to ensure that HP centrifugal impellers Operations, M–30, West Building with this potential material anomaly Airworthiness Directives; Pratt & Ground Floor, Room W12–140, 1200 condition are contained in order to prevent Whitney Canada Corp. Turboprop New Jersey Avenue SE, Washington, DC severe engine damage and possible aeroplane damage caused by an impeller failure. Engines 20590. FOR FURTHER INFORMATION CONTACT: You may obtain further information AGENCY: Federal Aviation Barbara Caufield, Aerospace Engineer, by examining the MCAI in the AD Administration (FAA), DOT. ECO Branch, FAA, 1200 District docket on the internet at https:// ACTION: Final rule. Avenue, Burlington, MA 01803; phone: www.regulations.gov by searching for 781–238–7146; fax: 781–238–7199; and locating Docket No. FAA–2019– SUMMARY: The FAA is adopting a new email: [email protected]. 0395. airworthiness directive (AD) for certain Pratt & Whitney Canada Corp. (P&WC) SUPPLEMENTARY INFORMATION: Comments PW150A model turboprop engines. This Discussion The FAA gave the public the AD was prompted by a determination by The FAA issued a notice of proposed opportunity to participate in developing the manufacturer that certain PW150A rulemaking (NPRM) to amend 14 CFR this final rule. The FAA received no engine high-pressure (HP) centrifugal part 39 by adding an AD that would comments on the NPRM or on the impellers may exhibit a material apply to certain P&WC PW150A determination of the cost to the public. microstructure anomaly that has a turboprop engines. The NPRM potential to adversely affect the low Conclusion published in the Federal Register on cycle fatigue characteristics of the part. June 24, 2019 (84 FR 29419). The NPRM The FAA reviewed the relevant data This AD requires replacement of the was prompted by a determination by the and determined that air safety and the affected HP centrifugal impellers. The manufacturer that certain PW150A public interest require adopting this FAA is issuing this AD to address the engine HP centrifugal impellers may final rule as proposed except for minor unsafe condition on these products. exhibit a material microstructure editorial changes. The FAA has DATES: This AD is effective August 6, anomaly that has a potential to determined that these minor changes: 2020. adversely affect the low cycle fatigue • Are consistent with the intent that The Director of the Federal Register characteristics of the part. The NPRM was proposed in the NPRM for approved the incorporation by reference proposed to require replacement of the addressing the unsafe condition; and of a certain publication listed in this AD affected HP centrifugal impellers. The • Do not add any additional burden as of August 6, 2020. FAA is issuing this AD to address the upon the public than was already ADDRESSES: For service information unsafe condition on these products. proposed in the NPRM. identified in this final rule, contact Pratt Transport Canada Civil Aviation Related Service Information Under 1 & Whitney Canada Corp., 1000 Marie- (TCCA), which is the aviation authority CFR Part 51 Victorin, Longueuil, Quebec, Canada, for Canada, has issued AD CF–2018–12, J4G 1A1; phone: 800–268–8000; fax: dated April 27, 2018 (referred to after The FAA reviewed P&WC Service 450–647–2888; internet: https:// this as ‘‘the MCAI’’), to address the Bulletin (SB) PW150–72–35331, www.pwc.ca. You may view this service unsafe condition on these products. The Revision No. 1, dated May 3, 2016. The information at the FAA, Airworthiness MCAI states: SB describes procedures for the Products Section, Operational Safety Pratt & Whitney Canada (P&WC) has replacement of the affected HP Branch, 1200 District Avenue, determined that certain PW150A engine HP centrifugal impeller. This service Burlington, MA 01803. For information centrifugal impellers, part number (P/N) information is reasonably available on the availability of this material at the 3049127–01, may exhibit a material because the interested parties have FAA, call 781–238–7759. It is also microstructure anomaly which has a access to it through their normal course

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39830 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

of business or by the means identified Costs of Compliance The FAA estimates the following in the ADDRESSES section. The FAA estimates that this AD costs to comply with this AD: affects 20 engines installed on airplanes of U.S. registry.

ESTIMATED COSTS

Cost per Cost on U.S. Action Labor cost Parts cost product operators

Replace HP centrifugal impeller ...... 100 work-hours × $85 per hour = $8,500 ...... $201,921 $210,421 $4,208,420

Authority for This Rulemaking the FAA amends 14 CFR part 39 as dated May 3, 2016, prior to accumulating follows: 8,000 flight cycles since new or within 150 Title 49 of the United States Code flight cycles after the effective date of this specifies the FAA’s authority to issue PART 39—AIRWORTHINESS AD, whichever occurs later, and replace with rules on aviation safety. Subtitle I, DIRECTIVES a part eligible for installation. section 106, describes the authority of (h) Installation Prohibition the FAA Administrator. Subtitle VII: ■ 1. The authority citation for part 39 After the effective date of this AD, do not Aviation Programs, describes in more continues to read as follows: install an HP centrifugal impeller, P/N detail the scope of the Agency’s Authority: 49 U.S.C. 106(g), 40113, 44701. 3049127–01, with any S/N listed in Table 1 authority. or 2 of P&WC SB No. PW150–72–35331, The FAA is issuing this rulemaking § 39.13 [Amended] Revision No. 1, dated May 3, 2016, onto any under the authority described in ■ 2. The FAA amends § 39.13 by adding engine. Subtitle VII, Part A, Subpart III, Section the following new airworthiness (i) Alternative Methods of Compliance 44701: ‘‘General requirements.’’ Under directive (AD): (AMOCs) that section, Congress charges the FAA 2020–13–06 Pratt & Whitney Canada Corp.: (1) The Manager, ECO Branch, FAA, has with promoting safe flight of civil Amendment 39–21151; Docket No. the authority to approve AMOCs for this AD, aircraft in air commerce by prescribing FAA–2019–0395; Project Identifier if requested using the procedures found in 14 regulations for practices, methods, and 2019–NE–11–AD. CFR 39.19. In accordance with 14 CFR 39.19, procedures the Administrator finds send your request to your principal inspector necessary for safety in air commerce. (a) Effective Date or local Flight Standards District Office, as This regulation is within the scope of This AD is effective August 6, 2020. appropriate. If sending information directly that authority because it addresses an to the manager of the ECO Branch, send it to (b) Affected ADs the attention of the person identified in unsafe condition that is likely to exist or None. paragraph (j)(1) of this AD. You may email develop on products identified in this your request to: [email protected]. rulemaking action. (c) Applicability (2) Before using any approved AMOC, This AD applies to Pratt & Whitney Canada notify your appropriate principal inspector, Regulatory Findings Corp. (P&WC) PW150A model turboprop or lacking a principal inspector, the manager This AD will not have federalism engines with a high-pressure (HP) centrifugal of the local flight standards district office/ implications under Executive Order impeller, part number (P/N) 3049127–01, certificate holding district office. installed. 13132. This AD will not have a (j) Related Information substantial direct effect on the States, on (d) Subject (1) For more information about this AD, the relationship between the national Joint Aircraft System Component (JASC) contact Barbara Caufield, Aerospace Government and the States, or on the 7230, Turbine Engine Compressor Section. Engineer, ECO Branch, FAA, 1200 District distribution of power and Avenue, Burlington, MA 01803; phone: 781– (e) Unsafe Condition responsibilities among the various 238–7146; fax: 781–238–7199; email: levels of government. This AD was prompted by a determination [email protected]. by the manufacturer that certain HP (2) Refer to Transport Canada Civil For the reasons discussed above, I centrifugal impellers installed on P&WC Aviation (TCCA) AD CF–2018–12, dated certify this AD: PW150A model turboprop engines may April 27, 2018, for more information. You (1) Is not a ‘‘significant regulatory exhibit a material microstructure anomaly may examine the TCCA AD in the AD docket action’’ under Executive Order 12866, that has a potential to adversely affect the on the internet at https:// (2) Will not affect intrastate aviation low cycle fatigue characteristics of the part. www.regulations.gov by searching for and in Alaska, and The FAA is issuing this AD to prevent failure locating Docket No. FAA–2019–0395. of a certain HP centrifugal impeller. The (3) Will not have a significant (k) Material Incorporated by Reference economic impact, positive or negative, unsafe condition, if not addressed, could result in uncontained release of the HP (1) The Director of the Federal Register on a substantial number of small entities centrifugal impeller, damage to the engine, approved the incorporation by reference under the criteria of the Regulatory and damage to the airplane. (IBR) of the service information listed in this Flexibility Act. paragraph under 5 U.S.C. 552(a) and 1 CFR (f) Compliance part 51. List of Subjects in 14 CFR Part 39 Comply with this AD within the (2) You must use this service information Air transportation, Aircraft, Aviation compliance times specified, unless already as applicable to do the actions required by safety, Incorporation by reference, done. this AD, unless the AD specifies otherwise. (i) Pratt & Whitney Canada Corp. (P&WC) Safety. (g) Required Actions Service Bulletin PW150–72–35331, Revision Adoption of the Amendment Remove HP centrifugal impeller, P/N No. 1, dated May 3, 2016. 3049127–01, with any serial number (S/N) (ii) [Reserved] Accordingly, under the authority listed in Table 2 of P&WC Service Bulletin (3) For P&WC service information delegated to me by the Administrator, (SB) No. PW150–72–35331, Revision No. 1, identified in this AD, contact Pratt & Whitney

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39831

Canada Corp., 1000 Marie-Victorin, Disclosure by Employee Pension Benefit et seq., because it does not involve a Longueuil, Quebec, Canada, J4G 1A1; phone: Plans under ERISA’’ (E-Disclosure collection of information as defined in 800–268–8000; fax: 450–647–2888; internet: Rule), made a number of conforming 44 U.S.C. 3502(3). https://www.pwc.ca. amendments to affected sections of the The Congressional Review Act, 5 (4) You may view this service information Code of Federal Regulations (CFR). With U.S.C. 801 et seq., generally provides at FAA, Airworthiness Products Section, respect to a cross reference added to 29 Operational Safety Branch, 1200 District that the agency promulgating an action Avenue, Burlington, MA 01803. For CFR 2560.503–1, the numbering of must submit a report, including a copy information on the availability of this paragraph (j) was incorrectly identified of the action, to each House of Congress 1 material at the FAA, call 781–238–7759. as paragraph (j)(1). This document and to the Comptroller General of the (5) You may view this service information takes the administrative steps required United States before certain actions may that is incorporated by reference at the to correct that error in the text of the take effect. This final rule is National Archives and Records CFR. This technical correction is a non- administrative and only makes a Administration (NARA). For information on substantive, ministerial action that technical correction in the E-Disclosure the availability of this material at NARA, affects no legal rights or obligations and Rule. The Department has determined email: [email protected], or go to: imposes no costs. for good cause, as described above, that https://www.archives.gov/federal-register/cfr/ notice and public procedure are ibr-locations.html. Administrative Procedure Act unnecessary and that this technical Issued on June 17, 2020. The Administrative Procedure Act correction will take effect on July 27, Lance T. Gant, (APA), 5 U.S.C. 553(b)(3)(B), does not 2020. Director, Compliance & Airworthiness require notice and an opportunity for Division, Aircraft Certification Service. public comment when the agency for List of Subjects in 29 CFR Part 2560 good cause finds that notice and public [FR Doc. 2020–14259 Filed 7–1–20; 8:45 am] Employee benefit plans, Pensions. comment are unnecessary, BILLING CODE 4910–13–P impracticable, or contrary to the public For the reasons stated in the interest. The Department finds good preamble, the Department amends 29 cause for dispensing with public CFR part 2560 by making the following DEPARTMENT OF LABOR comments because this document correcting amendment: merely corrects a cross-reference in the Employee Benefits Security E-Disclosure Rule. This technical PART 2560—RULES AND Administration correction will become effective on the REGULATIONS FOR ADMINISTRATION same date as the E-Disclosure Rule and AND ENFORCEMENT 29 CFR Part 2560 imposes no new or substantive ■ 1. The authority citation for part 2560 RIN 1210–AB90 requirement on the public. As such, the Department has determined that notice continues to read as follows: Default Electronic Disclosure by and the opportunity for public comment Authority: 29 U.S.C. 1132, 1135, and Employee Pension Benefit Plans Under on this final rule are unnecessary. Secretary of Labor’s Order 1–2011, 77 FR ERISA; Correction 1088 (Jan. 9, 2012). Section 2560.503–1 also Other Procedural Matters issued under 29 U.S.C. 1133. Section AGENCY: Employee Benefits Security This final rule has been determined to 2560.502c–7 also issued under 29 U.S.C. Administration, Department of Labor. be not significant for purposes 1132(c)(7). Section 2560.502c–4 also issued under 29 U.S.C. 1132(c)(4). Section ACTION: Final rule; correction. Executive Orders 12866 (Regulatory Planning and Review) and 13563 2560.502c–8 also issued under 29 U.S.C. 1132(c)(8). SUMMARY: This document corrects an (Improving Regulation and Regulatory inadvertent error in paragraph Review). Because this final rule is not a ■ 2. Amend § 2560.503–1 by revising numbering in the final rule entitled significant regulatory action under the second sentence of paragraph (j) ‘‘Default Electronic Disclosure by Executive Order 12866, it therefore is introductory text to read as follows: Employee Pension Benefit Plans under not subject to Executive Order 13771 ERISA,’’ published in the Federal (Reducing Regulations and Controlling § 2560.503–1 Claims procedure. Register on May 27, 2020 (85 FR 31884). Regulatory Costs). In addition, no * * * * * That rule adopted a new safe harbor for analysis is required under the (j) * * * Any electronic notification plan administrators to use to furnish Regulatory Flexibility Act, 5 U.S.C. shall comply with the standards information to participants and 601(2), or Sections 202 and 205 of the imposed by 29 CFR 2520.104b– beneficiaries of retirement plans subject Unfunded Mandates Reform Act of 1(c)(1)(i), (iii), and (iv), or with the to the Employee Retirement Income 1995, Public Law 104–4, because, as standards imposed by 29 CFR Security Act of 1974. noted in the above discussion regarding 2520.104b–31 (for pension benefit applicability of the APA, the DATES: Effective July 27, 2020. plans). * * * Department is not required to engage in * * * * * FOR FURTHER INFORMATION CONTACT: notice and comment. This final rule Rebecca Davis, Office of Regulations does not have significant Federal Signed at Washington, DC, June 12, 2020. and Interpretations, Employee Benefits implications under Executive Order Jeanne Wilson, Security Administration, (202) 693– 13132. This final rule also is not subject Acting Assistant Secretary, Employee Benefits 8500. This is not a toll-free number. to requirements under the Paperwork Security Administration, Department of SUPPLEMENTARY INFORMATION: The final Reduction Act of 1995, 44 U.S.C. 3501 Labor. rule the Department of Labor adopted [FR Doc. 2020–13084 Filed 7–1–20; 8:45 am] on May 27, 2020, ‘‘Default Electronic 1 85 FR 31884, 31924 (May 27, 2020). BILLING CODE 4510–29–P

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39832 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

DEPARTMENT OF HOMELAND Puget Sound Zone during the dates and FOR FURTHER INFORMATION CONTACT: If SECURITY times noted under SUPPLEMENTARY you have questions about this notice of INFORMATION. This action is necessary to enforcement, call or email Chief Coast Guard prevent injury and to protect life and Warrant Officer William E. Martinez, property of the maritime public from Sector Puget Sound Waterways 33 CFR Part 165 hazards associated with the firework Management Division, U.S. Coast [Docket No. USCG–2020–0391] displays. During the enforcement Guard; telephone 206–217–6051, email periods, entry into, transit through, [email protected]. Safety Zones; Annual Firework mooring, or anchoring within these Displays Within the Captain of the safety zones is prohibited unless SUPPLEMENTARY INFORMATION: The Coast Port, Puget Sound Area of authorized by the Captain of the Port, Guard will enforce regulations in 33 Responsibility Puget Sound or their Designated CFR 165.1332 for five safety zones Representative. established for Annual Fireworks AGENCY: Coast Guard, DHS. DATES: The regulations in 33 CFR Displays within the Captain of the Port, ACTION: Notice of enforcement of Puget Sound Area of Responsibility. regulation. 165.1332 will be enforced for the five safety zones identified in the These regulations will be enforced from SUMMARY: The Coast Guard will enforce SUPPLEMENTARY INFORMATION section 5 p.m. on July 4, 2020, until 1 a.m. on five safety zones for annual firework below from 5 p.m. on July 4, 2020, until July 5, 2020, at the following locations: displays in the Captain of the Port, 1 a.m. on July 5, 2020.

Event name Location Latitude Longitude

Alderbrook Resort & Spa Fireworks ...... Hood Canal ...... 47°21.033′ N ...... 123°04.1′ W. Sheridan Beach Community ...... Lake Forest Park ...... 47°44.783′ N ...... 122°16.917′ W. Port Angeles ...... Port Angeles Harbor ...... 48°07.033′ N ...... 123°24.967′ W. Friday Harbor Independence ...... Friday Harbor ...... 48°32.255′ N ...... 123°0.654′ W. Roche Harbor Fireworks ...... Roche Harbor ...... 48°36.7′ N ...... 123°09.5′ W.

The special requirements listed in 33 DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If CFR 165.1332(b) apply to the activation SECURITY you have questions about this notice of and enforcement of these safety zones. enforcement, call or email Lieutenant To seek permission from the Captain of Coast Guard Briana Biagas, Waterways Management, the Port or their Designated U.S. Coast Guard Sector San Diego, CA; Representative to enter any of these 33 CFR Part 165 telephone 619–278–7656, email zones, you may contact the Coast Guard [Docket No. USCG–2020–0385] [email protected]. Sector Puget Sound Joint Harbor SUPPLEMENTARY INFORMATION: The Coast Operations Center (JHOC) on VHF Ch 16 Safety Zone; Southern California Guard will enforce the regulations in 33 or via telephone at (206) 217–6002. You Annual Firework Events for the San CFR 165.1123, Table 1, item number 7, may not enter the zone unless you have Diego Captain of the Port Zone for a safety zone for the Sea World obtained that permission. The Coast AGENCY: Coast Guard, DHS. Fireworks on the waters of Mission Bay, CA from 8:30 p.m. through 9 p.m. on Guard may be assisted by other Federal, ACTION: Notice of enforcement of State, or local law enforcement agencies regulation. specific evenings from Memorial Day to in enforcing this regulation. Labor Day in 2020. This action is being SUMMARY: The Coast Guard will enforce taken to provide for the safety of life on In addition to this notice of a safety zone for the Sea World navigable waterways during the enforcement in the Federal Register, the Fireworks on the waters of Mission Bay, fireworks events. Our regulation for Coast Guard plans to provide CA on specific evenings from Memorial Southern California annual fireworks notification of this enforcement period Day to Labor Day in 2020. This safety events for the San Diego Captain of the via the Local Notice to Mariners. zone is necessary to provide for the Port Zone, Table 1 to § 165.1123, item Dated: June 27, 2020. safety of the participants, spectators, number 7, specifies the location of the L.A. Sturgis, official vessels of the events, and regulated area for the Sea World general users of the waterway. Our Fireworks Events. During the Captain, U.S. Coast Guard, Captain of the regulation for the Southern California enforcement periods, as reflected in Port Puget Sound. annual fireworks for the San Diego § 165.1123(b), a vessel may not enter the [FR Doc. 2020–14326 Filed 7–1–20; 8:45 am] Captain of the Port Zone identifies the regulated area, unless it receives BILLING CODE 9110–04–P regulated area for the events. During the permission from the Captain of the Port, enforcement period, no spectators shall or his designated representative. anchor, block, loiter in, or impede the Spectator vessels may safely transit transit of official patrol vessels in the outside the regulated area but may not regulated area without the approval of anchor, block, loiter, or impede the the Captain of the Port, or his transit of participants or official patrol designated representative. vessels. The Coast Guard may be DATES: The regulations in 33 CFR assisted by other Federal, State, or Local 165.1123, Table 1, Item 7, will be law enforcement agencies in enforcing enforced from 8:30 p.m. through 9 p.m. this regulation. each Saturday and Sunday from July 5, In addition to this notice of 2020, through August 23, 2020. enforcement in the Federal Register, the

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39833

Coast Guard plans to provide ACTION: Final waiver and extension of Background notification of this enforcement period project periods. via the Local Notice to Mariners and On January 14, 2015, the Department local advertising by the event sponsor. SUMMARY: The Secretary waives the of Education (Department) published in If the Captain of the Port or his requirements in the Education the Federal Register (80 FR 1900) a designated representative determines Department General Administrative notice inviting applications for five that the regulated area need not be Regulations that generally prohibit video description and captioning enforced for the full duration stated on project periods exceeding five years and projects for fiscal year (FY) 2015 under this document, he or she may use a project period extensions involving the the Educational Technology, Media, and Broadcast Notice to Mariners or other obligation of additional Federal funds. Materials program, authorized under communications coordinated with the The waiver and extension enable five sections 674 and 681(d) of the event sponsor to grant general projects under Catalog of Federal Individuals with Disabilities Education permission to enter the regulated area. Domestic Assistance (CFDA) number Act (IDEA). 84.327C to receive funding for an Dated: June 29, 2020. The purpose of the video description T.J. Barelli, additional period, not beyond September 30, 2021. and captioning projects is to improve Captain, U.S. Coast Guard, Captain of the the learning opportunities for children DATES: The waiver and extension of the Port San Diego. with disabilities by providing access to [FR Doc. 2020–14451 Filed 7–1–20; 8:45 am] project periods are effective July 2, 2020. television programming through high- BILLING CODE 9110–04–P quality video description and FOR FURTHER INFORMATION CONTACT: captioning. These projects support Glinda Hill, U.S. Department of access to widely available television DEPARTMENT OF EDUCATION Education, 400 Maryland Avenue SW, programs that are appropriate for use in Room 5173, Potomac Center Plaza, 34 CFR Chapter III the classroom setting and are not Washington, DC 20202–5076. otherwise required to be captioned or Telephone: 202–245–7376. Email: [ED–2020–OSERS–0034] described by the Federal [email protected]. Communications Commission (FCC). A Final Waiver and Extension of the If you use a telecommunications table listing the FY 2015 video Project Periods for Television Access device for the deaf (TDD) or a text Grants telephone (TTY), call the Federal Relay description and captioning projects Service (FRS), toll free, at 1–800–877– follows: AGENCY: Office of Special Education and Rehabilitative Services (OSERS), 8339. Department of Education. SUPPLEMENTARY INFORMATION:

FY 2015 awards under CFDA 84.327C Grantee project name

H327C150001 ...... Companion Enterprise, Inc., Tulsa, OK. Project: Narrative Television Network. H327C150007 ...... Bridge Multimedia, Inc., New York, NY. Project: Video Description for the Next Genera- tion. H327C150008 ...... Bridge Multimedia, Inc., New York, NY. Project: Standards Aligned Video Description. H327C150009 ...... Closed Caption Latina, Corp., Winter Springs, FL. Project: Captions and Video Descrip- tion: Educational Tools for Hispanic Children with Disabilities. H327C170002 (Transferred from H327C150003) ...... Captionmax LLC, Minneapolis, MN. Project: Television Access for Preschool and Ele- mentary School Children.

The Department also funds one On April 2, 2020, the Department Final Waivers and Extensions project under CFDA 84.327N, published a notice in the Federal Educational Technology, Media, and Register (85 FR 18508) proposing an The Department is extending the end Materials for Individuals with extension of the project period and a dates of the five video description and Disabilities—Captioned and Described waiver of the requirements in 34 CFR captioning projects to align with that of Educational Media, the Center for the 75.250, which prohibit project periods the DCMP, which ends on September Described and Captioned Media exceeding five years, as well as a waiver 30, 2021, as it will receive its final year Program (DCMP). The purpose of the of the requirements in 34 CFR 75.261(a) of funding in FY 2020. The Department DCMP is to establish and operate an and (c)(2), which allow the extension of does not believe that it is in the public Accessible Learning Center that a project period only if the extension interest to run a competition for CFDA oversees the selection, acquisition, does not involve the obligation of 84.327C in FY 2020. Aligning the end captioning, video description, and additional Federal funds. The proposed dates of these project periods allows the extension and waivers would enable the distribution of educational media Department to better coordinate the Secretary to provide additional funds to through a free loan service for eligible Description and Captioning program. all five projects currently funded under users. The video description and Aligning the project periods of the video CFDA number 84.327C for an additional description and captioning projects and captioning projects are required to use period not beyond September 30, 2021. the DCMP’s portal as a repository so that the DCMP also will improve eligible users can easily access the video Public Comment coordination across projects, allow for described and captioned media. The more efficient use of the funding No comments were submitted in available to support these activities, and DCMP’s project period started on response to our invitation in the notice October 1, 2016, and will end on ensure easier access to a wider range of proposed waiver and extension of the and increasing numbers of captioned September 30, 2021. project periods.

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39834 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

and described educational media and on processes developed by State and care providers. The final rule is programming. local governments for coordination and intended to increase access to care for For these reasons, the Secretary review of proposed Federal financial uniformed service members and waives the requirements in 34 CFR assistance. This document provides veterans and to provide certainty for 75.250, which prohibit project periods early notification of our specific plans health care providers who serve exceeding five years, as well as the and actions for this program. TRICARE beneficiaries. It is also requirements in 34 CFR 75.261(a) and Accessible Format: Individuals with anticipated that this final rule will (c)(2), which allow the extension of a disabilities can obtain this document in result in cost savings for TRICARE project period only if the extension does an accessible format (e.g., braille, large providers. In a reconsideration of its not involve the obligation of additional print, audiotape, or compact disc) on legal position, the final rule provides Federal funds. This waiver allows the request to the contact person listed that OFCCP lacks authority over Federal Department to issue a one-time FY 2020 under FOR FURTHER INFORMATION health care providers who participate in continuation award to each of the five CONTACT. TRICARE. In the alternative, the final currently funded 84.327C projects. Electronic Access to This Document: rule establishes a national interest Any activities carried out during the The official version of this document is exemption from Executive Order 11246, year of this continuation award will be the document published in the Federal Section 503 of the Rehabilitation Act of consistent with, or a logical extension Register. You may access the official 1973, and the Vietnam Era Veterans’ of, the scope, goals, and objectives of the edition of the Federal Register and the Readjustment Assistance Act of 1974 for grantees’ applications as approved in Code of Federal Regulations at health care providers with agreements the FY 2015 competition. The www.govinfo.gov. At this site you can to furnish medical services and supplies requirements for continuation awards view this document, as well as all other to individuals participating in are set forth in 34 CFR 75.253. documents of this Department TRICARE. Thus, even if OFCCP had Waiver of Delayed Effective Date published in the Federal Register, in authority over Federal health care text or Portable Document Format providers who participate in TRICARE The Administrative Procedure Act (PDF). To use PDF you must have (which this rule clarifies it does not), requires that a substantive rule must be Adobe Acrobat Reader, which is OFCCP has determined that special published at least 30 days before its available free at the site. circumstances in the national interest effective date, except as otherwise You may also access documents of the justify granting the exemption as it provided for good cause (5 U.S.C. Department published in the Federal would improve uniformed service 553(d)(3)). A delayed effective date Register by using the article search members’ and veterans’ access to would be contrary to public interest by feature at www.federalregister.gov. medical care, more efficiently allocate creating a gap in production of Specifically, through the advanced OFCCP’s limited resources for described and captioned educational search feature at this site, you can limit enforcement activities, and provide programming and delays in the your search to documents published by greater uniformity, certainty, and notice availability of programming for children the Department. for health care providers participating in with disabilities. Therefore, the TRICARE. Under the final rule, OFCCP Mark Schultz, Secretary waives the delayed effective will retain authority over health care date provision for good cause. Commissioner, Rehabilitation Services providers participating in TRICARE if Administration. Delegated the authority to Regulatory Flexibility Act Certification perform the functions and duties of the they hold a separate covered Federal contract or subcontract that is not for The Secretary certifies that the waiver Assistant Secretary for the Office of Special providing health care services under and extension of the project periods will Education and Rehabilitative Service. TRICARE. TRICARE providers that fall not have a significant economic impact [FR Doc. 2020–12954 Filed 7–1–20; 8:45 am] outside of OFCCP’s authority under this on a substantial number of small BILLING CODE 4000–01–P final rule remain subject to all other entities. The only entities that will be Federal, state, and local laws affected by the waiver and extension of prohibiting discrimination and the project periods are the current DEPARTMENT OF LABOR providing for equal employment grantees. Additionally, the extension of opportunity. an existing project period imposes Office of Federal Contract Compliance minimal compliance costs, and the Programs DATES: This regulation is effective activities required to support the August 31, 2020. additional year of funding will not 41 CFR Parts 60–1, 60–300, and 60–741 FOR FURTHER INFORMATION CONTACT: Tina impose additional regulatory burdens or RIN 1250–AA08 Williams, Director, Division of Policy require unnecessary Federal and Program Development, Office of supervision. Affirmative Action and Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C– Paperwork Reduction Act of 1995 Nondiscrimination Obligations of Federal Contractors and 3325, Washington, DC 20210. This waiver and extension of the Subcontractors: TRICARE Providers Telephone: (202) 693–0104 (voice) or project periods does not contain any (202) 693–1337 (TTY). AGENCY information collection requirements. : Office of Federal Contract SUPPLEMENTARY INFORMATION: Compliance Programs, Labor. Intergovernmental Review ACTION: Final rule. I. Executive Summary These programs are subject to On November 6, 2019, OFCCP issued Executive Order 12372 and the SUMMARY: The U.S. Department of a notice of proposed rulemaking regulations in 34 CFR part 79. One of Labor’s (DOL’s or Department’s) Office (NPRM) to clarify the scope of OFCCP’s the objectives of the Executive order is of Federal Contract Compliance authority 1 under Executive Order to foster an intergovernmental Programs (OFCCP) publishes this final partnership and a strengthened rule to amend its regulations pertaining 1 OFCCP often refers to the scope of its authority federalism. The Executive order relies to its authority over TRICARE health to enforce equal employment opportunity

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39835

11246, as amended (E.O. 11246),2 affirmative action to ensure equal principle that an agency, whenever Section 503 of the Rehabilitation Act of employment opportunity.7 OFCCP, permitted, need not ‘‘continually . . . 1973, as amended (Section 503),3 and situated in the Department of Labor, relitigate issues that may be established the Vietnam Era Veterans’ Readjustment enforces these contracting requirements. fairly and efficiently in a single Assistance Act of 1974, as amended OFCCP requires government contractors rulemaking proceeding’’ that ‘‘could (VEVRAA); 4 and, to dispel any legal to furnish information about their invite favoritism, disunity, and uncertainty, and further the national affirmative action programs (AAPs) and inconsistency.’’ 12 These long-standing interest by explicitly exempting certain related employment records and data so regulatory provisions allowing for health care providers from OFCCP’s OFCCP can ascertain compliance with categorical national interest exemptions enforcement activities. Specifically, in the laws it enforces.8 are owed deference.13 The provision the E.O. 11246, VEVRAA, and Section OFCCP enforces three equal permitting categorical exemption from 503 regulations, OFCCP would revise its employment opportunity laws that definition of ‘‘subcontractor’’—meaning apply to covered Federal contractors: E.O. 11246 was part of the original subcontractors regulated by OFCCP—to E.O. 11246, Section 503, and VEVRAA. notice-and-comment regulation that exclude health care providers with In 1965, President Lyndon B. Johnson implemented the Order, and has been in agreements to furnish medical services signed E.O. 11246, which (as amended) place for over fifty years.14 The and supplies to individuals prohibits discrimination on the basis of provisions permitting categorical participating in TRICARE. race, color, religion, sex, sexual exemptions from VEVRAA and Section During the 30-day comment period, orientation, gender identity, and 503 are patterned similarly and have OFCCP received sixteen comments on national origin, as well as been in place for decades as well.15 the proposed rule.5 Comments came discrimination against applicants or Additionally, E.O. 11246’s predecessor, from a wide variety of organizations, employees because they inquire about, E.O. 10925, contained a similarly- including health care providers, discuss, or disclose their compensation worded exemption provision which was contractor associations, civil rights or that of others, subject to certain implemented through a regulation organizations, state attorneys general, limitations. Congress covered disability providing a substantially similar and members of Congress. The as a protected class through Section 503 categorical exemption.16 OFCCP has comments addressed various aspects of of the Rehabilitation Act in 1973. granted categorical exemptions in the the NPRM. These comments were Congress also covered veterans through national interest in the past.17 OFCCP considered thoroughly and are the Vietnam Era Veterans’ Readjustment also may exercise prosecutorial addressed in the discussion that Assistance Act of 1974, which prohibits discretion in determining its discrimination on the basis of veteran follows. Where appropriate, this enforcement priorities.18 preamble reproduces some of the status. All three laws also require portions of the preamble to the Federal contractors to take affirmative 12 Heckler v. Campbell, 461 U.S. 458, 467 (1983); proposed rule for ease of reference and steps to ensure equal employment see also Lopez v. Davis, 531 U.S. 230, 243–44 to facilitate discussion of the public opportunity in their employment (2001); Am. Hosp. Ass’n v. NLRB, 499 U.S. 606, 612 practices. (1991) (‘‘[E]ven if a statutory scheme requires comments. individualized determinations, the decision maker This final rule adopts in large part the OFCCP has rulemaking authority has the authority to rely on rulemaking to resolve 9 reasoning and proposed regulatory text under all three laws. Additionally, certain issues of general applicability unless as set forth in the NPRM. It concludes OFCCP has authority to exempt a Congress clearly expresses an intent to withhold that removing TRICARE health contract from E.O. 11246, VEVRAA, and that authority.’’ (discussing Campbell, 461 U.S. at Section 503 if the Director of OFCCP 467; FPC v. Texaco, Inc., 377 U.S. 33, 41–44 (1964); providers from OFCCP’s authority is United States v. Storer Broad. Co., 351 U.S. 192, appropriate and consistent with determines that special circumstances 205 (1956)). previously enacted legislation on the in the national interest require doing 13 Cf., e.g., United States v. Cleveland Indians issue and in the national interest. so.10 OFCCP’s regulations allow the Baseball Co., 532 U.S. 200, 220 (2001) (‘‘We do not This final rule is an E.O. 13771 Director to grant national interest resist according such deference in reviewing an exemptions to groups or categories of agency’s steady interpretation of its own 61-year- deregulatory action because it is old regulation implementing a 62-year-old statute. expected to reduce compliance costs contracts where he or she finds it Treasury regulations and interpretations long and potentially the cost of litigation for impracticable to act upon each request continued without substantial change, applying to regulated entities. for an exemption individually or where unamended or substantially reenacted statutes, are the exemption will substantially deemed to have received congressional approval II. Legal Authority contribute to convenience in the and have the effect of law.’’) (quoting Cottage Sav. Ass’n v. Commissioner, 499 U.S. 554, 561 (1991)). 11 Federal law requires government administration of the laws. These 14 See 33 FR 7804, 7807 (May 28, 1968); see also contractors to refrain from categorical exemptions follow the 33 FR 3000, 3003 (Feb. 15, 1968) (notice of discriminating on the basis of race, sex, proposed rulemaking). and other grounds.6 Additionally, 7 See E.O. 11246, section 202(1); 29 U.S.C. 793(a); 15 See 39 FR 20566, 20568 (June 11, 1974); 41 FR government contractors must take 38 U.S.C. 4212(a)(1); 41 CFR 60–1.40, –2.1 through 26386, 26387 (June 25, 1976). –2.17; id. –60–300.40 through –300.45; id. –60– 16 See E.O. 10925 section 303; 41 CFR 60– 741.40 through –741.47. 1.3(b)(1) (1962). requirements as its jurisdiction. For this final rule, 8 E.O. 11246, section 202(6); 41 CFR 60–1.4(a)(6), 17 See OFCCP, COVID–19 National Interest OFCCP believes the word authority is more precise, –1.43; id. –60–300.40(d), –300.81; id. –60– Exemption, https://www.dol.gov/agencies/ofccp/ since OFCCP does not have adjudicative power. 741.40(d), –741.81; see also Chrysler Corp. v. national-interest-exemption (last accessed April 23, 2 E.O. 11246, 30 FR 12319 (Sept. 24, 1965). Brown, 441 U.S. 281, 286 (1979). 2020); OFCCP, Hurricane Recovery National 3 29 U.S.C. 793. 9 E.O. 11246 section 201; 38 U.S.C. 4212(a)(2); 29 Interest Exemptions, https://www.dol.gov/ofccp/ 4 38 U.S.C. 4212. U.S.C. 793(a); E.O. 11758, § 2; Sec’y Order 7–2009, hurricanerecovery.htm (last accessed April 23, 5 One of these comments was found to be non- 74 FR 58834 (Nov. 13, 2009). 2020). responsive to the NPRM. 10 E.O. 11246 section 204; E.O. 11758 §§ 2–3, as 18 See 5 U.S.C. 701(a)(2); Heckler v. Chaney, 470 6 As used in this preamble, the term contractor amended; 29 U.S.C. 793(c)(1); 41 CFR 60– U.S. 821, 831 (1985); Andrews v. Consol. Rail Corp., includes, unless otherwise indicated, federal 300.4(b)(1). E.O. 11246 refers to an ‘‘exemption’’ 831 F.2d 678, 687 (7th Cir. 1987); Clementson v. government contractors and subcontractors. When while VEVRAA and Section 503 use the term Brock, 806 F.2d 1402, 1404–05 (9th Cir. 1986); used in reference to E.O. 11246, it also includes ‘‘waiver.’’ This final rule uses the term ‘‘exemption’’ Carroll v. Office of Fed. Contract Compliance federally assisted construction contractors and to refer to both. Programs, U.S. Dep’t of Labor, 235 F. Supp. 3d 79, subcontractors. 11 41 CFR 60–1.5(b)(1), –300.4(b)(1), –741.4(b)(1). 84 (D.D.C. 2017).

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39836 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

III. Administrative and Regulatory come within OFCCP’s authority under entities from E.O. 11246, VEVRAA, and Background E.O. 11246.26 Section 503 if the Director of OFCCP As defined in regulation, a covered determines that special circumstances A. Overview of OFCCP’s Areas of ‘‘contract’’ includes a ‘‘contract or a in the national interest require doing Authority subcontract.’’ 27 A prime contract is an so.32 E.O. 11246, VEVRAA, and Section agreement with the Federal Government B. Overview of Prior Treatment of 503 apply to entities holding covered agency itself. A ‘‘subcontract’’ is government contracts and Health Care Providers Participating in subcontracts.19 OFCCP has authority to any agreement or arrangement between a TRICARE contractor and any person (in which the enforce the requirements of these three parties do not stand in the relationship of an OFCCP has audited health care laws and their implementing employer and an employee): providers who are government regulations. Contractors agree to those (1) For the purchase, sale or use of personal contractors, and it will continue to do requirements in the equal opportunity property or nonpersonal services which, in so under this final rule.33 Provided clauses included in their contracts with whole or in part, is necessary to the below is a brief overview of TRICARE the Federal Government, clauses which performance of any one or more contracts; or and developments regarding OFCCP’s also require contractors to ‘‘flow down’’ (2) Under which any portion of the interpretations and practice regarding these requirements to any contractor’s obligation under any one or more contracts is performed, undertaken or its authority over health care providers subcontractors. The text of these clauses 28 participating in TRICARE. is set forth in E.O. 11246 section 202 assumed. and the implementing regulations for all Although, in general, organizations 1. Background on TRICARE three programs, and is also found in part holding a contract or subcontract as TRICARE is the Federal health care 52 of title 48 of the Code of Federal defined are covered under E.O. 11246, program serving uniformed service Regulations, which contains the Federal Section 503, and VEVRAA, some members, retirees, and their families.34 Acquisition Regulation’s standard exemptions apply. Contractors that hold TRICARE is managed by the Defense contract clauses.20 Federal law provides only contracts below OFCCP’s basic Health Agency, which contracts with that these clauses ‘‘shall be considered monetary thresholds are exempt.29 managed care support contractors to to be part of every contract and Certain affirmative action requirements administer each TRICARE region. The subcontract required by [law] to include only apply depending on the type and managed care support contractors enter 21 such a clause.’’ This is true ‘‘whether dollar value of the contract held as well into agreements with individual and or not the [equal opportunity clause] is as the contractor’s number of institutional health care providers in physically incorporated in such employees.30 The regulations also order to create provider networks for 22 contracts.’’ Persons who have no exempt some categories of contracts fee-for-service, preferred-provider, and contractual (or subcontractual) under certain circumstances or for health maintenance organization relationship with the Federal limited purposes, including those (HMO)-like programs. Fee-for-service Government, however, have no involving work performed outside the plans reimburse beneficiaries or the obligation to adhere to OFCCP’s United States; certain contracts with health care provider for the cost of 23 substantive requirements. state or local governments; contracts covered services. The TRICARE HMO- OFCCP’s regulations define with religious corporations, like program involves beneficiaries ‘‘government contract’’ as any associations, educational institutions or generally agreeing to use military agreement or modification thereof societies; educational institutions treatment facilities and designated between a department or agency of the owned in whole or in part by a civilian providers and to follow certain Federal Government and any person for particular religion or religious managed care rules and procedures to the purchase, sale, or use of personal organization; and contracts involving obtain covered services. property or nonpersonal services.24 work on or near an Indian reservation.31 Agreements pertaining to programs or Additionally, as discussed earlier in 2. OFCCP and Health Care Providers activities receiving Federal financial this final rule, OFCCP has authority to Participating in TRICARE assistance, however, are not considered exempt entities and categories of In 2007, OFCCP for the first time in covered contracts, nor are other litigation asserted enforcement authority noncontract government programs or 26 41 CFR 60–1.1. over a health care provider based solely 25 27 activities. Federally assisted Id. 60–1.3, –300.2, –741.2. on the hospital’s delivery of medical construction contracts, however, do 28 Id. 60–1.3, –300.2(x), –741.2(x). 29 Id. 60–1.5(a)(1), –300.4(a)(1), –741.4(a)(1). E.O. care to TRICARE beneficiaries. The 11246’s basic obligations apply to businesses provider in this case, a hospital in 19 See E.O. 11246 section 202; 29 U.S.C. 793(a); holding a government contract in excess of $10,000, 38 U.S.C. 4212(a)(1). Florida, disagreed with OFCCP’s view, or government contracts which have, or can 20 and OFCCP initiated enforcement See 48 CFR 52.222–26, –35, –36. reasonably be expected to have, an aggregate total 21 41 CFR 60–14(e), –741.5(e), –250.5(e). value exceeding $10,000 in a 12-month period. E.O. proceedings in 2008 under the caption 22 Id. 11246 also applies to government bills of lading, OFCCP v. Florida Hospital of Orlando. 23 See 41 CFR 60–1.1 (‘‘The regulations in this depositories of federal funds in any amount, and to In 2010, an administrative law judge part apply to all contracting agencies of the financial institutions that are issuing and paying (ALJ) found for the agency.35 Government and to contractors and subcontractors agents for U.S. Savings Bonds. Section 503 applies who perform under Government contracts, to the to federal contractors and subcontractors with extent set forth in this part.’’); see also id. –300.1(b), contracts in excess of $15,000. VEVRAA applies to 32 E.O. 11246, section 204; 29 U.S.C. 793(c)(1); 41 –741.1(b). federal contractors and subcontractors with CFR 60–300.4(b)(1). 24 Id. 60–1.3, –300.2(n), –741.2(k). contracts of $150,000 or more. The coverage 33 As noted throughout this final rule, health care 25 See id. 60–1.1, –300.1(b), –741.4(a). Programs thresholds under Section 503 and VEVRAA providers who are prime government contractors, or and activities receiving federal financial assistance increased from those listed in the statutes and who hold subcontracts apart from their provider must comply with various other nondiscrimination OFCCP’s regulations in accordance with the relationship to a government health care program laws, including Title VI of the Civil Rights Act of inflationary adjustment requirements in 41 U.S.C. included in this rule, would remain under OFCCP’s 1964 (prohibiting discrimination on the basis of 1908. See 80 FR 38293 (July 2, 2015); 75 FR 53129 authority. race, color, or national origin) and Section 504 of (Aug. 30, 2010). 34 See 32 CFR 199.17(a). the Rehabilitation Act of 1973 (prohibiting 30 41 CFR 60–1.40, –300.40, –741.40. 35 OFCCP v. Fla. Hosp. of Orlando, No. 2009– discrimination on the basis of disability). 31 See id. 60–1.5, –300.4, –741.4. OFC–00002, 2010 WL 8453896 (ALJ Oct. 18, 2010).

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39837

In December 2010—soon after the ‘‘subcontract.’’ 41 The Department’s ARB extended the moratorium out of concern ALJ’s decision in Florida Hospital— remanded to the ALJ, however, to that the approaching expiration of the OFCCP issued a new directive on health determine whether TRICARE moratorium and accompanying care providers that superseded previous constituted Federal financial assistance uncertainty over the applicability of the directives.36 Directive 293 asserted that outside OFCCP’s jurisdiction. Judge laws OFCCP enforces might contribute OFCCP had authority over certain Igasaki and Judge Edwards dissented on to the difficulties veterans and health care providers participating in the basis of their original opinion in the uniformed service members face when TRICARE and other government health Board’s first decision. They concluded accessing health care. The Directive also care programs. that ‘‘the enactment of Section 715 of explained that the extension would the NDAA removes OFCCP’s Congress responded the next year. provide additional time to receive jurisdiction under either Prong One or The National Defense Authorization Act feedback from stakeholders. The Prong Two based on the specific for Fiscal Year 2012 (NDAA) included a Directive extended the scope of the provision addressing the maintenance of contract at issue in this case.’’ 42 moratorium to cover providers the adequacy of provider networks While the remand of Florida Hospital participating in the Department of under the TRICARE program and was pending, Congress introduced legislation to exempt all health care Veterans Affairs’ health benefits TRICARE health care providers as 49 purported Government subcontractors. providers from OFCCP’s enforcement programs. Sec. 715 of the NDAA provided that, for activities and held a hearing regarding IV. Discussion of Public Comments the purpose of determining whether OFCCP’s enforcement activities.43 The network providers under TRICARE Secretary of Labor at the time, in a letter A. Length of Comment Period provider network agreements are to the leaders of the House Committee Some commenters criticized the 30- Government subcontractors, a TRICARE on Education and the Workforce and the managed care support contract that Subcommittee on Workforce Protection, day comment period as impermissibly includes the requirement to establish, stated that the leaders ‘‘ha[d] made clear short. For example, a women’s civil manage, or maintain a network of that, in [their] judgment, Congress rights organization, on behalf of five providers may not be considered to be intended to eliminate entirely OFCCP’s other civil rights organizations, a contract for the performance of health jurisdiction over TRICARE commented that a 30-day comment 44 care services or supplies on the basis of subcontractors.’’ The Secretary’s letter period was inconsistent with the APA such requirement.37 proposed that ‘‘in lieu of legislative and applicable executive orders and In April 2012, 16 months after it had action,’’ OFCCP would ‘‘exercise provided insufficient time given the been issued, OFCCP formally rescinded prosecutorial discretion over the next ‘‘breadth and substance of the Directive 293.38 Meanwhile, the Florida five years to limit its enforcement information sought.’’ The organization Hospital litigation continued. Six activities with regard to TRICARE also stated that a 30-day comment 45 months after OFCCP formally rescinded subcontractors.’’ period is inconsistent with a November Directive 293, in October 2012, the In May 2014, OFCCP issued Directive 18, 2019 report by DOL’s Office of 2014–01, establishing a five-year Department’s Administrative Review Inspector General regarding rulemaking. moratorium on enforcement of Board (ARB or Board) held that the A group of state attorneys general NDAA’s amendment to the TRICARE affirmative action obligations for health commented that ‘‘executive agencies statute precluded OFCCP from asserting care providers deemed to be TRICARE subcontractors.46 OFCCP also have followed a presumption that a authority over the Florida hospital.39 administratively closed its open minimum of sixty days is necessary to The Board dismissed OFCCP’s compliance reviews of contractors administrative complaint against the provide the affected public with a covered by the moratorium, which hospital. Four of the five judges agreed meaningful opportunity to comment on resulted in the dismissal of the Florida that the hospital did not satisfy the proposed agency regulations[.]’’ A Hospital case.47 On May 18, 2018, second prong of OFCCP’s regulatory member of Congress commented that OFCCP issued Directive 2018–02, a two- definition of ‘‘subcontract.’’ Two judges, ‘‘[a]pproximately 86 percent of rules (12 year extension of the previous Judge Corchado and Judge Royce, would out of 14) proposed by OFCCP since moratorium.48 Pursuant to this have found for the agency on the basis 2000 have afforded the public an initial Directive, the moratorium will expire on of the first prong of the regulatory comment period of approximately 60 May 7, 2021. OFCCP explained that it definition of ‘‘subcontract.’’ 40 days and has even been extended in several instances.’’ The Board subsequently granted 41 OFCCP v. Fla. Hosp. of Orlando, No. 11–011, OFCCP’s request for reconsideration. 2013 WL 3981196 (ARB July 22, 2013). These commenters also requested an This time, a three-judge majority ruled 42 Id. at *25 (Igasaki & Edwards, JJ., dissenting). extension to the comment period. After for the agency. In July 2013, the Board 43 H.R. 3633, Protecting Health Care Providers from Increased Administrative Burdens Act, considering their requests, the concluded that the Florida hospital at Department determined that the original issue satisfied the first prong of the Hearing Before the Subcomm. On Workforce Protections of the H. Comm. on Educ. & the 30-day comment period provided agency’s regulatory definition of Workforce, 113th Cong. (Mar. 13, 2014) [hereinafter adequate time for the public to comment ‘‘2014 Hearing’’]. 36 See OFCCP, Directive 293, Coverage of Health 44 Id. at 3–5 (Sec’y of Labor Thomas E. Perez, on the proposed rule. Notably, the Care Providers and Insurers (Dec. 16, 2010) Letter to Congressional Leaders, Mar. 11, 2014). Administrative Procedure Act (APA) (rescinded Apr. 25, 2012). 45 Id. at 4. does not set forth a mandatory 37 Public Law 112–81 section 715, 125 Stat. 1298, 46 OFCCP, Directive 2014–01, TRICARE minimum time for public comments, 1477 (2011), codified at 10 U.S.C. 1097b(a)(3). Subcontractor Enforcement Activities (May 7, but rather more generally requires an 38 See Notice of Rescission No. 301 (Apr. 25, 2014). 2012). 47 OFCCP v. Fla. Hosp. of Orlando, No. 2009– ‘‘opportunity to participate in the rule 39 OFCCP v. FLA. Hosp. of Orlando, No. 11–011, OFC–00002 (ALJ Apr. 1, 2014). making through submission of written 2012 WL 5391420 (ARB Oct. 19, 2012). 48 OFCCP, Directive 2018–02, TRICARE 40 Judge Brown concluded that the question about Subcontractor Enforcement Activities (May 18, 49 Id. at 1 n.1. the first prong was not properly before the Board. 2018).

VerDate Sep<11>2014 18:09 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39838 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

data, views, or arguments.’’ 50 Thirty- Hospital. Specifically, the organization network providers’’—e.g., hospitals and day public comment periods are broadly commented that an earlier draft of the physicians—‘‘are subcontractors . . . , viewed as permissible under the APA, NDAA included language that more a TRICARE managed care support particularly where, as here, the proposal clearly removed OFCCP’s authority contract that includes the requirement is fairly straightforward and is not under both prongs of the subcontractor to establish, manage, or maintain a detailed or highly technical in nature.51 definition; this language was not network of providers may not be B. Reconsidering OFCCP’s Authority included in the final bill. One member considered to be a contract for the Over TRICARE Providers of Congress expressed the opinion that performance of health care services on the ‘‘enacted language, and the express the basis of such requirement.’’ The Since bringing the Florida Hospital rejection of language stating network ARB held in Florida Hospital that it case over a decade ago, and as reiterated providers are not considered could nonetheless deem a health care in its 2014 and 2018 moratoria, OFCCP subcontractors in the Senate-passed provider a subcontractor where the has held the position that it holds provision, demonstrates that Congress TRICARE regional administrator could authority over TRICARE providers. In intended to create a narrow exception in not ‘‘fulfill its contract to create an preparing this final rule, OFCCP has certain instances—not a wholesale integrated health delivery system carefully examined the authorities it exemption.’’ without the services from network administers, its legal position as stated Other commenters noted the salutary providers like Florida Hospital.’’ 53 But, in litigation and repeated public effect the rule change will have on the upon reconsideration, OFCCP now statements and guidance, the decisions provision of health care services. A believes the dissenting opinion in in Florida Hospital, Congress’s recent Catholic health care network wrote that Florida Hospital gave the better reading actions, and comments received in it ‘‘concurs that the proposed regulation of the statute. The dissent explained response to the NPRM. OFCCP has amendment will accomplish the that because the ‘‘managed care prime concluded that its recent assertions of intended goal, and will ultimately contract . . . includes the requirement authority over TRICARE providers increase or improve uniformed service to maintain a network of providers, warrant reconsideration. members’ and veterans’ access to Some commenters agreed that Section OFCCP’s jurisdiction is removed. Under medical care.’’ A consortium of federal 715 of the 2012 NDAA removed Section 715, the subcontract is no longer contractors and subcontractors OFCCP’s authority over TRICARE a ‘subcontract’ under [OFCCP’s providers. For example, an employer commented that ‘‘[a]n express regulatory definition] because the association commented that ‘‘the NDAA regulatory provision eliminating element of the contract that is ‘necessary specifies that an agreement to provide coverage for health care providers that to the performance of any one or more health care services cannot be necessary provide supplies or services to contracts’ involves the provisions of to the establishment or maintenance of TRICARE beneficiaries would remove health care network provider services to a health care network; under OFCCP’s this uncertainty and provide much TRICARE beneficiaries.’’ 54 The regulatory definitions, this means that needed clarity for this industry.’’ dissent’s reading would prevent the such an agreement cannot be a Finally, a group of three members of statute from becoming a nullity—since subcontract.’’ 52 Likewise, a consortium Congress commented that the proposed the purpose of creating a provider of federal contractors and rule ‘‘will increase access to health care network is to provide health care. subcontractors commented that ‘‘the services for TRICARE beneficiaries.’’ Some commenters raised section proper interpretation of the NDAA OFCCP considered these comments. 715’s legislative history. The excludes TRICARE providers from the For the reasons set forth below, OFCCP predominating fact in the legislative definition of [‘]subcontractor[’] pursuant interprets the 2012 NDAA to remove history of section 715 is that Congress to the OFCCP’s regulations.’’ OFCCP’s authority over TRICARE enacted it in response to OFCCP’s Other commenters disagreed. An providers, and it is a proper use of express claim of authority over LGBT rights organization contended OFCCP’s regulatory authority to TRICARE providers. A construction of that the ARB correctly held in Florida reconsider its previous position and the statute that would render it a nullity Hospital that the NDAA did not remove conform its regulations to that would not be consistent with OFCCP’s authority. A women’s civil legislative effort. congressional intent in light of this rights organization, on behalf of When OFCCP issued Directive 293, historical context. Further, little can be seventeen other civil rights asserting authority over these health drawn from the legislative history noted organizations, commented that ‘‘[t]he care providers, Congress reacted quickly by commenters, especially the vague legislative history of Section 715 by enacting Section 715 of the 2012 Statement of Administration Policy.55 supports’’ the ARB’s decision in Florida NDAA. ‘‘Where an agency’s statutory At best, it shows that (i) an earlier draft construction has been fully brought to of the bill could have exempted 50 5 U.S.C. 553(c); see also Phillips Petroleum Co. the attention of the public and the TRICARE providers from OFCCP v. U.S. E.P.A., 803 F.2d 545, 559 (10th Cir. 1986) Congress, and the latter has not sought authority even if they held other, (‘‘The opportunity to participate is all the APA to alter that interpretation although it requires. There is no requirement concerning how unrelated federal contracts, and (ii) the many days the [agency] must allow for comment or has amended the statute in other language was revised to clarify that that the [agency] must re-open the comment period respects, then presumably the legislative TRICARE providers would not be at the request of one of the participants.’’). intent has been correctly discerned.’’ N. subject to OFCCP by virtue of their 51 See, e.g., Conn. Light & Power Co. v. Nuclear Haven Bd. of Ed. v. Bell, 456 U.S. 512, Regulatory Comm’n., 673 F.2d 525, 534 (D.C. Cir. TRICARE agreements, but could still be 1982) (upholding a thirty-day comment period even 535 (1982) (internal quotation marks subject to OFCCP if they held other though the ‘‘technical complexity’’ of the regulation omitted). OFCCP’s history in this area agreements outside of TRICARE. was ‘‘such that a somewhat longer comment period shows the opposite with regard to might have been helpful’’); see also Conference of State Bank Supervisors v. Office of Thrift TRICARE providers. 53 Fla. Hosp., 2013 WL 3981196, at *19. Supervision, 792 F. Supp. 837, 844 (D.D.C. 1992) The text and surrounding context of 54 Id. at *29. (upholding the sufficiency of a thirty-day comment section 715 itself make clear that 55 See Statement of Administration Policy, period). Congress sought to reverse OFCCP’s Executive Office of the Pres., Office of Mgmt. & 52 This organization also commented that the assertion of authority over TRICARE Budget, S. 1867—National Defense Authorization 2018 VA Mission Act, 38 U.S.C. 1703A(i)(1), Act for FY 2012 (Nov. 17, 2011), provides additional statutory support to OFCCP’s providers. The section states, ‘‘For the obamawhitehouse.archives.gov/sites/default/files/ position. purpose of determining whether omb/legislative/sap/112/saps1867s_20111117.pdf.

VerDate Sep<11>2014 18:09 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39839

For these reasons, after careful would make it ‘‘much more difficult to unable to obtain urgent and life-saving consideration, OFCCP has reconsidered build and retain provider networks.’’ 57 treatment. The willingness of health its position and now concludes that it TRICARE managed care support care providers to participate in does not have authority over TRICARE contractors similarly stated in an amicus TRICARE is thus especially important. providers. brief that subjecting TRICARE providers OFCCP requested comments from to OFCCP’s requirements would ‘‘make stakeholders to help it more thoroughly C. Establishing a National Interest the already difficult task of finding evaluate the potential impact of OFCCP Exemption for Health Care Providers health care professionals willing to act compliance on uniformed service Participating in TRICARE as network providers even more members’ and veterans’ health care OFCCP believes that lasting certainty difficult.’’ 58 A partner of a law firm provider networks. In particular, OFCCP for TRICARE health care providers and testified that he has seen health care sought comments from health care patients is in the national interest. provider clients choose not to providers regarding the impact of Therefore, through this final rule participate in TRICARE and in other potential Federal subcontractor status OFCCP is also establishing, as an programs because of the costs of on their decision to participate in health alternative, an exemption from E.O. compliance.59 The American Hospital care programs for uniformed service 11246, Section 503, and VEVRAA for Association also testified that some members and veterans. These comments health care providers with agreements hospitals may decline to participate out are discussed later in this section. to furnish medical services and supplies of concern that they could be found to Second, OFCCP believes that an to individuals participating in be Federal contractors.60 exemption is in the national interest TRICARE. Nothing in this action is Providers’ decisions not to participate because pursuing enforcement efforts intended to interfere with OFCCP’s vital may exacerbate the well-documented against TRICARE providers is not the mission of enforcing equal employment difficulties that uniformed service best use of its and providers’ resources. opportunity in organizations that members, veterans, and their families Given the history in this area, such contract with the government. OFCCP have accessing health care.61 The attempts—which would occur in the will retain authority over a health care unique nature of the health care system absence of this final rule—could again provider participating in such a network heightens OFCCP’s concern about the meet with protracted litigation and or arrangement if the health care refusal of providers to participate in unclear ultimate results: The Florida provider holds a separate covered health care programs for uniformed Hospital case proceeded for seven years Federal contract or subcontract. But as service members and veterans. Creating and would have continued for some explained below, OFCCP believes that adequate networks of providers is a time into the future had it not been there are several reasons why special critical component of ensuring access to voluntarily dismissed. OFCCP believes circumstances in the national interest health care. These networks need to its limited resources are better spent warrant an exemption for TRICARE offer comprehensive services and cover elsewhere, and it would be health care providers who do not hold all geographical areas where unreasonable to impose substantial such separate contracts. beneficiaries reside. An inadequate compliance costs on health care First, OFCCP is concerned that the network may mean that beneficiaries are providers when the legal justification prospect of exercising authority over for doing so would be open to challenge TRICARE providers is affecting or will 57 2014 Hearing, supra note 43, at 24–26, 46–47, in light of the language in the NDAA affect the government’s ability to 149 (Prepared Statement and Testimony of Thomas and the question left unresolved in provide health care to uniformed service Carrato, President, Health Net Federal Services). Florida Hospital as to whether TRICARE members, veterans, and their families. 58 Amicus Brief of Humana Military Health Services, Inc., Health Net Federal Services, LLC, constitutes Federal financial assistance. Congressional inquiries and testimony, and TriWest Healthcare Alliance dated May 2, Third, OFCCP believes an exemption as well as amicus filings in the Florida 2012, at 9, Fla. Hosp., 2013 WL 3981196; see also would be in the national interest Hospital litigation, and comments Amicus Brief of Human Military Health Services, because it would provide uniformity received in response to the NPRM, have Inc., Health Net Federal Services, LLC, and TriWest Healthcare Alliance dated December 29, 2010, at 2, and certainty in the health care brought to OFCCP’s attention the risk Fla. Hosp., 2013 WL 3981196 (‘‘Subjecting the community with regard to legal that health care providers may be network providers to Federal affirmative action obligations concerning participation in declining to participate in Federal requirements will make it more difficult for the TRICARE. OFCCP conducts a case-by- health care programs that serve [TRICARE managed care support] contractors to find and retain providers willing to sign network case inquiry as to whether a particular members of the military and veterans agreements due to the added compliance entity is a covered subcontractor. The because of the presumed costs of requirements.’’). proposed exemption would dispense compliance with OFCCP’s regulations.56 59 2014 Hearing, supra note 43, at 34–35, 47 with an agreement-by-agreement The former president of a TRICARE (Statement and Testimony of David Goldstein, analysis and the attendant uncertainty, managed care support contractor Shareholder, Littler Mendelson P.C.). legal costs, and litigation risk. Providers 60 Id. at 17–18 (Prepared Statement of the testified that he feared they would lose American Hospital Association); 2013 Hearing, could choose to furnish medical smaller providers in their network supra note 56, at 139 (Testimony of Curt Kirschner, services to beneficiaries of different because of the administrative costs and Partner, Jones Day, on behalf of the American types of TRICARE programs without burdens associated with OFCCP’s Hospital Association). hiring costly lawyers and performing 61 See, e.g., Government Accountability Office requirements, and he predicted that it Report, GAO–18–361, TRICARE Surveys Indicate time-intensive contract analysis to Nonenrolled Beneficiaries’ Access to Care Has determine, as best they can, whether 56 2014 Hearing, supra note 43; Examining Recent Generally Improved (Mar. 2018), available at they are a subcontractor or simply a Actions by the Office of Federal Contract https://www.gao.gov/assets/700/690964.pdf. The provider. Compliance Programs, Hearing Before the GAO found that, although there has been a slight Subcomm. on Workforce Protections of the H. improvement in TRICARE beneficiaries’ access to This exception would also harmonize Comm. on Education and the Workforce, 113th care, 29 percent of nonenrolled beneficiaries still OFCCP’s approach with that of the Cong. (2013) [hereinafter 2013 Hearing]; Reviewing reported that they experienced problems finding a Department of Defense. OFCCP is the the Impact of the Office of Federal Contract civilian provider. Nonenrolled beneficiaries are office charged with administering and Compliance Programs’ Regulatory and Enforcement those that have not enrolled in TRICARE Prime, Actions, Hearing Before the Subcomm. on Health, which is a managed care option that that mostly enforcing its authorities, but comity Emp’t, Labor & Pensions of the H. Comm. on Educ. relies on military hospitals and clinics to provide between agencies is desirable whenever & the Workforce, 112th Cong. (2012). care. possible, reduces confusion for the

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39840 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

public, and helps ensure evenhanded outcome’’ of increasing access to health to convenience in the administration of and efficient administration of the law. care for veterans. the laws.66 The Department of Defense stated in the Other commenters opposed a national A women’s civil rights organization, Florida Hospital litigation that ‘‘it interest exemption. For example, a on behalf of seventeen other civil rights organizations, commented that OFCCP would be impossible to achieve the women’s civil rights organization, on lacks the legal authority to ‘‘authorize a TRICARE mission of providing behalf of seventeen other civil rights categorical exemption of the sort’’ affordable health care for our nation’s organizations, disagreed that the described in this final rule. The active duty and retired military NPRM’s rationales support the organization argued that E.O. 11246 members and their families’’ if all exemption. The organization viewed as only allows for categorical exemptions TRICARE providers were subject to anecdotal OFCCP’s concerns that 62 in specifically enumerated OFCCP’s requirements. The compliance requirements are unduly Department of Defense also classifies circumstances, none of which apply in burdensome for TRICARE providers. A the instant case. However, as discussed TRICARE as Federal financial assistance member of Congress commented that in DoD Directive 1020.1.63 A unified above, the applicable regulations past exemptions have been issued only authorize the Director of OFCCP to approach should reduce confusion for in response to ‘‘earthquakes, wildfires, the public and assist coordination in exempt groups or categories of contracts flooding, and hurricanes’’ and that there regulating government contracts in the when it would be impracticable for were no such special circumstances health care field.64 OFCCP to act on individual requests here because there is no underlying As noted earlier, of course, the and where a group exemption would natural disaster. Finally, an LGBT rights substantially contribute to the uniformed service members and organization commented that the veterans’ health care providers convenience in the administration of the ‘‘federal government must be in the laws. See 41 CFR 60–1.5(b)(1), discussed here would still be subject to business of eradicating discrimination’’ OFCCP’s authority if they are prime –300.4(b)(1), –741.4(b)(1); see also supra and that the proposed rule falls short of discussion at sections II (Legal contractors or have a covered this mandate. subcontract with a government Authority), III.A (Overview of OFCCP’s contractor. For example, a teaching OFCCP agrees with the comments Areas of Authority). hospital that participates as a TRICARE supporting a national interest D. OFCCP’s Authority Over FEHBP provider but that also has a research exemption as an alternative basis for relieving TRICARE providers from In the NPRM, OFCCP requested contract with the Federal Government comments on whether health care would still be considered a covered complying with OFCCP’s legal obligations. For the reasons discussed in providers participating in the Federal contractor subject to OFCCP authority. Employees Health Benefits Program Several commenters supported a this section, the Director of OFCCP has determined that the exemption (FEHBP) should not be covered by national interest exemption. For 67 proposed in the NPRM is justified by OFCCP’s authority. OFCCP was example, a veteran’s health care interested in comments from organization wrote that it ‘‘urges the special circumstances in the national interest because it will increase access stakeholders and health care providers adoption of the National Interest that serve federal employees, such as Exemption as described’’ in the NPRM. to care for uniformed service members and veterans, allow OFCCP to better FEHBP, about the impact of OFCCP’s An employer association commented requirements and if there is difficulty that it ‘‘agrees with the points OFCCP allocate its resources, and provide uniformity and certainty for the attracting and retaining participating offers in support of its National Interest providers. In the past, some Exemption rationale’’ because the high government and for TRICARE health care providers. OFCCP’s conclusions are stakeholders have indicated that other cost of compliance ‘‘take[s] time away government health care programs may from patient care’’ and causes providers not supported by insufficient evidence, as one commenter alleged, but rather are face difficulties similar to TRICARE. to ‘‘simply not participate in TRICARE.’’ Some commenters supported supported by evidence which includes A consortium of federal contractors and exempting FEHBP. An association of Congressional testimony, evidence subcontractors commented that health care organizations commented complying with OFCCP’s requirements generated in the Florida Hospital that many hospitals participate in both ‘‘can exponentially increase an litigation, and comments received in TRICARE and FEHBP and that health organization’s operating expenses.... response to the NPRM. Finally, OFCCP’s care providers ‘‘could drop out of [T]he prospect of complying with these authority to issue national interest FEHBP networks to preserve their additional regulatory burdens will exemptions is not limited only to TRICARE exemption, and access to care discourage many valuable and circumstances involving natural important health care providers from disasters. E.O. 11246, VEVRAA, Section 66 41 CFR 60–1.5(b)(1), –300.4(b)(1), –741.4(b)(1). becoming TRICARE providers.’’ A 503, and the implementing regulations 67 FEHBP serves civilian federal employees, Catholic health care network of all three laws grant OFCCP broad annuitants, and their dependents. 5 U.S.C. 8901 et authority to issue exemptions.65 seq. The program is administered by the U.S. Office commented that the proposed rule of Personnel Management. FEHBP offers two ‘‘would ultimately provide the desired The Director of OFCCP has also general types of plans: Fee-for-service plans and determined that the requirements have HMO plans. The Department’s Administrative Review Board held OFCCP did not have authority 62 been met for granting an exemption to OFCCP v. Fla. Hosp. of Orlando, No. 2009– over a health care provider based on a OFC–002, 2010 WL 8453896, at *2 (ALJ Oct. 18, a group or category of contracts. Since reimbursement agreement with a health insurance 2010). there are tens of thousands of providers carrier offering a fee-for-service FEHBP plan, but 63 See Dep’t of Defense, Directive 1020.1, that may be eligible for the exemption, did have authority over a health care provider’s Nondiscrimination on the Basis of Handicap in agreement to provide services pursuant to a FEHBP Programs and Activities Assisted or Conducted by it would be impracticable for OFCCP to HMO plan. See OFCCP v. UPMC Braddock, No. 08– the Department of Defense, ¶ E1.1.2.21 (Mar. 31, act upon each provider’s request 048, 2009 WL 1542298 (ARB May 29, 2009), aff’d, 1982). individually and issuing a group UPMC Braddock v. Harris, 934 F. Supp. 2d 238 64 Note that this regulation would not affect exemption will substantially contribute (D.D.C. 2013), vacated as moot, UPMC Braddock v. health care entities’ obligations under Title VII of Perez, 584 F. App’x 1 (D.C. Cir. 2014); In re the Civil Rights Act or other civil rights laws Bridgeport Hosp., No. 00–023, 2003 WL 244810 enforced by other agencies. 65 See notes 10 to 18. (ARB Jan. 31, 2003).

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39841

for the federal employee population commenters cited broad policy-based were one of the new arrangements could be affected.’’ An association of concerns. For example, a Lutheran created under the law for that independent health care plans health care provider that has several purpose.71 The inclusion of VCAs in the commented that ‘‘a uniform OFCCP legacy contracts with the Veteran’s 2018 VA MISSION Act gave VA the exemption for FEHB, similar to what is Administration commented that it faces authority to enter into these being proposed for TRICARE, would increased financial burdens preparing arrangements to address gaps in care remove a potential barrier to provider OFCCP compliance reports: ‘‘the added that may arise in hospital care, medical contracting . . . .’’ A consortium of cost and regulatory oversight explains services, and/or extended care services. federal contractors and subcontractors why compliance as a federal contractor VCAs are executed when specific care is commented that ‘‘[a] uniform rule that is a constraint that requires us to needed but cannot be obtained within applies to health care providers carefully consider each contract we the current VA provider networks. involved in federal government health enter into with the Veteran’s These agreements are intended to be care programs is necessary to avoid legal Administration.’’ An association of used in limited circumstances when the uncertainty for the medical field.’’ A long-term and post-acute care providers care necessary for treatment is either group of three members of Congress commented that ‘‘[t]he result [of insufficient or non-existent. commented that the House Committee government regulations] has been Some of the commenters raising this on Education and Labor held hearings limited long-term care options for issue asserted that statutory language in in 2014 on legislation that would have veterans in their local communities, the 2018 VA MISSION Act divests removed OFCCP’s jurisdiction over with some veterans having to choose OFCCP of jurisdiction over VCAs FEHBP.68 The testimony given during between obtaining needed long-term because the Act states that such this hearing called on OFCCP to clarify care services in a distant VA facility and agreements are not ‘‘contracts.’’ 72 which FEHBP plans require remaining near loved ones in their However, there is an exception to this participating providers to be classified community.’’ A long-term health care provision within the same subsection of as subcontractors; asserted that provider that has entered into VCAs the statute which provides that entities Department of Defense and Office of commented that ‘‘the ability to maintain that enter into VCAs remain subject to Personnel Management regulations do the data requirements of an Affirmative ‘‘all laws that protect against not classify FEHBP participants as Action plan would be burdensome and employment discrimination or that federal contractors; and noted the tedious for our facilities to maintain.’’ otherwise ensure equal employment 73 willingness of the then-Secretary of Some of these commenters also cited opportunities.’’ Accordingly, the Labor to continue discussing specific types of agreements they statutory language of the 2018 VA enforcement of FEHBP participants. believed should be excluded from MISSION Act, standing alone, does not Congress did not ultimately pass OFCCP’s authority, and provided some serve to remove these agreements from legislation affecting OFCCP’s authority legal rationale for this belief. OFCCP’s authority. Two commenters likewise requested over FEHBP. Specifically, three commenters sought that OFCCP remove from its authority Other commenters opposed to have OFCCP exclude Veterans Care VA Community Care Networks (CCNs). exempting FEHBP providers. A Agreements from its authority.69 Two of Though the term CCN is not women’s civil rights organization, on these commenters also wanted consistently defined, the term as used behalf of several other civil rights additional types of VA agreements by the commenters generally refers to a organizations, commented that the excluded from OFCCP’s authority, NPRM failed to provide the terms or third-party network manager that is a specifically citing Community Care substance of an FEHBP exemption and prime contractor with VA. However, the Networks and legacy VA contracts.’’ A that ‘‘[a]ny regulation addressing other CCN is a contract to create a network of final commenter supported excluding providers must be the subject of its own providers and coordinate the provision Veterans Affairs health benefits program notice and comment rulemaking.’’ of care, but is not a contract for the providers generally from OFCCP’s None of the comments received in provision of care itself. Thus, it is authority. As discussed below, OFCCP response to the NPRM identified a legal distinguishable from the TRICARE disagrees that there is a statutory basis basis to retain or disclaim jurisdiction providers that this final rule removes for excluding these arrangements from over FEHBP providers. Accordingly, from OFCCP’s authority. Rather, CCNs OFCCP’s authority entirely, but many of OFCCP does not adopt any regulatory are typical, competitively bid Federal these arrangements do fall under the change related to FEHBP providers. contracts, and unlike with the 2018 VA moratorium on enforcement that was OFCCP has, however, carefully MISSION Act and VCAs, there is no announced in an OFCCP directive considered comments regarding the statutory language defining the issued in May 2018. benefits of a uniform approach to all arrangements as non-contractual. The Veterans Care Agreements (VCAs) government health care plans and will In addition to advocating for an referenced by the commenters are consider additional sub-regulatory exemption to extend to VCAs and CCNs, arrangements created pursuant to the guidance as necessary. one commenter urged the exemption of 2018 VA MISSION Act.70 The 2018 VA ‘‘legacy VA contracts’’ as well. Though E. OFCCP’s Authority Over Veterans MISSION Act was intended generally to this term is somewhat vague, our Administration Health Benefits provide veterans with better access to understanding based on discussions Programs care in a number of ways, and VCAs OFCCP received several comments 71 See https://missionact.va.gov/ (last accessed requesting that it also remove from its 69 We note that a fourth commenter supported the April 23, 2020). TRICARE exemption without asking to expand it; 72 See 38 U.S.C. 1703A(i)(1) (‘‘A Veterans Care authority health care service agreements however, they defined TRICARE as a VCA. This is Agreement may be authorized by the Secretary or between the U.S. Department of inaccurate, as TRICARE and VCAs are entirely any Department official authorized by the Secretary, Veterans Affairs (VA) and various health separate programs administered by different and such action shall not be treated as . . . a care entities, including Veteran’s Care agencies. VCAs are agreements entered into by the Federal contract for the acquisition of goods or VA, while TRICARE is a separate and distinct services for purposes of any provision of Federal Agreements (VCAs). Several health care program under the Department of law governing Federal contracts for the acquisition Defense (DoD). of goods or services . . .’’). 68 2014 Hearing, supra note 43. 70 38 U.S.C. 1703A. 73 Id. at 1703A(i)(2)(B)(ii).

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39842 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

with VA is that the commenter might be IX. Section-by-Section Analysis annual effect on the economy of $100 million or more, or adversely affects in referring to any of various procurement Section 60–1.3 Definitions instruments used by VA in recent years, a material way a sector of the economy, prior to when VA began utilizing VCAs OFCCP proposed adding a sub- productivity, competition, jobs, the and its current generation of third-party paragraph to the definition of environment, public health or safety, or administrator contracts, the subcontract in the E.O. 11246 state, local, or tribal governments or regulations noting that a subcontract aforementioned CCNs. Some of those communities (also referred to as does not include an agreement between procurement instruments are economically significant); (2) creates a health care provider and health serious inconsistency or otherwise conventional procurement contracts. organization pursuant to which the VA’s previous generation of third-party interferes with an action taken or health care provider agrees to furnish planned by another agency; (3) administrator contracts, which are health care services or supplies to sometimes called Patient-Centered materially alters the budgetary impacts beneficiaries of TRICARE. OFCCP also of entitlement grants, user fees, or loan Community Care, or ‘‘PC3,’’ contracts, is proposed adding definitions of programs, or the rights and obligations one example. Generally, these ‘‘agreement,’’ ‘‘health care provider,’’ of recipients thereof; or (4) raises novel agreements, like CCNs, are and ‘‘health organization.’’ For the legal or policy issues arising out of legal competitively bid Federal contracts reasons set forth above, the final rule mandates, the President’s priorities, or without statutory exemptions, and thus adopts these changes as proposed in the the principles set forth in E.O. 12866. there is no statutory basis for OFCCP to NPRM. The Office of Management and Budget disclaim authority. However, to the Section 60–300.2 Definitions has determined that this final rule is a extent that the comment intended significant action under E.O. 12866 and OFCCP proposed adding a sub- ‘‘legacy VA contracts’’ to refer to Choice has reviewed the final rule. Pursuant to Provider Agreements, authorized by the paragraph to the definition of subcontract in the VEVRAA regulations the Congressional Review Act (5 U.S.C. Veterans Access, Choice, and noting that a subcontract does not 801 et seq.), OIRA designated that this Accountability Act of 2014, section include an agreement between a health rule is not a ‘‘major rule,’’ as defined by 101(d) of that law provided that such care provider and health organization 5 U.S.C. 804(2). agreements were specifically exempted pursuant to which the health care E.O. 13563 directs agencies to propose 74 from OFCCP jurisdiction. provider agrees to furnish health care or adopt a regulation only upon a In sum, with the exception of any services or supplies to beneficiaries of reasoned determination that its benefits remaining Choice Provider Agreements, TRICARE. OFCCP also proposed adding justify its costs; tailor the regulation to the existing statutory framework does definitions of ‘‘agreement,’’ ‘‘health care impose the least burden on society, not provide support for removing VA provider,’’ and ‘‘health organization.’’ consistent with obtaining the regulatory health benefits contracts from OFCCP’s For the reasons set forth above, the final objectives; and in choosing among authority. However, OFCCP has rule adopts these changes as proposed alternative regulatory approaches, select those approaches that maximize net previously taken action with regard to in the NPRM. benefits. E.O. 13563 recognizes that such VA health benefit provider Section 60–741.2 Definitions some benefits are difficult to quantify (VAHBP) agreements when it issued OFCCP proposed adding a sub- and provides that, where appropriate Directive 2018–02 in May 2018. That paragraph to the definition of and permitted by law, agencies may directive, which extended the subcontract in the Section 503 consider and discuss qualitatively moratorium on the review of TRICARE regulations noting that a subcontract values that are difficult or impossible to health care providers originally issued does not include an agreement between quantify, including equity, human in 2014, expanded the moratorium on a health care provider and health dignity, fairness, and distributive scheduling to include these VAHBP organization pursuant to which the impacts. agreements.75 Consistent with the health care provider agrees to furnish handling of FEHBP, OFCCP will health care services or supplies to The Need for the Regulation consider additional subregulatory beneficiaries of TRICARE. OFCCP also The regulatory changes in this final guidance as necessary to provide proposed adding definitions of rule are needed to provide clarity certainty and clarity to the status of ‘‘agreement,’’ ‘‘health care provider,’’ regarding OFCCP’s authority over health VAHBPs. and ‘‘health organization.’’ For the care providers that provide services and reasons set forth above, the final rule Accordingly, after a full review of the supplies under TRICARE, improve adopts these changes as proposed in the comments, OFCCP adopts this final rule uniformed service members’ and NPRM. incorporating the provisions proposed veterans’ access to medical care, more in the NPRM. Regulatory Analysis efficiently allocate OFCCP’s limited resources for enforcement activities, and E.O. 12866 (Regulatory Planning and provide greater uniformity, certainty, 74 Public Law 113–146, 101(d) (2014) (‘‘During Review) and E.O. 13563 (Improving and notice for health care providers the period in which such entity furnishes care or Regulation and Regulatory Review) services pursuant to this section, such entity may participating in TRICARE. The final rule not be treated as a Federal contractor or Under E.O. 12866, the U.S. Office of is intended to address concerns subcontractor by the Office of Federal Contract Management and Budget’s (OMB’s) regarding the risk that health care Compliance Programs of the Department of Labor Office of Information and Regulatory providers may be declining to by virtue of furnishing such care or services.’’). We note that the VA no longer has authority to enter Affairs (OIRA) determines whether a participate in TRICARE, which reduces into these Choice Provider Agreements given regulatory action is significant and, the availability of medical services for subsequent revisions to the Veterans Choice Act. therefore, subject to the requirements of uniformed service members, veterans, 75 OFCCP Directive 2018–02, TRICARE E.O. 12866 and OMB review. Section and their families. OFCCP is exempting Subcontractor Enforcement Activities (May 18, 2018), available at https://www.dol.gov/ofccp/regs/ 3(f) of E.O. 12866 defines a ‘‘significant health care providers with agreements compliance/directives/dir2018_02.html (last regulatory action’’ as an action that is to furnish medical services and supplies accessed April 20, 2020). likely to result in a rule that: (1) Has an to individuals participating in TRICARE

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39843

from E.O. 11246, Section 503, and the rule. OFCCP estimates that 50 this wage rate to reflect fringe benefits VEVRAA. percent of the reviewers would be such as health insurance and retirement human resources managers and 50 benefits, as well as overhead costs such Discussion of Impacts percent would be in-house counsel. as rent, utilities, and office equipment. In this section, OFCCP presents a Thus, the mean hourly wage rate reflects The agency used a fringe benefits rate of summary of the costs and savings a 50/50 split between human resources 46 percent 77 and an overhead rate of 17 associated with the changes in this final managers and lawyers. The mean hourly percent,78 resulting in a fully loaded rule. In line with recent assessments of wage of a human resources manager is hourly compensation rate of $107.71 other rulemakings, the agency has $62.29 and the mean hourly wage of a ($66.08 + ($66.08 × 46 percent) + determined that either a Human lawyer is $69.86.76 Therefore, the ($66.08 × 17 percent). The estimated Resources Manager (SOC 11–3121) or a average hourly wage rate is $66.08 labor cost to contractors is reflected in Lawyer (SOC 23–1011) would review (($62.29 + $69.86)/2). OFCCP adjusted Table 1, below.

TABLE 1—LABOR COST

Average Fringe Fully loaded Major occupational groups hourly benefit Overhead hourly wage rate rate rate compensation

Human Resources Managers and Lawyers ...... $66.08 46% 17% $107.71

Public Comments to quantify or otherwise address the or may face, when complying with the ways in which discriminatory In this section, OFCCP addresses the requirements. harassment and exploitation of health public comments specifically received OFCCP believes that a human care workers can compromise patient on the Regulatory Impact Analysis. The resources manager or lawyer at each care.’’ A member of Congress echoed agency received three comments on the health care contractor establishment or this concern, noting that a 2005 Regulatory Impact Analysis. firm within its authority will be employment survey found that ‘‘more One commenter, a Lutheran health responsible for understanding or than 60 percent of surveyed physicians, becoming familiar with the new care provider, addressed their primarily women and minorities, requirements. The agency estimates that reluctance to enter into contracts with reported experiencing workplace it will take a minimum of 30 minutes the Veteran’s Administration and stated, discrimination.’’ However, the (1⁄2 hour) for the human resources ‘‘In some cases, we have reluctantly commenters provided no data that manager or lawyer to read the final rule, entered into these agreements because would allow for quantitative cost of the regulatory burden but have done estimations of this final rule. read the compliance assistance so because we want to honor veterans materials provided by OFCCP, or who live close to one of our facilities.’’ Cost of Regulatory Familiarization participate in an OFCCP webinar to Some commenters criticized OFCCP OFCCP acknowledges that 5 CFR learn more about the new requirements. for not sufficiently analyzing the effect 1320.3(b)(1)(i) requires agencies to Consequently, the estimated burden for that removing OFCCP’s authority over include in the burden analysis the rule familiarization is 43,654 hours TRICARE providers will have on the estimated time it takes for contractors to (87,308 establishments × 1⁄2 hour).79 provision of health care services. For review and understand the instructions OFCCP calculates the total estimated example, a women’s civil rights for compliance. To minimize the cost of rule familiarization as $4,701,972 organization, on behalf of seventeen burden, OFCCP will publish compliance (43,654 hours × $107.71/hour) in the other civil rights organizations, assistance materials including, fact first year, which amounts to a 10-year commented that ‘‘OFCCP makes no sheets and responses to ‘‘Frequently annualized cost of $535,160 at a accounting for the costs to workers of Asked Questions.’’ OFCCP may also discount rate of 3 percent ($6.13 per loss of protections against host webinars for the contractor health care contractor firm) or $625,659 discrimination and the increase in community that will describe the new at a discount rate of 7 percent ($7.17 per vulnerability to discrimination in the requirements and conduct listening health care contractor firm). Table 2, absence of OFCCP’s systemic sessions to identify any specific below, reflects the estimated regulatory enforcement activities. It does not seek challenges contractors believe they face, familiarization costs for the final rule.

TABLE 2—REGULATORY FAMILIARIZATION COST

Total number of health care contractor establishments ...... 87,308. Time to review rule ...... 30 minutes. Human Resources Managers and Lawyers, fully loaded hourly compensation ...... $107.71. Regulatory familiarization cost in the first year ...... $4,701,972. Annualized cost with 3 percent discounting ...... $535,160. Annualized cost per health care contractor with 3 percent discounting ...... $6.13. Annualized cost with 7 percent discounting ...... $625,659.

76 BLS, Occupational Employment Statistics, averaged $24.86 per hour worked in 2018, while OPPT-2014-0650-0005 (last accessed March 17, Occupational Employment and Wages, May 2019, benefit costs averaged $11.52, which is a benefits 2020). _ https://www.bls.gov/oes/current/oes nat.htm (last rate of 46 percent. 79 The determination of the estimated number of accessed April 3, 2020). 78 Cody Rice, U.S. Environmental Protection health care contractor establishments is discussed 77 BLS, Employer Costs for Employee Agency, ‘‘Wage Rates for Economic Analyses of the under Cost Savings, below. Compensation, https://www.bls.gov/ncs/data.htm Toxics Release Inventory Program,’’ (June 10, 2002), (last accessed March 17, 2020). Wages and salaries https://www.regulations.gov/document?D=EPA-HQ-

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39844 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

TABLE 2—REGULATORY FAMILIARIZATION COST—Continued Annualized cost per health care contractor with 7 percent discounting ...... $7.17.

The rule does not impose any period submitted their AAPs when provider agrees to furnish services to additional costs because it adds no new requested and the remaining 5 percent beneficiaries of TRICARE. The requirements. submitted their AAPs after receiving a clarification and amendment results in show cause notice. The scheduled a cost savings, as some affected Cost Savings health care providers included a range contractors would no longer be required While the final rule does not impose of contractors having from 50 to more to comply with E.O. 11246 requirements any additional costs, the Department than 501 employees. and to engage in such activities as does anticipate cost savings as it OFCCP identified the number of creating, updating, or maintaining AAPs reconsiders OFCCP’s authority over health care providers in the U.S. Census or providing notifications to employees, health care providers with agreements Bureau’s Statistics of U.S. Businesses, subcontractors, or unions. OFCCP’s to furnish medical services and supplies using North American Industry currently approved Information to individuals participating in Classification System (NAICS) 621, 622, Collection Request (ICR) for its supply TRICARE, and in the alternative, and 623. There are 722,291 health care and service program (OMB Control No. proposes a national interest exemption providers of which 29.2 percent or 1250–0003) estimates an average of from E.O. 11246, VEVRAA, and Section 210,909 have 50 or more employees.82 91.44 hours per contractor to comply 503 for these health care providers, thus The Department of Defense’s annual with the E.O. 11246 requirements. eliminating any requirements associated report to Congress stated that there were The rule amends § 60–300.2 to note with developing, updating, and 155,500 TRICARE Primary Care that a subcontract does not include an maintaining AAPs. As explained further Network Providers and 143,500 agreement between a health care below, the agency cannot quantify the TRICARE Specialist Network Providers provider and a health organization cost savings due to lack of data on how in FY2019.83 OFCCP estimates that 29.2 pursuant to which the health care many contractors may be obligated to percent of these providers have 50 or provider agrees to furnish services to maintain an AAP under contracts that more employees. The agency believes beneficiaries of TRICARE. The are not exempted by this final rule. that 87,308 providers ((155,500 + clarification and amendment results in However, the information that follows 143,500) × 29.2%)) are potentially a cost savings, as some affected sets forth relevant evidence and other impacted by the final rule. contractors would no longer be required helpful data that can be used to help Calculating cost savings is made more to comply with VEVRAA requirements assess cost savings as a result of changes difficult because the savings may and to engage in such activities as in the final rule. depend on whether the health care creating, updating, or maintaining To estimate the number of Federal provider is still obligated to maintain an AAPs, listing job opportunity notices contractors potentially impacted by the AAP under other contracts. Such with the local or state employment final rule, OFCCP identified the number obligations may come from many service delivery systems, or providing of health care providers participating in additional sources. For example, the notifications to employees, TRICARE.80 The agency further refined health care provider would still be subcontractors, or unions. OFCCP’s this universe to those entities with 50 or required to maintain an AAP if the currently approved ICR for its VEVRAA more employees, since the greatest provider qualified as a Federal requirements (OMB Control No. 1250– burdens associated with the E.O. 11246, contractor due to activities outside what 0004) estimates an average of 16.86 VEVRAA, and Section 503 requirements is covered by this final rule or if the hours per contractor to comply with the are associated with developing, provider contracts with states that VEVRAA requirements. updating, and maintaining AAPs.81 mandate AAPs for certain employers.84 The rule amends § 60–741.2 to note OFCCP then determined the rate of Therefore, the estimate of affected that a subcontract does not include an compliance using OFCCP’s compliance TRICARE providers may overstate the agreement between a health care evaluation data from Fiscal Years 2012 number of entities that would actually provider and a health organization pursuant to which the health care through 2019. The data show that realize cost savings as a result of this provider agrees to furnish services to approximately 95 percent of health care final rule. providers scheduled for an OFCCP The rule amends § 60–1.3 to note that beneficiaries of TRICARE. The clarification and amendment results in compliance evaluation during that a subcontract does not include an a cost savings, as some affected agreement between a health care 80 contractors would no longer be required OFCCP considered using its most recent EEO– provider and a health organization to comply with Section 503 1 numbers to conduct this analysis, but the pursuant to which the health care reporting requirements are limited to prime requirements and to engage in such contractors and first tier subcontractors. However, activities as creating, updating, or OFCCP’s universe includes all tiers of 82 Number of Firms, Number of Establishments, subcontractors that meet the jurisdictional Employment, and Annual Payroll by Enterprise maintaining AAPs, or providing thresholds. Using EEO–1 data would underestimate Employment Size for the United States, All notifications to employees, the impact of the final rule. Thus, OFCCP relied Industries: 2017, https://www2.census.gov/ subcontractors, or unions. OFCCP’s _ _ upon the analysis described herein. programs-surveys/susb/tables/2017/us 6digitnaics currently approved ICR for its Section 81 The requirement to develop AAPs is based on 2017.xlsx?# (last accessed April 3, 2020). having 50 or more employees and having a contract 83 Evaluation of TRICARE Programs, Fiscal Year 503 requirements (OMB Control No. that meets specific thresholds. OFCCP does not 2019, Report to Congress, https://www.health.mil/ 1250–0005) estimates an average of 7.92 have information regarding the value of the Military-Health-Topics/Access-Cost-Quality-and- hours per contractor to comply with the contracts or financial agreements. Thus, the Safety/Health-Care-Program-Evaluation/Annual- Section 503 requirements. estimated number of establishments may be Evaluation-of-the-TRICARE-Program (last accessed overstated as it may include establishments that April 3, 2020). Summary of Transfer and Benefits have contracts of less than $50,000 (E.O. 11246 and 84 https://ballotpedia.org/Federal_and_state_ Section 503) or have contracts of less than $150,000 affirmative_action_and_anti-discrimination_laws E.O. 13563 recognizes that some rules (VEVRAA). (last accessed March 17, 2020). have benefits that are difficult to

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39845

quantify or monetize but are Agencies must perform a review to Requirements—Section 503 of the nevertheless important, and states that determine whether a final rule would Rehabilitation Act of 1973, as amended, agencies may consider such benefits. have a significant economic impact on 29 U.S.C. 703). Consequently, this final This rule has equity and fairness a substantial number of small entities.85 rule does not require review by the benefits, which are explicitly recognized If the determination is that it would, Office of Management and Budget under in E.O. 13563. then the agency must prepare a the Paperwork Reduction Act of 1995, The final rule is designed to achieve regulatory flexibility analysis as 44 U.S.C. 3501 et seq. these benefits by providing clear described in the RFA.86 guidance to contractors, and increasing However, if an agency determines that E.O. 13132 (Federalism) a final rule is not expected to have a contractor understanding of OFCCP’s OFCCP has reviewed this final rule in authority as it relates to heath care significant economic impact on a accordance with E.O. 13132 regarding providers. If the final rule decreases the substantial number of small entities, federalism, and has determined that it confusion of Federal contractors, this section 605(b) of the RFA provides that impact most likely represents a transfer the head of the agency may so certify does not have ‘‘federalism of value to taxpayers (if contractor fees and a regulatory flexibility analysis is implications.’’ This rule will not ‘‘have decrease because they do not need to not required. See 5 U.S.C. 605. The substantial direct effects on the States, engage third party representatives to certification must include a statement on the relationship between the national interpret OFCCP’s requirements). providing the factual basis for this government and the States, or on the determination and the reasoning should distribution of power and Alternative Discussion be clear. OFCCP does not expect this responsibilities among the various A women’s civil rights organization, final rule to have a significant economic levels of government.’’ impact on a substantial number of small on behalf of seventeen other civil rights E.O. 13175 (Consultation and organizations, commented that an entities. The annualized cost at a Coordination With Indian Tribal extension of the current moratorium discount rate of seven percent for rule Governments) would be a more preferable policy than familiarization is $7.17 per entity ($50.33 in the first year) which is far a ‘‘categorical regulatory exclusion of This final rule does not have tribal TRICARE providers.’’ OFCCP disagrees less than one percent of the annual revenue of the smallest of the small implications under E.O. 13175 that with this comment. In proposing this require a tribal summary impact rule, the Department considered a non- entities affected by this final rule. Therefore, OFCCP certifies that this statement. The final rule does not have regulatory alternative: issuing moratoria final rule will not have a significant substantial direct effects on one or more or other sub-regulatory guidance in impact on a substantial number of small Indian tribes, on the relationship which OFCCP would exercise affected entities. between the Federal Government and enforcement discretion and not Indian tribes, or on the distribution of schedule compliance evaluations of Paperwork Reduction Act certain health care providers. The power and responsibilities between the The Paperwork Reduction Act of 1995 Federal Government and Indian tribes. Department rejects this alternative, as it (44 U.S.C. 3507(d)) requires that the would result in much greater Department consider the impact of List of Subjects uncertainty among the regulated paperwork and other information 41 CFR Part 60–1 entities. Also, as discussed earlier in the collection burdens imposed on the preamble, the 2014 and 2018 moratoria public. According to the 1995 Administrative practice and were premised on OFCCP’s conclusion amendments to the Paperwork procedure, Equal employment that it had authority over TRICARE Reduction Act (5 CFR 1320.5(b)(2)(vi)), opportunity, Government contracts, providers. An extension of the current an agency may not collect or sponsor moratorium is not feasible because Reporting and recordkeeping the collection of information or impose requirements. OFCCP has concluded it does not have an information collection requirement the legal authority to regulate TRICARE unless the information collection 41 CFR Part 60–300 providers. instrument displays a currently valid Administrative practice and Regulatory Flexibility Act and E.O. OMB control number. OFCCP has procedure, Civil rights, Employment, 13272 (Consideration of Small Entities) determined that there is no new requirement for information collection Equal employment opportunity, The agency did not receive any public associated with this final rule. The Government contracts, Government comments on the Regulatory Flexibility information collection requirements procurement, Individuals with Analysis. contained in the existing E.O. 11246, disabilities, Investigations, Reporting The Regulatory Flexibility Act of 1980 VEVRAA, and Section 503 regulations and recordkeeping requirements, (RFA), 5 U.S.C. 601 et seq., establishes are currently approved under OMB Veterans. ‘‘as a principle of regulatory issuance Control No. 1250–0003 (OFCCP 41 CFR Part 60–741 that agencies shall endeavor, consistent Recordkeeping and Reporting with the objectives of the rule and Requirements—Supply and Service), Administrative practice and applicable statutes, to fit regulatory and OMB Control No. 1250–0004 (OFCCP procedure, Civil rights, Employment, informational requirements to the scale Recordkeeping and Reporting Equal employment opportunity, of the business organizations and Requirements—38 U.S.C. 4212, Vietnam Government contracts, Government governmental jurisdictions subject to Era Veterans’ Readjustment Assistance procurement, Individuals with regulation.’’ Public Law 96–354. The Act of 1974, as amended), and OMB disabilities, Investigations, Reporting Act requires the consideration for the Control No. 1250–0005 (OFCCP and recordkeeping requirements. impact of a regulation on a wide range Recordkeeping and Reporting of small entities including small For the reasons set forth in the businesses, not-for-profit organizations, 85 See 5 U.S.C. 603. preamble, OFCCP amends 41 CFR parts and small governmental jurisdictions. 86 Id. 60–1, 60–300, and 60–741 as follows:

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39846 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

PART 60–1—OBLIGATIONS OF association of organizations and health contractor, or other nongovernmental CONTRACTORS AND maintenance organizations, or other organization that is lawfully engaged in SUBCONTRACTORS similar arrangements, in consideration providing, paying for, insuring, or of premiums or other periodic charges reimbursing the cost of health care ■ 1. The authority citation for part 60– or payments payable to the health services or supplies under group 1 continues to read as follows: organization. insurance policies or contracts, medical Authority: Sec. 201, E.O. 11246, 30 FR * * * * * or hospital service agreements, 12319, 3 CFR, 1964–1965 Comp., p. 339, as membership or subscription contracts, amended by E.O. 11375, 32 FR 14303, 3 CFR, PART 60–300—AFFIRMATIVE ACTION network agreements, health benefits 1966–1970 Comp., p. 684, E.O. 12086, 43 FR AND NONDISCRIMINATION plans duly sponsored or underwritten 46501, 3 CFR, 1978 Comp., p. 230, E.O. OBLIGATIONS OF FEDERAL by an employee organization or 13279, 67 FR 77141, 3 CFR, 2002 Comp., p. CONTRACTORS AND association of organizations and health 258 and E.O. 13672, 79 FR 42971. SUBCONTRACTORS REGARDING maintenance organizations, or other Subpart A—Preliminary Matters; Equal DISABLED VETERANS, RECENTLY similar arrangements, in consideration Opportunity Clause; Compliance SEPARATED VETERANS, ACTIVE of premiums or other periodic charges Reports DUTY WARTIME OR CAMPAIGN or payments payable to the health BADGE VETERANS, AND ARMED organization. ■ 2. In § 60–1.3, revise the definition of FORCES SERVICE MEDAL VETERANS * * * * * ‘‘Subcontract’’ to read as follows: ■ 3. The authority citation for part 60– PART 60–741—AFFIRMATIVE ACTION § 60–1.3 Definitions. 300 continues to read as follows: AND NONDISCRIMINATION * * * * * Authority: 29 U.S.C. 793; 38 U.S.C. 4211 OBLIGATIONS OF FEDERAL Subcontract. (1) Subcontract means and 4212; E.O. 11758 (3 CFR, 1971–1975 CONTRACTORS AND any agreement or arrangement between Comp., p. 841). SUBCONTRACTORS REGARDING a contractor and any person (in which INDIVIDUALS WITH DISABILITIES the parties do not stand in the Subpart A—Preliminary Matters, Equal relationship of an employer and an Opportunity Clause ■ 5. The authority citation for part 60– employee): 741 continues to read as follows: ■ (i) For the purchase, sale or use of 4. In § 60–300.2, revise paragraph (x) Authority: 29 U.S.C. 705 and 793; E.O. personal property or nonpersonal to read as follows: 11758 (3 CFR, 1971–1975 Comp., p. 841). services which, in whole or in part, is § 60–300.2 Definitions. necessary to the performance of any one Subpart A—Preliminary Matters, Equal or more contracts; or * * * * * Opportunity Clause (ii) Under which any portion of the (x) Subcontract. (1) Subcontract ■ contractor’s obligation under any one or means any agreement or arrangement 6. In § 60–741.2, revise paragraph (x) more contracts is performed, between a contractor and any person (in to read as follows: undertaken, or assumed; and which the parties do not stand in the § 60–741.2 Definitions. (2) Does not include an agreement relationship of an employer and an employee): * * * * * between a health care provider and a (x) Subcontract. (1) Subcontract (i) For the purchase, sale or use of health organization under which the means any agreement or arrangement personal property or nonpersonal health care provider agrees to provide between a contractor and any person (in services which, in whole or in part, is health care services or supplies to which the parties do not stand in the necessary to the performance of any one natural persons who are beneficiaries relationship of an employer and an or more contracts; or under TRICARE. employee): (i) An agreement means a relationship (ii) Under which any portion of the (i) For the purchase, sale or use of between a health care provider and a contractor’s obligation under any one or personal property or nonpersonal health organization under which the more contracts is performed, services which, in whole or in part, is health care provider agrees to provide undertaken, or assumed; and necessary to the performance of any one health care services or supplies to (2) Does not include an agreement or more contracts; or natural persons who are beneficiaries between a health care provider and a (ii) Under which any portion of the under TRICARE. health organization under which the contractor’s obligation under any one or (ii) A health care provider is a health care provider agrees to provide more contracts is performed, physician, hospital, or other individual health care services or supplies to undertaken, or assumed; and or entity that furnishes health care natural persons who are beneficiaries (2) Does not include an agreement services or supplies. under TRICARE. between a health care provider and a (iii) A health organization is a (i) An agreement means a relationship health organization under which the voluntary association, corporation, between a health care provider and a health care provider agrees to provide partnership, managed care support health organization under which the health care services or supplies to contractor, or other nongovernmental health care provider agrees to provide natural persons who are beneficiaries organization that is lawfully engaged in health care services or supplies to under TRICARE. providing, paying for, insuring, or natural persons who are beneficiaries (i) An agreement means a relationship reimbursing the cost of health care under TRICARE. between a health care provider and a services or supplies under group (ii) A health care provider is a health organization under which the insurance policies or contracts, medical physician, hospital, or other individual health care provider agrees to provide or hospital service agreements, or entity that furnishes health care health care services or supplies to membership or subscription contracts, services or supplies. natural persons who are beneficiaries network agreements, health benefits (iii) A health organization is a under TRICARE. plans duly sponsored or underwritten voluntary association, corporation, (ii) A health care provider is a by an employee organization or partnership, managed care support physician, hospital, or other individual

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39847

or entity that furnishes health care cite FTR Case 2020–TA–01, Technical public that require the approval of the services or supplies. Amendments. Office of Management and Budget (iii) A health organization is a SUPPLEMENTARY INFORMATION: (OMB) under 44 U.S.C. 3501, et seq. voluntary association, corporation, partnership, managed care support A. Background F. Small Business Regulatory Enforcement Fairness Act contractor, or other nongovernmental The General Services Administration organization that is lawfully engaged in is issuing a final rule to make technical This final rule is also exempt from providing, paying for, insuring, or amendments to various provisions of Congressional review prescribed under reimbursing the cost of health care the Federal Travel Regulation. These 5 U.S.C. 801. This final rule is not a services or supplies under group technical amendments correct major rule under 5 U.S.C. 804. insurance policies or contracts, medical hyperlinks in accordance with Office of List of Subjects or hospital service agreements, Management and Budget Memorandum membership or subscription contracts, M–15–13 ‘‘Policy to Require Secure 41 CFR Parts 300–3, 300–80, 301–11, network agreements, health benefits Connections across Federal websites 301–52, 301–74, 301–75, Appendices A, plans duly sponsored or underwritten and Web Services’’ (June 5, 2015), B, and E to Chapter 301; and Parts 302– by an employee organization or format discrepancies, update legal 1, 302–4, 302–5, 302–7, 302–8, 304–2, association of organizations and health citations, and make miscellaneous/ and 304–6 maintenance organizations, or other editorial revisions. Government employees, Travel and similar arrangements, in consideration transportation expenses. of premiums or other periodic charges B. Executive Orders 12866 and 13563 or payments payable to the health Executive Orders (E.O.s) 12866 and 41 CFR Parts 300–70, 300–90 organization. 13563 direct agencies to assess all costs Government employees, Reporting * * * * * and benefits of available regulatory and recordkeeping requirements, Travel alternatives, and if regulation is and transportation expenses. Signed at Washington, DC on May 27, necessary, to select regulatory 2020. approaches that maximize net benefits 41 CFR Part 301–10 Craig E. Leen, (including potential economic, Common carriers, Government Director, Office of Federal Contract environmental, public health and safety Compliance Programs. employees, Government property, effects, distributive impacts, and Travel and transportation expenses. [FR Doc. 2020–11934 Filed 7–1–20; 8:45 am] equity). E.O. 13563 emphasizes the BILLING CODE 4510–45–P importance of quantifying both costs 41 CFR Part 301–13 and benefits, of reducing costs, of Government employees, Individuals harmonizing rules, and of promoting with disabilities, Travel and GENERAL SERVICES flexibility. This final rule is not a transportation expenses. ADMINISTRATION significant regulatory action, and therefore, is not subject to review under 41 CFR Part 301–70 41 CFR parts 300–3, 300–70, 300–80, section 6(b) of E.O. 12866, Regulatory Administrative practice and 300–90, 301–10, 301–11, 301–13, 301– Planning and Review, dated September procedure, Government employees, 52, 301–70, 301–72, 301–73, 301–74, 30, 1993. GSA has further determined Individuals with disabilities, Travel and 301–75, Appendix A to Chapter 301, that this final rule is not a major rule transportation expenses. Appendix B to Chapter 301, Appendix under 5 U.S.C. 804. E to Chapter 301, parts 302–1, 302–4, 41 CFR Part 301–72 302–5, 302–7, 302–8, 304–2, and 304– C. Executive Order 13771 Common carriers, Government 6 This final rule is not subject to the employees, Travel and transportation [FTR Case 2020–TA–01; Docket No. GSA– requirements of E.O. 13771 (82 FR 9339, expenses. FTR–2020–0008, Sequence No. 1] February 3, 2017) because it is related to agency organization, management, or 41 CFR Parts 301–73 Federal Travel Regulation; Technical personnel and is not a significant Government contracts, Travel and Amendments regulatory action under E.O. 12866. transportation expenses. AGENCY: Office of Government-wide D. Regulatory Flexibility Act Emily W. Murphy, Policy (OGP), General Services This final rule will not have a Administrator. Administration (GSA). significant economic impact on a For reasons set forth in the preamble, ACTION: Final rule. substantial number of small entities GSA amends 41 CFR parts 300–3, 300– SUMMARY: GSA is amending the Federal within the meaning of the Regulatory 70, 300–80, 300–90, 301–10, 301–11, Travel Regulation (FTR) to make Flexibility Act, 5 U.S.C. 601, et seq. This 301–13, 301–52, 301–70, 301–72, 301– necessary editorial changes. final rule is also exempt from the 73, 301–74, 301–75, appendix A to Administrative Procedures Act pursuant DATES: This rule is effective August 3, Chapter 301, appendix B to Chapter 301, to 5 U.S.C. 553(a)(2) because this final 2020. appendix E to Chapter 301, parts 302– rule involves matters relating to agency 1, 302–4, 302–5, 302–7, 302–8, 304–2, FOR FURTHER INFORMATION CONTACT: For management or personnel. and 304–6 as set forth below: clarification of content, contact Ms. Jill Denning, Program Analyst, Office of E. Paperwork Reduction Act PART 300–3—GLOSSARY OF TERMS Government-wide Policy, at 202–208– The Paperwork Reduction Act does 7642. Contact the Regulatory Secretariat not apply because the changes to the ■ 1. The authority citation for 41 CFR Division (MVCB), 1800 F Street NW, FTR do not impose recordkeeping or part 300–3 continues to read as follows: 2nd Floor, Washington, DC 20405, 202– information collection requirements, or Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); 501–4755, for information pertaining to the collection of information from 49 U.S.C. 40118; 5 U.S.C. 5738; 5 U.S.C. status or publication schedules. Please offerors, contractors, or members of the 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. 1353;

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39848 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

E.O 11609, as amended, 3 CFR, 1971–1975 PART 300–90—TELEWORK § 301–10.261 [Amended] Comp., p. 586, Office of Management and EXPENSES TEST PROGRAMS ■ 18. Amend § 301–10.261 by removing Budget Circular No. A–126, revised May 22, 1992. from paragraph (a)(2) ‘‘from the General ■ 10. The authority citation for part Services Administration, Office of ■ 2. Amend § 300–3.1 by revising 300–90 continues to read as follows: Governmentwide Policy, MTA, 1800 F paragraph (4) in the definition of Authority: 5 U.S.C. 5707 and 5711. Street, NW, Washington, DC 20405’’ and ‘‘Professional Books, Papers and adding ‘‘by emailing aviationpolicy@ Equipment (PBP&E)’’ to read as follows: § 300–90.3 [Amended] gsa.gov’’ in its place. ■ § 300–3.1 What do the following terms 11. In § 300–90.3 amend the § 301–10.303 [Amended] mean? introductory text by removing ■ ‘‘(Attention: MA)’’ and adding ‘‘, Office 19. Amend § 301–10.303 by removing * * * * * ‘‘http://www.gsa.gov/mileage’’ and Professional Books, Papers and of Government-wide Policy’’ in its place. adding ‘‘https://www.gsa.gov/mileage’’ Equipment (PBP&E)*** in its place. (4) Communications equipment used § 300–90.8 [Amended] by the employee in association with § 301–10.310 [Amended] ■ DoDI 4650.02, Military Auxiliary Radio 12. In § 300–90.8 amend the ■ 20. Amend § 301–10.310 by removing System (MARS). introductory text by removing ‘‘http://www.gsa.gov/ftrbulletins’’ and * * * * * ‘‘(Attention: MA)’’ and adding ‘‘, Office adding ‘‘https://www.gsa.gov/ of Government-wide Policy’’ in its ftrbulletins’’ in its place. PART 300–70—AGENCY REPORTING place. REQUIREMENTS § 300–90.9 [Amended] PART 301–11—PER DIEM EXPENSES ■ 3. The authority citation for part 300– ■ 13. Amend § 300–90.9 by removing ■ 21. The authority citation for part 70 continues to read as follows: from paragraphs (b)(1) and (b)(2) ‘‘Office 301–11 continues to read as follows: Authority: 5 U.S.C. 5707; 5 U.S.C. 5738; 5 of Asset and Transportation Authority: 5 U.S.C. 5707. U.S.C. 5741–5742; 20 U.S.C. 905(a); 31 U.S.C. Management (Attention: MA)’’ and 1353; 40 U.S.C. 121(c); 49 U.S.C. 40118; E.O. adding ‘‘1800 F Street NW’’ in its place. § 301–11.6 [Amended] 11609, as amended, 3 CFR, 1971–1975 ■ 22. Amend § 301–11.6 by: Comp., p. 586. PART 301–10—TRANSPORTATION ■ a. In paragraph (a), in the second row § 300–70.2 [Amended] EXPENSES of the third column of the table, removing ‘‘Office of Governmentwide ■ 4. Amend § 300–70.2 by removing ■ 14. The authority citation for part Policy, Office of Transportation and ‘‘www.gsa.gov/trip’’ and adding 301–10 continues to read as follows: Personal Property, Travel Management ‘‘https://www.gsa.gov/trip’’ in its place. Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c); Policy, and available on the internet at § 300–70.101 [Amended] 49 U.S.C. 40118; Office of Management and http://www.gsa.gov/perdiem’’ and Budget Circular No. A–126, ‘‘Improving the adding ‘‘Office of Government-wide ■ 5. Amend § 300–70.101 by removing Management and Use of Government Policy, and available at https:// ‘‘www.gsa.gov/bulletin’’ and adding Aircraft.’’ Revised May 22, 1992. www.gsa.gov/perdiem’’ in its place; ‘‘https://www.gsa.gov/ftrbulletins’’ in its ■ § 301–10.106 [Amended] b. Remove from paragraph (b), in the place. third row of the third column of the ■ 15. Amend § 301–10.106 by removing table, removing ‘‘http:// PART 300–80—RELOCATION ‘‘http://www.gsa.gov/citypairs’’ and www.defensetravel.dod.mil/site/ EXPENSES TEST PROGRAMS adding ‘‘https://www.gsa.gov/citypairs’’ perdiemCalc.cfm’’ and adding ‘‘https:// ■ 6. The authority citation for part 300– in its place. www.defensetravel.dod.mil/site/ 80 continues to read as follows: perdiemCalc.cfm’’ in its place; and § 301–10.135 [Amended] ■ c. In paragraph (c), in the fourth row Authority: 5 U.S.C. 5707, 5738, and 5739. ■ 16. Amend § 301–10.135 by: of the third column of the table, § 300–80.3 [Amended] ■ a. In paragraph (b)(1) removing removing ‘‘www.state.gov’’ and adding _ ‘‘http://www.gsa.gov/openskies’’ and ‘‘https://aoprals.state.gov/web920/per ■ 7. Amend § 300–80.3 by removing diem.asp’’ in its place. ‘‘(Attention: MTT)’’ and adding ‘‘, Office adding ‘‘https://www.gsa.gov/ of Government-wide Policy’’ in its openskies’’ in its place; § 301–11.11 [Amended] ■ b. In paragraph (b)(2)removing place. ■ 23. Amend § 301–11.11 by removing ‘‘www.gsa.gov/bulletin’’ and adding from paragraph (c) ‘‘http:// § 300–80.8 [Amended] ‘‘https://www.gsa.gov/ftrbulletins’’ in its www.fedrooms.com’’ and adding place; and ■ 8. Amend § 300–80.8 by removing ‘‘https://www.fedrooms.com’’ in its ■ ‘‘(Attention: MTT)’’ and adding ‘‘, Office c. In paragraph (c) removing ‘‘, United place. of Government-wide Policy’’ in its States Information Agency, United place. States International Development § 301–11.18 [Amended] Cooperation Agency, or the Arms ■ § 300–80.9 [Amended] 24. Amend § 301–11.18 by removing Control Disarmament Agency’’ and from paragraph (a) ‘‘www.gsa.gov/mie’’ ■ 9. Amend § 300–80.9 by removing adding ‘‘or the United States Agency for and adding ‘‘https://www.gsa.gov/mie’’ from paragraphs (b)(1) and (b)(2) International Development’’ in its place. in its place. ‘‘Governmentwide Policy, Office of § 301–10.180 [Amended] Travel, Transportation and Asset § 301–11.26 [Amended] Management (Attention MTT)’’ and ■ 17. Amend § 301–10.180 by removing ■ 25. Amend § 301–11.26 by: adding ‘‘Government-wide Policy, 1800 ‘‘App. Sec. 1241’’ and adding ‘‘§ 55302’’ ■ a. In the first column of the table, F Street, NW’’ in its place. in its place. removing ‘‘Office of Governmentwide

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39849

Policy, Attn: Travel Policy (MTT)’’ and revised May 22, 1992; OMB Circular No. A– copy of the guide, please contact adding ‘‘Office of Government-wide 123, Appendix B, revised January 15, 2009. [email protected]. Policy’’ in its place; and § 301–70.400 [Amended] ■ 39. Revise § 301–70.906 to read as ■ b. In second row of the second column follows: of the table, removing ‘‘4601 N Fairfax ■ 33. Amend § 301–70.400 by removing Dr., Suite 800, Arlington, VA 22203’’ ‘‘29 U.S.C. 701–796l’’ and adding ‘‘29 § 301–70.906 Must we report use of our and adding ‘‘4800 Mark Center Drive, U.S.C. 701, et seq.’’ in its place. Government aircraft to carry senior Federal officials and non-Federal travelers? Suite 04J325–01, Alexandria, VA § 301–70.702 [Amended] 22350–9000’’ in its place. Yes, except when the trips are ■ 34. Amend § 301–70.702 by removing classified, you must report to the § 301–11.29 [Amended] ‘‘(Attention: MAE)’’ and adding ‘‘, Office General Services Administration, Office ■ 26. Amend § 301–11.29 by removing of Government-wide Policy’’ in its of Government-wide Policy, all uses of ‘‘https://smartpay.gsa.gov/about-gsa- place. your aircraft for travel by any senior smartpay/tax-information/state- ■ 35. Amend § 301–70.709 by revising Federal official or non-Federal traveler, response-letter’’ and adding ‘‘https:// paragraphs (a) and (j) to read as follows: by using an electronic reporting tool smartpay.gsa.gov/content/state-tax- found at ‘‘https://www.gsa.gov/sftr’’, § 301–70.709 What can we do to reduce unless travel is authorized under 10 information’’ in its place. travel charge card delinquencies? U.S.C. 2648 and regulations PART 301–13—TRAVEL OF AN * * * * * implementing that statute. (a) Agency travel program EMPLOYEE WITH SPECIAL NEEDS ■ 40. Amend Note to § 301–70.907 by coordinators must be trained and aware revising the fourth sentence and adding ■ 27. The authority citation for part of their responsibilities and the a fifth sentence to read as follows: 301–13 continues to read as follows: delinquency management tools Authority: 5 U.S.C. 5707. available under your agreement with the § 301–70.907 What information must we travel charge card contractor. report on the use of Government aircraft to § 301–13.3 [Amended] * * * * * carry senior Federal officials and non– Federal travelers and when must it be ■ (j) Information on travel cardholder 28. Amend § 301–13.3 by removing reported? from the note to paragraph (g) ‘‘http:// training is available at https:// www.opm.gov/disability/mngr_6-01- smartpay.gsa.gov/content/training. * * * * * B.asp’’ and adding ‘‘https:// * * * * * Note to § 301–70.907: * * * For more www.opm.gov/FAQs’’ in its place. ■ 36. Amend § 301–70.802 by revising information on calculating costs, see the the second sentence of paragraph (a)(3) ‘‘U.S. Government Aircraft Cost Accounting Guide,’’ published by the General Services PART 301–52—CLAIMING and adding a third sentence to read as REIMBURSEMENT Administration, Office of Government-wide follows: Policy. To obtain a copy of the guide, please contact [email protected]. ■ 29. The authority citation for part § 301–70.802 Must we ensure that travel 301–52 continues to read as follows: on Government aircraft is the most cost- PART 301–72—AGENCY Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); effective alternative? Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5 (a) * * * RESPONSIBILITIES RELATED TO U.S.C. 5701 note). (3) * * * Additional information on COMMON CARRIER TRANSPORTATION ■ 30. Amend § 301–52.4 by revising costs included in the cost comparison may be found in the ‘‘U.S. Government paragraph (b)(3) to read as follows: ■ Aircraft Cost Accounting Guide,’’ 41. The authority citation for part § 301–52.4 What must I provide with my published by the General Services 301–72 continues to read as follows: travel claim? Administration, Office of Government- Authority: 5 U.S.C. 5707; 31 U.S.C. 3726; * * * * * wide Policy. To obtain a copy of the 40 U.S.C. 121(c). (b) * * * guide, please contact aviationpolicy@ § 301–72.301 [Amended] (3) Receipts must be retained for 6 gsa.gov. ■ years as prescribed by the National * * * * * 42. Amend § 301–72.301 by removing Archives and Records Administration from paragraphs (a) and (c) ‘‘http:// (NARA) under General Records § 301–70.902 [Amended] fss.gsa.gov/transtrav/usgpth.pdf’’ and Schedule 1.1, item 010 (https:// ■ 37. Amend § 301–70.902 by removing adding ‘‘https://www.gsa.gov/ www.archives.gov/files/records-mgmt/ ‘‘10 U.S.C. 4744’’ and adding ‘‘10 U.S.C. transaudits’’ in its place. grs/grs01-1.pdf). 2648’’ in its place. PART 301–73—TRAVEL PROGRAMS ■ § 301–52.11 [Amended] 38. Amend § 301–70.903 by revising the fourth sentence and adding a fifth ■ 43. The authority citation for part ■ 31. In § 301–52.11 amend paragraph sentence to read as follows: 301–73 continues to read as follows: (g) by removing ‘‘GSA Board of Contract Appeals’’ and adding ‘‘Civilian Board of § 301–70.903 What are our responsibilities Authority: 5 U.S.C. 5707, 40 U.S.C. 121(c). Contract Appeals’’ in its place. for ensuring that Government aircraft are the most cost-effective alternative for § 301–73.1 [Amended] PART 301–70—INTERNAL POLICY travel? ■ 44. In § 301–73.1 amend paragraph (d) AND PROCEDURE REQUIREMENTS * * * For guidance on how and when by removing ‘‘Fedrooms’’ and adding to calculate the cost of a trip on a ‘‘Fedrooms ®’’ in its place. ■ 32. The authority citation for part Government aircraft, see the ‘‘U.S. 301–70 continues to read as follows: Government Aircraft Cost Accounting § 301–73.106 [Amended] Authority: 5 U.S.C. 5707; 40 U.S.C. 121(c); Guide,’’ published by the General ■ 45. In § 301–73.106, amend paragraph Sec. 2, Pub. L. 105–264, 112 Stat. 2350 (5 Services Administration, Office of (a)(2) by removing ‘‘Fedrooms’’ and U.S.C. 5701, note); OMB Circular No. A–126, Government-wide Policy. To obtain a adding ‘‘Fedrooms ®’’ in its place.

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39850 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

PART 301–74—CONFERENCE PART 302–4—ALLOWANCES FOR PART 302–8—ALLOWANCE FOR PLANNING SUBSISTENCE AND EXTENDED STORAGE OF TRANSPORTATION HOUSEHOLD GOODS (HHG) ■ 46. The authority citation for part ■ 301–74 continues to read as follows: ■ 55. The authority citation for Part 63. The authority citation for Part 302–8 continues to read as follows: Authority: 5 U.S.C. 5707. 302–4 continues to read as follows: Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); § 301–74.12 [Amended] Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); E.O. 11609, 36 FR 13747, 3 CFR, 1971–1975 E.O. 11609, 36 FR 13747, 3 CFR, 1971–1975 Comp., p. 586. ■ 47. Amend § 301–74.12 by: Comp., p. 586. ■ ■ a. In paragraph (a) removing ‘‘see 40 64. Amend § 302–8.300 by revising § 302–4.200 [Amended] U.S.C. 34’’ and adding ‘‘see 40 U.S.C. paragraph (b) to read as follows: 8141’’ in its place; and ■ 56. Amend § 302–4.200 by removing § 302–8.300 Under what authority am I ■ b. In paragraph (b) removing ‘‘http:// ‘‘http://www.gsa.gov/perdiem’’ and provided storage during school recess? www.gsa.gov/attachments/GSA_ adding ‘‘https://www.gsa.gov/perdiem’’ * * * * * PUBLICATIONS/pub/Customer in its place. (b) Regulations. See the DoD Joint Guidebookmarkedversion.pdf’’ and Travel Regulations (JTR), published by adding ‘‘https://www.gsa.gov/cdnstatic/ § 302–4.300 [Amended] the Per Diem, Travel and Transportation Guide_to_Real_Property_508.pdf’’ in its Allowance Committee and available at ■ 57. Amend § 302–4.300 by removing place. https://www.defensetravel.dod.mil/site/ ‘‘www.irs.gov’’ and adding ‘‘https:// travelreg.cfm. PART 301–75—PRE-EMPLOYMENT www.irs.gov’’ in its place. INTERVIEW TRAVEL PART 304–2—DEFINITIONS PART 302–5—ALLOWANCE FOR ■ 48. The authority citation for part HOUSEHUNTING TRIP EXPENSES ■ 65. The authority citation for Part 301–75 continues to read as follows: 304–2 continues to read as follows: ■ 58. The authority citation for Part Authority: 5 U.S.C. 5707. Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 302–5 continues to read as follows: ■ § 301–75.202 [Amended] 66. Amend § 304–2.1 by revising the Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); last two sentences of the definition of ■ 49. Amend § 301–75.202 by removing E.O. 11609, as amended, 3 CFR, 1971–1975 ‘‘Travel, subsistence, and related from the third row of the second column Comp., p. 586. expenses (travel expenses)’’ to read as of the table, ‘‘http://fss.gsa.gov/ § 302–5.13 [Amended] follows: transtrav/usgpth.pdf’’ and adding § 304–2.1 What definitions apply to this ‘‘https://www.gsa.gov/transaudits’’ in its ■ 59. Amend § 302–5.13 by removing chapter? place. from paragraphs (a), (b)(1), and (b)(2), in * * * * * the third row of the second column of Appendix A to Chapter 301 [Amended] Travel, subsistence, and related the table, ‘‘http://www.gsa.gov/perdiem’’ expenses (travel expenses) * * * The ■ 50. Amend Appendix A to Chapter and adding ‘‘https://www.gsa.gov/ Foreign Affairs Manual is available at 301 by removing ‘‘http://www.gsa.gov/ perdiem’’ in its place. https://fam.state.gov. The Joint Travel perdiem’’ and adding ‘‘https:// Regulations are available at https:// www.gsa.gov/perdiem’’ in its place. PART 302–7—TRANSPORTATION AND www.defensetravel.dod.mil/site/ TEMPORARY STORAGE OF Appendix B to Chapter 301 [Amended] travelreg.cfm. HOUSEHOLD GOODS, ■ 51. Amend Appendix B to Chapter PROFESSIONAL BOOKS, PAPERS, PART 304–6—PAYMENT GUIDELINES 301 by removing ‘‘http://www.gsa.gov/ AND EQUIPMENT, (PBP&E) AND mie’’ and adding ‘‘https://www.gsa.gov/ BAGGAGE ALLOWANCE ■ 67. The authority citation for part mie’’ in its place. 304–6 continues to read as follows: ■ 60. The authority citation for Part Appendix E to Chapter 301 [Amended] Authority: 5 U.S.C. 5707; 31 U.S.C. 1353. 302–7 continues to read as follows: ■ § 302–6.2 [Amended] 52. Amend Appendix E to Chapter Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); ■ 301, Food and Drink, Meals section, E.O. 11609, as amended, 3 CFR, 1971–1975 68. Amend § 304–6.2 by removing fourth bullet point, by removing ‘‘5 Comp., p. 586. from the last sentence ‘‘Parts L and Q,’’. U.S.C. 4104(4)’’ and adding ‘‘5 U.S.C. 4109’’ in its place. § 302–7.101 [Amended] § 302–6.6 [Amended] ■ 69. Amend § 304–6.6 by: PART 302–1—GENERAL RULES ■ 61. Amend § 302–7.101 by removing ■ a. In paragraph (c), removing ‘‘www.gsa.gov/relocationpolicy’’ and ‘‘www.gsa.gov/mie’’ and adding ■ 53. The authority citation for Part adding ‘‘https://www.gsa.gov/relocation ‘‘https://www.gsa.gov/mie’’ in its place; 302–1 continues to read as follows: policy’’ in its place. and ■ b. In paragraph (e) removing ‘‘http:// Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a). § 302–7.110 [Amended] www.gsa.gov/perdiem’’ and adding § 302–1.2 [Amended] ■ 62. Amend § 302–7.110 by removing ‘‘https://www.gsa.gov/perdiem’’ in its ■ 54. In § 302–1.2 amend paragraph (d) ‘‘www.gsa.gov/relocationpolicy’’ and place. by removing ‘‘38 U.S.C. 235’’ and adding ‘‘https://www.gsa.gov/relocation [FR Doc. 2020–12788 Filed 7–1–20; 8:45 am] adding ‘‘38 U.S.C. 707’’ in its place. policy’’ in its place. BILLING CODE 6820–14–P

VerDate Sep<11>2014 16:51 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\02JYR1.SGM 02JYR1 khammond on DSKJM1Z7X2PROD with RULES 39851

Proposed Rules Federal Register Vol. 85, No. 128

Thursday, July 2, 2020

This section of the FEDERAL REGISTER Retirement System. As a result of new Section 841.403 of title 5, Code of contains notices to the public of the proposed legislation enacted on December 20, Federal Regulations, regulates the issuance of rules and regulations. The 2019, under sec. 211 of title II, division categories of employees for computation purpose of these notices is to give interested E of Public Law 116–94, the Further of normal cost percentages that the persons an opportunity to participate in the Consolidated Appropriations Act, 2020, government is required to pay for rule making prior to the adoption of the final rules. OPM was required to provide separate employees under 5 U.S.C. 8423. OPM’s normal cost percentages for certain proposed rule would amend its members of the Capitol Police as regulation under 5 CFR 841.403 to OFFICE OF PERSONNEL distinct from other Congressional eliminate the category of ‘‘Congressional MANAGEMENT Employees. Prior to the enactment of the employees, including members of the Further Consolidated Appropriations Capitol Police,’’ and to establish 5 CFR Part 841 Act, 2020, members of the Capitol separate normal cost percentages for RIN 3206–AO02 Police were combined with certain members of the Capitol Police Congressional Employees for the and for Congressional employees in Federal Employees’ Retirement purpose of determining the normal cost compliance with sec. 211 of title II, System; Normal Cost Percentage for percentages for those employee division E of Public Law 116–94, the Certain Members of the Capitol Police populations. This rule is necessary to Further Consolidated Appropriations ensure that the rules for computation of Act, 2020. In accordance with the AGENCY: Office of Personnel normal cost percentages are consistent Further Consolidated Appropriations Management. with the categories of employees as Act, 2020, 5 CFR 841.403 must list ACTION: Proposed rule. provided under 5 U.S.C. 8423(a)(1)(B)(i), members of the Capitol Police covered as amended by sec. 211 of title II, SUMMARY: The Office of Personnel under 5 U.S.C. 8412(d) and 5 U.S.C. division E of Public Law 116–94, the Management (OPM) is issuing a 8425(c) as separate categories. All other Further Consolidated Appropriations proposed rule to revise the categories of Capitol Police, who are not members Act, 2020. employees for computation of normal covered under 5 U.S.C. 8412(d) and 5 The Middle Class Tax Relief and Jobs cost percentages for certain members of U.S.C. 8425(c), will fall under the new Creation Act of 2012, sec. 5001 of Public the Capitol Police who are covered by category of ‘‘other Congressional Law 112–96, 126 Stat. 157, and the Federal Employees’ Retirement employees.’’ subsequently, sect. 401 of Public Law System (FERS) Act of 1986. 113–67, 113 Stat. 1165, the Bipartisan Regulatory Impact Analysis DATES: Send comments on or before Budget Act of 2013, increased the August 31, 2020. OPM has examined the impact of this retirement contributions for certain rule as required by Executive Order ADDRESSES: You may submit comments FERS employees (Revised Annuity identified by docket number and/or 12866 and Executive Order 13563, Employees (FERS–RAE) and Further which directs agencies to assess all costs Regulatory Information Number (RIN) Revised Annuity Employees (FERS– and title, by the following method: and benefits of available regulatory • FRAE)) and established separate FERS alternatives and, if regulation is Federal eRulemaking Portal: http:// deduction rates for Congressional www.regulations.gov. Follow the necessary, to select regulatory employees and members of the Capitol approaches that maximize net benefits instructions for submitting comments. Police. These Acts reduced the All submissions received must (including potential economic, retirement annuity accrual rates of new environmental, public, health, and include the agency name and docket legislative (Congressional) branch number or RIN for this document. The safety effects, distributive impacts, and employees (other than Capitol Police) equity). A regulatory impact analysis general policy for comments and other equal to that of most regular federal submissions from members of the public must be prepared for major rules with employees, while the retirement accrual economically significant effects of $100 is to make these submissions available rates for new Capitol Police remained at for public viewing at http:// million or more in any one year. This an enhanced level. Despite the rule was not designated as a ‘‘significant www.regulations.gov as they are difference in annuity benefits, these received without change, including any regulatory action,’’ under Executive Acts did not establish separate Order 12866. personal identifiers or contact employee categories for the computation information. of normal cost percentages for Capitol Reducing Regulation and Controlling FOR FURTHER INFORMATION CONTACT: Police versus other legislative branch Regulatory Costs Karla Yeakle, (202) 606–0299. employees. With the passage of the SUPPLEMENTARY INFORMATION: On April Further Consolidated Appropriations This rule is not an E.O. 13771 6, 2020, OPM published notice 85 FR Act, 2020, members of the Capitol regulatory action because this rule is 19174 in the Federal Register to revise Police covered under 5 U.S.C. 8412(d) related to agency organization, the normal cost percentages under the and 5 U.S.C. 8425(c), who receive management, or personnel. Federal Employees’ Retirement System enhanced retirement accrual rates Regulatory Flexibility Act (FERS) Act of 1986, Public Law 99–335, similar to that of law enforcement 100 Stat. 514, as amended, based on officers under 5 U.S.C. 8415(e), have The Office of Personnel Management economic assumptions and been removed from the Congressional certifies that this rule will not have a demographic factors adopted by the employee normal cost category and now significant economic impact on a Board of Actuaries of the Civil Service have their own normal cost category. substantial number of small entities.

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39852 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

Federalism form is 16,751 hours. The systems of OFFICE OF PERSONNEL We have examined this rule in record notice for this collection is: OPM MANAGEMENT accordance with Executive Order 13132, SORN CENTRAL–1–Civil Service Federalism, and have determined that Retirement and Insurance Records. 5 CFR Part 843 this rule will not have any negative List of Subjects in 5 CFR Part 841 RIN 3206–ANO03 impact on the rights, roles and responsibilities of State, local, or tribal Administrative practice and Federal Employees’ Retirement governments. procedure, Air traffic controllers, System; Present Value Conversion Factors for Spouses of Deceased Civil Justice Reform Claims, Disability benefits, Firefighters, Government employees, Income taxes, Separated Employees This regulation meets the applicable Intergovernmental relations, Law standard set forth in Executive Order AGENCY: Office of Personnel 12988. enforcement officers, Pensions, Management. Retirement. ACTION: Proposed rule. Unfunded Mandates Reform Act of Office of Personnel Management. 1995 SUMMARY: The Office of Personnel Alexys Stanley, This rule will not result in the Management (OPM) is issuing a expenditure by state, local, and tribal Regulatory Affairs Analyst. proposed rule to revise the table of reduction factors for early commencing governments, in the aggregate, or by the For the reasons stated in the private sector, of $100 million or more dates of survivor annuities for spouses preamble, the Office of Personnel of separated employees who die before in any year and it will not significantly Management proposes to amend 5 CFR or uniquely affect small governments. the date on which they would be part 841 as follows: Therefore, no actions were deemed eligible for unreduced deferred necessary under the provisions of the annuities, and to revise the annuity PART 841—FEDERAL EMPLOYEES factor for spouses of deceased Unfunded Mandates Reform Act of RETIREMENT SYSTEM—GENERAL 1995. employees who die in service when ADMINISTRATION those spouses elect to receive the basic Congressional Review Act employee death benefit in 36 This action pertains to agency ■ 1. The authority citation for part 841 installments under the Federal management, personnel, and continues to read as follows: Employees’ Retirement System (FERS) organization and does not substantially Authority: 5 U.S.C. 8461; Sec. 841.108 also Act of 1986. These rules are necessary affect the rights or obligations of issued under 5 U.S.C. 552a; Secs. 841.110 to ensure that the tables conform to the nonagency parties and, accordingly, is and 841.111 also issued under 5 U.S.C. economic and demographic not a ‘‘rule’’ as that term is used by the 8470(a); subpart D also issued under 5 U.S.C. assumptions adopted by the Board of Congressional Review Act (Subtitle E of 8423; Sec. 841.504 also issued under 5 U.S.C. Actuaries and published in the Federal the Small Business Regulatory 8422; Sec. 841.507 also issued under section Register on April 6, 2020. Enforcement Fairness Act of 1996 505 of Pub. L. 99–335; subpart J also issued DATES: Send comments on or before (SBREFA)). Therefore, the reporting under 5 U.S.C. 8469; Sec. 841.506 also issued August 31, 2020. requirement of 5 U.S.C. 801 does not under 5 U.S.C. 7701(b)(2); Sec. 841.508 also ADDRESSES: You may submit comments apply. issued under section 505 of Pub. L. 99–335; identified by docket number and/or Paperwork Reduction Act Sec. 841.604 also issued under Title II, Pub. Regulatory Information Number (RIN) L. 106–265, 114 Stat. 780. and title, by the following method: Notwithstanding any other provision • Federal eRulemaking Portal: http:// of law, no person is required to respond Subpart D—Government Costs www.regulations.gov. Follow the to, nor shall any person be subject to a ■ instructions for submitting comments. penalty for failure to comply with a 2. Amend § 841.403 by redesignating All submissions received must collection of information subject to the paragraphs (c) through (h) as paragraphs include the agency name and docket requirements of the Paperwork (d) through (i) respectively, revise number or RIN for this document. The Reduction Act of 1995 (44 U.S.C. 3501 paragraph (b), and add new paragraph general policy for comments and other et seq.) (PRA), unless that collection of (c) to read as follows: submissions from members of the public information displays a currently valid is to make these submissions available Office of Management and Budget § 841.403 Categories of employees for computation of normal cost percentages. for public viewing at http:// (OMB) Control Number. www.regulations.gov as they are This rule involves an OMB approved * * * * * received without change, including any collection of information subject to the (b) Capitol Police covered under 5 personal identifiers or contact PRA Application for Death Benefits U.S.C. 8412(d) and 5 U.S.C. 8425(c); information. (FERS)/Documentation and Elections in Support of Application for Death (c) Other Congressional employees; FOR FURTHER INFORMATION CONTACT: Benefits when Deceased was an * * * * * Karla Yeakle, (202) 606–0299. Employee at the Time of Death (FERS), [FR Doc. 2020–13610 Filed 7–1–20; 8:45 am] SUPPLEMENTARY INFORMATION: On April 3206–0172. The public reporting burden BILLING CODE 6325–38–P 6, 2020, OPM published notice 85 FR for this collection is estimated to 19174 in the Federal Register to revise average 60 minutes per response, the normal cost percentages under the including time for reviewing Federal Employees’ Retirement System instructions, searching existing data (FERS) Act of 1986, Public Law 99–335, sources, gathering and maintaining the 100 Stat. 514, as amended, based on data needed, and completing and economic assumptions and reviewing the collection of information. demographic factors adopted by the The total burden hour estimate for this Board of Actuaries of the Civil Service

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39853

Retirement System. By statute under 5 Reducing Regulation and Controlling (FERS)/Documentation and Elections in U.S.C. 8461(i), the revisions to the Regulatory Costs Support of Application for Death actuarial assumptions require This rule is not an E.O. 13771 Benefits when Deceased was an corresponding changes in factors used regulatory action because this rule is Employee at the Time of Death (FERS), to produce actuarially equivalent related to agency organization, 3206–0172. The public reporting burden benefits when required by the FERS Act. management, or personnel. for this collection is estimated to Section 843.309 of title 5, Code of average 60 minutes per response, Federal Regulations, regulates the Regulatory Flexibility Act including time for reviewing payment of the basic employee death The Office of Personnel Management instructions, searching existing data benefit. Under 5 U.S.C. 8442(b), the certifies that this rule will not have a sources, gathering and maintaining the basic employee death benefit may be significant economic impact on a data needed, and completing and paid to a surviving spouse as a lump substantial number of small entities. reviewing the collection of information. sum or as an equivalent benefit in 36 The total burden hour estimate for this installments. These rules amend 5 CFR Federalism form is 16,751 hours. The systems of 843.309(b)(2) to conform the factor used We have examined this rule in record notice for this collection is: OPM to convert the lump sum to 36- accordance with Executive Order 13132, SORN CENTRAL-1-Civil Service installment payments with the revised Federalism, and have determined that Retirement and Insurance Records. economic assumptions. this rule will not have any negative List of Subjects in 5 CFR Part 843 Section 843.311 of title 5, Code of impact on the rights, roles and Federal Regulations, regulates the responsibilities of State, local, or tribal Air traffic controllers, Disability benefits for the survivors of separated governments. benefits, Firefighters, Government employees under 5 U.S.C. 8442(c). This employees, Law enforcement officers, section provides a choice of benefits for Civil Justice Reform Pensions, Retirement. eligible current and former spouses. If This regulation meets the applicable the current or former spouse is the standard set forth in Executive Order Office of Personnel Management. person entitled to the unexpended 12988. Alexys Stanley, balance under the order of precedence Regulatory Affairs Analyst. under 5 U.S.C. 8424, he or she may elect Unfunded Mandates Reform Act of to receive the unexpended balance 1995 For the reasons stated in the instead of an annuity. If the separated This rule will not result in the preamble, the Office of Personnel employee died before having attained expenditure by state, local, and tribal Management proposes to amend 5 CFR the minimum retirement age, the governments, in the aggregate, or by the part 843 as follows: annuity commences on the day the private sector, of $100 million or more PART 843—FEDERAL EMPLOYEES deceased separated employee would in any year and it will not significantly RETIREMENT SYSTEM—DEATH have been eligible for an unreduced or uniquely affect small governments. BENEFITS AND EMPLOYEE REFUNDS annuity as specified under this section. Therefore, no actions were deemed If the current or former spouse instead necessary under the provisions of the ■ 1. The authority citation for part 843 elects to receive an adjusted annuity Unfunded Mandates Reform Act of is revised to read as follows: beginning on the day after the death of 1995. the separated employee, the annuity is Authority: 5 U.S.C. 8461; 843.205, 843.208, reduced using the factors in appendix A Congressional Review Act and 843.209 also issued under 5 U.S.C. 8424; to subpart C of part 843 to make the This action pertains to agency 843.309 also issued under 5 U.S.C. 8442; annuity actuarially equivalent to the management, personnel, and 843.406 also issued under 5 U.S.C. 8441. present value of the annuity that the organization and does not substantially Subpart C—Current and Former spouse or former spouse otherwise affect the rights or obligations of Spouse Benefits would have received. These rules nonagency parties and, accordingly, is amend appendix A to subpart C of part not a ‘‘rule’’ as that term is used by the ■ 2. In § 843.309, revise paragraph (b)(2) 843 to conform the factors to the revised Congressional Review Act (Subtitle E of to read as follows: actuarial assumptions. the Small Business Regulatory § 843.309 Basic employee death benefit. Regulatory Impact Analysis Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting * * * * * OPM has examined the impact of this requirement of 5 U.S.C. 801 does not (b) * * * rule as required by Executive Order apply. 12866 and Executive Order 13563, (2) For deaths occurring on or after which directs agencies to assess all costs Paperwork Reduction Act October 1, 2020, 36 equal monthly and benefits of available regulatory Notwithstanding any other provision installments of 2.95307 percent of the alternatives and, if regulation is of law, no person is required to respond amount of the basic employee death necessary, to select regulatory to, nor shall any person be subject to a benefit. approaches that maximize net benefits penalty for failure to comply with a * * * * * (including potential economic, collection of information subject to the ■ 3. Revise appendix A to subpart C of environmental, public, health, and requirements of the Paperwork part 843 to read as follows: safety effects, distributive impacts, and Reduction Act of 1995 (44 U.S.C. 3501 equity). A regulatory impact analysis et seq.) (PRA), unless that collection of Appendix A to Subpart C of Part 843— must be prepared for major rules with information displays a currently valid Present Value Conversion Factors for economically significant effects of $100 Office of Management and Budget Earlier Commencing Date of Annuities million or more in any one year. This (OMB) Control Number. of Current and Former Spouses of rule was not designated as a ‘‘significant This rule involves an OMB approved Deceased Separated Employees regulatory action,’’ under Executive collection of information subject to the With at least 10 but less than 20 years of Order 12866. PRA Application for Death Benefits creditable service—

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39854 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

Age of separated Multiplier by acceptable under the Commission’s employee at birthday Multiplier separated eFiling rules. before death employee’s year • Mail/Hand Delivery: Commenters Age of separated of birth unable to file comments electronically 26 ...... 1014 employee at birthday before death From must mail or hand deliver an original to: 27 ...... 1077 Federal Energy Regulatory Commission, 28 ...... 1144 After 1950 1966 through Office of the Secretary, 888 First Street 29 ...... 1215 1966 30 ...... 1290 NE, Washington, DC 20426. 31 ...... 1370 46 ...... 4881 .5228 FOR FURTHER INFORMATION CONTACT: 32 ...... 1454 47 ...... 5194 .5563 Monil Patel (Technical Information), 33 ...... 1544 48 ...... 5531 .5924 Office of Energy Market Regulation, 34 ...... 1641 49 ...... 5894 .6314 Federal Energy Regulatory 35 ...... 1742 50 ...... 6283 .6730 Commission, 888 First Street NE, 36 ...... 1852 51 ...... 6704 .7180 Washington, DC 20426, (202) 502– 37 ...... 1963 52 ...... 7154 .7662 8296, [email protected]. 38 ...... 2090 53 ...... 7638 .8181 Evan Steiner (Legal Information), Office 39 ...... 2216 54 ...... 8162 .8741 of the General Counsel, Federal 40 ...... 2348 55 ...... 8725 .9345 Energy Regulatory Commission, 888 41 ...... 2498 56 ...... 9338 1.0000 42 ...... 2657 First Street NE, Washington, DC 43 ...... 2822 [FR Doc. 2020–13609 Filed 7–1–20; 8:45 am] 20426, (202) 502–8792, Evan.Steiner@ ferc.gov. 44 ...... 3007 BILLING CODE 6325–38–P 45 ...... 3197 SUPPLEMENTARY INFORMATION: 46 ...... 3409 1. The Commission annually applies 47 ...... 3625 an index to existing oil pipeline DEPARTMENT OF ENERGY 48 ...... 3860 transportation rate ceilings to establish 49 ...... 4114 new rate ceiling levels.1 The 50 ...... 4386 Federal Energy Regulatory Commission Commission reexamines the index level 51 ...... 4681 every five years.2 In this notice of 52 ...... 4997 53 ...... 5336 18 CFR Part 342 inquiry (NOI), the Commission invites 54 ...... 5703 comments on its proposal to use the [Docket No. RM20–14–000] 55 ...... 6095 Producer Price Index for Finished Goods (PPI–FG) 3 plus 0.09% as the 56 ...... 6527 Five-Year Review of the Oil Pipeline 57 ...... 6994 index level for the next five years 58 ...... 7499 Index beginning July 1, 2021.4 This proposal 59 ...... 8047 AGENCY: Federal Energy Regulatory is based on the Kahn Methodology 60 ...... 8642 Commission, Department of Energy. established in Order No. 561 and 61 ...... 9291 applied in subsequent five-year index ACTION: Notice of inquiry. review proceedings.5 With at least 20, but less than 30 years of 2. As discussed below, commenters creditable service— SUMMARY: The Federal Energy Regulatory Commission (Commission) are invited to submit comments invites comments on its proposed index Age of separated 1 employee at birthday before Multiplier level used to determine annual changes Indexing allows oil pipelines to change their death tariff rates so long as those rates remain at or below to oil pipeline rate ceilings. The certain ceiling levels. 18 CFR 342.3(a). Commission proposes to use the 2 The five-year index review process was 36 ...... 2142 Producer Price Index for Finished established in Order No. 561. See Revisions to Oil 37 ...... 2272 Goods (PPI–FG) plus 0.09% as the index Pipeline Regulations Pursuant to the Energy Policy 38 ...... 2418 Act of 1992, Order No. 561, FERC Stats. & Regs. 39 ...... 2566 level for the five-year period ¶ 30,985 (1993), order on reh’g, Order No. 561–A, 40 ...... 2720 commencing July 1, 2021. The FERC Stats. & Regs. ¶ 31,000 (1994), aff’d, Ass’n of 41 ...... 2894 Commission invites interested persons Oil Pipe Lines v. FERC, 83 F.3d 1424 (D.C. Cir. 42 ...... 3078 to submit comments regarding this 1996). 3 43 ...... 3270 proposal and any alternative The PPI–FG is determined and issued by the Bureau of Labor Statistics, U.S. Department of 44 ...... 3484 methodologies for calculating the index Labor. 45 ...... 3705 level. 4 As provided by 18 CFR 342.3(d)(2), ‘‘The index 46 ...... 3949 DATES: Initial Comments are due on or will be calculated by dividing the PPI–FG for the 47 ...... 4201 calendar year immediately preceding the index 48 ...... 4473 before August 17, 2020, and Reply year, by the previous calendar year’s PPI–FG.’’ 49 ...... 4767 Comments are due on or before Multiplying the rate ceiling effective on June 30 of 50 ...... 5082 September 11, 2020. the index year by the resulting number establishes 51 ...... 5423 the new rate ceiling for the year beginning the next ADDRESSES: You may submit comments, day, July 1. 52 ...... 5788 identified by docket number, by any of 5 Five-Year Review of the Oil Pipeline Index, 153 53 ...... 6180 the following methods: FERC ¶ 61,312, at PP 5, 12–18 (2015) (2015 Index 54 ...... 6605 • Agency Website: http:// Review), aff’d, Ass’n of Oil Pipe Lines v. FERC, 876 55 ...... 7060 www.ferc.gov. Documents created F.3d 336 (D.C. Cir. 2017); Five-Year Review of Oil 56 ...... 7558 Pipeline Pricing Index, 133 FERC ¶ 61,228, at PP 5– 57 ...... 8096 electronically using word processing 9, 60–63 (2010) (2010 Index Review), order on 58 ...... 8680 software should be filed in native reh’g, 135 FERC ¶ 61,172 (2011); see also Five-Year 59 ...... 9312 applications or print-to-PDF format and Review of Oil Pipeline Pricing Index, 114 FERC not in a scanned format. All supporting ¶ 61,293 (2006) (2005 Index Review); Five-Year Review of Oil Pipeline Pricing Index, 102 FERC With at least 30 years of creditable workpapers must be submitted with ¶ 61,195 (2003), aff’d, Flying J Inc. v. FERC, 363 service— formulas and in a spreadsheet format F.3d 495 (D.C. Cir. 2004).

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39855

regarding the Commission’s proposal prior five-year period. The index level is that such data may help the and any alternative methodologies for then set at PPI–FG plus (or minus) this Commission better estimate industry- calculating the index level. Among differential. wide cost changes for purposes of the other issues, these comments may 18 B. Developments Since the Most Recent five-year index review. The address different data trimming Five-Year Review Commission explained that following methodologies and whether and how Office of Management and Budget 5. Since the Commission’s most the index should reflect changes to the (OMB) approval of this voluntary recent review of the index in 2015, the Commission’s policies regarding income information collection pursuant to the Commission has adopted two major tax costs and return on equity (ROE). Paperwork Reduction Act,19 the The Commission will select a final changes to the cost-of-service Commission will issue a notice index level at the conclusion of this methodology used to populate page 700 affording pipelines two weeks to file proceeding. data. First, in 2018, the Commission revised its policy concerning the updated Form No. 6, page 700 data I. Background treatment of income taxes and reflecting the revised ROE 20 A. Five-Year Review Process Accumulated Deferred Income Taxes methodology. (ADIT) in the rates of master limited 3. In Order No. 561, the Commission II. Commission Proposal partnership (MLP) pipelines (income tax established an indexing methodology policy change). Following the remand in that allows oil pipelines to change rates 7. We propose PPI–FG plus 0.09% as United Airlines, Inc. v. FERC,11 the based upon an annual index as opposed the index level for the five-year period Commission determined that an to making cost-of-service filings.6 The commencing July 1, 2021. This proposal impermissible double recovery results Commission committed to review the is based on the Kahn Methodology as from granting MLP pipelines an income index level every five years to ensure applied to Form No. 6, page 700 data tax allowance when using the that the index level chosen by the from the 2014 through 2019 period. The discounted cash flow (DCF) Commission adequately reflects changes Commission’s calculations are included methodology.12 Thus, the Commission to industry costs.7 in workpapers available in this docket instructed MLP oil pipelines to 4. In Order No. 561 and each 21 eliminate the income tax allowance on the Commission’s eLibrary system. . successive five-year index review, the This proposal is subject to change based Commission has calculated the index from page 700 costs filed on April 18, 2018 13 and clarified that pipelines upon the updated Form No. 6, page 700 level based upon a methodology data for 2019 and other potential developed by Dr. Alfred E. Kahn.8 The eliminating an income tax allowance may also eliminate previously- adjustments as supported by the record Kahn Methodology uses pipeline data in this proceeding. 9 accumulated ADIT from their costs of from Form No. 6, page 700 from the 14 prior five-year period to determine an service. The Commission further 8. We invite interested persons to adjustment to be applied to PPI–FG. The stated that it would incorporate the submit comments regarding the calculation is as follows. Each pipeline’s effects of the income tax policy change Commission’s proposal and any cost change on a per barrel-mile basis on industry-wide oil pipeline costs in alternative methodologies for over the prior five-year period (e.g., the the 2020 five-year review of the oil calculating the index level for the five- 15 years 2014–2019 in this proceeding) is pipeline index level. year period commencing July 1, 2021. calculated. In order to remove statistical 6. Second, on May 21, 2020, the Commenters may address issues that outliers and spurious data, the resulting Commission issued a policy statement include, but are not limited to, different data set is trimmed to those oil revising its methodology for data trimming methodologies and determining ROE for interstate natural pipelines in the middle 50% of cost whether, and if so how, the Commission gas and oil pipelines (ROE policy changes. The Kahn Methodology then should reflect the effects of cost-of- change).16 The Commission departed calculates three measures of the middle service policy changes in the calculation from its longstanding policy of 50% central tendency: The median, the of the index level. mean, and a weighted mean.10 The determining pipeline ROEs by relying Kahn Methodology calculates a solely on the discounted cash flow model (DCF) and expanded its 18 Id. P 92. The Commission further explained composite by averaging these three that pipelines that previously filed Form No. 6 for measures of central tendency and methodology to afford equal weighting 2019 and choose to submit updated page 700 data measures the difference between the to the results of DCF and Capital Asset should, in a footnote on the updated page 700, 17 composite and the PPI–FG over the Pricing Model (CAPM) analyses. either (a) confirm that their previously filed Form Moreover, the Commission encouraged No. 6 was based solely upon the DCF model or (b) provide the real ROE and resulting cost of service 6 Order No. 561, FERC Stats. & Regs. ¶ 30,985 at oil pipelines to file updated Form No. based solely upon the DCF model as it was applied 30,947. 6, page 700 data for 2019 reflecting the to oil pipelines prior to the ROE Policy Statement. 7 Id. revised ROE methodology, explaining Id. 8 The Commission’s use of the Kahn Methodology 19 44 U.S.C. 3501–21. 20 has been affirmed by the United States Court of 11 827 F.3d 122 (D.C. Cir. 2016). ROE Policy Statement, 171 FERC ¶ 61,155 at P Appeals for the District of Columbia Circuit. Ass’n 93. The Commission clarified that pipelines that 12 Inquiry Regarding the Commission’s Policy for of Oil Pipelines v. FERC, 83 F.3d 1424 (D.C. Cir. have not filed Form No. 6 for 2019 (e.g., pipelines Recovery of Income Tax Costs, 162 FERC ¶ 61,227, 1996); Flying J Inc. v. FERC, 363 F.3d 495 (D.C. Cir. that have received an extension of the Form No. 6 at P 8 (2018) (Income Tax Policy Statement), reh’g 2004). filing deadline) should file page 700 data consistent denied, 164 FERC ¶ 61,030 (2018) (Income Tax 9 2015 Index Review, 153 FERC ¶ 61,312 at P 12 with their previously granted extensions and such Policy Statement Rehearing Order). (updating the Commission’s calculation of the five- filings should be based upon the DCF model, which 13 year oil pipeline index to use page 700 data to Id. P 46. was the Commission’s oil pipeline ROE measure changing barrel-mile costs). Page 700 14 Income Tax Policy Statement Rehearing Order, methodology as of April 20, 2020. Id. Moreover, provides summarized interstate barrel-mile and 164 FERC ¶ 61,030 at P 13. upon OMB approval of the information collection cost-of-service data consistent with the 15 Income Tax Policy Statement, 162 FERC in the ROE Policy Statement, those pipelines will Commission’s cost-of-service methodology. Id. PP ¶ 61,227 at P 46. have the opportunity to file updated page 700 data 12–13, 16. 16 Inquiry Regarding the Commission’s Policy for reflecting the Commission’s revised oil pipeline 10 The weighted mean assigns a different weight Determining Return on Equity, 171 FERC ¶ 61,155 ROE methodology. Id. n.192. to each pipeline’s cost change based on the (2020) (ROE Policy Statement). 21 See infra P 17 (discussing the Commission’s pipeline’s total barrel-miles. 17 Id. PP 18, 28, 50. eLibrary system).

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39856 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

A. Trimming of the Data Set index level in the next five-year index are not required to serve copies of their 9. The Commission calculated the review. Second, litigating policy comments on other commenters. changes in the five-year index review proposed index level by trimming the IV. Document Availability data set to the middle 50 percent of all would be impractical because, whereas oil pipelines, consistent with the the Commission’s policies are 16. In addition to publishing the full Commission’s practice in the 2010 and continually evolving, the five-year index text of this document in the Federal 2015 index reviews.22 We encourage review is based upon a snapshot of Register, the Commission provides all commenters to address whether the pipeline cost changes during the interested persons an opportunity to Commission should continue to trim the applicable review period. Third, view and/or print the contents of this data set to the middle 50 or adopt an litigating policy changes would document via the internet through the alternative approach to data trimming, improperly complicate and prolong the Commission’s Home Page (http:// such as returning to the Commission’s five-year index review by introducing www.ferc.gov). At this time, the prior practice of considering the middle complex cost-of-service issues that can Commission has suspended access to 80 23 or any other approach. require years to resolve.27 The the Commission’s Public Reference Commenters should explain why any Commission must complete this five- Room, due to the proclamation such alternative approach is superior to year index review in order to establish declaring a National Emergency the middle 50 and how it would the index level in sufficient time for it concerning the Novel Coronavirus appropriately address outliers and to be used by pipelines in the index Disease (COVID–19), issued by the spurious data that could bias the results filings to be effective July 1, 2021. President on March 13, 2020. in either direction. Finally, cost-of-service rate proceedings, 17. From the Commission’s Home where participants and the Commission Page on the internet, this information is B. Cost-of-Service Policy Changes have a full opportunity to develop an available on eLibrary. The full text of 10. As discussed above, the evidentiary record, are a more this document is available on eLibrary Commission uses the Kahn appropriate forum for litigating policy in PDF and Microsoft Word format for Methodology to measure changes in changes than the generic, industry-wide viewing, printing, and/or downloading. pipeline costs using page 700 data from proceeding on the five-year index To access this document in eLibrary, the prior five-year period. Accordingly, review. type the docket number excluding the the Commission’s proposal incorporates last three digits of this document in the the effects of the income tax policy III. Comment Procedures docket number field. change on industry-wide oil pipeline 12. Initial Comments are due on or 18. User assistance is available for costs because this policy change is before August 17, 2020 and Reply eLibrary and the Commission’s website reflected in pipelines’ page 700 data. Comments are due on or before during normal business hours. For The Commission’s proposal does not September 11, 2020. Comments must assistance, please contact the include the effects of the ROE policy refer to Docket No. RM20–14–000, and Commission’s Online Support at (202) change because page 700 data reflecting must include the name of the 502–6652 (toll free at 1–866–208–3676) that policy change has yet to be filed. commenter, the organization they or email at [email protected], However, as explained in the ROE represent, if applicable, and their or the Public Reference Room at (202) Policy Statement, the Commission will address. 502–8371, TTY (202) 502–8659. Email afford pipelines an opportunity to file 13. We encourage comments to be the Public Reference Room at this data for consideration in this five- filed electronically via the eFiling link [email protected]. 24 year index review. As discussed on the Commission’s website at http:// By direction of the Commission. above, interested persons may address www.ferc.gov. The Commission accepts Issued: June 18, 2020. whether, and if so how, the Commission most standard word processing formats. Nathaniel J. Davis, Sr., should reflect the effects of cost-of- Documents created electronically using service policy changes (including the word processing software should be Deputy Secretary. income tax policy change 25 and the filed in native applications or print-to- [FR Doc. 2020–13623 Filed 7–1–20; 8:45 am] ROE policy change 26) in the calculation PDF format and not in a scanned format. BILLING CODE 6717–01–P of the index level. All supporting workpapers must be 11. However, this proceeding is not submitted with formulas and in a the appropriate forum to litigate the spreadsheet format acceptable under the DEPARTMENT OF DEFENSE merits of the policy changes themselves. Commission’s eFiling rules. Litigating the merits of cost-of-service Commenters filing electronically do not Office of the Secretary policy changes in the five-year index need to make a paper filing. review is inappropriate for several 14. Commenters that are not able to 32 CFR Part 286 reasons. First, the index adjusts for and file comments electronically must send [Docket ID: DOD–2019–OS–0069] the effects of subsequent changes to the an original of their comments to: Commission’s cost-of-service policies Federal Energy Regulatory Commission, RIN 0790–AK54 which could be incorporated into the Secretary of the Commission, 888 First Street NE, Washington, DC 20426. DoD Freedom of Information Act 22 2015 Index Review, 153 FERC ¶ 61,312 at PP 15. All comments will be placed in (FOIA) Program; Amendment 42–44; 2010 Index Review, 133 FERC ¶ 61,228 at PP the Commission’s public files and may 60–63. AGENCY: Department of Defense. be viewed, printed, or downloaded 23 See, e.g., 2005 Index Review, 114 FERC ACTION: Proposed rule; amendment. ¶ 61,293. remotely as described in the Document 24 ROE Policy Statement, 171 FERC ¶ 61,155 at P Availability section below. Commenters SUMMARY: The Department of Defense 93. (DoD) is proposing to amend its 25 Income Tax Policy Statement, 162 FERC 27 See, e.g., SFPP, L.P., Opinion No. 511–C, 162 ¶ 61,227 at P 8. FERC ¶ 61,228, at PP 4–7 (2018) (noting that the Freedom of Information Act (FOIA) 26 ROE Policy Statement, 171 FERC ¶ 61,155 at P litigation culminating in the 2018 income tax policy regulation, which last published in the 2. change began in 2008). Federal Register as a final rule on

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39857

February 6, 2018, to update certain determine whether to participate in Benefits administrative aspects of the FOIA alternative dispute resolution Department’s implementation of the when it is requested by a requester. The benefit of USCYBERCOM establishing its own FOIA Requester FOIA, including adding an additional The amendments become effective FOIA Requester Service Center. DoD is Service Center is that FOIA action once this rule is published as a final officers would have a direct and deeper also proposing to clarify, by adopting rule. The Department does not the standards set forth in the knowledge of USCYBERCOM records, anticipate any cost associated with this allowing for requests to be more readily Department of Justice’s (DOJ) Template proposed amendment. for Agency FOIA Regulations, that the completed within statutory timelines. decision to participate in FOIA Summary of the Revisions Implemented This amendment also clarifies that alternative dispute resolution services is by This Rule DoD possesses the discretion to voluntary on the part of the requestor determine whether to participate in DoD is proposing to make and DoD. FOIA alternative dispute resolution amendments to update the listed DATES: Comments must be received by when it is requested by a requester. This designated FOIA Requester Service August 31, 2020. clarification is necessary to ensure that Centers and to correct language ADDRESSES: requesters understand FOIA alternative You may submit comments, concerning FOIA alternative dispute identified by docket number and/or resolution. dispute resolution is voluntary on the Regulatory Information Number (RIN) part of both parties and the Agency, as number and title, by any of the Authority one of the parties to the mediation, may following methods: choose not to mediate a given FOIA Federal Rulemaking Portal: http:// According to the FOIA, 5 U.S.C. 552, dispute on a case-by-case basis. www.regulations.gov. Follow the an agency may, in its published Furthermore, adding this language instructions for submitting comments. administrative rules and regulations, clarifies that the alternative dispute Mail: DoD cannot receive written designate those components that can resolution process is governed by the comments at this time due to the receive FOIA requests. Additionally, the National Archives and Records COVID–19 pandemic. Comments should FOIA requires agencies to establish Administration, the Office of be sent electronically to the docket FOIA Public Liaisons, which are Government Information Service (OGIS) listed above. responsible for assisting in reducing as mandated by the Freedom of Instructions: All submissions received delays, increasing transparency and Information Act. must include the agency name and understanding of the status of requests, docket number or RIN for this and assisting in the resolution of Executive Orders document. The general policy is for disputes. Executive Order 12866, ‘‘Regulatory submissions to be made available for Planning and Review’’ and Executive public viewing at http:// Regulatory History Order 13563, ‘‘Improving Regulation www.regulations.gov without change, On February 6, 2018 (83 FR 5196– and Regulatory Review’’ including any personal identifiers or 5197), the Department of Defense contact information. published a final rule that revised Executive Orders 12866 and 13563 FOR FURTHER INFORMATION CONTACT: Department of Defense (DoD) Freedom direct agencies to assess all costs and Melissa Walker at 571–372–0462. of Information Act (FOIA) regulation to benefits of available regulatory SUPPLEMENTARY INFORMATION: implement the FOIA and incorporate alternatives and, if regulation is necessary, to select regulatory Executive Summary the provisions of the Openness Promotes Effectiveness in our National approaches that maximize net benefits Under the FOIA, 5 U.S.C. 552, Government Act of 2007 and the FOIA (including potential economic, agencies are afforded a certain amount Improvement Act of 2016. environmental, public health and safety of discretion in administratively effects, distribute impacts, and equity). implementing the Act. For example, Regulatory Impact Analysis Executive Order 13563 emphasizes the agencies can designate which of their We developed this rule after importance of quantifying both costs Components are authorized to receive and benefits, of reducing costs, of FOIA requests. In this proposed considering numerous statutes and Executive Orders (E.O.s) related to harmonizing rules, and of promoting amendment, DoD is adding the United flexibility. It has been determined that States Cyber Command rulemaking. Below we summarize our analyses based on these statutes or this rule is not a significant regulatory (USCYBERCOM) as an authorized FOIA action. Requester Service Center. Since the E.O.s. service center has already been Costs Executive Order 13771, ‘‘Reducing implemented, DoD is seeking to align Regulation and Controlling Regulatory the rule with the action. DoD also seeks The Department does not anticipate Costs’’ to update the list of those Components any costs associated with this rule serviced by the Office of the Secretary change. Prior to establishing its own This rule has been deemed not of Defense and Joint Staff FOIA FOIA Requester Service Center, significant under Executive Order (E.O.) Requester Service Center. USCYBERCOM’s FOIA requests were 12866, ‘‘Regulatory Planning and Further, this proposed amendment serviced by the United States Strategic Review,’’ therefore, the requirements of seeks to clarify language concerning Command FOIA Requester Service E.O. 13771, ‘‘Reducing Regulation and DoD’s participation in FOIA ‘‘Dispute Center. Since FOIA requests concerning Controlling Regulatory Costs’’ do not Resolution,’’ found in § 286.4. This USCYBERCOM previously existed, the apply. proposed amendment, which adopts the cost associated with processing the Congressional Review Act standard set forth in DOJ’s Template for request is unchanged and would be Agency FOIA Regulations, clarifies that realigned from USSTRATCOM to the This rule is not a ‘‘major rule’’ as DoD possesses the discretion to new FOIA Requester Service Center. defined by 5 U.S.C. 804(2).

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39858 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

Public Law 104–4, ‘‘Unfunded Mandates ■ i. Adding the words ‘‘Defense Digital Adjustments for Tier 3 Certification Test Reform Act’’ (2 U.S.C. Ch. 25) Service,’’ after the words ‘‘Defense Fuel rule, which was published on May This proposed rule is not subject to Advanced Research Projects Agency.’’ 13, 2020. EPA is proposing adjustment ■ factors to apply to vehicle GHG and fuel the Unfunded Mandates Reform Act ii. Adding the words ‘‘Defense economy test results for the GHG and because it does not contain a federal Innovation Unit,’’ after the words CAFE programs and the Fuel Economy mandate that may result in the ‘‘Defense Equal Opportunity and Environment Label as EPA expenditure by state, local, and tribal Management Institute.’’ ■ separately implements changes in light- governments, in the aggregate, or by the iii. Adding the words ‘‘Space duty vehicle gasoline test fuel private sector, of $100 M or more in any Development Agency,’’ after the words properties. one year. ‘‘Pentagon Force Protection Agency.’’ ■ iv. Removing the words ‘‘Joint DATES: EPA will hold a virtual public Public Law 96–354, ‘‘Regulatory Improvised-Threat Defeat Agency.’’ hearing on July 13, 2020. Please refer to Flexibility Act’’ (5 U.S.C. Ch. 6) ■ 3. Amend § 286.4 by revising the SUPPLEMENTARY INFORMATION section It has been certified that this proposed paragraph (b) to read as follows: for additional information on the public rule is not subject to the Regulatory § 286.4 FOIA Public Liaisons and the hearing. Flexibility Act because it does not have Office of Government Information Services. ADDRESSES: The virtual public hearing a significant economic impact on a * * * * * will be held on July 13, 2020. The substantial number of small entities. (b) Engaging in dispute resolution hearing will begin at 1 p.m. Eastern The rule will implement the procedures services provided by OGIS. These Time (ET) and end when all parties who for processing FOIA requests within the dispute resolution processes are wish to speak have had an opportunity Department of Defense, which do not voluntary processes. If a DoD to do so. All hearing attendees create such an impact. Component agrees to participate in the (including even those who do not intend to provide testimony) should dispute resolution services provided by Public Law 96–511, ‘‘Paperwork notify the contact person listed under the Office of Government Information Reduction Act’’ (44 U.S.C. Ch. 35) FOR FURTHER INFORMATION CONTACT by services (OGIS), it will actively engage July 8, 2020. Additional information This proposed rule does not impose as a partner to the process in an attempt regarding the hearing appears below reporting or recordkeeping requirements to resolve the dispute. under the Paperwork Reduction Act of under SUPPLEMENTARY INFORMATION. 1995. § 286.11 [Amended] FOR FURTHER INFORMATION CONTACT: Tad ■ Wysor, Office of Transportation and Air Executive Order 13132, ‘‘Federalism’’ 4. Amend § 286.11 by: ■ a. In paragraph (b)(1), removing the Quality, Assessment and Standards Executive Order 13132 establishes words ‘‘Defense Security Service’’ and Division, Environmental Protection certain requirements that an agency adding in its place the words ‘‘Defense Agency, 2000 Traverwood Drive, Ann must meet when it promulgates a rule Counterintelligence and Security Arbor, MI 48105; telephone number: that imposes substantial direct Agency.’’ 734–214–4332; email address: ASD- requirement costs on state and local ■ b. In paragraph (b)(2), adding the [email protected]. governments, preempts state law, or words ‘‘United States Cyber Command,’’ SUPPLEMENTARY INFORMATION: EPA is otherwise has federalism implications. after the words ‘‘United States Central proposing adjustment factors to apply to This proposed rule will not have a Command.’’ vehicle GHG and fuel economy test substantial effect on state and local results for the GHG and CAFE programs Dated: June 19, 2020. governments, or otherwise have and the Fuel Economy and Environment federalism implications. Aaron T. Siegel, Label as EPA separately implements Alternate OSD Federal Register Liaison List of Subjects in 32 CFR Part 286 changes in light-duty vehicle gasoline Officer, Department of Defense. test fuel properties under the Tier 3 Freedom of information. [FR Doc. 2020–13608 Filed 7–1–20; 8:45 am] Motor Vehicle Emission and Fuel Accordingly, 32 CFR part 286 is BILLING CODE 5001–06–P Standards (Tier 3 final rule at 79 FR proposed to be amended to read as 23414, April 28, 2014). follows: Participation in virtual public ENVIRONMENTAL PROTECTION hearing. Please note that EPA is PART 286—DOD FREEDOM OF AGENCY deviating from its typical approach INFORMATION ACT (FOIA) PROGRAM because the President has declared a 40 CFR Parts 86 and 600 national emergency. Because of current ■ 1. The authority citation for part 286 [EPA–HQ–OAR–2016–0604; FRL–10010–95– CDC recommendations, as well as state continues to read as follows: OAR] and local orders for social distancing to Authority: 5 U.S.C. 552. limit the spread of COVID–19, EPA RIN 2060–AT21 cannot hold in-person public meetings § 286.3 [Amended] Public Hearing for Vehicle Test at this time. ■ 2. Amend § 286.3 by: Procedure Adjustments for Tier 3 The virtual public hearing will ■ a. In paragraph (a): Certification Test Fuel provide interested parties the ■ i. Adding the words ‘‘United States opportunity to present data, views, or Cyber Command,’’ after the words AGENCY: Environmental Protection arguments concerning the proposal ‘‘United States Central Command.’’ Agency (EPA). (which is available at https:// ■ ii. Removing the words ‘‘Defense ACTION: Notification of public hearing. www.epa.gov/regulations-emissions- Security Service’’ and adding in its vehicles-and-engines/vehicle-test- place the words ‘‘Defense SUMMARY: The Environmental Protection procedure-adjustments-tier-3- Counterintelligence and Security Agency (EPA) is announcing a virtual certification). EPA may ask clarifying Agency.’’ public hearing to be held July 13, 2020, questions during the oral presentations ■ b. In paragraph (b): on its proposed Vehicle Test Procedure but will not respond to the

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39859

presentations at that time. Written FEDERAL COMMUNICATIONS disabilities (Braille, large print, statements and supporting information COMMISSION electronic files, audio format), send an submitted during the comment period email to [email protected] or call the will be considered with the same weight 47 CFR Part 1 Consumer & Governmental Affairs as any oral comments and supporting [WT Docket No. 19–250 and RM–11849; FCC Bureau at 202–418–0530 (voice), 202– information presented at the public 20–75; FRS 16875] 418–0432 (TTY). hearing. EPA recommends submitting Comments and Reply Comments: the text of your oral comments as Accelerating Wireless and Wireline Pursuant to Sections 1.415 and 1.419 of written comments to the rulemaking Broadband Deployment by Removing the Commission’s rules, 47 CFR 1.415, docket. Due to the date of the hearing, Barriers to Infrastructure Investment 1.419, interested parties may file comments and reply comments on or EPA is extending the comment period AGENCY: Federal Communications from August 11, 2020 until August 14, before the dates indicated on the first Commission. page of this document. Comments may 2020. EPA must receive comments on or ACTION: Proposed rule. be filed using the Commission’s before that date. SUMMARY: Electronic Comment Filing System EPA is also asking all hearing The Federal Communications Commission (‘‘Commission’’ or ‘‘FCC’’) (ECFS). See Electronic Filing of attendees to pre-register for the hearing proposes rule changes that would allow Documents in Rulemaking Proceedings, by sending an email to the address applicants to excavate or deploy 63 FR 24121 (1998). FOR FURTHER INFORMATION • listed in the wireless facilities outside the Electronic Filers: Comments may be CONTACT section above, even those who boundaries of an existing tower site. The filed electronically using the internet by do not intend to provide testimony. This Commission proposes to revise the accessing the ECFS: http://apps.fcc.gov/ will help EPA ensure that sufficient definition of ‘‘site’’ in the Commission’s ecfs/. • phone lines will be available. rules to make clear that ‘‘site’’ refers to Paper Filers: Parties who choose to Please note that any updates made to the boundary of the leased or owned file by paper must file an original and any aspect of the hearing logistics, property surrounding the tower and any one copy of each filing. If more than one including potential additional sessions, access or utility easements currently docket or rulemaking number appears in the caption of this proceeding, filers will be posted online at https:// related to the site as of the date that the must submit two additional copies for www.epa.gov/regulations-emissions- facility was last reviewed and approved each additional docket or rulemaking vehicles-and-engines/vehicle-test- by a locality. The Commission also proposes to amend its rules so that a number. procedure-adjustments-tier-3- • Filings can be sent by commercial certification. While EPA expects the modification of an existing facility that entails ground excavation or overnight courier, or by first-class or hearing to go forward as set forth above, overnight U.S. Postal Service mail. All please monitor our website or contact deployment of up to 30 feet in any direction outside the facility’s site will filings must be addressed to the the person listed in the FOR FURTHER be eligible for streamlined processing Commission’s Secretary, Office of the INFORMATION CONTACT section to under the Spectrum Act. The Notice of Secretary, Federal Communications determine if there are any updates. Proposed Rulemaking (NPRM) also Commission. • If you require the services of a seeks comment on whether the Commercial overnight mail (other translator or special accommodations Commission should adopt a different than U.S. Postal Service Express Mail such as audio description, please pre- definition of ‘‘site’’ than the one and Priority Mail) must be sent to 9050 register for the hearing and describe proposed. Junction Drive, Annapolis Junction, MD your needs by July 1, 2020. EPA may 20701. U.S. Postal Service first-class, DATES: Interested parties may file Express, and Priority mail must be not be able to arrange accommodations comments on or before July 22, 2020, without advanced notice. addressed to 445 12th Street SW, and reply comments on or before Washington, DC 20554. How can I get copies of the proposed August 3, 2020. • Effective March 19, 2020, and until action and other related information? ADDRESSES: 445 12th Street SW, further notice, the Commission no EPA has established a docket for this Washington, DC 20554. For detailed longer accepts any hand or messenger action under Docket ID No. EPA–HQ– instructions for submitting comments delivered filings. This is a temporary OAR–2016–0604. EPA has also and additional information on the measure taken to help protect the health developed a website for the rule at rulemaking process, see the and safety of individuals, and to https://www.epa.gov/regulations- SUPPLEMENTARY INFORMATION section of mitigate the transmission of COVID–19. emissions-vehicles-and-engines/vehicle- this document. See FCC Announces Closure of FCC test-procedure-adjustments-tier-3- FOR FURTHER INFORMATION CONTACT: For Headquarters Open Window and certification. Please refer to the notice of further information on this proceeding, Change in Hand-Delivery Policy, Public proposed rulemaking for detailed contact Paul D’Ari, [email protected], Notice, DA 20–304 (March 19, 2020). information on accessing information of the Wireless Telecommunications https://www.fcc.gov/document/fcc- related to the proposal. Bureau, Competition & Infrastructure closes-headquarters-open-window-and- Policy Division, (202) 418–1150. changes-hand-delivery-policy. Dated: June 26, 2020. SUPPLEMENTARY INFORMATION: This is a • During the time the Commission’s Sarah Dunham, summary of the Commission’s Notice of building is closed to the general public Director, Office of Transportation and Air Proposed Rulemaking (NPRM) in WT and until further notice, if more than Quality. Docket No. 19–250 and RM–11849, one docket or rulemaking number [FR Doc. 2020–14268 Filed 7–1–20; 8:45 am] adopted on June 9, 2020, and released appears in the caption of a proceeding, BILLING CODE 6560–50–P on June 10, 2020. The document is paper filers need not submit two available for download at https:// additional copies for each additional www.fcc.gov/edocs. To request materials docket or rulemaking number; an in accessible formats for people with original and one copy are sufficient.

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39860 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

• People with Disabilities: To request advance the objectives of Section for rapid 5G deployment. WIA states materials in accessible formats for 6409(a). that this proposal is consistent with the people with disabilities (braille, large Wireless Facilities Nationwide I. Notice of Proposed Rulemaking print, electronic files, audio format), Programmatic Agreement, which send an email to [email protected] or call 2. Section 1.6100(b)(7)(iv) provides excludes from Section 106 historic the Consumer & Governmental Affairs that ‘‘[a] modification substantially preservation review ‘‘the construction of Bureau at 202–418–0530 (voice), 202– changes the physical dimensions of an a replacement for any existing 418–0432 (tty). eligible support structure if . . . [i]t communications tower’’ that, inter alia, Ex Parte Procedures: The proceeding entails any excavation or deployment ‘‘does not expand the boundaries of the this NPRM initiates shall be treated as outside the current site[.]’’ In other leased or owned property surrounding a ‘‘permit-but-disclose’’ proceeding in words, a proposed modification that the tower by more than 30 feet in any accordance with the Commission’s ex entails any excavation or deployment direction or involve excavation outside parte rules. See 47 CFR 1.1200 et seq. outside the current site of a tower or these expanded boundaries or outside Persons making ex parte presentations base station is not eligible for Section any existing access or utility easement must file a copy of any written 6409(a)’s streamlined procedures. related to the site.’’ presentation or a memorandum Section 1.6100(b)(6) defines ‘‘site’’ for 5. Local governments argue that the summarizing any oral presentation towers outside of the public rights-of- definition of ‘‘site’’ should not be within two business days after the way as ‘‘the current boundaries of the interpreted to mean the applicant’s presentation (unless a different deadline leased or owned property surrounding leased or owned property on the date it applicable to the Sunshine period the tower and any access or utility submits its eligible facilities request. applies). Persons making oral ex parte easements currently related to the site, They assert that this interpretation presentations are reminded that and, for other eligible support would permit providers to expand the memoranda summarizing the structures, further restricted to that area boundaries of a site without review and presentation must (1) list all persons in proximity to the structure and to approval by a local government by attending or otherwise participating in other transmission equipment already entering into leases that increase the the meeting at which the ex parte deployed on the ground.’’ area of a site after the locality’s initial presentation was made, and (2) 3. In its Petition for Declaratory review. NLC argues that it would lead summarize all data presented and Ruling, WIA requests that the to ‘‘extensive bypassing of local review arguments made during the Commission clarify that ‘‘current site,’’ for property uses not previously presentation. If the presentation for purposes of Section 1.6100(b)(7)(iv), reviewed and approved to support consisted in whole or in part of the is the currently leased or owned wireless equipment.’’ Localities also presentation of data or arguments compound area. Industry commenters generally oppose the compound already reflected in the presenter’s argue that current ‘‘site’’ means the expansion proposal because they argue written comments, memoranda or other property leased or owned by the that excavation of up to 30 feet beyond filings in the proceeding, the presenter applicant at the time it submits an a tower’s current site cannot be may provide citations to such data or application to make a qualifying considered insubstantial. Moreover, arguments in his or her prior comments, modification under Section 6409(a). several cities argue that the Commission memoranda, or other filings (specifying Industry commenters state that their considered and rejected this proposal in the relevant page and/or paragraph proposed clarification merely affirms the 2014 Infrastructure Order and that numbers where such data or arguments the plain meaning of the rule. They circumstances have not changed that can be found) in lieu of summarizing assert that such clarification is needed would warrant a policy reversal. them in the memorandum. Documents because many local governments 6. In light of the different approaches shown or given to Commission staff interpret Section 1.6100(b)(6) as recommended by the industry and during ex parte meetings are deemed to referring to the original site and wrongly localities, the Commission seeks be written ex parte presentations and claim that a modification is not entitled comment on whether it should revise its must be filed consistent with rule to Section 6409(a) if it entails any rules to resolve these issues and, if so, 1.1206(b). In proceedings governed by deployment outside of those original in what manner. In particular, the rule 1.49(f) or for which the boundaries. Commission proposes to revise the Commission has made available a 4. WIA’s Petition for Rulemaking also definition of ‘‘site’’ in Section method of electronic filing, written ex requests that the Commission amend its 1.6100(b)(6) to make clear that ‘‘site’’ parte presentations and memoranda rules to establish that a modification refers to the boundary of the leased or summarizing oral ex parte would not cause a ‘‘substantial change’’ owned property surrounding the tower presentations, and all attachments if it entails excavation or facility and any access or utility easements thereto, must be filed through the deployments at locations of up to 30 feet currently related to the site as of the electronic comment filing system in any direction outside the boundaries date that the facility was last reviewed available for that proceeding, and must of a macro tower compound. Industry and approved by a locality. The be filed in their native format (e.g., .doc, commenters contend that it is often Commission further proposes to amend .xml, .ppt, searchable .pdf). Participants difficult to collocate transmission Section 1.6100(b)(7)(iv) so that in this proceeding should familiarize equipment on existing macro towers modification of an existing facility that themselves with the Commission’s ex without expanding the compounds entails ground excavation or parte rules. surrounding those towers in order to deployment of up to 30 feet in any deploy additional equipment sheds or direction outside the facility’s site will Synopsis cabinets on the ground. They argue that be eligible for streamlined processing 1. In the NPRM, the Commission such deployments are becoming under Section 6409(a). seeks comment on whether changes to increasingly necessary to house 7. Alternatively, the Commission its rules regarding excavation outside multiple carriers’ facilities on towers seeks comment on whether it should the boundaries of an existing tower site, built in the past to support the needs of revise the definition of site in Section including the definition of the a single carrier and to facilitate the 1.6100(b)(6), as proposed above, without boundaries of a tower ‘‘site,’’ would extensive network densification needed making the proposed change to Section

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39861

1.6100(b)(7)(iv) for excavation or Section 1.6100(b)(6) as the boundary of amend this rule so that ‘‘excavation or deployment of up to 30 feet outside the the leased or owned property facility deployments at locations up to site. As another option, the Commission surrounding the tower and any access or 30 feet in any direction outside the seeks comment on whether to define utility easements related to the site as of current boundaries of a macro tower site in Section 1.6100(b)(6) as the the date an applicant submits a compound’’ would not constitute a boundary of the leased or owned modification request. Finally, the NPRM substantial change in the physical property surrounding the tower and any asks commenters to describe the costs dimensions. access or utility easements related to the and benefits of each approach, as well 14. Industry commenters contend that site as of the date an applicant submits as any other alternatives, and it is often difficult to collocate a modification request. Commenters quantitative estimates as appropriate. transmission equipment on existing should describe the costs and benefits of 11. Section 1.6100(b)(7)(iv) of the macro towers without expanding the these approaches, as well as any other Commission’s rules provides that ‘‘a compounds surrounding those towers in alternatives that they discuss in modification substantially changes the order to deploy additional equipment comments, and provide quantitative physical dimensions of an eligible sheds or cabinets on the ground. They estimates as appropriate. support structure if . . . [i]t entails any argue that such deployments are excavation or deployment outside the becoming increasingly necessary to II. Procedural Matters current site[.]’’ Accordingly, a proposed house multiple carriers’ facilities on A. Initial Regulatory Flexibility Analysis modification that entails any excavation towers built in the past to support the outside the current site of a tower or needs of a single carrier and to facilitate 8. As required by the Regulatory base station is not eligible for the extensive network densification Flexibility Act of 1980, as amended streamlined approval by State or local needed for rapid 5G deployment. In (RFA), the Commission has prepared an governments under Section 6409(a). contrast, local governments generally Initial Regulatory Flexibility Analysis Section 1.6100(b)(6) defines ‘‘site’’ for oppose the compound expansion (IRFA) of the possible significant towers outside of the public rights-of- proposal arguing that excavation of up economic impact on a substantial way as ‘‘the current boundaries of the to a 30-feet beyond a tower’s current site number of small entities of the policies leased or owned property surrounding cannot be considered insubstantial. and rules proposed in this Notice of the tower and any access or utility Moreover, several cities argue that the Proposed Rulemaking (NPRM). Written easements currently related to the site, Commission considered and rejected public comments are requested on this and, for other eligible support this proposal in the 2014 Infrastructure IRFA. Comments must be identified as structures, further restricted to that area Order and that circumstances have not responses to the IRFA and must be filed in proximity to the structure and to changed that would warrant a policy by the deadlines for comments provided other transmission equipment already reversal. on the first page of the NPRM. The deployed on the ground.’’ Commission will send a copy of the 12. Industry commenters argue that b. Legal Basis NPRM, including this IRFA, to the Chief current ‘‘site’’ means the property leased 15. The proposed action is authorized Counsel for Advocacy of the Small or owned by the applicant at the time pursuant to Sections 1, 4(i)–(j), 7, 201, Business Administration (SBA). In it submits an application to make a 253, 301, 303, 309, 319, and 332 of the addition, the NPRM and IRFA (or qualifying modification under Section Communications Act of 1934, as summaries thereof) will be published in 6409(a). Industry commenters state that amended, and Section 6409 of the the Federal Register. their proposed clarification merely Middle Class Tax Relief and Job a. Need for, and Objectives of, the affirms the plain meaning of the rule. Creation Act of 2012, as amended, 47 Proposed Rules They state that such clarification is U.S.C. 151, 154(i)–(j), 157, 201, 253, needed, because many local 301, 303, 309, 319, 332, 1455. 9. The NPRM proposes to revise the governments interpret Section c. Description and Estimate of the definition of ‘‘site’’ in Section 1.6100(b)(6) as referring to the original Number of Small Entities to Which the 1.6100(b)(6) to make clear that ‘‘site’’ site and wrongly claim that a refers to the boundary of the leased or modification is not entitled to Section Proposed Rules Will Apply owned property surrounding the tower 6409(a) if it entails any deployment 16. The RFA directs agencies to and any access or utility easements outside of those original boundaries. provide a description of, and where related to the site as of the date the Local governments oppose WIA’s feasible, an estimate of the number of facility was last reviewed and approved interpretation, saying it would permit small entities that may be affected by by a locality. It also proposes to amend providers to expand the boundaries of a the proposed rules and policies, if Section 1.6100(b)(7)(iv) to allow for site without review and approval by a adopted. The RFA generally defines the streamlined procedures under the local government by entering into leases term ‘‘small entity’’ as having the same Section 6409 of the Commission’s rules that increase the area of a site after the meaning as the terms ‘‘small business,’’ to cover modifications to an existing locality’s initial review. ‘‘small organization,’’ and ‘‘small facility that entail ground excavation or 13. Section 1.6100(b)(7)(iv) provides governmental jurisdiction.’’ In addition, deployment of up to 30 feet in any that ‘‘a modification substantially the term ‘‘small business’’ has the same direction outside the boundary of the changes the physical dimensions of an meaning as the term ‘‘small business site. eligible support structure if . . . [i]t concern’’ under the Small Business Act. 10. The NPRM seeks comment on entails any excavation or deployment A ‘‘small business concern’’ is one whether the Commission should revise outside the current site[.]’’ However which: (1) Is independently owned and the definition of ‘‘site’’ in Section ‘‘site’’ is defined, a proposed operated; (2) is not dominant in its field 1.6100(b)(6) without making the modification is not eligible for of operation; and (3) satisfies any proposed change for excavation or streamlined processing under Section additional criteria established by the deployment of up to 30 feet outside the 6409(a) if it is on a tower outside a right- SBA. boundary of the site. The NPRM also of-way and involves excavation outside 17. Small Businesses, Small seeks comment on an alternative the site. WIA and other industry Organizations, Small Governmental definition—whether to define ‘‘site’’ in commenters urge the Commission to Jurisdictions. The Commission’s actions,

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39862 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

over time, may affect small entities that services. The appropriate size standard to $49,999,999. Thus, the Commission are not easily categorized at present. under SBA rules is that such a business estimates that the majority of ‘‘All Other The Commission therefore describes is small if it has 1,500 or fewer Telecommunications’’ firms potentially here, at the outset, three broad groups of employees. For this industry, U.S. affected by the Commission’s action can small entities that could be directly Census Bureau data for 2012 show that be considered small. affected herein. First, while there are there were 967 firms that operated for 23. Fixed Microwave Services. industry specific size standards for the entire year. Of this total, 955 firms Microwave services include common small businesses that are used in the employed fewer than 1,000 employees carrier, private-operational fixed, and regulatory flexibility analysis, according and 12 firms employed of 1,000 broadcast auxiliary radio services. They to data from the Small Business employees or more. Thus under this also include the Upper Microwave Administration’s (SBA) Office of category and the associated size Flexible Use Service, Millimeter Wave Advocacy, in general a small business is standard, the Commission estimates that Service, Local Multipoint Distribution an independent business having fewer the majority of Wireless Service (LMDS), the Digital Electronic than 500 employees. These types of Telecommunications Carriers (except Message Service (DEMS), and the 24 small businesses represent 99.9% of all Satellite) are small entities. GHz Service, where licensees can businesses in the United States, which 21. The Commission’s own data— choose between common carrier and translates to 30.7 million businesses. available in its Universal Licensing non-common carrier status. There are 18. Next, the type of small entity System—indicate that, as of August 31, approximately 66,680 common carrier described as a ‘‘small organization’’ is 2018 there are 265 Cellular licensees fixed licensees, 69,360 private and generally ‘‘any not-for-profit enterprise that will be affected by the public safety operational-fixed which is independently owned and Commission’s actions. The Commission licensees, 20,150 broadcast auxiliary operated and is not dominant in its does not know how many of these radio licensees, 411 LMDS licenses, 33 field.’’ The Internal Revenue Service licensees are small, as the Commission 24 GHz DEMS licenses, 777 39 GHz (IRS) uses a revenue benchmark of does not collect that information for licenses, and five 24 GHz licenses, and $50,000 or less to delineate its annual these types of entities. Similarly, 467 Millimeter Wave licenses in the electronic filing requirements for small according to internally developed microwave services. The Commission exempt organizations. Nationwide, for Commission data, 413 carriers reported has not yet defined a small business tax year 2018, there were approximately that they were engaged in the provision with respect to microwave services. The 571,709 small exempt organizations in of wireless telephony, including cellular closest applicable SBA category is the U.S. reporting revenues of $50,000 service, Personal Communications Wireless Telecommunications Carriers or less according to the registration and Service (PCS), and Specialized Mobile (except Satellite) and the appropriate tax data for exempt organizations Radio (SMR) Telephony services. Of this size standard for this category under available from the IRS. total, an estimated 261 have 1,500 or SBA rules is that such a business is 19. Finally, the small entity described fewer employees, and 152 have more small if it has 1,500 or fewer employees. as a ‘‘small governmental jurisdiction’’ than 1,500 employees. Thus, using For this industry, U.S. Census Bureau is defined generally as ‘‘governments of available data, the Commission data for 2012 show that there were 967 cities, counties, towns, townships, estimates that the majority of wireless firms that operated for the entire year. villages, school districts, or special firms can be considered small. Of this total, 955 firms had employment districts, with a population of less than 22. All Other Telecommunications. of 999 or fewer employees and 12 had fifty thousand.’’ U.S. Census Bureau The ‘‘All Other Telecommunications’’ employment of 1000 employees or data from the 2017 Census of category is comprised of establishments more. Thus under this SBA category and Governments indicate that there were primarily engaged in providing the associated size standard, the 90,075 local governmental jurisdictions specialized telecommunications Commission estimates that a majority of consisting of general purpose services, such as satellite tracking, fixed microwave service licensees can governments and special purpose communications telemetry, and radar be considered small. governments in the United States. Of station operation. This industry also 24. The Commission does not have this number there were 36,931 general includes establishments primarily data specifying the number of these purpose governments (county, engaged in providing satellite terminal licensees that have more than 1,500 municipal and town or township) with stations and associated facilities employees, and thus is unable at this populations of less than 50,000 and connected with one or more terrestrial time to estimate with greater precision 12,040 special purpose governments— systems and capable of transmitting the number of fixed microwave service independent school districts with telecommunications to, and receiving licensees that would qualify as small enrollment populations of less than telecommunications from, satellite business concerns under the SBA’s 50,000. Accordingly, based on the 2017 systems. Establishments providing small business size standard. U.S. Census of Governments data, the internet services or voice over internet Consequently, the Commission Commission estimates that at least protocol (VoIP) services via client- estimates that there are up to 36,708 48,971 entities fall into the category of supplied telecommunications common carrier fixed licensees and up ‘‘small governmental jurisdictions.’’ connections are also included in this to 59,291 private operational-fixed 20. Wireless Telecommunications industry. The SBA has developed a licensees and broadcast auxiliary radio Carriers (except Satellite). This industry small business size standard for ‘‘All licensees in the microwave services that comprises establishments engaged in Other Telecommunications’’, which may be small and may be affected by the operating and maintaining switching consists of all such firms with annual rules and policies discussed herein. The and transmission facilities to provide receipts of $35 million or less. For this Commission notes, however, that the communications via the airwaves. category, U.S. Census Bureau data for microwave fixed licensee category Establishments in this industry have 2012 show that there were 1,442 firms includes some large entities. spectrum licenses and provide services that operated for the entire year. Of 25. FM Translator Stations and Low using that spectrum, such as cellular those firms, a total of 1,400 had annual Power FM Stations. FM translators and services, paging services, wireless receipts less than $25 million and 15 Low Power FM Stations are classified in internet access, and wireless video firms had annual receipts of $25 million the category of Radio Stations and are

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39863

assigned the same NAICs Code as (Auction No. 53). In this auction, ten their own internal communications licensees of radio stations. This U.S. winning bidders won a total of 192 needs, MAS serves an essential role in industry, Radio Stations, comprises MVDDS licenses. Eight of the ten a range of industrial, safety, business, establishments primarily engaged in winning bidders claimed small business and land transportation activities. MAS broadcasting aural programs by radio to status and won 144 of the licenses. The radios are used by companies of all the public. Programming may originate Commission also held an auction of sizes, operating in virtually all U.S. in their own studio, from an affiliated MVDDS licenses on December 7, 2005 business categories, and by all types of network, or from external sources. The (Auction 63). Of the three winning public safety entities. For the majority of SBA has established a small business bidders who won 22 licenses, two private internal users, the definition size standard which consists of all radio winning bidders, winning 21 of the developed by the SBA would be more stations whose annual receipts are $41.5 licenses, claimed small business status. appropriate than the Commission’s million dollars or less. U.S. Census 28. Multiple Address Systems. Entities definition. The closest applicable Bureau data for 2012 indicate that 2,849 using Multiple Address Systems (MAS) definition of a small entity is the radio station firms operated during that spectrum, in general, fall into two ‘‘Wireless Telecommunications Carriers year. Of that number, 2,806 operated categories: (1) Those using the spectrum (except Satellite)’’ definition under the with annual receipts of less than $25 for profit-based uses, and (2) those using SBA size standards. The appropriate million per year, 17 with annual the spectrum for private internal uses. size standard under SBA rules is that receipts between $25 million and With respect to the first category, Profit- such a business is small if it has 1,500 $49,999,999 million and 26 with annual based Spectrum use, the size standards or fewer employees. For this category, receipts of $50 million or more. established by the Commission define U.S. Census Bureau data for 2012 show Therefore, based on the SBA’s size ‘‘small entity’’ for MAS licensees as an that there were 967 firms that operated standard the Commission concludes entity that has average annual gross for the entire year. Of this total, 955 that the majority of FM Translator revenues of less than $15 million over firms had employment of 999 or fewer Stations and Low Power FM Stations are the three previous calendar years. A employees and 12 had employment of small. ‘‘Very small business’’ is defined as an 1000 employees or more. Thus, under 26. Location and Monitoring Service entity that, together with its affiliates, this category and the associated small (LMS). LMS systems use non-voice radio has average annual gross revenues of not business size standard, the Commission techniques to determine the location more than $3 million over the preceding estimates that the majority of firms that and status of mobile radio units. For three calendar years. The SBA has may be affected by the Commission’s purposes of auctioning LMS licenses, approved these definitions. The action can be considered small. the Commission has defined a ‘‘small majority of MAS operators are licensed 31. Non-Licensee Owners of Towers business’’ as an entity that, together in bands where the Commission has and Other Infrastructure. Although at with controlling interests and affiliates, implemented a geographic area one time most communications towers has average annual gross revenues for licensing approach that requires the use were owned by the licensee using the the preceding three years not to exceed of competitive bidding procedures to tower to provide communications $15 million. A ‘‘very small business’’ is resolve mutually exclusive applications. service, many towers are now owned by defined as an entity that, together with 29. The Commission’s licensing third-party businesses that do not controlling interests and affiliates, has database indicates that, as of April 16, provide communications services average annual gross revenues for the 2010, there were a total of 11,653 site- themselves but lease space on their preceding three years not to exceed $3 based MAS station authorizations. Of towers to other companies that provide million. These definitions have been these, 58 authorizations were associated communications services. The approved by the SBA. An auction for with common carrier service. In Commission’s rules require that any LMS licenses commenced on February addition, the Commission’s licensing entity, including a non-licensee, 23, 1999 and closed on March 5, 1999. database indicates that, as of April 16, proposing to construct a tower over 200 Of the 528 licenses auctioned, 289 2010, there were a total of 3,330 feet in height or within the glide slope licenses were sold to four small Economic Area market area MAS of an airport must register the tower businesses. authorizations. The Commission’s with the Commission’s Antenna 27. Multichannel Video Distribution licensing database also indicates that, as Structure Registration (‘‘ASR’’) system and Data Service (MVDDS). MVDDS is of April 16, 2010, of the 11,653 total and comply with applicable rules a terrestrial fixed microwave service MAS station authorizations, 10,773 regarding review for impact on the operating in the 12.2–12.7 GHz band. authorizations were for private radio environment and historic properties. The Commission adopted criteria for service. In 2001, an auction for 5,104 32. As of March 1, 2017, the ASR defining three groups of small MAS licenses in 176 EAs was database includes approximately businesses for purposes of determining conducted. Seven winning bidders 122,157 registration records reflecting a their eligibility for special provisions claimed status as small or very small ‘‘Constructed’’ status and 13,987 such as bidding credits. It defined a very businesses and won 611 licenses. In registration records reflecting a small business as an entity with average 2005, the Commission completed an ‘‘Granted, Not Constructed’’ status. annual gross revenues not exceeding $3 auction (Auction 59) of 4,226 MAS These figures include both towers million for the preceding three years; a licenses in the Fixed Microwave registered to licensees and towers small business as an entity with average Services from the 928/959 and 932/941 registered to non-licensee tower owners. annual gross revenues not exceeding MHz bands. Twenty-six winning The Commission does not keep $15 million for the preceding three bidders won a total of 2,323 licenses. Of information from which the years; and an entrepreneur as an entity the 26 winning bidders in this auction, Commission can easily determine how with average annual gross revenues not five claimed small business status and many of these towers are registered to exceeding $40 million for the preceding won 1,891 licenses. non-licensees or how many non- three years. These definitions were 30. With respect to the second licensees have registered towers. approved by the SBA. On January 27, category, Internal Private Spectrum use Regarding towers that do not require 2004, the Commission completed an consists of entities that use, or seek to ASR registration, the Commission does auction of 214 MVDDS licenses use, MAS spectrum to accommodate not collect information as to the number

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39864 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

of such towers in use and therefore SBA’s small entity size standard is definition. The Commission however cannot estimate the number of tower defined as those entities employing believes that a substantial number of owners that would be subject to the 1,500 or fewer persons. For this PLMR licensees may be small entities rules on which the Commission seeks industry, U.S. Census Bureau data for despite the lack of specific information. comment. Moreover, the SBA has not 2012 show that there were 967 firms 37. Public Safety Radio Licensees. As developed a size standard for small that operated for the entire year. Of this a general matter, Public Safety Radio businesses in the category ‘‘Tower total, 955 firms had employment of 999 Pool licensees include police, fire, local Owners.’’ Therefore, the Commission is or fewer employees and 12 had government, forestry conservation, unable to determine the number of non- employment of 1,000 employees or highway maintenance, and emergency licensee tower owners that are small more. Thus under this category and the medical services. Because of the vast entities. The Commission believes, associated size standard, the array of public safety licensees, the however, that when all entities owning Commission estimates that the majority Commission has not developed a small 10 or fewer towers and leasing space for of firms can be considered small. The business size standard specifically collocation are included, non-licensee Commission notes however, that many applicable to public safety licensees. tower owners number in the thousands. of the licensees in this category are The closest applicable SBA category is In addition, there may be other non- individuals and not small entities. In Wireless Telecommunications Carriers licensee owners of other wireless addition, due to the mostly unlicensed (except Satellite) which encompasses infrastructure, including Distributed and shared nature of the spectrum business entities engaged in Antenna Systems (DAS) and small cells utilized in many of these services, the radiotelephone communications. The that might be affected by the measures Commission lacks direct information appropriate size standard for this on which the Commission seeks upon which to base an estimation of the category under SBA rules is that such a comment. The Commission does not number of small entities that may be business is small if it has 1,500 or fewer have any basis for estimating the affected by the Commission’s actions in employees. For this industry, U.S. number of such non-licensee owners this proceeding. Census data for 2012 show that there that are small entities. 35. Private Land Mobile Radio were 967 firms that operated for the 33. The closest applicable SBA Licensees. Private land mobile radio entire year. Of this total, 955 firms had category is All Other (PLMR) systems serve an essential role employment of 999 or fewer employees Telecommunications, and the in a vast range of industrial, business, and 12 had employment of 1,000 appropriate size standard consists of all land transportation, and public safety employees or more. Thus, under this such firms with gross annual receipts of activities. Companies of all sizes category and the associated size $38 million or less. For this category, operating in all U.S. business categories standard, the Commission estimates that U.S. Census Bureau data for 2012 show use these radios. Because of the vast the majority of firms can be considered that there were 1,442 firms that operated array of PLMR users, the Commission small. With respect to local for the entire year. Of these firms, a total has not developed a small business size governments, in particular, since many of 1,400 had gross annual receipts of standard specifically applicable to governmental entities comprise the less than $25 million and 15 firms had PLMR users. The closest applicable SBA licensees for these services, the annual receipts of $25 million to category is Wireless Commission includes under public $49,999,999. Thus, under this SBA size Telecommunications Carriers (except safety services the number of standard a majority of the firms Satellite) which encompasses business government entities affected. According potentially affected by the entities engaged in radiotelephone to Commission records, there are a total Commission’s action can be considered communications. The appropriate size of approximately 133,870 licenses small. standard for this category under SBA within these services. There are 3.121 34. Personal Radio Services. Personal rules is that such a business is small if licenses in the 4.9 GHz band, based on radio services provide short-range, low- it has 1,500 or fewer employees. For this an FCC Universal Licensing System power radio for personal industry, U.S. Census Bureau data for search of March 29, 2017. The communications, radio signaling, and 2012 show that there were 967 firms Commission estimates that fewer than business communications not provided that operated for the entire year. Of this 2,442 public safety radio licensees hold for in other services. Personal radio total, 955 firms had employment of 999 these licenses because certain entities services include services operating in or fewer employees and 12 had may have multiple licenses. spectrum licensed under Part 95 of the employment of 1,000 employees or 38. Radio Stations. This Economic Commission’s rules. These services more. Thus, under this category and the Census category ‘‘comprises include Citizen Band Radio Service, associated size standard, the establishments primarily engaged in General Mobile Radio Service, Radio Commission estimates that the majority broadcasting aural programs by radio to Control Radio Service, Family Radio of PLMR Licensees are small entities. the public. Programming may originate Service, Wireless Medical Telemetry 36. According to the Commission’s in their own studio, from an affiliated Service, Medical Implant records, a total of approximately network, or from external sources.’’ The Communications Service, Low Power 400,622 licenses comprise PLMR users. SBA has established a small business Radio Service, and Multi-Use Radio Of this number there are a total of size standard for this category as firms Service. There are a variety of methods approximately 3,174 PLMR licenses in having $41.5 million or less in annual used to license the spectrum in these the 4.9 GHz band; 29,187 PLMR licenses receipts. U.S. Census Bureau data for rule parts, from licensing by rule, to in the 800 MHz band; and 3,374 licenses 2012 show that 2,849 radio station firms conditioning operation on successful in the frequencies range 173.225 MHz to operated during that year. Of that completion of a required test, to site- 173.375 MHz. The Commission does not number, 2,806 firms operated with based licensing, to geographic area require PLMR licensees to disclose annual receipts of less than $25 million licensing. All such entities in this information about number of per year and 17 with annual receipts category are wireless, therefore the employees, and does not have between $25 million and $49,999,999 Commission applies the definition of information that could be used to million. Therefore, based on the SBA’s Wireless Telecommunications Carriers determine how many PLMR licensees size standard the majority of such (except Satellite), pursuant to which the constitute small entities under this entities are small entities.

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39865

39. According to Commission staff less in average annual receipts, under 44. The Commission notes, however, review of the BIA/Kelsey, LLC’s Media SBA rules. For this category, U.S. that in assessing whether a business Access Pro Radio Database as of January Census Bureau data for 2012 show that concern qualifies as ‘‘small’’ under the 2018, about 11,261 (or about 99.9 there were a total of 333 firms that above definition, business (control) percent) of 11,383 commercial radio operated for the entire year. Of this affiliations must be included. The stations had revenues of $38.5 million total, 299 firms had annual receipts of Commission’s estimate, therefore likely or less and thus qualify as small entities less than $25 million. Consequently, the overstates the number of small entities under the SBA definition. The Commission estimates that the majority that might be affected by its action, Commission has estimated the number of satellite telecommunications because the revenue figure on which it of licensed commercial AM radio providers are small entities. is based does not include or aggregate stations to be 4,580 stations and the 42. Television Broadcasting. This revenues from affiliated companies. In number of commercial FM radio Economic Census category ‘‘comprises addition, another element of the stations to be 6,726, for a total number establishments primarily engaged in definition of ‘‘small business’’ requires of 11,306. The Commission notes it has broadcasting images together with that an entity not be dominant in its also estimated the number of licensed sound.’’ These establishments operate field of operation. The Commission is noncommercial (NCE) FM radio stations television broadcast studios and unable at this time to define or quantify to be 4,172. Nevertheless, the facilities for the programming and the criteria that would establish whether Commission does not compile and transmission of programs to the public. a specific television broadcast station is otherwise does not have access to These establishments also produce or dominant in its field of operation. information on the revenue of NCE transmit visual programming to Accordingly, the estimate of small stations that would permit it to affiliated broadcast television stations, businesses to which rules may apply determine how many such stations which in turn broadcast the programs to does not exclude any television station would qualify as small entities. the public on a predetermined schedule. from the definition of a small business 40. The Commission also notes, that Programming may originate in their own on this basis and is therefore possibly in assessing whether a business entity studio, from an affiliated network, or over-inclusive. Also, as noted above, an qualifies as small under the above from external sources. The SBA has additional element of the definition of definition, business control affiliations created the following small business ‘‘small business’’ is that the entity must must be included. The Commission’s size standard for such businesses: Those be independently owned and operated. estimate therefore likely overstates the having $41.5 million or less in annual The Commission notes that it is difficult number of small entities that might be receipts. The 2012 Economic Census at times to assess these criteria in the affected by its action, because the reports that 751 firms in this category context of media entities and its revenue figure on which it is based does operated in that year. Of that number, estimates of small businesses to which not include or aggregate revenues from 656 had annual receipts of $25,000,000 they apply may be over-inclusive to this affiliated companies. In addition, to be or less, and 25 had annual receipts extent. determined a ‘‘small business,’’ an 45. Broadband Radio Service and between $25,000,000 and $49,999,999. entity may not be dominant in its field Educational Broadband Service. Based on this data the Commission of operation. The Commission further Broadband Radio Service systems, therefore estimates that the majority of notes that it is difficult at times to assess previously referred to as Multipoint commercial television broadcasters are these criteria in the context of media Distribution Service (MDS) and entities, and the estimate of small small entities under the applicable SBA Multichannel Multipoint Distribution businesses to which these rules may size standard. Service (MMDS) systems, and ‘‘wireless apply does not exclude any radio station 43. The Commission has estimated cable,’’ transmit video programming to from the definition of a small business the number of licensed commercial subscribers and provide two-way high on these basis, thus the Commission’s television stations to be 1,377. Of this speed data operations using the estimate of small businesses may total, 1,258 stations (or about 91 microwave frequencies of the therefore be over-inclusive. Also, as percent) had revenues of $38.5 million Broadband Radio Service (BRS) and noted above, an additional element of or less, according to Commission staff Educational Broadband Service (EBS) the definition of ‘‘small business’’ is that review of the BIA Kelsey Inc. Media (previously referred to as the the entity must be independently owned Access Pro Television Database (BIA) on Instructional Television Fixed Service and operated. The Commission notes November 16, 2017, and therefore these (ITFS)). that it is difficult at times to assess these licensees qualify as small entities under 46. BRS—In connection with the 1996 criteria in the context of media entities the SBA definition. In addition, the BRS auction, the Commission and the estimates of small businesses to Commission has estimated the number established a small business size which they apply may be over-inclusive of licensed noncommercial educational standard as an entity that had annual to this extent. television stations to be 384. average gross revenues of no more than 41. Satellite Telecommunications. Notwithstanding, the Commission does $40 million in the previous three This category comprises firms not compile and otherwise does not calendar years. The BRS auctions ‘‘primarily engaged in providing have access to information on the resulted in 67 successful bidders telecommunications services to other revenue of NCE stations that would obtaining licensing opportunities for establishments in the permit it to determine how many such 493 Basic Trading Areas (BTAs). Of the telecommunications and broadcasting stations would qualify as small entities. 67 auction winners, 61 met the industries by forwarding and receiving There are also 2,300 low power definition of a small business. BRS also communications signals via a system of television stations, including Class A includes licensees of stations authorized satellites or reselling satellite stations (LPTV) and 3,681 TV translator prior to the auction. At this time, the telecommunications.’’ Satellite stations. Given the nature of these Commission estimates that of the 61 telecommunications service providers services, the Commission will presume small business BRS auction winners, 48 include satellite and earth station that all of these entities qualify as small remain small business licensees. In operators. The category has a small entities under the above SBA small addition to the 48 small businesses that business size standard of $35 million or business size standard. hold BTA authorizations, there are

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39866 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

approximately 86 incumbent BRS 2014, there are 2,206 active EBS date an applicant submits a licensees that are considered small licenses. The Commission estimates that modification request. entities (18 incumbent BRS licensees do of these 2,206 licenses, the majority are 51. The Commission does not not meet the small business size held by non-profit educational anticipate rule changes resulting from standard). After adding the number of institutions and school districts, which the NPRM to cause any new small business auction licensees to the are by statute defined as small recordkeeping, reporting, or compliance number of incumbent licensees not businesses. requirements for entities preparing already counted, there are currently eligible facilities requests under Section d. Description of Projected Reporting, approximately 133 BRS licensees that 6409(a) because entities are required to Recordkeeping, and Other Compliance are defined as small businesses under submit construction proposals outlining Requirements for Small Entities either the SBA or the Commission’s the work to be done regardless of rules. 49. The excavation or deployment whether the project qualifies as an 47. In 2009, the Commission boundaries of an eligible facilities eligible facilities request under Section conducted Auction 86, the sale of 78 request poses significant policy 6409(a). Additionally, while the licenses in the BRS areas. The implications associated with the Commission does not anticipate that Commission offered three levels of Commission’s Section 6409(a) rules. any action it takes on the matters raised bidding credits: (i) A bidder with The Commission anticipates that any in the NPRM will require small entities attributed average annual gross revenues rule changes that result from the NPRM to hire attorneys, engineers, consultants, that exceed $15 million and do not will provide certainty for providers, or other professionals to comply, the exceed $40 million for the preceding state and local governments, and other Commission cannot quantify the cost of three years (small business) received a entities interpreting the Section 6409(a) compliance with the potential changes 15 percent discount on its winning bid; rules. In the NPRM, the Commission discussed in the NPRM. As part of the (ii) a bidder with attributed average seeks comment on changes to its rules invitation for comment however, the annual gross revenues that exceed $3 regarding the definition of a ‘‘site’’ Commission requests that parties million and do not exceed $15 million surrounding a tower, as well as discuss any tangible benefits and any for the preceding three years (very small streamlined treatment pursuant to the adverse effects as well as alternative business) received a 25 percent discount Section 6409 rules for an excavation or approaches and any other steps the on its winning bid; and (iii) a bidder deployments outside the boundaries of Commission should consider taking on with attributed average annual gross an existing tower site. The Commission these matters. The Commission expects revenues that do not exceed $3 million does not believe that its resolution of the information it receives in comments for the preceding three years these matters will create any new to help the Commission identify and (entrepreneur) received a 35 percent reporting, recordkeeping, or other evaluate relevant matters for small discount on its winning bid. Auction 86 compliance requirements for small entities, including compliance costs and concluded in 2009 with the sale of 61 entities or others that will be impacted other burdens that may result from the licenses. Of the ten winning bidders, by this decision. matters raised in the NPRM. two bidders that claimed small business 50. Specifically, the Commission e. Steps Taken To Minimize the status won 4 licenses; one bidder that proposes to amend the definition of the Significant Economic Impact on Small claimed very small business status won term ‘‘site’’ in Section 1.6100(b)(6) to Entities, and Significant Alternatives three licenses; and two bidders that make clear that ‘‘site’’ refers to the Considered claimed entrepreneur status won six current boundary of the leased or owned licenses. property surrounding the tower and any 52. The RFA requires an agency to 48. EBS—Educational Broadband access or utility easements currently describe any significant, specifically Service has been included within the related to the site on the date the facility small business, alternatives that it has broad economic census category and was last reviewed and approved by a considered in developing its approach, SBA size standard for Wired locality. In addition, the Commission which may include the following four Telecommunications Carriers since proposes to change its rules to allow alternatives (among others): (1) The 2007. Wired Telecommunications streamlined treatment under the Section establishment of differing compliance or Carriers are comprised of establishments 6409 rules for ‘‘compound expansions’’ reporting requirements or timetables primarily engaged in operating and/or (i.e., excavation or facility deployments that take into account the resources providing access to transmission outside the current boundaries of a available to small entities; (2) the facilities and infrastructure that they macro tower compound) of up to 30 feet clarification, consolidation, or own and/or lease for the transmission of in any direction outside the boundary of simplification of compliance or voice, data, text, sound, and video using a site. This change to the existing rule, reporting requirements under the rule wired telecommunications networks. which was requested by industry for such small entities; (3) the use of Transmission facilities may be based on commenters, is opposed by state and performance, rather than design, a single technology or a combination of local government jurisdictions, and was standards; and (4) an exemption from technologies.’’ The SBA’s small previously considered but not adopted coverage of the rule, or any part thereof, business size standard for this category by the Commission in the 2014 for such small entities. is all such firms having 1,500 or fewer Infrastructure Order. The NPRM also 53. The Commission believes that employees. U.S. Census Bureau data for seeks comment on whether to revise the clarifying the parameters of excavation 2012 show that there were 3,117 firms definition of ‘‘site’’ without making the or deployment within or around a ‘‘site’’ that operated that year. Of this total, proposed change to allow for excavation under Section 1.6100 will provide more 3,083 operated with fewer than 1,000 or deployment of up to 30 feet outside certainty to relevant parties and enable employees. Thus, under this size the site. It seeks further comment on small entities and others to navigate standard, the majority of firms in this whether to define site in Section more effectively state and local industry can be considered small. In 1.6100(b)(6) as the boundary of the application processes. As a result, the addition to U.S. Census Bureau data, the leased or owned property surrounding Commission anticipates that any Commission’s Universal Licensing the tower and any access or utility clarifying rule changes on which the System indicates that as of October easements related to the site as of the NPRM seeks comment may help reduce

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 39867

the economic impact on small entities be filed using the Commission’s presentation (unless a different deadline that may need to deploy wireless Electronic Comment Filing System applicable to the Sunshine period infrastructure by reducing the cost and (ECFS). See Electronic Filing of applies). Persons making oral ex parte delay associated with the deployment of Documents in Rulemaking Proceedings, presentations are reminded that such infrastructure. 63 FR 24121 (1998). memoranda summarizing the 54. To assist the Commission in its • Electronic Filers: Comments may be presentation must (1) list all persons evaluation of the economic impact on filed electronically using the internet by attending or otherwise participating in small entities, and of such a rule change accessing the ECFS: http://apps.fcc.gov/ the meeting at which the ex parte generally, and to better explore options ecfs/. presentation was made, and (2) and alternatives, the NPRM asks • Paper Filers: Parties who choose to summarize all data presented and commenters to discuss any benefits or file by paper must file an original and arguments made during the drawbacks to small entities associated one copy of each filing. presentation. If the presentation with making such a rule change. • Filings can be sent by commercial consisted in whole or in part of the Specifically, the Commission inquires overnight courier, or by first-class or presentation of data or arguments whether there are any specific, tangible overnight U.S. Postal Service mail. All already reflected in the presenter’s benefits or harms from changing the filings must be addressed to the written comments, memoranda or other definition of ‘‘site’’ or applying Section Commission’s Secretary, Office of the filings in the proceeding, the presenter 6409(a)’s streamlined process to Secretary, Federal Communications may provide citations to such data or compound expansions, which may Commission. arguments in his or her prior comments, include an unequal burden on small • Commercial overnight mail (other memoranda, or other filings (specifying entities. than U.S. Postal Service Express Mail the relevant page and/or paragraph 55. The Commission is mindful that and Priority Mail) must be sent to 9050 numbers where such data or arguments there are potential impacts from its Junction Drive, Annapolis Junction, MD can be found) in lieu of summarizing decisions for small entity industry 20701. U.S. Postal Service first-class, them in the memorandum. Documents participants as well as for small local Express, and Priority mail must be shown or given to Commission staff government jurisdictions. The addressed to 445 12th Street SW, during ex parte meetings are deemed to Commission is hopeful that the Washington DC 20554. be written ex parte presentations and comments received will illuminate the • Effective March 19, 2020, and until must be filed consistent with Rule effect and impact of the proposed further notice, the Commission no 1.1206(b). In proceedings governed by regulations in the NPRM on small longer accepts any hand or messenger Rule 1.49(f) or for which the entities and small local government delivered filings. This is a temporary Commission has made available a jurisdictions, the extent to which the measure taken to help protect the health method of electronic filing, written ex regulations would relieve any burdens and safety of individuals, and to parte presentations and memoranda on small entities, including small local mitigate the transmission of COVID–19. summarizing oral ex parte government jurisdictions, and whether See FCC Announces Closure of FCC presentations, and all attachments there are any alternatives the Headquarters Open Window and thereto, must be filed through the Commission could implement that Change in Hand-Delivery Policy, Public electronic comment filing system would achieve the Commission’s goals Notice, DA 20–304 (March 19, 2020). available for that proceeding, and must while at the same time minimizing or https://www.fcc.gov/document/fcc- be filed in their native format (e.g., .doc, further reducing the economic impact closes-headquarters-open-window-and- .xml, .ppt, searchable .pdf). Participants on small entities, including small local changes-hand-delivery-policy. in this proceeding should familiarize government jurisdictions. • During the time the Commission’s themselves with the Commission’s ex 56. The Commission expects to building is closed to the general public parte rules. consider more fully the economic and until further notice, if more than E. Paperwork Reduction Act. impact on small entities following its one docket or rulemaking number review of comments filed in response to appears in the caption of a proceeding, 61. This Notice of Proposed the NPRM. The Commission’s paper filers need not submit two Rulemaking does not contain proposed evaluation of the comments filed in this additional copies for each additional information collection(s) subject to the proceeding will shape the final docket or rulemaking number; an Paperwork Reduction Act of 1995 alternatives it considers, the final original and one copy are sufficient. (PRA), Public Law 104–13. In addition, therefore, it does not contain any new conclusions it reaches, and any final C. People With Disabilities. actions it ultimately takes in this or modified information collection proceeding to minimize any significant 59. To request materials in accessible burden for small business concerns with economic impact that may occur on formats for people with disabilities fewer than 25 employees, pursuant to small entities, including small local (braille, large print, electronic files, the Small Business Paperwork Relief government jurisdictions. audio format), send an email to fcc504@ Act of 2002, Public Law 107–198, see 44 fcc.gov or call the Consumer & U.S.C. 3506(c)(4). f. Federal Rules That May Duplicate, Governmental Affairs Bureau at 202– III. Ordering Clauses Overlap, or Conflict With the Proposed 418–0530 (voice), 202–418–0432 (tty). Rules 62. Accordingly, it is ordered, D. Ex Parte Rules—Permit-But-Disclose. 57. None. pursuant to Sections 1, 4(i) through (j), 60. This proceeding shall be treated as 7, 201, 253, 301, 303, 309, 319, and 332 B. Comment Filing Procedures. a ‘‘permit-but-disclose’’ proceeding in of the Communications Act of 1934, as 58. Pursuant to Sections 1.415 and accordance with the Commission’s ex amended, and Section 6409 of the 1.419 of the Commission’s rules, 47 CFR parte rules. Persons making ex parte Middle Class Tax Relief and Job 1.415, 1.419, interested parties may file presentations must file a copy of any Creation Act of 2012, as amended, 47 comments and reply comments on or written presentation or a memorandum U.S.C. 151, 154(i) through (j), 157, 201, before the dates indicated on the first summarizing any oral presentation 253, 301, 303, 309, 319, 332, 1455 that page of this document. Comments may within two business days after the this Notice of Proposed Rulemaking in

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\02JYP1.SGM 02JYP1 39868 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

WT Docket No. 19–250 and RM–11849 copy of this Notice of Proposed Federal Communications Commission IS hereby ADOPTED. Rulemaking, including the Initial Marlene Dortch. 63. It is further ordered that the Regulatory Flexibility Analysis, to the Secretary. Commission’s Consumer & Chief Counsel for Advocacy of the Small [FR Doc. 2020–13950 Filed 7–1–20; 8:45 am] Governmental Affairs Bureau, Reference Business Administration. BILLING CODE 6712–01–P Information Center, SHALL SEND a

VerDate Sep<11>2014 17:03 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4702 Sfmt 9990 E:\FR\FM\02JYP1.SGM 02JYP1 39869

Notices Federal Register Vol. 85, No. 128

Thursday, July 2, 2020

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE contains documents other than rules or Sheila Holifield, RAC Coordinator, by proposed rules that are applicable to the phone at 334–235–5494 or via email at Rural Business-Cooperative Service public. Notices of hearings and investigations, [email protected]; or Tammy committee meetings, agency decisions and [Docket: RBS–20–CO–OP–0024] rulings, delegations of authority, filing of Freeman Brown, Designated Federal petitions and applications and agency Officer, by phone at 334–315–4926 or Notice of Request for Revision of a statements of organization and functions are via email at tammy.freemanbrown@ Currently Approved Information examples of documents appearing in this usda.gov. Collection section. Individuals who use AGENCY: Rural Business-Cooperative telecommunication devices for the deaf Service, USDA. DEPARTMENT OF AGRICULTURE (TDD) may call the Federal Information ACTION: Proposed collection; comments Relay Service (FIRS) at 1–800–877–8339 requested. Forest Service between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday SUMMARY: In accordance with the National Forests in Alabama Resource through Friday. Paperwork Reduction Act of 1995 (44 Advisory Committee U.S.C. Chapter 35), this notice SUPPLEMENTARY INFORMATION: The announces the Rural Business- AGENCY: Forest Service, USDA. purpose of the meeting is to review, Cooperative Service’s (RBCS) intention ACTION: Notice of meeting. discuss, recommend, and approve new to revise a currently approved Title II projects. The meeting is open to information collection in support of the SUMMARY: The National Forests in the public. The agenda will include program for the Annual Survey of Alabama Resource Advisory Committee time for people to make oral statements Farmer Cooperatives, as authorized in (RAC) will meet virtually. The of three minutes or less. Individuals the Cooperative Marketing Act of 1926. committee is authorized under the wishing to make an oral statement DATES: Comments on this notice must be Secure Rural Schools and Community should request in writing by Tuesday, received by August 31, 2020 to be Self-Determination Act (the Act) and July 21, 2020, to be scheduled on the assured of consideration. operates in compliance with the Federal agenda. Anyone who would like to FOR FURTHER INFORMATION CONTACT: Advisory Committee Act. The purpose bring related matters to the attention of of the committee is to improve Pamela Bennett, Rural Development the RAC may file written statements collaborative relationships and to Innovation Center, Regulations with the RAC staff before or after the provide advice and recommendations to Management Division, U.S. Department the Forest Service concerning projects meeting. Written comments and of Agriculture, 1400 Independence and funding consistent with Title II of requests for time for oral comments Avenue SW, STOP 0793, Room 4015 the Act. RAC information can be found must be sent to Sheila Holifield, RAC South Building, Washington, DC 20250– at the following website: https:// Coordinator by email to 0793. Telephone: (202) 720–9639. www.fs.usda.gov/main/pts/special [email protected]. Email: [email protected]. projects/racweb. Meeting Accommodations: If you are SUPPLEMENTARY INFORMATION: Title: Annual Survey of Farmer Cooperatives. DATES: The meeting will be held on a person requiring reasonable accommodation, please make requests OMB Number: 0570–0007. Friday, July 31, 2020, from 9:00 a.m.– Type of Request: Revision of a in advance for sign language 2:00 p.m. currently approved information interpreting, assistive listening All RAC meetings are subject to collection. cancellation. For status of the meeting devices, or other reasonable Abstract: One of the objectives of prior to attendance, please contact the accommodation. For access to the RBCS is to promote the understanding, person listed under FOR FURTHER facility or proceedings, please contact use and development of the cooperative INFORMATION CONTACT. the person listed in the section titled form of business as a viable option for ADDRESSES: The meeting will be held FOR FURTHER INFORMATION CONTACT. All enhancing the income of agricultural with virtual attendance only. For virtual reasonable accommodation requests are producers and other rural residents. meeting information, please contact the managed on a case-by-case basis. RBCS direct role is providing person listed under FOR FURTHER knowledge to improve the effectiveness INFORMATION CONTACT. Cikena Reid, and performance of farmer cooperative Written comments may be submitted USDA Committee Management Officer. businesses through technical assistance, as described under SUPPLEMENTARY [FR Doc. 2020–14239 Filed 7–1–20; 8:45 am] research, information, and education. INFORMATION. All comments, including BILLING CODE 3411–15–P The annual survey of farmer names and addresses when provided, cooperatives collects basic statistics on are placed in the record and are cooperative business volume, net available for public inspection and income, members, financial status, copying. The public may inspect employees, and other selected comments received at the National information to support RBCS’ objective Forests in Alabama Supervisor’s Office. and role. Cooperative statistics are Please call ahead to set an appointment published in an annual report and other and facilitate entry into the building. formats for use by the U.S. Department

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39870 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

of Agriculture, cooperative management submitting comments, and viewing the can be found at http://www.rd.usda.gov/ and members, educators and docket after the close of the comment contact-us/state-offices. researchers, other Federal agencies, period, is available through the site’s Program guidance as well as cooperative trade associations, general ‘‘User Tips’’ link. application and matching funds agribusiness, cooperative development Copies of this information collection templates may be obtained at http:// practitioners, students, teachers, can be obtained from Pamela Bennett, www.rd.usda.gov/programs-services/ consultants, and many others. Rural Development Innovation Center, rural-cooperative-development-grant- Estimate of Burden: Public reporting Regulations Management Division, at program. To submit an electronic burden for this collection of information (202) 720–9639. All responses to this application, follow the instructions for is estimated to average 76 minutes or notice will be summarized and included the RCDG funding announcement less per response. in the request for OMB approval. All located at http://www.grants.gov. Respondents: Farmer, rancher, and comments will also become a matter of FOR FURTHER INFORMATION CONTACT: fishery cooperatives. public record. Natalie Melton, Program Management Estimated Number of Respondents: Mark Brodziski, Division, Rural Business-Cooperative 1,037. Service, United States Department of Estimated Number of Responses per Acting Administrator,Rural Business- Agriculture, 1400 Independence Avenue Respondent: 1. Cooperative Service. SW, Mail Stop–3226, Room 4204– Estimated Number of Responses: [FR Doc. 2020–14283 Filed 7–1–20; 8:45 am] South, Washington, DC 20250–3226, 1,037. BILLING CODE 3410–XV–P Estimated Total Annual Burden on (202) 720–1400 or email CPgrants@ Respondents: 792 Hours. usda.gov. DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Comments The Office of Management and Rural Business-Cooperative Service Preface Budget’s (OMB) regulation (5 CFR part The Agency encourages applications 1320) implementing provisions of the [Docket #: RBS–CO–OP–0026] that will support recommendations Paperwork Reduction Act of 1995 (Pub. made in the Rural Prosperity Task Force L. 104–13) requires that interested Inviting Applications for Rural report to help improve life in rural members of the public and affected Cooperative Development Grants America. www.usda.gov/ruralprosperity agencies have an opportunity to AGENCY: Rural Business-Cooperative Applicants are encouraged to consider comment on information collection and Service, USDA. projects that provide measurable results recordkeeping activities (see 5 CFR in helping rural communities build ACTION: Notice of Funding Availability. 1320.8(d)). This notice identifies an robust and sustainable economies information collection that RBCS is SUMMARY: This Notice announces that through strategic investments in submitting to OMB for approval. the Rural Business-Cooperative Service infrastructure, partnerships and Comments are invited on: (a) Whether (Agency) is accepting fiscal year (FY) innovation. Key strategies include: the proposed collection of information 2020 applications for the Rural • Achieving e-Connectivity for rural is necessary for the proper performance Cooperative Development Grant (RCDG) America of the functions of the agency, including program. The program funding level for • Developing the Rural Economy whether the information will have FY 2020 is a total of $5.8 million. • Harnessing Technological Innovation practical utility; (b) The accuracy of the The purpose of this program is to • Supporting a Rural Workforce agency’s estimate of the burden of the provide financial assistance to improve • Improving Quality of Life proposed collection of information the economic condition of rural areas Overview including the validity of the through cooperative development. methodology and assumptions used; (c) Eligible applicants are a non-profit Federal Agency: Rural Business- Ways to enhance the quality, utility and corporation or an institution of higher Cooperative Service. clarity of the information to be education. Funding Opportunity Title: Rural collected; and (d) Ways to minimize the Cooperative Development Grants. burden of the collection of information DATES: Completed applications must be Announcement Type: Initial Notice. on those who are to respond, including submitted electronically by no later than Catalog of Federal Domestic through the use of appropriate midnight Eastern Time, August 3, 2020, Assistance Number: 10.771. automated, electronic, mechanical, or through Grants.gov, to be eligible for Date: Application Deadline. other technological collection grant funding. Please review the Electronic applications must be received techniques or other forms of information Grants.gov website at https:// by http://www.grants.gov no later than technology. www.grants.gov/web/grants/ midnight Eastern Time, August 3, 2020, Comments may be sent by the Federal register.htmlfor instructions on the or it will not be considered for funding. eRulemaking Portal: Go to http:// process of registering your organization The Application Template provides www.regulations.gov and, in the lower as soon as possible to ensure that you specific, detailed instructions for each ‘‘Search Regulations and Federal are able to meet the electronic item of a complete application. The Actions’’ box, select ‘‘Rural Business- application deadline. Late applications Agency emphasizes the importance of Cooperative Service’’ from the agency are not eligible for funding under this including every item and strongly drop-down menu, then click on Notice and will not be evaluated. encourages applicants to follow the ‘‘Submit.’’ In the Docket ID column, ADDRESSES: You are encouraged to instructions carefully, using the select RBS–20–CO–OP–0024 to submit contact your USDA Rural Development examples and illustrations in the or view public comments and to view State Office well in advance of the Application Template. Prior to official supporting and related materials application deadline to discuss your submission of applications, applicants available electronically. Information on project and ask any questions about the may request technical assistance or using Regulations.gov, including RCDG program or application process. other application guidance from the instructions for accessing documents, Contact information for State Offices Agency, as long as such requests are

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39871

made prior to August 3, 2020. Agency applications, refer to Section D of this in the CONACT or in the regulations contact information can be found in document. used for the program. Therefore, the Section D of this document. terms are clarified and should be Paperwork Reduction Act Hemp related projects: Please note understood as follows. that no assistance or funding can be In accordance with the Paperwork Conflict of interest—A situation in provided to a hemp producer unless Reduction Act, the paperwork burden which a person or entity has competing they have a valid license issued from an associated with this Notice has been personal, professional, or financial approved State, Tribal or Federal plan approved by the Office of Management interests that make it difficult for the as defined by the Agriculture and Budget (OMB) under OMB Control person or business to act impartially. Improvement Act of 2018, Public Law Number 0570–0006. Regarding use of both grant and 115–334. Verification of valid hemp A. Program Description matching funds, Federal procurement licenses will occur at the time of award. standards prohibit transactions that Persistent poverty counties: The The RCDG program is authorized involve a real or apparent conflict of Further Consolidated Appropriations under section 310B(e) of the interest for owners, employees, officers, Act, 2020, SEC. 740 designates funding Consolidated Farm and Rural agents, or their immediate family for projects in Persistent Poverty Development Act (CONACT) (7 U.S.C. members having a financial or other counties. Persistent Poverty counties as 1932 (e)) as amended by the Agriculture interest in the outcome of the project; or Improvement Act of 2018 (Pub. L. 115– defined in SEC. 740 is ‘‘any county that that restrict open and free competition 334). You are required to comply with has had 20 percent or more of its for unrestrained trade. Specifically, the regulations for this program population living in poverty over the project funds may not be used for published at 7 CFR part 4284, subparts past 30 years, as measured by the 1990 services or goods going to, or coming A and F, which are incorporated by and 2000 decennial censuses, and 2007– from, a person or entity with a real or reference in this Notice. Therefore, you 2011 American Community Survey 5- apparent conflict of interest, including, should become familiar with these year average, or any territory or but not limited to, owner(s) and their regulations. The primary objective of the possession of the United States’’. immediate family members. An example RCDG program is to improve the Another provision in SEC. 740 expands of conflict of interest occurs when the economic condition of rural areas the eligible population in Persistent grantee’s employees, board of directors, through cooperative development. Poverty counties to include any county or the immediate family of either, have Grants are awarded on a competitive seat of such a persistent poverty county the appearance of a professional or basis. The maximum award amount per that has a population that does not personal financial interest in the grant is $200,000. Grants are available exceed the authorized population limit recipients receiving the benefits or for non-profit corporations or higher by more than 10 percent. This provision services of the grant. education institutions only. Grant funds expands the current 50,000 population Mutually-owned business—An may be used to pay for up to 75 percent limit to 55,000 for only county seats organization owned and governed by of the cost of establishing and operating located in Persistent Poverty counties. members who either are its consumers, centers for rural cooperative Therefore, applicants and/or producers, employees, or suppliers. beneficiaries of technical assistance development. Grant funds may be used services located in Persistent Poverty to pay for 95 percent of the cost of B. Federal Award Information county seats with populations up to establishing and operating centers for Type of Award: Competitive Grant. 55,000 (per the 2010 Census) are rural cooperative development when the Fiscal Year Funds: FY 2020. eligible. applicant is a 1994 Institution as Total Funding: $5,800,000. COVID–19 Administrative Relief defined by 7 U.S.C. 301. The 1994 Maximum Award: $200,000. Exceptions: The Agency reviewed the Institutions are commonly known as Anticipated Award Date: September Office of Budget and Management’s Tribal Land Grant Institutions. Centers 30, 2020. (OMB) M–20–17 memorandum may have the expertise on staff, or they ‘‘Administrative Relief for Recipients can contract out for the expertise to C. Eligibility Information and Applicants of Federal Financial assist individuals or entities in the Applicants must meet all of the Assistance Directly Impacted by the startup, expansion or operational following eligibility requirements. Novel Coronavirus (COVID–19) due to improvement of rural businesses, Applications which fail to meet any of Loss of Operations’’, and OMB M–20– especially cooperative or mutually- these requirements by the application 11, ‘‘Administrative Relief for owned businesses. deadline will be deemed ineligible and Recipients and Applicants of Federal will not be evaluated further. Financial Assistance directly impacted Definitions by the novel coronavirus (COVID–19)’’, The terms you need to understand are 1. Eligible Applicants cited and referenced by M–20–17 and defined and published at 7 CFR 4284.3 You must be a nonprofit corporation has made every attempt to reduce and 7 CFR 4284.504. In addition, the or an institution of higher education to administrative burden within our terms ‘‘rural’’ and ‘‘rural area,’’ defined apply for this program. Public bodies authority. Any reduction in burden will at section 343(a) (13) of the CONACT (7 and individuals cannot apply for this be discussed within the requirement. U.S.C. 1991(a)), are incorporated by program. See 7 CFR 4284.507. You must The Agency will not solicit or reference, and will be used for this also meet the following requirements: consider new scoring or eligibility program instead of those terms currently a. An applicant is ineligible if they information that is submitted after the published at 7 CFR 4284.3. The term have been debarred or suspended or application deadline. The Agency ‘‘you’’ referenced throughout this Notice otherwise excluded from or ineligible reserves the right to contact applicants should be understood to mean ‘‘you’’ for participation in Federal assistance to seek clarification on materials the applicant. Finally, there has been programs under Executive Order 12549, contained in the submitted application. some confusion on the Agency’s ‘‘Debarment and Suspension.’’ The See the Application Template for a full meaning of the terms ‘‘conflict of Agency will check the System for discussion of each item. For interest’’ and ‘‘mutually-owned Award Management (SAM) to determine requirements of completed grant business’’ because they are not defined if the applicant has been debarred or

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39872 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

suspended. In addition, an applicant Example: $200,000 (Grant Amount)/.75 • You must be able to document and will be considered ineligible for a grant (Percentage for use of Grant Funds) = verify the number of hours worked and due to an outstanding judgment $266,667 (Total Project Cost) the value associated with any in-kind obtained by the U.S. in a Federal Court b. Subtract the amount of grant funds contribution being used to meet a (other than U.S. Tax Court), is you are requesting from your total matching funds requirement. • In-kind contributions provided by delinquent on the payment of Federal project cost. This will give you your individuals, businesses, or cooperatives income taxes, or is delinquent on matching funds requirement. Federal debt. See 7 CFR 4284.6. The which are being assisted by you cannot applicant must certify as part of the Example: $266,667 (total project cost) ¥ be provided for the direct benefit of application that they do not have an $200,000 (grant amount) = $66,667 their own projects as USDA Rural outstanding judgment against them. The (matching funds requirement) Development considers this to be a Agency will check the Do Not Pay c. A quick way to double check that conflict of interest or the appearance of System to verify this information. you have the correct amount of a conflict of interest. b. Any corporation that has been matching funds is to take your total 3. Other Eligibility Requirements convicted of a felony criminal violation project cost and multiply it by .25. a. Completeness under any Federal law within the past × 24 months or that has any unpaid Example: $266,667 (total project cost) Your application will not be Federal tax liability that has been .25 (maximum percentage of matching considered for funding if it fails to meet assessed, for which all judicial and funds requirement) = $66,667 (matching an eligibility criterion by time of administrative remedies have been funds requirement) application deadline or does not exhausted or have lapsed, and that is You must verify that all matching provide sufficient information to not being paid in a timely manner funds are available during the grant determine eligibility and scoring. You pursuant to an agreement with the period and provide this documentation must include all of the forms and authority responsible for collecting the with your application in accordance proposal elements as discussed in the tax liability, is not eligible for financial with requirements identified in Section regulation and as clarified further in this assistance provided with funds D.2.e.8. If you are awarded a grant, Notice in one package. Incomplete appropriated by the Further additional verification documentation applications will not be reviewed by the Consolidated Appropriations Act, 2020 may be required to confirm the Agency. For more information on what (Pub. L. 116–94), unless a Federal availability of matching funds. is required for a complete application, agency has considered suspension or Other rules for matching funds that see 7 CFR 4284.510. you must follow are listed below. debarment of the corporation and has b. Purpose Eligibility made a determination that this further • They must be spent on eligible action is not necessary to protect the expenses during the grant period. Your application must propose the • They must be from eligible sources. establishment or continuation of a interests of the Government. Note: You • no longer must complete the Form AD They must be spent in advance or cooperative development center 3030, ‘‘Representation Regarding Felony as a pro-rata portion of grant funds concept. You must use project funds, being spent. including grant and matching funds, for Corporations and Tax Delinquent Status • for Corporate Applicants’’ as a part of They must be provided by either eligible purposes only (see 7 CFR your application. This information is the applicant or a third party in the form 4284.508). In addition, project funds of cash or an in-kind contribution. may also be used for programs now collected through your registration • or annual recertification in SAM.gov via They cannot include board/ providing for the coordination of the Financial Assistance General advisory council member’s time. services and sharing of information • They cannot include other Federal Certifications and Representations. among the centers (see 7 U.S.C grants unless provided by authorizing 1932(e)(4)(C)(vi)). c. Applications will be deemed legislation. ineligible if the application includes any • They cannot include cash or in- c. Project Eligibility funding restrictions identified under kind contributions donated outside of All project activities must be for the Section D.6. a and b. Inclusion of the grant period. benefit of a rural area. funding restrictions outlined in Section • They cannot include over-valued, D.6. a. and b. preclude the Agency from in-kind contributions. d. Multiple Application Eligibility making a federal award. • They cannot include any project Only one application can be d. Applications will be deemed costs that are ineligible under the RCDG submitted per applicant. If two ineligible if the application is not program. applications are submitted (regardless of complete in accordance with the • They cannot include any project the applicant name) that include the requirements stated in Section C.3. costs that are restricted or unallowable same Executive Director and/or advisory 2. Cost Sharing or Matching under 2 CFR part 200, subpart E, and boards or committees of an existing the Federal Acquisition Regulation (for- center, both applications will be Your matching funds requirement is profits) or successor regulation. determined ineligible for funding. 25 percent of the total project cost (5 • They can include loan funds from percent for 1994 Institutions). See 7 CFR a Federal source. e. Grant Period 4284.508. When you calculate your • They can include travel and Your application must include no matching funds requirement, please incidentals for board/advisory council more than a one-year grant period, or it round up or down to whole dollars as members if you have established written will not be considered for funding. The appropriate. An example of how to policies explaining how these costs are grant period should begin no earlier calculate your matching funds is as normally reimbursed, including rates. than October 1, 2020, and no later than follows: You must include an explanation of this January 1, 2021. Applications that a. Take the amount of grant funds you policy in your application or the request funds for a time period ending are requesting and divide it by .75. This contributions will not be considered as after January 1, 2021, will not be will give you your total project cost. eligible matching funds. considered for funding. Projects must be

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39873

completed within a one-year timeframe. considered for funding. The Agency will applying electronically through the site, Prior approval is needed from the make this determination. Please note as well as the hours of operation. Agency if you are awarded a grant and that the Agency only allows one active To use Grants.gov, you must already desire the grant period to begin earlier award to ensure that there is no have a DUNS number and you must also or later than previously discussed or duplication of services. The Agency will be registered and maintain registration approved. work with FY 2019 recipients who in SAM. We strongly recommend that The Agency may approve requests for request an extension of their FY 2019 you do not wait until the application a one-time extension up to 12 months at award due to COVID–19 loss of deadline date to begin the application its discretion. However, you may not operations to determine an acceptable process through Grants.gov. have more than one active RCDG during grant period if they are awarded in fiscal You must submit all your application the same grant period. Further guidance year 2020 in accordance with OMB documents electronically through on grant period extensions will be Memorandum M–20–17 and 2 CFR Grants.gov. Applications must include provided in the award document. The 200.343. Thus, requesting an extension electronic signatures. Original Agency understands that fiscal year on a FY 2019 award is not cause for signatures may be required if funds are 2019 recipients may have had loss of deeming a FY 2020 application awarded. operations due to COVID–19 and will ineligible. After electronically applying through work with them to determine an h. Indirect Costs Grants.gov, you will receive an acceptable grant period if they are automatic acknowledgement from Your negotiated indirect cost rate awarded in fiscal year 2020 in Grants.gov that contains a Grants.gov approval does not need to be included accordance with OMB Memoranda M– tracking number.Supplemental in your application, but you will be 20–17 and 2 CFR 200.308. Information required to provide it if a grant is f. Satisfactory Performance awarded. Approval for indirect costs Your application must contain all the You must be performing satisfactorily that are requested in an application required forms and proposal elements on any outstanding RCDG award to be without an approved indirect cost rate described in 7 CFR 4284.510 and as considered eligible for a new award. agreement is at the discretion of the otherwise clarified in this Notice. Satisfactory performance includes being Agency. Specifically, your application must up-to-date on all financial and include: (1) The required forms as performance reports as prescribed in the D. Application and Submission described in 7 CFR 4284.510(b) and (2) grant award, and current on tasks and Information the required proposal elements as timeframes for utilizing grant and 1. Address To Request Application described in 7 CFR 4284.510(c). If your matching funds as approved in the work Package application is incomplete, it is ineligible plan and budget. If you have any to compete for funds. Applications For further information, you should lacking sufficient information to unspent grant funds on RCDG awards contact your State Office at http:// prior to fiscal year 2019, your determine eligibility and scoring will be www.rd.usda.gov/contact-us/state- considered ineligible. Information application will not be considered for offices. Program materials may also be funding. If your fiscal year 2019 award submitted after the application deadline obtained at http://www.rd.usda.gov/ will not be accepted. has unspent funds of 50 percent or more programs-services/rural-cooperative- than what your approved work plan and development-grant-program. c. Clarifications on Forms budget projected at the time that your • fiscal year 2020 application is being 2. Content and Form of Application Your DUNS number should be evaluated, your application will not be Submission identified in the ‘‘Organizational DUNS’’ field on Standard Form (SF) considered for funding. The Agency will You may submit your application 424, ‘‘Application for Federal verify the performance status of the electronically through Grants.gov. You Assistance.’’ You must also provide applicant’s FY 2019 awards and make a are encouraged, but not required to your SAM Commercial and Government determination after the FY 2020 utilize the application template found at Entity (CAGE) Code and expiration date application period closes. The Agency http://www.rd.usda.gov/programs- under the applicant eligibility understands that fiscal year 2019 services/rural-cooperative-development- discussion in your proposal narrative. If recipients may have had a loss of grant-program. operations due to COVID–19 and will you do not include the CAGE code and consider providing flexibility in terms a. Electronic Submission expiration date and the DUNS number of fund utilization on FY 19 awards An optional-use Agency application in your application, it will not be with acceptable justification of delays template is available online at http:// considered for funding. In accordance resulting from the COVID–19 pandemic www.rd.usda.gov/programs-services/ with OMB Memoranda M–20–17, the in accordance with OMB Memorandum rural-cooperative-development-grant- Agency can accept an application M–20–17 and 2 CFR 200.343. program. without an active SAM registration. To apply electronically, you must use However, the registration must be g. Duplication of Current Services the Grants.gov website at http:// completed before an award is made. Your application must demonstrate www.Grants.gov. You may not apply Current registrants in SAM with active that you are providing services to new electronically in any way other than registrations expiring before May 16, customers or new services to current through Grants.gov. 2020 will be afforded a one-time customers. If your work plan and budget You can locate the Grants.gov extension of 60 days. is duplicative of your existing award, downloadable application package for • You no longer must complete the your application will not be considered this program by using a keyword, the Form SF 424B, ‘‘Assurances—Non- for funding. If your workplan and program name, or the Catalog of Federal Construction Programs’’ as a part of budget is duplicative of a previous or Domestic Assistance Number for this your application. This information is existing RCDG and/or Socially program. now collected through your registration Disadvantaged Groups Grant (SDGG) When you enter the Grants.gov or annual recertification in SAM.gov award, your application will not be website, you will find information about through the Financial Assistance

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39874 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

General Certifications and evaluate the RCDG program. You must subpart F. This should be addressed Representation. provide estimates on the following under proposal evaluation criterion • You can voluntarily fill out and performance evaluation measures: number a., utilizing the specific submit the ‘‘Survey on Ensuring Equal • Number of groups assisted who are requirements of Section E.1.a. Opportunity for Applicants,’’ as part of not legal entities. vii. You should present the Work Plan your application if you are a nonprofit • Number of businesses assisted that and Budget proposal element under organization. are not cooperatives. proposal evaluation criterion number h., d. Clarifications on Proposal Elements • Number of cooperatives assisted. utilizing the specific requirements of 1. You must include the title of the • Number of businesses incorporated Section E.1.h. of this Notice to reduce project as well as any other relevant that are not cooperatives. duplication in your application. identifying information on the Title • Number of cooperatives viii. You should present the Delivery Page. incorporated. of Cooperative development assistance 2. You must include a Table of • Total number of jobs created as a proposal element under proposal Contents with page numbers for each result of assistance. evaluation criterion number b., utilizing component of the application to • Total number of jobs saved as a the specific requirements of Section facilitate review. result of assistance. E.1.b. of this Notice. 3. Your Executive Summary must • Number of jobs created for the ix. You should present the include the items in 7 CFR Center as a result of RCDG funding. Qualifications of Personnel proposal 4284.510(c)(3) and discuss the • Number of jobs saved for the Center element under proposal evaluation percentage of work that will be as a result of RCDG funding. criterion number i., utilizing the specific performed among organizational staff, It is permissible to have a zero in a requirements of Section E.1.i. of this consultants, or other contractors. It performance element. When you Notice. should not exceed two pages. calculate jobs created, estimates should x. You should present the Local 4. Your Eligibility Discussion must be based upon actual jobs to be created Support and Future Support proposal not exceed two pages and cover how by your organization because of the elements under proposal evaluation you meet the applicant eligibility RCDG funding or actual jobs to be criterion number j., utilizing the requirements, matching funds, and created by cooperative businesses or requirements of Section E.1.j. of this other eligibility requirements. other businesses as a result of assistance Notice. 5. Your Proposal Narrative must not from your organization. When you xi. Your application will not be exceed 40 pages using at least 11-point calculate jobs saved, estimates should considered for funding if you do not font and should describe the essential be based only on actual jobs that would address all of the proposal evaluation aspects of the project. have been lost if your organization did criteria. See Section E.1. of this Notice i. You are required to only have one not receive RCDG funding or actual jobs for a description of the proposal title page for the proposal. that would have been lost without evaluation criteria. ii. If you list the evaluation criteria on assistance from your organization. xii. Only appendices A–C will be the Table of Contents and then v. You can also suggest additional considered when evaluating your specifically and individually address performance elements, for example, application. You must not include each criterion in narrative form, it is not where job creation or jobs saved may resumes of staff or consultants in the necessary for you to include an not be a relevant indicator (e.g., application. Information Sheet. Otherwise, the housing). These additional criteria 6. You must certify that there are no Information Sheet is required under 7 should be specific, measurable current outstanding Federal judgments CFR 4284.510 (c)(5)(ii). performance elements that could be against your property and that you will iii. You must include the following included in an award document. not use grant funds to pay for any under Goals of the Project: vi. You must describe in the judgment obtained by the United States. A. A statement that substantiates that application how you will undertake To satisfy the Certification requirement, the Center will effectively serve rural each of the following and prefer that you should include this statement in areas in the United States; you described these undertakings your application: ‘‘[INSERT NAME OF B. A statement that the primary within the noted proposal evaluation APPLICANT] certifies that the United objective of the Center will be to criteria to reduce duplication in your States has not obtained an unsatisfied improve the economic condition of rural application. The specific proposal judgment against its property, is not areas through cooperative development; evaluation criterion where you should delinquent on the payment of Federal C. A description of the contributions address each undertaking is noted income taxes, or any Federal debt, and that the proposed activities are likely to below. will not use grant funds to pay any make to the improvement of the A. Take all practicable steps to judgments obtained by the United economic conditions of the rural areas develop continuing sources of financial States.’’ A separate signature is not for which the Center will provide support for the Center, particularly from required. services. Expected economic impacts sources in the private sector (should be 7. You must certify that matching should be tied to tasks included in the presented under proposal evaluation funds will be available at the same time work plan and budget; and criterion j., utilizing the specific grant funds are anticipated to be spent D. A statement that the Center, in requirements of Section E.1.j.); and that expenditures of matching funds carrying out its activities, will seek, B. Make arrangements for the Center’s are pro-rated or spent in advance of where appropriate, the advice, activities to be monitored and evaluated grant funding, such that for every dollar participation, expertise, and assistance (should be addressed under proposal of the total project cost, not less than the of representatives of business, industry, evaluation criterion number h. utilizing required amount of matching funds will educational institutions, the Federal the specific requirements of Section be expended. Please note that this government, and State and local E.1.h.); and Certification is a separate requirement governments. C. Provide an accounting for the from the Verification of Matching Funds iv. The Agency has established annual money received by the grantee in requirement. To satisfy the Certification performance evaluation measures to accordance with 7 CFR part 4284, requirement, you should include this

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39875

statement in your application: ‘‘[INSERT the grant period), and (3) the value of (b) Register in SAM before submitting NAME OF APPLICANT] certifies that the goods and/or services. your application. You may register in matching funds will be available at the To ensure that you are identifying and SAM at no cost at https://www.sam.gov/ same time grant funds are anticipated to verifying your matching funds portal/public/SAM/. You must provide be spent and that expenditures of appropriately, please note the following: your SAM CAGE Code and expiration matching funds shall be pro-rated or • If you are paying for goods and/or date. When registering in SAM, you spent in advance of grant funding, such services as part of the matching funds must indicate you are applying for a that for every dollar of the total project requirement, the expenditure is Federal financial assistance project or cost, at least 25 cents (5 cents for 1994 considered a cash match, and you must program or are currently the recipient of Institutions) of matching funds will be verify it as such. Universities must funding under any Federal financial expended.’’ A separate signature is not verify the goods and services they are assistance project or program, and required. providing to the project as a cash match (c) The SAM registration must remain 8. You must provide documentation and the verification must be approved active with current information at all in your application to verify all of your by the appropriate approval official (i.e., times while RBCS is considering an proposed matching funds. The sponsored programs office or application or while a Federal grant documentation must be included in equivalent). award or loan is active. To maintain the Appendix A of your application and • If you have already received cash registration in the SAM database the will not count towards the 40-page from a third-party (i.e., Foundation) applicant must review and update the limitation. Template letters are available before the start of your proposed grant information in the SAM database for each type of matching funds period, you must verify this as your own annually from date of initial registration contribution at: http://www.rd.usda.gov/ cash match and not as a third-party cash or from the date of the last update. The programs-services/rural-cooperative- match. If you are receiving cash from a applicant must ensure that the development-grant-program. third-party during the grant period, then information in the database is current, a. If matching funds are to be you must be verifying the cash as a accurate, and complete. Applicants provided in cash, you must meet the third-party cash match. must ensure they complete the following requirements: • Board resolutions for a cash match Financial Assistance General • You: The application must include Certifications and Representations in a statement verifying (1) the amount of must be approved at the time of application. SAM the cash and (2) the source of the cash. • If you have not fully complied with You may also provide a bank statement You can only consider goods or all applicable DUNS and SAM dated 30 days or less from the services for which no expenditure is requirements, the Agency may made as an in-kind contribution. application deadline date to verify your • determine that the applicant is not cash match. If a non-profit or another qualified to receive a Federal award and • Third-party: The application must organization contributes the services of the Agency may use that determination include a signed letter from the third affiliated volunteers, they must follow as a basis for making an award to party verifying (1) how much cash will the third-party, in-kind donation another applicant. In accordance with be donated and (2) that it will be verification requirement for each OMB Memoranda M–20–17, the Agency available corresponding to the proposed individual volunteer. • can accept an application without an grant period or donated on a specific Expected program income may not active SAM registration. However, the date within the grant period. be used to fulfill your matching funds registration must be completed before b. If matching funds are to be requirement at the time you submit your an award is made. Current registrants in provided by an in-kind donation, you application. However, if you have a SAM with active registrations expiring must meet the following requirements: contract to provide services in place at before May 16, 2020 will be afforded a • You: The application must include the time you submit your application, one-time extension of 60 days. Please a signed letter from you or your you can verify the amount of the refer to Section F.2. for additional authorized representative verifying (1) contract as a cash match. • submission requirements that apply to the nature of the goods and/or services The valuation processes used for in- grantees selected for this program. to be donated and how they will be kind contributions does not need to be used, (2) when the goods and/or included in your application, but you 4. Submission Date and Time services will be donated (i.e., must be able to demonstrate how the Explanation of Deadline: Completed corresponding to the proposed grant valuation was derived if you are applications must be submitted period or to specific dates within the awarded a grant. The grant award may electronically by no later than midnight grant period), and (3) the value of the be withdrawn, or the amount of the Eastern Time, August 17, 2020, through goods and/or services. Please note that grant reduced if you cannot demonstrate Grants.gov, to be eligible for grant most applicant contributions for the how the valuation was derived. funding. Please review the Grants.gov RCDG program are considered applicant Successful applicants must comply website at https://www.grants.gov/web/ cash match in accordance with this with requirements identified in Section grants/register.html for instructions on Notice. If you are unsure, please contact F, Federal Award Administration. the process of registering your your State Office because identifying 3. Dun and Bradstreet Data Universal organization as soon as possible to your matching funds improperly can Numbering System (DUNS) and System ensure that you can meet the electronic affect your scoring. for Awards Management (SAM) application deadline. Grants.gov will • Third-Party: The application must not accept applications submitted after include a signed letter from the third To be eligible (unless you are the deadline. party verifying (1) the nature of the excepted under 2 CFR 25.110(b), (c) or goods and/or services to be donated and (d)), you are required to: 5. Intergovernmental Review of how they will be used, (2) when the (a) Provide a valid DUNS number in Applications goods and/or services will be donated your application, which can be obtained Executive Order (E.O.) 12372, (i.e., corresponding to the proposed at no cost via a toll-free request line at ‘‘Intergovernmental Review of Federal grant period or to specific dates within (866) 705–5711; Programs,’’ applies to this program. This

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39876 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

E.O. requires that Federal agencies Agency will make the grant award, or The regulatory and statutory criteria are provide opportunities for consultation the amount of the grant award will be clarified and supplemented below. You on proposed assistance with State and reduced accordingly. If we cannot should also include information as local governments. Many States have determine the percentage of ineligible described in Section D.2.e.5.vi. if you established a Single Point of Contact costs, your application will not be choose to address these items under the (SPOC) to facilitate this consultation. considered for funding. scoring criteria. Evaluators will base For a list of States that maintain a SPOC, scores only on the information provided 7. Other Submission Requirements please see the White House website: or cross-referenced by page number in https://www.whitehouse.gov/wp- a. You should not submit your each individual evaluation criterion. content/uploads/2017/11/SPOC-Feb.- application in more than one format. The maximum amount of points 2018.pdf. If your State has a SPOC, you You must submit your application available is 110. Newly established or may submit a copy of the application electronically. Note that we cannot proposed Centers that do not yet have directly for review. Any comments accept applications through mail or a track record on which to evaluate the obtained through the SPOC must be courier delivery, in-person delivery, following criteria should refer to the provided to your State Office for email, or fax. To submit an application expertise and track records of staff or consideration as part of your electronically, you must follow the consultants expected to perform tasks application. If your State has not instruction for this funding related to the respective criteria. established a SPOC, or if you do not announcement at http:// Proposed or newly established Centers want to submit a copy of the www.grants.gov. A password is not must be organized well-enough at the application, our State Offices will required to access the website. time of application to address its submit your application to the SPOC or b. National Environmental Policy Act capabilities for meeting these criteria. other appropriate agency or agencies. a. Administrative capabilities All recipients under this Notice are 6. Funding Restrictions (maximum score of 10 points). A panel subject to the requirements of 7 CFR of USDA employees will evaluate your a. Project funds, including grant and part 1970. However, technical assistance demonstrated track record in carrying matching funds, cannot be used for awards under this Notice are classified out activities in support of development ineligible grant purposes (see 7 CFR as a Categorical Exclusion according to assistance to cooperatively and 4284.10). Also, you shall not use project 7 CFR 1970.53(b), and usually do not mutually owned businesses. At a funds for the following: require any additional documentation. minimum, you must discuss the • The Agency will review each grant To purchase, rent, or install following administrative capabilities: laboratory equipment or processing application to determine its compliance with 7 CFR part 1970. The applicant 1. Financial systems and audit machinery; controls; • To pay for the operating costs of may be asked to provide additional any entity receiving assistance from the information or documentation to assist 2. Personnel and program Center; the Agency with this determination. administration performance measures; • To pay costs of the project where a 3. Clear written rules of governance; c. Civil Rights Compliance conflict of interest exists; and • To fund any activities prohibited by Requirements 4. Experience administering Federal 2 CFR part 200; or All grants made under this Notice are grant funding no later than the last 5 • To fund any activities considered subject to Title VI of the Civil Rights Act years, including but not limited to past unallowable by 2 CFR part 200, subpart of 1964 as required by the USDA (7 CFR RCDG awards. Please list the name of E, ‘‘Cost Principles,’’ and the Federal part 15, subpart A) and Section 504 of the Federal grant program(s), the Acquisition Regulation (for-profits) or the Rehabilitation Act of 1973. amount(s), and the date(s) of funding successor regulations. received. E. Application Review Information b. In addition, your application will You will score higher on this criterion not be considered for funding if it does The State Offices will review if you can demonstrate that the Center any of the following: applications to determine if they are has independent governance. For • Focuses assistance on only one eligible for assistance based on applicants that are universities or parent cooperative or mutually-owned requirements in 7 CFR part 4284, organizations, you should demonstrate business; subparts A and F, this Notice, and other • that there is a separate board of directors Requests more than the maximum applicable Federal regulations. If for the Center. grant amount; or determined eligible, your application b. Technical assistance and other • Proposes ineligible costs that equal will be scored by a panel of USDA services (maximum score of 10 points). more than 10 percent of total project employees in accordance with the point A panel of USDA employees will costs. The ineligible costs will NOT be allocation specified in this Notice. evaluate your demonstrated expertise no removed at this stage to proceed with Applications will be funded in rank later than the last 5 years in providing application processing. For purposes of order until the funding limitation has technical assistance and accomplishing this determination, the grant amount been reached. Applications that cannot effective outcomes in rural areas to requested plus the matching funds be fully funded may be offered partial promote and assist the development of amount constitutes the total project funding at the Agency’s discretion. cooperatively and mutually owned costs. We will consider your application for 1. Scoring Criteria businesses. You must discuss at least: funding if it includes ineligible costs of Scoring criteria will follow criteria 1. Your potential for delivering 10 percent or less of total project costs, published at 7 CFR 4284.513 as effective technical assistance; if the remaining costs are determined supplemented below including any 2. The types of assistance provided; eligible otherwise. However, if your amendments made by the Section 6013 3. The expected effects of that application is successful, those of the Food, Conservation, and Energy assistance; ineligible costs must be removed and Act of 2008 (Pub. L. 110–234), which is 4. The sustainability of organizations replaced with eligible costs before the incorporated by reference in this Notice. receiving the assistance; and

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39877

5. The transferability of your of 10 points). A panel of USDA define and describe the underserved cooperative development strategies and employees will evaluate your and economically distressed areas focus to other areas of the United States. demonstrated past performance in within your service area, provide A chart or table showing the outcomes establishing legal cooperative business economic statistics, and identify past or of your demonstrated expertise based entities and other legal business entities current projects within or affecting these upon the performance elements listed in during October 1, 2015– August 17, areas, as appropriate. Projects identified Section D.2.e.5.iv. or as identified in 2020. Provide the name of the in the work plan and budget that are your award document on previous organization(s) established, the date of located in persistent poverty counties as RCDG awards is recommended. At a formation and your role in assisting defined in H.R.1865—118 SEC. 740 of minimum, please provide information with the incorporation(s) under this Further Consolidated Appropriations for FY 2016—FY 2018 awards. You may criterion. In addition, documentation Act 2020, will score even higher on this also include any performance outcomes verifying the establishment of legal criterion. from an FY 2019 RCDG award. We business entities must be included in g. Matching Funds (maximum score of prefer that you provide one chart or Appendix C of your application and 10 points). A panel of USDA employees table separating out award years. The will not count against the 40-page limit will evaluate your commitment for the intention here is for you to provide for the narrative. The documentation 25 percent (5 percent for 1994 actual performance numbers based upon must include proof that organizational Institutions) matching funds award years (fiscal year) even though documents were filed with the Secretary requirement. A chart or table should be your grant period for the award was for of State’s Office (i.e. Certificate of provided to describe all matching funds the next calendar or fiscal year. Please Incorporation or information from the being committed to the project. provide a narrative explanation if you State’s official website naming the entity However, formal documentation to have not previously received an RCDG established and the date of verify all the matching funds must be award. establishment); or if the business entity included in Appendix A of your You will score higher on this criterion is not required to register with the application. You will be scored on the if you provide more than 3 years of Secretary of State, a certification from total amount and how you identify your outcomes and can demonstrate that the the business entity that a legal business matching funds. organizations you assisted within the entity has been established and when. 1. If you meet the 25 percent (5 last 5 years are sustainable. Additional Please note that you are not required to percent for 1994 Institutions) matching outcome information should be submit articles of incorporation to funds requirement, points will be provided on RCDG grants awarded receive points under this criterion. You assigned as follows: before FY 2016. Please describe specific will score higher on this criterion if you • In-kind only—1 point; project(s) when addressing items 1–5 of have established legal cooperative • Mix of in-kind and cash—3–4 paragraph b. To reduce duplication, businesses. If your State does not points (maximum points will be descriptions of specific projects and incorporate cooperative business awarded if the ratio of cash to in-kind their impacts, outcomes and roles can entities, please describe how the is 30 percent or more); or be discussed once under criterion b or established business entity operates like • Cash only—5 points. c. However, you must cross-reference a cooperative. Due to extenuating 2. If you exceed the 25 percent (5 the information under the other circumstances of COVID–19, the Agency percent for 1994 Institutions) matching criterion. will utilize information in the narrative funds requirement, points will be c. Economic development (maximum to score this criterion. Documentation to assigned as follows: score of 10 points). A panel of USDA verify past performance in establishing • In-kind only—2 points; employees will evaluate your legal entities will be required before an • Mix of in-kind and cash—6–7 demonstrated ability to facilitate: award is made. points (maximum points will be 1. Establishment of cooperatives or e. Networking and regional focus awarded if the ratio of cash to in-kind mutually owned businesses; (maximum score of 10 points). A panel is 30 percent or more); or 2. New cooperative approaches (i.e., of USDA employees will evaluate your • Cash only—up to 10 points. organizing cooperatives among demonstrated commitment to: h. Work Plan/Budget (maximum score underserved individuals or 1. Networking with other cooperative of 10 points). A panel of USDA communities; an innovative market development centers, and other employees will evaluate your work plan approach; a type of cooperative organizations involved in rural for detailed actions and an currently not in your service area; a new economic development efforts, and accompanying timetable for cooperative structure; novel ways to 2. Developing multi-organization and implementing the proposal. The budget raise member equity or community multi-State approaches to addressing must present a breakdown of the capitalization; conversion of an existing the economic development and estimated costs associated with business to cooperative ownership); and cooperative needs of rural areas. cooperative and business development 3. Retention of businesses, generation You will score higher on this criterion activities as well as the operation of the of employment opportunities or other if you can demonstrate the outcomes of Center and allocate these costs to each factors, as applicable, that will your multi-organizational and multi- of the tasks to be undertaken. Matching otherwise improve the economic State approaches. Please describe the funds as well as grant funds must be conditions of rural areas. project(s), partners and the outcome(s) accounted for in the budget. You will score higher on this criterion that resulted from the approach. You must discuss at a minimum: if you provide quantifiable economic f. Commitment (maximum score of 10 1. Specific tasks (whether it be by measurements showing the impacts of points). A panel of USDA employees type of service or specific project) to be your past development projects no later will evaluate your commitment to completed using grant and matching than the last 5 years and identify your providing technical assistance and other funds; role in the economic development services to under-served and 2. How customers will be identified; outcomes. economically distressed areas in rural 3. Key personnel; and d. Past performance in establishing areas of the United States. You will 4. The evaluation methods to be used legal business entities (maximum score score higher on this criterion if you to determine the success of specific

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39878 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

tasks and overall objectives of Center (ii) Alternative funding sources that F. Federal Award Administration operations. Please provide qualitative reduce reliance on Federal, State, and Information methods of evaluation. For example, local grants; and 1. Federal Award Notices evaluation methods should go beyond (iii) The use of in-house personnel for If you are selected for funding, you quantitative measurements of providing services versus contracting will receive a signed notice of Federal completing surveys or number of out for that expertise. Please discuss evaluations. award by postal or electronic mail from your strategy for building in-house You will score higher on this criterion the State Office where your application technical assistance capacity. if you present a clear, logical, realistic, was submitted, containing instructions and efficient work plan and budget. You will score higher if you can and requirements necessary to proceed i. Qualifications of those Performing demonstrate that your future support with execution and performance of the the Tasks (maximum score of 10 points). will result in long-term sustainability of award. You must comply with all A panel of USDA employees will the Center. applicable statutes, regulations, and evaluate your application to determine k. Administrator Discretionary Points notice requirements before the grant if the personnel expected to perform key (maximum of 10 points). The award will be funded. tasks have a track record of: Administrator may choose to award up If you are not selected for funding, 1. Positive solutions for complex to 10 points to an eligible non-profit you will be notified in writing via postal cooperative development and/or corporation or institution of higher or electronic mail and informed of any marketing problems; or education who has never previously review and appeal rights. See 7 CFR part 2. A successful record of conducting been awarded an RCDG grant and whose 11 for USDA National Appeals Division accurate feasibility studies, business workplan and budget seeks to help rural procedures. There will be no available plans, marketing analysis, or other communities build robust and funds for successful appellants once all FY 2020 funds are awarded and activities relevant to your success as sustainable economies through strategic obligated. determined by the tasks identified in the investments in infrastructure, work plan; and partnerships and innovation. Eligible 2. Administrative and National Policy 3. Whether the personnel expected to applicants who want to be considered Requirements perform the tasks are full/part-time for discretionary points must discuss Additional requirements that apply to employees of your organization or are how their workplan and budget contract personnel. grantees selected for this program can be supports one or more of the five found in 7 CFR part 4284, subpart F; the You will score higher on this criterion following key strategies: if you demonstrate commitment and Grants and Agreements regulations of availability of qualified personnel Achieving e-Connectivity for Rural the Department of Agriculture codified expected to perform the tasks. America; in 2 CFR parts 180, 400, 415, 417, 418, 421; 2 CFR parts 25 and 170; and 48 j. Local and Future Support Improving Quality of Life; (maximum score of 10 points). A panel CFR 31.2, and successor regulations to of USDA employees will evaluate your Supporting a Rural Workforce; these parts. application for local and future support. Harnessing Technological Innovation; or In addition, all recipients of Federal Support should be discussed directly Economic Development financial assistance are required to within the response to this criterion. report information about first-tier 1. Discussion on local support should 2. Review and Selection Process subawards and executive compensation include previous and/or expected local (see 2 CFR part 170). You will be The State Offices will review support and plans for coordinating with required to have the necessary processes applications to determine if they are other developmental organizations in and systems in place to comply with the eligible for assistance based on the proposed service area or with state Federal Funding Accountability and and local government institutions. You requirements in 7 CFR part 4284, Transparency Act of 2006 (Pub. L. 109– will score higher if you demonstrate subparts A and F, this Notice, and other 282) reporting requirements (see 2 CFR strong support from potential applicable Federal regulations. If 170.200(b), unless you are exempt under beneficiaries and formal evidence of determined eligible, your application 2 CFR 170.110(b)). intent to coordinate with other will be scored by a panel of USDA The following additional developmental organizations. You may employees in accordance with the point requirements apply to grantees selected also submit a maximum of 10 letters of allocation specified in this Notice. The for awards within this program: support or intent to coordinate with the Administrator may choose to award up a. Execution of an Agency-approved application to verify your discussion. to 10 Administrator priority points Grant Agreement; These letters should be included in based on criterion (k) in section E.1. of b. Acceptance of a written Letter of Appendix B of your application and this Notice. These points will be added Conditions; and submission of the will not count against the 40-page limit to the cumulative score for a total following Agency forms: for the narrative. Due to extenuating possible score of 110. Applications will • Form RD 1940–1, ‘‘Request for circumstance of COVID–19, the Agency be funded in highest ranking order until Obligation of Funds.’’ will utilize information in the narrative the funding limitation has been reached. • Form RD 1942–46, ‘‘Letter of Intent to score this criterion. Documentation to Applications that cannot be fully to Meet Conditions.’’ verify local support will be required funded may be offered partial funding at • SF LLL, ‘‘Disclosure of Lobbying before an award is made. the Agency’s discretion. If your Activities,’’ if applicable. 2. Discussion on future support will application is evaluated, but not funded, You no longer must complete the include your vision for funding it will not be carried forward into the following five forms for acceptance of a operations in future years. You should next competition. Successful applicants Federal award. This information is now document: must comply with requirements collected through your registration or (i) New and existing funding sources identified in Section F, Federal Award annual recertification in SAM.gov in the that support your goals; Administration. Financial Assistance General

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39879

Certifications and Representations obtained at http://www.rd.usda.gov/ USDA is an equal opportunity section: programs-services/rural-cooperative- provider, employer, and lender. • Form RD 400–4, ‘‘Assurance development-grant-program. If you want Mark Brodziski, Agreement.’’ to submit an electronic application, • Form AD–1047, ‘‘Certification Acting Administrator, Rural Business- follow the instructions for the RCDG Cooperative Service. Regarding Debarment, Suspension, and funding announcement located at http:// [FR Doc. 2020–14286 Filed 7–1–20; 8:45 am] Other Responsibility Matters-Primary www.grants.gov. You may also contact BILLING CODE 3410–XY–P Covered Transactions.’’ National Office Program Management • Form AD–1048, ‘‘Certification Division: RCDG Program Lead, Regarding Debarment, Suspension, [email protected] or call the main Ineligibility and Voluntary Exclusion- COMMISSION ON CIVIL RIGHTS line at 202–720–1400. Lower Tier Covered Transactions’’ if applicable. H. Nondiscrimination Statement Notice of Public Meeting of the Oregon • Form AD–1049, ‘‘Certification Advisory Committee In accordance with Federal civil Regarding Drug-Free Workplace AGENCY: U.S. Commission on Civil Requirements (Grants).’’ rights law and U.S. Department of Rights • Form AD–3031, ‘‘Assurance Agriculture (USDA) civil rights ACTION: Announcement of meeting. Regarding Felony Conviction or Tax regulations and policies, the USDA, its Delinquent Status for Corporate Agencies, offices, and employees, and SUMMARY: Notice is hereby given, Applicants.’’ Must be signed by institutions participating in or pursuant to the provisions of the rules corporate applicants who receive an administering USDA programs are and regulations of the U.S. Commission award under this Notice. Institutions of prohibited from discriminating based on on Civil Rights (Commission) and the Higher Education do not need to submit race, color, national origin, religion, sex, Federal Advisory Committee Act this form. gender identity (including gender (FACA) that the meeting of the Oregon 3. Reporting expression), sexual orientation, Advisory Committee (Committee) to the disability, age, marital status, family/ Commission will be held at 4:30 p.m. After grant approval and through (Pacific Time) Thursday, July 2, 2020. grant completion, you will be required parental status, income derived from a public assistance program, political The purpose of the meeting will be to provide an SF–425, ‘‘Federal review and vote on their statement of Financial Report,’’ and a project beliefs, or reprisal or retaliation for prior civil rights activity, in any program or concern regarding police violence performance report on a semiannual against Black Americans in Oregon. basis (due 30 working days after end of activity conducted or funded by USDA (not all bases apply to all programs). DATES: The meeting will be held on the semiannual period). The project Thursday, July 2, 2020 at 4:30 p.m. PT. performance reports shall include the Remedies and complaint filing PUBLIC CALL INFORMATION: following: deadlines vary by program or incident. Dial: 800–367–2403. a. A comparison of actual Persons with disabilities who require Conference ID: 5797253. accomplishments to the objectives alternative means of communication for FOR FURTHER INFORMATION CONTACT: Ana established for that period; program information (e.g., Braille, large b. Reasons why established objectives Victoria Fortes, Designated Federal print, audiotape, American Sign Officer (DFO) at [email protected] or were not met, if applicable; Language, etc.) should contact the c. Reasons for any problems, delays, (202) 681–0857. responsible Agency or USDA’s TARGET or adverse conditions, if any, which SUPPLEMENTARY INFORMATION: This have affected or will affect attainment of Center at (202) 720–2600 (voice and meeting is available to the public overall project objectives, prevent TTY) or contact USDA through the through the following toll-free call-in meeting time schedules or objectives, or Federal Relay Service at (800) 877–8339. number: 800–367–2403, conference ID preclude the attainment of particular Additionally, program information may number: 5797253. Any interested objectives during established time be made available in languages other member of the public may call this periods. This disclosure shall be than English. number and listen to the meeting. accompanied by a statement of the To file a program discrimination Callers can expect to incur charges for action taken or planned to resolve the complaint, complete the USDA Program calls they initiate over wireless lines, situation; and Discrimination Complaint Form, AD– and the Commission will not refund any d. Objectives and timetable 3027, found online at How to File a incurred charges. Callers will incur no established for the next reporting Program Discrimination Complaint and charge for calls they initiate over land- line connections to the toll-free period. at any USDA office, or write a letter telephone number. Persons with hearing The grantee must provide a final addressed to USDA and provide in the project and financial status report impairments may also follow the letter all of the information requested in within 90 days after the expiration or proceedings by first calling the Federal the form. To request a copy of the termination of the grant with a summary Relay Service at 1–800–877–8339 and complaint form, call (866) 632–9992. of the project performance reports and providing the Service with the final deliverables in accordance to 2 Submit your completed form or letter to conference call number and conference CFR 200.343. USDA by: ID number. Members of the public are entitled to G. Agency Contacts (1) Mail: U.S. Department of Agriculture,Office of the Assistant make comments during the open period If you have questions about this Secretary for Civil Rights, 1400 at the end of the meeting. Members of Notice, please contact the appropriate Independence Avenue SW, the public may also submit written State Office at http://www.rd.usda.gov/ Washington, DC 20250–9410; comments; the comments must be contact-us/state-offices. Program received in the Regional Programs Unit guidance as well as application and (2) Fax: (202) 690–7442; or within 30 days following the meeting. matching funds templates may be (3) Email: [email protected]. Written comments may be mailed to the

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39880 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Western Regional Office, U.S. 6461 and conference call ID number: II. Welcome Commission on Civil Rights, 300 North 6813288. III. Project Planning —Discuss draft Committee report on Los Angeles Street, Suite 2010, Los FOR FURTHER INFORMATION CONTACT: Ivy Angeles, CA 90012. You may also email Davis at [email protected] or by phone at its civil rights project Ana Victoria Fortes at afortes@ 202–376–7533. IV. Other Business usccr.gov. V. Next Planning Meeting SUPPLEMENTARY INFORMATION: Records and documents discussed Interested VI. Public Comments during the meeting will be available for members of the public may listen to the VII. Adjourn discussion by calling the following toll- public viewing prior to and after the Dated: June 29, 2020. meetings at https:// free conference call-in number: 800– 353–6461 and conference call ID David Mussatt, www.facadatabase.gov/FACA/apex/ Supervisory Chief, Regional Programs Unit. FACAPublicCommittee?id= number: 6813288. Please be advised that a10t0000001gzlwAAA. Please click on before placing them into the conference [FR Doc. 2020–14324 Filed 7–1–20; 8:45 am] the ‘‘Committee Meetings’’ tab. Records call, the conference call operator will BILLING CODE 6335–01–P generated from these meetings may also ask callers to provide their names, their be inspected and reproduced at the organizational affiliations (if any), and Regional Programs Unit, as they become email addresses (so that callers may be DEPARTMENT OF COMMERCE available, both before and after the notified of future meetings). Callers can Foreign-Trade Zones Board meetings. Persons interested in the work expect to incur charges for calls they of this Committee are directed to the initiate over wireless lines, and the [B–42–2020] Commission’s website, https:// Commission will not refund any www.usccr.gov, or may contact the incurred charges. Callers will incur no Foreign-Trade Zone (FTZ) 219—San Regional Programs Unit at the above charge for calls they initiate over land- Luis, Arizona; Notification of Proposed email or street address. line connections to the toll-free Production Activity; Barco Stamping conference call-in number. Co., Inc. (Stamped Lighting Fixture Agenda Persons with hearing impairments Components); Yuma, Arizona I. Welcome may also follow the discussion by first II. Review Statement of Concern calling the Federal Relay Service at 1– The Greater Yuma Economic III. Public Comment 800–877–8339 and providing the Development Corporation, grantee of IV. Vote on Statement of Concern operator with the toll-free conference FTZ 219, submitted a notification of V. Adjournment call-in number: 800–353–6461 and proposed production activity to the FTZ Exceptional Circumstance: Pursuant conference call ID number: 6813288. Board on behalf of Barco Stamping Co., to 41 CFR 102–3.150, the notice for this Members of the public are invited to Inc. (Barco), located in Yuma, Arizona. meeting is given less than 15 calendar make brief statements during the Public The notification conforming to the days prior to the meeting because of the Comment section of the meeting or requirements of the regulations of the exceptional circumstances of the COVID submit written comments. The written FTZ Board (15 CFR 400.22) was crisis and DFO availability. comments must be received in the received on June 24, 2020. regional office approximately 30 days The grantee has submitted a separate Dated: June 26, 2020 after the scheduled meeting. Written application for FTZ designation at the David Mussatt, comments may be mailed to the Eastern company’s facility under FTZ 219. The Supervisory Chief, Regional Programs Unit. Regional Office, U.S. Commission on facility is used for the production of [FR Doc. 2020–14241 Filed 7–1–20; 8:45 am] Civil Rights, 1331 Pennsylvania stamped metal products. Pursuant to 15 BILLING CODE 6335–01–P Avenue, Suite 1150, Washington, DC CFR 400.14(b), FTZ activity would be 20425, or emailed to Corrine Sanders at limited to the specific foreign-status [email protected]. Persons who desire materials and components and specific COMMISSION ON CIVIL RIGHTS additional information may phone the finished products described in the Eastern Regional Office at (202) 376– submitted notification (as described Notice of Public Meeting of the 7533. below) and subsequently authorized by Pennsylvania Advisory Committee Records and documents discussed the FTZ Board. AGENCY: Commission on Civil Rights. during the meeting will be available for Production under FTZ procedures ACTION: Announcement of meeting. public viewing as they become available could exempt Barco from customs duty at: https://www.facadatabase.gov/ payments on the foreign-status SUMMARY: Notice is hereby given, FACA/FACAPublicViewCommittee components used in export production. pursuant to the provisions of the rules Details?id=a10t0000001gzjZAAQ; click On its domestic sales, for the foreign- and regulations of the U.S. Commission the ‘‘Meeting Details’’ and ‘‘Documents’’ status materials/components noted on Civil Rights (Commission), and the links. Records generated from this below, Barco would be able to choose Federal Advisory Committee Act meeting may also be inspected and the duty rates during customs entry (FACA) that a meeting of the reproduced at the Eastern Regional procedures that apply to the following Pennsylvania Advisory Committee to Office, as they become available, both stamped lighting fixture components: the Commission will convene by before and after the meeting. Persons Plates (driver mounting; top; back; wall conference call at 11:30 a.m. (ET) on interested in the work of this advisory mounting); pipe clamps; latches; end Tuesday, July 21, 2020. The purpose of committee are advised to go to the caps; trays (lighting; power); bird the project planning meeting is to Commission’s website, www.usccr.gov, guards; brackets (Romex®; wall pole discuss the Committee’s draft report on or to contact the Eastern Regional Office mount; for aluminum frame (hinge; its civil rights project titled, School at the above phone number, email or latch); emergency battery; hanger bar; Discipline and the School-to-Prison street address. heat sink interface; socket; torsion Pipeline in PA. spring); can blanks; covers (arm; driver); Public Call-In Information: Agenda: Tuesday, July 21, 2020 heatsink base mounting surfaces; Conference call-in number: 800–353– I. Rollcall heatsinks; bracket junction boxes; can

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39881

tops; doubler panels; hanger bars; of Directors (Board) of the Corporation retail sector, or in associations hanger bar carriers; housings; junction for Travel Promotion (doing business as representing that sector; boxes and related components Brand USA). The purpose of the Board (B) 1 shall have appropriate expertise (assemblies; covers; supports; voltage is to guide the Corporation for Travel and experience as an official of a State dividers); plaster frames; collars; and, Promotion on matters relating to the tourism office; and trim rings (duty rate—6%). Barco would promotion of the United States as a (C) 1 shall have appropriate expertise be able to avoid duty on foreign-status travel destination and communication and experience in the travel distribution components which become scrap/waste. of travel facilitation issues, among other services sector. Customs duties also could possibly be tasks. To be eligible for Board membership, individuals must have international deferred or reduced on foreign-status DATES: All applications must be travel and tourism marketing production equipment. received by the National Travel and The components and materials experience, be a current or former chief Tourism Office by close of business on executive officer, chief financial officer, sourced from abroad include flat rolled Friday July 31, 2020. aluminum alloy coil, zinc coated flat or chief marketing officer or have held ADDRESSES: Please submit application rolled galvanized steel coil, flat rolled an equivalent management position. information by email to CTPBoard@ cold rolled steel coil, and galvanized Additional consideration will be given trade.gov. steel roll (duty rate ranges from duty- to individuals who have experience free to 3%). The request indicates that FOR FURTHER INFORMATION CONTACT: Julie working in U.S. multinational entities certain materials/components are Heizer, National Travel and Tourism with marketing budgets, and/or who are subject to duties under Section 232 of Office, U.S. Department of Commerce; audit committee financial experts as the Trade Expansion Act of 1962 telephone: 202–482–0140; email: defined by the Securities and Exchange (Section 232) or Section 301 of the [email protected]. Commission (in accordance with 15 U.S.C. 7265). Individuals must be U.S. Trade Act of 1974 (Section 301), SUPPLEMENTARY INFORMATION: The citizens, and in addition, cannot be depending on the country of origin. The Travel Promotion Act of 2009 (TPA) was federally registered lobbyists or applicable Section 232 and Section 301 signed into law on March 4, 2010 and registered as a foreign agent under the decisions require subject merchandise was amended in July 2010, December Foreign Agents Registration Act of 1938, to be admitted to FTZs in privileged 2014, and again in December 2019. The foreign status (19 CFR 146.41). as amended. TPA established the Corporation for Those selected for the Board must be Public comment is invited from Travel Promotion (the Corporation), as a interested parties. Submissions shall be able to meet the time and effort non-profit corporation charged with the commitments of the Board. addressed to the Board’s Executive development and execution of a plan to Secretary and sent to: [email protected]. The Board members serve at the discretion (A) provide useful information to those of the Secretary of Commerce (who may closing period for their receipt is August interested in traveling to the United 11, 2020. remove any member of the Board for States; (B) identify and address good cause). The terms of office of each A copy of the notification will be perceptions regarding U.S. entry available for public inspection in the member of the Board appointed by the policies; (C) maximize economic and Secretary shall be three (3) years. Board ‘‘Reading Room’’ section of the Board’s diplomatic benefits of travel to the website, which is accessible via members can serve a maximum of two United States through the use of various consecutive full three-year terms. Board www.trade.gov/ftz. promotional tools; (D) ensure that For further information, contact members are not considered Federal international travel benefits all States, government employees by virtue of their Juanita Chen at [email protected] territories of the United States, and the or 202–482–1378. service as a member of the Board and District of Columbia; (E) identify will receive no compensation from the Dated: June 29, 2020. opportunities to promote tourism to Federal government for their Elizabeth Whiteman, rural and urban areas equally, including participation in Board activities. Acting Executive Secretary. areas not traditionally visited by Members participating in Board [FR Doc. 2020–14335 Filed 7–1–20; 8:45 am] international travelers; and (F) give meetings and events may be paid actual BILLING CODE 3510–DS–P priority to countries and populations travel expenses and per diem by the most likely to travel to the United Corporation when away from their usual States. places of residence. DEPARTMENT OF COMMERCE The Corporation is governed by a Individuals who want to be Board of Directors, consisting of 11 considered for appointment to the Board International Trade Administration members with knowledge of should submit the following international travel promotion or information by the Friday July 31, 2020 Corporation for Travel Promotion marketing, broadly representing various deadline to the email address listed in Board of Directors regions of the United States. The TPA the ADDRESSES section above: AGENCY: International Trade directs the Secretary of Commerce (after 1. Name, title, and personal resume of Administration, U.S. Department of consultation with the Secretary of the individual requesting consideration, Commerce. Homeland Security and the Secretary of including address, email address, and ACTION: Notice of an opportunity for State) to appoint the Board of Directors phone number. travel and tourism industry leaders to for the Corporation. 2. A brief statement of why the person apply for membership on the Board of At this time, the Department will be should be considered for appointment Directors of the Corporation for Travel selecting three individuals with the to the Board. This statement should also Promotion. appropriate expertise and experience address the individual’s relevant from specific sectors of the travel and international travel and tourism SUMMARY: The Department of Commerce tourism industry to serve on the Board marketing experience and audit is currently seeking applications from as follows: committee financial expertise, if any, travel and tourism leaders from specific (A) 1 shall have appropriate expertise and indicate clearly the sector or sectors industries for membership on the Board and experience in the small business or enumerated above in which the

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39882 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

individual has the requisite expertise 10, 2020, pursuant to a request from Notification to Importers and experience. Individuals who have Pacific Accelerator Limited (PAL) and This notice serves as the only the requisite expertise and experience in its affiliate Chongqing Changyuan reminder to importers whose entries 2 more than one sector can be appointed Group Limited (Changyuan), will be liquidated as a result of this for only one of those sectors. Commerce initiated an administrative rescission notice of their responsibility Appointments of members to the Board review with respect to PAL and under 19 CFR 351.402(f)(2) to file a will be made by the Secretary of Changyuan, in accordance with section certificate regarding the reimbursement Commerce. 751(a) of the Tariff Act of 1930, as of antidumping duties prior to 3. An affirmative statement that the amended (the Act), and 19 CFR 3 liquidation of the relevant entries applicant is a U.S. citizen, is not a 351.213(b). On June 9, 2020, PAL and during this review period. Failure to federally-registered lobbyist and further, Changyuan timely withdrew their 4 comply with this requirement could is not required to register as a foreign request for an administrative review. result in the presumption that agent under the Foreign Agents No other party requested an reimbursement of the antidumping Registration Act of 1938, as amended. administrative review of these duties occurred and the subsequent companies. 4. If applicable, a statement assessment of double antidumping acknowledging that the applicant is an Rescission of Review duties. audit committee financial expert as defined by the Securities and Exchange Pursuant to 19 CFR 351.213(d)(1), Notification Regarding Administrative Commission (in accordance with 15 Commerce will rescind an Protective Order administrative review, in whole or in U.S.C. 7265). This notice also serves as the only part, if the party that requested the reminder to parties subject to Dated: June 26, 2020. review withdraws its request within 90 administrative protective order (APO) of Julie Heizer, days of the publication date of the their responsibility concerning the Deputy Director,National Travel and Tourism notice of initiation. PAL and Changyuan disposition of proprietary information Office. timely withdrew their review request. disclosed under APO in accordance [FR Doc. 2020–14250 Filed 7–1–20; 8:45 am] No other party requested an with 19 CFR 351.305(a)(3). Timely BILLING CODE 3510–DR–P administrative review of the order for this POR. Therefore, in accordance with written notification of the return or 19 CFR 351.213(d)(1), we are rescinding destruction of APO materials or DEPARTMENT OF COMMERCE this review in its entirety. conversion to judicial protective order is hereby requested. Failure to comply International Trade Administration Assessment with the regulations and terms of an APO is a sanctionable violation. [A–570–001] Commerce will instruct U.S. Customs and Border Protection (CBP) to assess Notification to Interested Parties Potassium Permanganate From the antidumping duties on all appropriate People’s Republic of China: entries of potassium permanganate from This notice is issued and published in Rescission of Antidumping Duty China during the POR. Antidumping accordance with sections 751 and Administrative Review; 2019 duties shall be assessed at rates equal to 777(i)(1) of the Act and 19 CFR the cash deposit rate of estimated 351.213(d)(4). AGENCY: Enforcement and Compliance, antidumping duties required at the time Dated: June 26, 2020. International Trade Administration, of entry, or withdrawal from warehouse, James Maeder, Department of Commerce. for consumption, in accordance with 19 Deputy Assistant Secretary for Antidumping SUMMARY: The Department of Commerce CFR 351.212(c)(1)(i). Commerce intends and Countervailing Duty Operations. (Commerce) is rescinding the to issue appropriate assessment [FR Doc. 2020–14320 Filed 7–1–20; 8:45 am] administrative review of the instructions to CBP 15 days after BILLING CODE 3510–DS–P antidumping duty order on potassium publication of this notice in the Federal permanganate from the People’s Register. Republic of China (China) for the period DEPARTMENT OF COMMERCE of review (POR) January 1, 2019 through to Request Administrative Review, 85 FR 64 December 31, 2019. (January 2, 2020). International Trade Administration 2 See PAL and Changyuan’s Letter, ‘‘Request for DATES: Applicable July 2, 2020. Administrative Review of the Antidumping Duty U.S. Travel and Tourism Advisory FOR FURTHER INFORMATION CONTACT: Order on Potassium Permanganate from the Board Annathea Cook, AD/CVD Operations, People’s Republic of China,’’ dated January 31, 2020. In this letter, Changyuan referred to the AGENCY Office V, Enforcement and Compliance, company as ‘‘Chongqing Changyuan Group Ltd : International Trade International Trade Administration, (Chongqing Changyuan Chemical Corp Ltd).’’ Administration, U.S. Department of U.S. Department of Commerce, 1401 3 See Initiation of Antidumping and Commerce. Constitution Avenue NW, Washington, Countervailing Duty Administrative Reviews, 85 FR ACTION: Notice of an Opportunity to 13860 (March 10, 2020) (Initiation Notice). In this DC 20230; telephone: (202) 482–0250. notice, we also referred to Changyuan as Apply for Membership on the United SUPPLEMENTARY INFORMATION: ‘‘Chongqing Changyuan Group Ltd (Chongqing States Travel and Tourism Advisory Changyuan Chemical Corp Ltd).’’ Board. Background 4 See PAL and Changyuan’s Letter, ‘‘Withdrawal On January 2, 2020, Commerce of Review Request of Antidumping Duty Order on SUMMARY: The Department of Commerce Potassium Permanganate from the People’s is currently seeking applications for published a notice of opportunity to Republic of China (A–570–001),’’ dated June 9, request an administrative review of the 2020. This withdrawal request was timely because membership on the United States Travel antidumping duty order on potassium Commerce tolled all deadlines in administrative and Tourism Advisory Board (Board). permanganate from China.1 On March reviews by 50 days. See Memorandum, ‘‘Tolling of The purpose of the Board is to advise Deadlines for Antidumping and Countervailing the Secretary of Commerce on matters Duty Administrative Reviews in Response to 1 See Antidumping or Countervailing Duty Order, Operational Adjustments Due to COVID–19,’’ dated relating to the U.S. travel and tourism Finding, or Suspended Investigation; Opportunity April 24, 2020. industry.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39883

DATES: Applications for immediate purposes, a U.S. entity is a tourism- control of the organization, including consideration for membership must be related entity that can demonstrate U.S. the governing structure, members, and received by the National Travel and ownership or control, including but not revenue sources as appropriate, Tourism Office by 5:00 p.m. Eastern limited to state and local tourism signifying compliance with the criteria Daylight Time (EDT) on Friday, July 10, marketing entities, state government set forth above. 2020. The International Trade tourism offices, state and/or local 7. If the applicant is to represent a Administration (ITA) will continue to government-supported tourism tourism-related entity, the functions and accept applications under this notice for marketing entities, and multi-state responsibilities of the entity, and two years from the deadline to fill any tourism marketing entities. information regarding the entity’s U.S. vacancies. Members of the Board will be selected ownership or control, signifying ADDRESSES: Please submit application in accordance with applicable compliance with the criteria set forth information by email to TTAB@ Department of Commerce guidelines above. trade.gov. based on their ability to carry out the 8. The company’s, organization’s, or objectives of the Board as set forth in the entity’s size, product or service line and FOR FURTHER INFORMATION CONTACT: Board’s charter and in a manner that major markets in which the company, Jennifer Aguinaga, National Travel and ensures that the Board is balanced in organization, or entity operates. Tourism Office, U.S. Department of terms of geographic diversity, diversity 9. A brief statement describing how Commerce; telephone: 202–482–2404; in size of company or organization to be the applicant will contribute to the work email: [email protected]. represented, and representation of a of the Board based on his or her unique SUPPLEMENTARY INFORMATION: The broad range of services in the travel and experience and perspective (not to United States Travel and Tourism tourism industry. Each member shall exceed 100 words). Advisory Board (Board) is established serve for two years from the date of the under 15 U.S.C. 1512 and under the Jennifer Aguinaga, appointment and at the pleasure of the Federal Advisory Committee Act, as Designated Federal Officer, National Travel Secretary of Commerce. and Tourism Office. amended, 5 U.S.C. App. (FACA). The Members serve in a representative [FR Doc. 2020–14287 Filed 7–1–20; 8:45 am] Board advises the Secretary of capacity, representing the views and Commerce on government policies and interests of their particular business BILLING CODE 3510–DR–P programs that affect the U.S. travel and sector, and not as Special Government tourism industry. The Board acts as a employees. Members will receive no DEPARTMENT OF COMMERCE liaison to the stakeholders represented compensation for their participation in by the membership, consulting with Board activities. Members participating International Trade Administration them on current and emerging issues in in Board meetings and events will be the industry to support sustainable [C–570–052] responsible for their travel, living, and growth in travel and tourism. The National Travel and Tourism other personal expenses. Meetings will Hardwood Plywood Products From the Office is accepting applications for be held regularly and, to the extent People’s Republic of China: Board members. Members shall be Chief practical, not less than twice annually, Rescission of Countervailing Duty Executive Officers or senior executives usually in Washington, DC or virtually Administrative Review; 2019 from U.S. companies, U.S. via teleconference. To be considered for membership, AGENCY: Enforcement and Compliance, organizations, or U.S. entities in the please provide the following International Trade Administration, travel and tourism sectors representing information to the address listed in the Department of Commerce. a broad range of products and services, ADDRESSES section: SUMMARY: The Department of Commerce company sizes, and geographic 1. The name and title of the (Commerce) is rescinding the locations. For eligibility purposes, a individual requesting consideration. administrative review of the ‘‘U.S. company’’ is a for-profit firm that 2. A sponsor letter from the applicant countervailing duty order on hardwood is incorporated in the United States (or on his or her company/organization/ plywood products from the People’s an unincorporated U.S. firm with its entity letterhead or, if the applicant is Republic of China (China) for the period principal place of business in the to represent a company/organization/ of review (POR) January 1, 2019 through United States) that is controlled by U.S. entity other than his or her employer, a December 31, 2019. citizens or by other U.S. companies. A letter from the company/organization/ DATES: Applicable July 2, 2020. company is not a U.S. company if 50 entity to be represented, containing a FOR FURTHER INFORMATION CONTACT: percent plus one share of its stock (if a brief statement of why the applicant corporation, or a similar ownership Annathea Cook, AD/CVD Operations, should be considered for membership Office V, Enforcement and Compliance, interest of an unincorporated entity) is on the Board. This sponsor letter should known to be controlled, directly or International Trade Administration, also address the applicant’s travel and U.S. Department of Commerce, 1401 indirectly, by non-U.S. citizens or non- tourism-related experience. U.S. companies. For eligibility Constitution Avenue NW, Washington, 3. The applicant’s personal resume. DC 20230; telephone: (202) 482–0250. purposes, a ‘‘U.S. organization’’ is an 4. An affirmative statement that the SUPPLEMENTARY INFORMATION: organization, including trade applicant is not required to register as associations and nongovernmental a foreign agent under the Foreign Agents Background organizations (NGOs), established under Registration Act of 1938, as amended. On January 2, 2020, Commerce the laws of the United States, that is 5. If the applicant is to represent a published a notice of opportunity to controlled by U.S. citizens, by another company, information regarding the request an administrative review of the U.S. organization (or organizations), or control of the company, including the countervailing duty order on hardwood by a U.S. company (or companies), as stock holdings as appropriate, signifying plywood products from China.1 On determined based on its board of compliance with the criteria set forth directors (or comparable governing above. 1 See Antidumping or Countervailing Duty Order, body), membership, and funding 6. If the applicant is to represent an Finding, or Suspended Investigation; Opportunity sources, as applicable. For eligibility organization, information regarding the Continued

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39884 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

March 10, 2020, pursuant to a request during this POR. Failure to comply with Background 2 from interested parties, Commerce this requirement could result in the On July 15, 2019, Commerce initiated initiated an administrative review with presumption that reimbursement of the an administrative review of the respect to 40 companies, in accordance countervailing duties occurred and the antidumping duty order on steel nails with section 751(a) of the Tariff Act of subsequent assessment of double from the UAE in accordance with 1930, as amended (the Act), and 19 CFR countervailing duties. section 751(a) of the Tariff Act of 1930, 351.213(b).3 On May 7, 2020, all as amended (the Act).1 This review interested parties that requested an Notification Regarding Administrative covers one producer/exporter of the administrative review timely withdrew Protective Order subject merchandise: Middle East their requests.4 No other party requested This notice also serves as the only Manufacturing Steel LLC (MEM). For an administrative review of these reminder to parties subject to details regarding the events that companies. administrative protective order (APO) of occurred subsequent to the initiation of their responsibility concerning the Rescission of Review the review, see the Preliminary Decision disposition of proprietary information Memorandum.2 Pursuant to 19 CFR 351.213(d)(1), disclosed under APO in accordance Pursuant to section 751(a)(3)(A) of the Commerce will rescind an with 19 CFR 351.305(a)(3). Timely Act, Commerce determined that it was administrative review, in whole or in written notification of the return or not practicable to complete the part, if the party that requested the destruction of APO materials or preliminary results of this review within review withdraws its request within 90 conversion to judicial protective order is 245 days and extended the deadline for days of the publication date of the hereby requested. Failure to comply issuance of the preliminary results by notice of initiation. All interested with the regulations and terms of an 119 days, until May 29, 2020.3 On April parties timely withdrew their review APO is a sanctionable violation. requests within 90 days of the 24, 2020, Commerce tolled the publication date of the Initiation Notice. Notification to Interested Parties deadlines in all ongoing administrative 4 No other party requested an This notice is issued and published in reviews by 50 days. administrative review of the order for accordance with sections 751(a)(1) and Scope of the Order this POR. Therefore, in accordance with 777(i)(1) of the Act and 19 CFR The products covered by this order 19 CFR 351.213(d)(1), we are rescinding 351.213(d)(4). this review in its entirety. are steel nails from the UAE. For a full Dated: June 22, 2020. description of the scope, see the Assessment James Maeder, Preliminary Decision Memorandum. Commerce will instruct U.S. Customs Deputy Assistant Secretary for Antidumping Methodology and Border Protection (CBP) to assess and Countervailing Duty Operations. countervailing duties on all appropriate [FR Doc. 2020–14334 Filed 7–1–20; 8:45 am] Commerce is conducting this review entries of hardwood plywood products BILLING CODE 3510–DS–P in accordance with section 751(a) of the from China. Countervailing duties shall Act. Export price is calculated in be assessed at rates equal to the cash accordance with section 772 of the Act. deposit rate of estimated countervailing DEPARTMENT OF COMMERCE Normal value is calculated in duties required at the time of entry, or accordance with section 773 of the Act. withdrawal from warehouse, for International Trade Administration For a full description of the consumption, in accordance with 19 methodology underlying these CFR 351.212(c)(1)(i). Commerce intends [A–520–804] preliminary results, see the Preliminary to issue appropriate assessment Decision Memorandum. A list of topics Certain Steel Nails From the United instructions to CBP 15 days after included in the Preliminary Decision Arab Emirates: Preliminary Results of publication of this notice in the Federal Memorandum is included as an Antidumping Duty Administrative Register. appendix to this notice. The Preliminary Review; 2018–2019

Notification To Importers 1 AGENCY: Enforcement and Compliance, See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR This notice serves as the only International Trade Administration, reminder to importers whose entries 33739 (July 15, 2019). U.S. Department of Commerce. 2 See Memorandum, ‘‘Decision Memorandum for will be liquidated as a result of this the Preliminary Results of the Administrative rescission notice, of their responsibility SUMMARY: The Department of Commerce (Commerce) preliminarily finds that Review of the Antidumping Duty Order on Certain under 19 CFR 351.402(f)(2) to file a Steel Nails from the United Arab Emirates; 2018– certificate regarding the reimbursement sales of certain steel nails (steel nails) 2019,’’ dated concurrently with, and hereby of countervailing duties prior to from the United Arab Emirates (UAE) adopted by, this notice (Preliminary Decision Memorandum). liquidation of the relevant entries were made at less than normal value during the period of review (POR) May 3 See Memorandum, ‘‘Antidumping Duty Administrative Review of Certain Steel Nails from to Request Administrative Review, 85 FR 64 1, 2018 through April 30, 2019. We the United Arab Emirates: Extension of Deadline for (January 2, 2020). invite interested parties to comment on Preliminary Results of Antidumping Duty 2 Commerce received a request for review from 40 these preliminary results. Administrative Review,’’ dated January 21, 2020. exporters/producers (collectively, Interested 4 DATES: See Memorandum, ‘‘Tolling of Deadlines for Parties). See Interested Parties’ Letter, ‘‘Hardwood Applicable July 2, 2020. Antidumping and Countervailing Duty Plywood Products from the People’s Republic of FOR FURTHER INFORMATION CONTACT: Administrative Reviews in Response to Operational China: Request for Administrative Review,’’ dated Matthew Renkey, AD/CVD Operations, Adjustments Due to COVID–19,’’ dated April 24, January 31, 2020. 2020. Because the 50-day extension would result in 3 See Initiation of Antidumping and Office V, Enforcement and Compliance, the signature date being on July 18, 2020, a Countervailing Duty Administrative Reviews, 85 FR International Trade Administration, Saturday, the deadline moves to the next business 13860 (March 10, 2020) (Initiation Notice). U.S. Department of Commerce, 1401 day, Monday, July 20, 2020. See Notice of 4 See Interested Parties’ Letter, ‘‘Hardwood Constitution Avenue NW, Washington, Clarification: Application of ‘‘Next Business Day’’ Plywood Products from the People’s Republic of DC 20230; telephone: (202) 482–2312. Rule for Administrative Determination Deadlines China: Withdrawal of Review Request for Pursuant to the Tariff Act of 1930, As Amended, 70 Administrative Review,’’ dated May 7, 2020. SUPPLEMENTARY INFORMATION: FR 24533 (May 10, 2005).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39885

Decision Memorandum is a public did not know that the merchandise was submit case briefs or rebuttal briefs in document and is made available to the destined for the United States, we will this proceeding are encouraged to public via Enforcement and instruct CBP to liquidate those entries at submit with each argument: (1) A Compliance’s Antidumping and the all-others rate if there is no rate for statement of the issue, (2) a brief Countervailing Duty Centralized the intermediate company(ies) involved summary of the argument, and (3) a Electronic Service System (ACCESS). in the transaction.6 table of authorities.10 Case and rebuttal ACCESS is available to registered users We intend to issue liquidation briefs should be filed using ACCESS 11 at https://access.trade.gov. In addition, a instructions to CBP 15 days after and must be served on interested complete version of the Preliminary publication of the final results of this parties.12 Executive summaries should Decision Memorandum is available at review. be limited to five pages total, including http://enforcement.trade.gov/frn/. The Cash Deposit Requirements footnotes. Note that Commerce has signed and electronic versions of the modified certain of its requirements for Preliminary Decision Memorandum are The following cash deposit serving documents containing business identical in content. requirements will be effective for all proprietary information, until July 17, shipments of the subject merchandise 2020, unless extended.13 Preliminary Results of the Review entered, or withdrawn from warehouse, Pursuant to 19 CFR 351.310(c), We preliminarily determine that the for consumption on or after the interested parties who wish to request a following weighted-average dumping publication date of the finals results of hearing must submit a written request to margin exists for the respondent for the this administrative review, as provided the Assistant Secretary for Enforcement period May 1, 2018 through April 30, by section 751(a)(2)(C) of the Act: (1) and Compliance, filed electronically via 2019: The cash deposit rate for MEM will be equal to the weighted-average dumping ACCESS. An electronically filed Weighted- margin established in the final results of document must be received successfully average this administrative review; (2) for in its entirety by Commerce’s electronic Exporter/producer dumping previously reviewed or investigated records system, ACCESS, by 5:00 p.m. margin Eastern Time within 30 days after the (percent) companies not participating in this review, the cash deposit rate will date of publication of this notice. Middle East Manufacturing Steel continue to be the company-specific Requests should contain: (1) The party’s LLC ...... 27.28 rates published for the most recently- name, address, and telephone number; completed segment of this proceeding in (2) the number of participants; and (3) Assessment Rates which they were reviewed; (3) if the a list of issues to be discussed. Issues raised in the hearing will be limited to Upon completion of this exporter is not a firm covered by this those raised in the respective case and administrative review, Commerce shall review, a prior review, or the original rebuttal briefs. Unless otherwise determine, and U.S. Customs and investigation but the producer is, then extended, Commerce intends to issue Border Protection (CBP) shall assess, the cash deposit rate will be the rate the final results of this administrative antidumping duties on all appropriate established for the most recently review, including the results of its entries. If MEM’s weighted-average completed segment of this proceeding dumping margin is not zero or de for the producer of the merchandise; (4) analysis of the issues raised in any minimis (i.e., less than 0.5 percent) in the cash deposit rate for all other written briefs, not later than 120 days the final results of this review, we will producers or exporters will continue to after the date of publication of this calculate importer-specific ad valorem be 4.30 percent,7 the all-others rate notice, pursuant to section 751(a)(3)(A) antidumping duty assessment rates established in the less-than-fair-value of the Act and 19 CFR 351.213(h)(1). based on the ratio of the total amount of investigation. These cash deposit Notification to Importers dumping calculated for the importer’s requirements, when imposed, shall examined sales to the total entered remain in effect until further notice. This notice also serves as a reminder to importers of their responsibility value of those same sales in accordance Disclosure and Public Comment with 19 CFR 351.212(b)(1). We intend to under 19 CFR 351.402(f)(2) to file a instruct CBP to assess antidumping We intend to disclose the calculations certificate regarding the reimbursement duties on all appropriate entries covered performed to parties within five days of antidumping duties prior to by this review where the importer- after public announcement of the liquidation of the relevant entries specific assessment rate calculated in preliminary results.8 Pursuant to 19 CFR during this POR. Failure to comply with the final results of this review is not 351.309(c), interested parties may this requirement could result in zero or de minimis. If MEM’s weighted- submit case briefs no later than 30 days Commerce’s presumption that average dumping margin is zero or de after the date of publication of this reimbursement of antidumping duties minimis, we will instruct CBP to notice. Rebuttal briefs, limited to issues occurred and the subsequent assessment liquidate the appropriate entries raised in the case briefs, may be filed of doubled antidumping duties. not later than seven days after the date without regard to antidumping duties. Notification to Interested Parties The final results of this review shall be for filing case briefs.9 Parties who the basis for the assessment of We are issuing and publishing these antidumping duties on entries of 6 For a full discussion of this practice, see results in accordance with sections Antidumping and Countervailing Duty Proceedings: merchandise covered by this review and Assessment of Antidumping Duties, 68 FR 23954 for future deposits of estimated duties, (May 6, 2003). (Temporary Rule) (‘‘To provide adequate time for where applicable.5 7 See Certain Steel Nails from the United Arab release of case briefs via ACCESS, E&C intends to In accordance with Commerce’s Emirates: Amended Final Determination of Sales at schedule the due date for all rebuttal briefs to be ‘‘automatic assessment’’ practice, for Less Than Fair Value and Antidumping Duty Order, 7 days after case briefs are filed (while these 77 FR 27421 (May 10, 2012). modifications are in effect).’’). entries of subject merchandise during 10 8 See 19 CFR 351.224(b). See 19 CFR 351.309(c)(2) and (d)(2). the POR produced by MEM where MEM 9 See 19 CFR 351.309(d); see also Temporary Rule 11 See generally 19 CFR 351.303. Modifying AD/CVD Service Requirements Due to 12 See 19 CFR 351.303(f). 5 See section 751(a)(2)(C) of the Act. COVID–19, 85 FR 17006 (March 26, 2020) 13 See Temporary Rule.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39886 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

751(a)(1) and 777(i)(1) of the Act, and 19 SUPPLEMENTARY INFORMATION: they are deemed essential to facilitate CFR 351.221(b)(4). Coonamessett Farm Foundation (CFF) completion of the proposed research Dated: June 25, 2020. submitted a complete application for an and have minimal impacts that do not Exempted Fishing Permit (EFP) on April Jeffrey I. Kessler, change the scope or impact of the 28, 2020, that would allow gear research initially approved EFP request. Any Assistant Secretary for Enforcement and to be conducted by vessels on Compliance. fishing activity conducted outside the compensation fishing trips associated scope of the exempted fishing activity Appendix with projects funded by the 2020 would be prohibited. List of Topics Discussed in the Preliminary Scallop Research Set-Aside (RSA) Authority: 16 U.S.C. 1801 et seq. Decision Memorandum Program. The exemptions would allow 20 participating commercial fishing Dated: June 29, 2020. I. Summary He´le`ne M.N. Scalliet, II. Background vessels to exceed the crew size Acting Director, Office of Sustainable III. Scope of the Order regulations at 50 CFR 648.51(c) to place Fisheries, National Marine Fisheries Service. IV. Discussion of the Methodology a researcher on the vessel and V. Assessment for MEM’S U.S. Sales and temporarily exempt the participating [FR Doc. 2020–14306 Filed 7–1–20; 8:45 am] Entries of Subject Merchandise vessels from possession limits and BILLING CODE 3510–22–P VI. Currency Conversion minimum size requirements specified in VII. Recommendation 50 CFR part 648, subparts B and D [FR Doc. 2020–14319 Filed 7–1–20; 8:45 am] through O, for biological sampling DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P purposes. Any fishing activity conducted outside the scope of the National Oceanic and Atmospheric exempted fishing activity would be Administration DEPARTMENT OF COMMERCE prohibited, including landing fish in [RTID 0648–XA262] excess of a possession limit or below the National Oceanic and Atmospheric minimum size. New England Fishery Management Administration Experimental fishing activity would Council; Public Meeting test a one-way extended link dredge [RTID 0648–XX061] gear modification to reduce flatfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Magnuson-Stevens Act Provisions; bycatch and catch of pre-recruit scallops in the scallop dredge fishery. Any Atmospheric Administration (NOAA), General Provisions for Domestic Commerce. Fisheries; Application for Exempted modification would comply with ACTION: Notice of public meeting via Fishing Permits existing scallop gear regulations. All trips would take place in scallop open webinar. AGENCY: National Marine Fisheries access areas of southern New England Service (NMFS), National Oceanic and and scallop fishing areas open to scallop SUMMARY: The New England Fishery Atmospheric Administration (NOAA), RSA compensation fishing. Management Council (Council) is Commerce. The exemption from crew size limits scheduling a joint public meeting of its Ecosystem-Based Fishery Management ACTION: Notice; request for comments. is needed because a research technician would accompany vessels on the (EBFM) Committee via webinar to SUMMARY: The Assistant Regional compensation fishing trips to collect consider actions affecting New England Administrator for Sustainable Fisheries, catch data associated with the dredge fisheries in the exclusive economic zone Greater Atlantic Region, NMFS, has modifications. The crew size exemption (EEZ). Recommendations from this made a preliminary determination that would be for approximately 120 days-at- group will be brought to the full Council an Exempted Fishing Permit application sea and must be used in conjunction for formal consideration and action, if contains all of the required information with a valid compensation fishing letter appropriate. and warrants further consideration. The of authorization. The technician would DATES: This webinar will be held on Exempted Fishing Permit would allow only engage in data collection activities Thursday, July 16, 2020 at 9.30 a.m. commercial fishing vessels to fish and would not process catch to be Webinar registration URL information: outside of scallop regulations in support landed for sale. Exemption from https://attendee.gotowebinar.com/ of research conducted by the possession limit and minimum sizes register/3710429939133088527. would support catch sampling activities Coonamessett Farm Foundation. ADDRESSES: The meeting will be held Regulations under the Magnuson- and ensure the vessel is not in conflict with possession regulations while via webinar. Stevens Fishery Conservation and Council address: New England Management Act require publication of collecting catch data. All catch above a possession limit or below a minimum Fishery Management Council, 50 Water this notification to provide interested Street, Mill 2, Newburyport, MA 01950. parties the opportunity to comment on size would be discarded as soon as FOR FURTHER INFORMATION CONTACT: applications for proposed Exempted possible following data collection. The Thomas A. Nies, Executive Director, Fishing Permits. proposed gear modifications are not expected to increase catch above typical New England Fishery Management DATES: Comments must be received on commercial fishing practices and gears. Council; telephone: (978) 465–0492. or before July 17, 2020. All research trips would otherwise be SUPPLEMENTARY INFORMATION: ADDRESSES: You may submit written consistent with normal commercial Agenda comments by email to nmfs.gar.efp@ fishing activity and catch would be noaa.gov. Include in the subject line retained for sale. The Ecosystem-Based Fishery ‘‘CFF Compensation Fishing Gear If approved, the applicant may Management (EBFM) Committee will Research EFP.’’ request minor modifications and receive, review, and provide feedback FOR FURTHER INFORMATION CONTACT: extensions to the EFP throughout the on additional public outreach materials Shannah Jaburek, Fisheries Management year. EFP modifications and extensions prepared by Green Fin Studio. The Specialist, 978–282–8456. may be granted without further notice if Committee will receive a draft plain

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39887

language document on a worked group will be brought to the full Council of the recording is available upon example based on the Hydra operating for formal consideration and action, if request. model. They will also discuss and appropriate. Special Accommodations provide guidance on the framework and DATES: This webinar will be held on focus of public outreach workshops to This meeting is physically accessible Thursday, July 16, 2020, from 4 p.m. to to people with disabilities. Requests for be conducted during October to 6 p.m. December. Other business will be sign language interpretation or other discussed as necessary ADDRESSES: All meeting participants auxiliary aids should be directed to Although non-emergency issues not and interested parties can register to Thomas A. Nies, Executive Director, at contained on the agenda may come join the webinar for the July 16 webinar: (978) 465–0492, at least 5 days prior to before this Council for discussion, those https://attendee.gotowebinar.com/ the meeting date. register/7740866831961614094 issues may not be the subject of formal Authority: 16 U.S.C. 1801 et seq. action during this meeting. Council Council address: New England Dated: June 29, 2020. action will be restricted to those issues Fishery Management Council, 50 Water specifically listed in this notice and any Street, Mill 2, Newburyport, MA 01950. Rey Israel Marquez, issues arising after publication of this Meeting addresses: The meeting will Acting Deputy Director, Office of Sustainable notice that require emergency action be held via webinar INFORMATION. Fisheries, National Marine Fisheries Service. under section 305(c) of the Magnuson- FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–14309 Filed 7–1–20; 8:45 am] Stevens Act, provided the public has Thomas A. Nies, Executive Director, BILLING CODE 3510–22–P been notified of the Council’s intent to New England Fishery Management take final action to address the Council; telephone: (978) 465–0492. DEPARTMENT OF COMMERCE emergency. The public also should be SUPPLEMENTARY INFORMATION: aware that the meeting will be recorded. Public comments: Mail to Thomas A. National Oceanic and Atmospheric Consistent with 16 U.S.C. 1852, a copy Nies, Executive Director, New England Administration of the recording is available upon Fishery Management Council, 50 Water [RTID 0648–XA256] request. Street, Mill #2, Newburyport, MA Special Accommodations 01950. Mark the outside of the envelope Mid-Atlantic Fishery Management ‘‘DEIS for Amendment 23 to the Council (MAFMC); Public Meeting This meeting is physically accessible Northeast Multispecies FMP’’. to people with disabilities. Requests for Comments may also be sent via fax to AGENCY: National Marine Fisheries sign language interpretation or other (978) 465–3116 or submitted via email Service (NMFS), National Oceanic and auxiliary aids should be directed to to [email protected] with ‘‘DEIS for Atmospheric Administration (NOAA), Thomas A. Nies, Executive Director, at Amendment 23 to the Northeast Commerce. (978) 465–0492, at least 5 days prior to Multispecies FMP’’ in the subject line. ACTION: Notice of a public meeting. the meeting date. Agenda Authority: 16 U.S.C. 1801 et seq. SUMMARY: The Mid-Atlantic Fishery Management Council (Council) will Dated: June 29, 2020. Scheduling of hearings is ongoing due to the COVID–19 pandemic. Additional hold a public meeting of the Council. Rey Israel Marquez, hearings will be announced in a DATES: The meeting will be held Acting Deputy Director, Office of Sustainable separate notice. Council staff will brief Thursday, July 16, 2020, from 9 a.m. to Fisheries, National Marine Fisheries Service. the public on Draft Amendment 23 4 p.m. For agenda details, see [FR Doc. 2020–14308 Filed 7–1–20; 8:45 am] before receiving comments on the SUPPLEMENTARY INFORMATION. BILLING CODE 3510–22–P amendment. The hearing will begin ADDRESSES: Due to public health promptly at the time indicated above. If concerns related to the spread of DEPARTMENT OF COMMERCE all attendees who wish to do so have COVID–19 (coronavirus), the Mid- provided their comments prior to the Atlantic Fishery Management Council’s National Oceanic and Atmospheric end time indicated, the hearing may July meeting will be conducted by Administration conclude early. To the extent possible, webinar only. Please see the Council’s the Council may extend hearings website (www.mafmc.org) for log-in [RTID 0648–XA250] beyond the end time indicated above to procedures. accommodate all attendees who wish to Council address: Mid-Atlantic Fishery New England Fishery Management speak. Management Council, 800 N State St., Council; Public Meeting Although non-emergency issues not Suite 201, Dover, DE 19901; telephone: AGENCY: National Marine Fisheries contained on the agenda may come (302) 674–2331. Service (NMFS), National Oceanic and before this Council for discussion, those FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), issues may not be the subject of formal Christopher M. Moore, Ph.D. Executive Commerce. action during this meeting. Council Director, Mid-Atlantic Fishery ACTION: Notice of public hearings via action will be restricted to those issues Management Council; telephone: (302) webinar. specifically listed in this notice and any 526–5255. The Council’s website, issues arising after publication of this www.mafmc.org also has details on the SUMMARY: The New England Fishery notice that require emergency action proposed agenda, webinar connection, Management Council’s is convening a under section 305(c) of the Magnuson- and briefing materials. Public Hearing of Draft Amendment 23 Stevens Act, provided the public has SUPPLEMENTARY INFORMATION: to Northeast Multispecies Fishery been notified of the Council’s intent to Management Plan via webinar to take final action to address the Agenda: Thursday, July 16, 2020 consider actions affecting New England emergency. The public also should be The Mid-Atlantic Fishery fisheries in the exclusive economic zone aware that the meeting will be recorded. Management Council will meet via (EEZ). Recommendations from this Consistent with 16 U.S.C. 1852, a copy webinar on July 16, 2020 to review

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39888 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

alternatives, related analyses, for either insufficient usage or after July adopting, on a temporary basis, the Fast- Committee recommendations, and take 2, 2021. Track Appeals Pilot Program, under final action on the Mackerel, Squid, FOR FURTHER INFORMATION CONTACT: which an appellant may have any ex Butterfish FMP Goals/Objectives, and Steven Bartlett, Patent Trial and Appeal parte appeal to the PTAB accorded fast- Illex Permits Amendment. Details and Board, by telephone at 571–272–9797, track status by filing a petition briefing materials will be posted to or by email at fasttrackappeals@ accompanied by a fee. Under the Pilot https://www.mafmc.org/briefing/july- uspto.gov. Program, the PTAB will endeavor to 2020. issue a decision on an ex parte appeal SUPPLEMENTARY INFORMATION: within six months from the date the Special Accommodations Background appeal is entered into the program. The meeting is physically accessible Appeals to the PTAB are normally Currently, the average appeal pendency to people with disabilities. Requests for taken up for decision in the order in is about 15 months. See PTAB Statistics, sign language interpretation or other which they are docketed. See USPTO available at https://www.uspto.gov/ patents-application-process/patent- auxiliary aid should be directed to M. Standard Operating Procedure 1 (Sept. trial-and-appeal-board/statistics. Thus, Jan Saunders, (302) 526–5251, at least 5 20, 2018), available at https:// fast-track decisions on ex parte appeals days prior to the meeting date. www.uspto.gov/patents-application- under this Pilot Program may hasten (Authority: 16 U.S.C.1801 et seq.) process/patent-trial-and-appeal-board/ patentability determinations on new resources. However, a small number of Dated: June 29, 2020. inventions and the pace at which appeals are advanced out of turn due to Rey Israel Marquez, products or services embodying these a special status. For example, Acting Deputy Director,Office of Sustainable inventions are brought to the reexamination proceedings, which are Fisheries,National Marine Fisheries Service. marketplace, thus spurring follow-on handled by the USPTO with ‘‘special [FR Doc. 2020–14307 Filed 7–1–20; 8:45 am] innovation, economic growth, and job dispatch,’’ and reissue applications are BILLING CODE 3510–22–P creation. treated as special throughout their The Fast-Track Appeals Pilot Program pendency, including during appeal. See will accept petitions for advancing out DEPARTMENT OF COMMERCE Manual of Patent Examining Procedure of turn and according fast-track status to (MPEP) 708.01. Applications that have ex parte appeals for up to one year from Patent and Trademark Office been ‘‘made special’’ during the effective date of the program or until examination through a petition based on 500 appeals have been accorded fast- [Docket No. PTO–P–2020–0027] the age or health of an applicant, or for track status under the program, other reasons listed in 37 CFR 1.102 (a)– whichever occurs earlier. The threshold Fast-Track Appeals Pilot Program (d), also maintain their special status of 500 granted petitions corresponds to through any appeal. See MPEP 1203(II). approximately 8% of the total number AGENCY: United States Patent and Furthermore, for the same reasons, an of new appeals received in the average Trademark Office, Department of appellant may also petition the PTAB to Commerce. fiscal year and was chosen in have an application on appeal made accordance with maintaining the ACTION: Notice. special. See id. Currently, about 1.1% of PTAB’s overall decision pendency appeals are given a special status SUMMARY: The United States Patent and goals. through one of the above methods. The USPTO will evaluate the Pilot Trademark Office (USPTO) is initiating The America Invents Act created a the Fast-Track Appeals Pilot Program to Program at the conclusion of this one- mechanism for the prioritized year period or 500-appeal threshold to provide for the advancement of examination of patent applications, applications out of turn in ex parte determine if it should be made which permits an applicant to advance permanent. Likewise, the USPTO will appeals before the Patent Trial and an application out of turn (i.e., accord Appeal Board (PTAB). An appellant consider what changes, if any, would be special status) for examination by filing required to provide a sustainable who has filed an ex parte appeal and a request accompanied by the received a notice that the appeal has mechanism for some number of ex parte appropriate fees. See Changes to appeals to be advanced out of turn been docketed may file a petition, Implement the Prioritized Examination accompanied by a petition fee, to without adversely affecting the Track (Track I) of the Enhanced timeliness of providing decisions on the expedite the review of his or her appeal. Examination Timing Control Procedures The Fast-Track Appeals Pilot Program other appeals before the PTAB. Under the Leahy-Smith America Invents If the USPTO finds that the Fast-Track sets a target of reaching a decision on Act, 76 FR 59050 (Sept. 23, 2011) (Track Appeals Pilot Program adversely the ex parte appeal within six months I Notice). In view of the program’s impacts the pendency of other appeals from the date an appeal is entered into popularity and high demand, the at any point in time during the the Pilot Program. USPTO recently increased the yearly program’s operation, then the USPTO DATES: Applicability Date: July 2, 2020. number of requests that may be granted may modify or terminate the Pilot Duration: The Fast-Track Appeals Pilot from 10,000 to 12,000. See Increase of Program. Moreover, if the Pilot Program Program is offered on a temporary basis, the Annual Limit on Accepted Requests is not sufficiently used, it may be and petitions to request inclusion of an for Track I Prioritized Examination, 84 modified or terminated. ex parte appeal in the Pilot Program will FR 45907 (Sept. 3, 2019). In FY 2019, be accepted until 500 appeals have been prioritized examination was granted for Requirements for Entry Into the Pilot accorded fast-track status under the approximately 2.7% of the total number Program program, or until July 2, 2021, of applications filed. Prioritized The PTAB will accord fast-track status whichever occurs earlier. The USPTO examination status, however, does not to a pending ex parte appeal in may extend the Fast-Track Appeals Pilot carry through to any appeal from a final accordance with the following Program (with or without modification) rejection. See 76 FR 59051. conditions: on either a temporary or a permanent In view of the success and popularity (1) The application must be an basis, or may discontinue the program of prioritized examination, the PTAB is original utility, design, or plant

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39889

nonprovisional application. The Fast- juristic entity is the applicant), a Petitions not meeting the requirements Track Appeals Pilot Program is not registered practitioner who has a power listed above for entry into the Pilot available for applications or proceedings of attorney under 37 CFR 1.32, or a Program will be denied, and the that are already treated as special during registered practitioner who has petitioner will be notified of a decision appeal, such as reissue applications, authority to act under 37 CFR 1.34, in denying the petition. A petitioner may reexamination proceedings, appeals order for the application involved in the reapply if a first petition is denied. Any made special due to the age or health of appeal to be accorded fast-track status. second petition filed by a petitioner for an applicant, or appeals subject to any (4) Fee the same application and same appeal other pilot program that advances an covered by a first, failed petition will appeal out of turn. See MPEP 708.01 for A petition fee of $400 under 37 CFR not be accorded the filing date of the a complete list of cases that are treated 41.20(a) is required at the time the first petition for purposes of as special. petition is filed. Due to statutory determining whether the second limitations on fee collection, the USPTO (2) Petition Requirements petition fell within the thresholds of 125 may not refund the petition fee once or 500 granted petitions. A petition under 37 CFR 41.3 must be collected. See 35 U.S.C. 42(d) and 37 The PTAB will communicate the filed in the application involved in the CFR 1.26(a) (permits refunds only for number of granted petitions for fast- ex parte appeal for which fast-track fees ‘‘paid by mistake or any amount track appeal via the PTAB website, status is sought and must identify that paid in excess of that required’’). Thus, www.uspto.gov/PTABFastTrack, and application and appeal by application no refund will be granted for any appellants should take this information number and appeal number, petition that does not meet the into account when deciding whether to respectively. See MPEP 502.05. The requirements set forth above and/or is file a petition. Consequently, appellants petition may be submitted via: (1) The not granted for any other reason. should consult the PTAB’s website for USPTO patent electronic filing systems information on the status of the Fast- (EFS-Web or Patent Center); (2) the U.S. (5) Limit on Number of Ex Parte Appeals Accorded Fast-Track Status Track Appeals Pilot Program. Postal Service by Priority Mail Express The PTAB may also exercise One purpose of the Fast-Track under 37 CFR 1.10 or with a certificate discretion to grant a small number of Appeals Pilot Program is to gauge the of mailing under 37 CFR 1.8; or (3) petitions in excess of the thresholds of public’s interest in the ability to obtain hand-delivery to the USPTO Customer 125 and 500 granted petitions in a given a speedier resolution of an ex parte Service Window (MPEP 501). Electronic quarter or for the year, respectively. appeal. The number of granted petitions submission of a petition is preferred for Should a significant number of petitions in the Fast-Track Appeals Pilot Program faster petition processing. In addition, exceeding the quarterly threshold of 125 during the one-year program period is the appeal for which fast-track status is granted petitions be filed in a quarter, limited to 125 granted petitions per sought must be an appeal for which a those petitions may be held in abeyance quarter, and a total of 500 granted notice of appeal has been filed under 37 and decided, in order of receipt, in the petitions. A ‘‘quarter’’ under this Pilot CFR 41.31 and an appeal docketing subsequent quarter. An appeal for Program is defined as a three-month notice has been mailed by the PTAB. which a petition is held in abeyance The USPTO has created a form- period measured from the applicability will not be accelerated unless and until fillable Portable Document Format date of this Notice. For example, if this the petition is granted in the subsequent (PDF) ‘‘Petition—Fast-Track Appeals Notice has an applicability date of June quarter. Pilot Program’’ (Form PTO/SB/451) for 1, then a ‘‘quarter’’ under this Pilot use in filing a certification and petition Program spans the three months from Conduct of Fast-Track Appeals Pilot under 37 CFR 41.3 for the Fast-Track June 1 to August 31. Program Appeals Pilot Program. Form PTO/SB/ The thresholds of 125 and 500 granted (1) Time to Decision 451 is available on the USPTO’s website petitions have been chosen to allow for (http://www.uspto.gov/patent/patents- robust participation in the Fast-Track The goal for rendering a decision on forms). Form PTO/SB/451 does not Appeals Pilot Program without the petition to accord fast-track status to collect ‘‘information’’ within the compromising the PTAB’s ability to an ex parte appeal is no later than one meaning of the Paperwork Reduction deliver on other appeal pendency goals. month from the filing date of the Act of 1995 (44 U.S.C. 3501 et seq.). See The limit of 500 granted petitions petition. The goal for rendering a 5 CFR 1320.3(h). Therefore, this notice corresponds to approximately 8% of the decision on the ex parte appeal is no does not involve information collection total number of new appeals received in later than six months from the date an requirements that are subject to review the average fiscal year. If the Pilot appeal is entered into the program, by the Office of Management and Program adversely impacts the which occurs when a petition to accord Budget. Appellants are recommended to pendency of other appeals, then the fast-track status to the appeal is granted. use, but are not required to use, Form USPTO may modify or terminate the (2) When a Petition May Be Filed PTO/SB/451 when petitioning for entry Pilot Program. Additionally, if the Pilot into the Fast-Track Appeals Pilot Program is not sufficiently used, it may A petition may be filed anytime Program. Any petition filed by any be modified or terminated. between (1) the date when the PTAB means other than Form PTO/SB/451 issues a notice that the appeal has been Handling of Petitions in the Fast-Track must still contain the required docketed to the PTAB, and (2) the date Appeals Pilot Program information. at which the appellant withdraws the Petitions for entry into the Fast-Track appeal, a final decision is rendered by (3) Signature Requirements Appeals Pilot Program will be decided the PTAB under 37 CFR 41.50, or PTAB The petition under 37 CFR 41.3 must in the order they are received. Petitions jurisdiction ends under 37 CFR 41.35. be signed by an applicant who is meeting the requirements listed above Petitions for fast-track status may be prosecuting the applicant’s own case for entry into the Pilot Program will be filed for ex parte appeals regardless of under 37 CFR 1.31 (except that a juristic granted, and the petitioner will be whether the appeal is newly docketed or entity must be represented by a notified by a decision granting the was docketed previously. If the petition registered practitioner even if the petition to accord fast-track status. complies with the formal requirements

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39890 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

(e.g., signature, identification of appellant will not be entitled to a refund ACTION: Proposed deletions from the application) and is accompanied by the of the petition fee. Procurement List. required fee, the appeal will be given (4) Termination of Fast-Track Status fast-track status in accordance with SUMMARY: The Committee is proposing Under the Fast-Track Appeals Pilot current procedures, including the to delete products on the Procurement Program quarterly and overall program List furnished by nonprofit agencies thresholds described above. Fast-track status will be maintained in employing persons who are blind or have other severe disabilities. (3) Hearings an ex parte appeal from the date at which the petition for inclusion in the DATES: Comments must be received on Inclusion in the Fast-Track Appeals Fast-Track Appeals Pilot Program is or before: August 1, 2020. Pilot Program may be requested for ex granted until the PTAB’s jurisdiction ADDRESSES: Committee for Purchase parte appeals in which the appellant ends under 37 CFR 41.35(b). Activities From People Who Are Blind or Severely seeks an oral hearing before the PTAB subsequent to an appellant’s withdrawal Disabled, 1401 S Clark Street, Suite 715, (‘‘heard’’ appeals), as well as those from the Pilot Program or the PTAB’s Arlington, Virginia 22202–4149. appeals for which no oral hearing is decision, including any reopened FOR FURTHER INFORMATION CONTACT: For requested (‘‘on-brief’’ appeals). Hearings prosecution, will not be treated as further information or to submit in ex parte appeals accorded fast-track subject to fast-track status, nor will comments contact: Michael R. status under the Pilot Program will be filing a petition for inclusion in the Jurkowski, Telephone: (703) 603–2117, conducted according to the ordinary Fast-Track Appeals Pilot Program cause Fax: (703) 603–0655, or email PTAB hearing procedures. Appellants an application to be accorded fast-track [email protected]. seeking an oral hearing should submit status outside the jurisdiction of the with the request for oral hearing any SUPPLEMENTARY INFORMATION: This PTAB. Additionally, any request by an preferences as to the time, date, or notice is published pursuant to 41 appellant causing a delay in the conduct location of the hearing. The PTAB will U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its of the appeal, such as for an extension make its best efforts to schedule a purpose is to provide interested persons of time under 37 CFR 1.136(b), or for hearing in accordance with such an opportunity to submit comments on additional briefing, will be cause for preferences, consistent with the goals of the proposed actions. removal of fast-track status without the Pilot Program. If the PTAB is unable Deletions to accommodate an appellant’s refund of the petition fee. The following products are proposed preferences, it will schedule the hearing Status of the Pilot Program in an available hearing room at any for deletion from the Procurement List: office, including a regional office, and at The Fast-Track Appeals Pilot Program Products is being adopted on a temporary basis a time and date best suited to meeting NSN(s)—Product Name(s): the goals of the Pilot Program. If no such until July 2, 2021 or 500 appeals have 7510–01–318–8641—Refill, Eraser, hearing room is available, the PTAB will been accorded fast-track status under Mechanical Pencil, Thin, White schedule a hearing to be conducted by the Fast-Track Appeals Pilot Program, Mandatory Source of Supply: San Antonio videoconference or telephone. whichever occurs earlier. The USPTO Lighthouse for the Blind, San Antonio, Because an appellant seeks a faster may extend the Fast-Track Appeals Pilot TX decision and hearing room availability Program (with or without modification) Contracting Activity: GSA/FAS ADMIN is limited, an appellant in an ex parte on either a temporary or a permanent SVCS ACQUISITION BR(2, NEW YORK, appeal accorded fast-track status may basis or may discontinue the Pilot NY not seek to relocate (to a different office) Program for adversely interfering with NSN(s)—Product Name(s): 7510–01–600–7625—Wall Calendar, Dated the hearing after receiving a Notice of the timely processing of other appeals or ″ ″ insufficient usage. The USPTO will 2020, Wire Bound w/Hanger, 12 x 17 Hearing. An appellant who does not 7510–01–679–2414—Wall Calendar, wish to attend the hearing at the notify the public when the threshold of Recycled, Dated 2020, Vertical, 3 designated location may, however, 500 granted petitions for the Fast-Track Months, 12–1/4″ x 26″ request to attend the hearing by Appeals Pilot Program is about to be 7510–01–679–2688—Monthly Planner, videoconference or telephone, in reached, and with any further relevant Recycled, Dated 2020, 14-month, 6–7/8″ accordance with current PTAB hearing information, on the PTAB website at x 8–3/4″ procedures. An appellant may also www.uspto.gov/PTABFastTrack. 7510–01–679–5239—Professional Planner, Dated 2020, Recycled, Weekly, Black, 8– waive the hearing and continue under Dated: June 19, 2020. ″ ″ the Fast-Track Appeals Pilot Program 1/2 x 11 Andrei Iancu, 7530–01–600–7589—Daily Desk Planner, for consideration and decision on the Under Secretary of Commerce for Intellectual Dated 2020, Wire bound, Non-refillable, briefs. Property and Director of the United States Black Cover An appellant may not reschedule the Patent and Trademark Office. 7530–01–600–7596—Weekly Desk Planner, date or time of a hearing and remain in [FR Doc. 2020–14244 Filed 7–1–20; 8:45 am] Dated 2020, Wire Bound, Non-refillable, the Fast-Track Appeals Pilot Program. If Black Cover BILLING CODE 3510–16–P an appellant in an ex parte appeal Mandatory Source of Supply: Chicago accorded fast-track status must Lighthouse Industries, Chicago, IL reschedule the date or time of a hearing Contracting Activity: GSA/FAS ADMIN SVCS ACQUISITION BR(2, NEW YORK, and is not willing to waive the oral COMMITTEE FOR PURCHASE FROM hearing, then the appellant may opt out NY PEOPLE WHO ARE BLIND NSN(s)—Product Name(s): of the Fast-Track Appeals Pilot Program, ORSEVERELY DISABLED thereby regaining the ability to 7530–01–583–3819—Folders, File, Interior Height, Manila, 1⁄3 Cut, Legal reschedule or relocate the hearing as per Procurement List; Proposed deletions Mandatory Source of Supply: Association for ordinary PTAB hearing procedures. If an Vision Rehabilitation and Employment, appellant opts out of the Fast-Track AGENCY: Committee for Purchase From Inc., Binghamton, NY Appeals Pilot Program for purposes of People Who Are Blind or Severely Contracting Activity: GSA/FAS ADMIN rescheduling the date of a hearing, the Disabled. SVCS ACQUISITION BR(2, NEW YORK,

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39891

NY investigating and adjudicating SUMMARY: The Department of Defense NSN(s)—Product Name(s): complaints of unlawful discrimination has submitted to OMB for clearance the 7210–00–715–9130—Cover, Mattress brought by AF applicants, former AF following proposal for collection of Mandatory Source of Supply: LC Industries, employees, contractors, retirees, and information under the provisions of the Inc., Durham, NC military dependents. Particularly, the Paperwork Reduction Act. Contracting Activity: DLA TROOP SUPPORT, information is used to investigate and DATES: PHILADELPHIA, PA Consideration will be given to all resolve complaints of unlawful comments received by August 3, 2020. Michael R. Jurkowski, discrimination and sexual harassment ADDRESSES: Written comments and Deputy Director, Business & PL Operations. under the AF Equal Opportunity recommendations for the proposed [FR Doc. 2020–14282 Filed 7–1–20; 8:45 am] Program; and to maintain records information collection should be sent BILLING CODE 6353–01–P created as a result of the filing of within 30 days of publication of this allegations and appeals involving notice to www.reginfo.gov/public/do/ unlawful discrimination because of PRAMain. Find this particular DEPARTMENT OF DEFENSE race, color, religion, sex, national origin, information collection by selecting age, physical/mental disability, or ‘‘Currently under 30-day Review—Open Department of the Air Force genetic information. for Public Comments’’ or by using the Affected Public: Individuals or search function. [Docket ID USAF–2016–HQ–0005] households. FOR FURTHER INFORMATION CONTACT: Frequency: On occasion. Angela James, 571–372–7574, or Submission for OMB Review; Respondent’s Obligation: Voluntary. whs.mc-alex.esd.mbx.dd-dod- Comment Request OMB Desk Officer: Ms. Jasmeet [email protected]. AGENCY: Air Force Equal Opportunity Seehra. SUPPLEMENTARY INFORMATION: Title; (AF/E.O.) Program, DoD. You may also submit comments and recommendations, identified by Docket Associated Form; and OMB Number: ACTION: 30-Day information collection ID number and title, by the following Continued Health Care Benefit Program, notice. method: DD Form 2837; OMB Control Number • 0720–XXXX (formerly 0704–0364). SUMMARY: The Department of Defense Federal eRulemaking Portal: http:// www.regulations.gov. Follow the Type of Request: Reinstatement. has submitted to OMB for clearance the Number of Respondents: 1,475. following proposal for collection of instructions for submitting comments. Instructions: All submissions received Responses per Respondent: 1. information under the provisions of the Annual Responses: 1,475. Paperwork Reduction Act. must include the agency name, Docket Average Burden per Response: 15 DATES: Consideration will be given to all ID number, and title for this Federal minutes. comments received by August 3, 2020. Register document. The general policy Annual Burden Hours: 369. for comments and other submissions ADDRESSES: Needs and Uses: The information Written comments and from members of the public is to make recommendations for the proposed collection requirement is necessary for these submissions available for public individuals to apply for enrollment in information collection should be sent viewing on the internet at http:// within 30 days of publication of this the continued Health Care Benefit www.regulations.gov as they are Program (CHCBP). The CHCBP is a notice to www.reginfo.gov/public/do/ received without change, including any PRAMain. Find this particular program of temporary health care personal identifiers or contact benefit coverage that is made available information collection by selecting information. ‘‘Currently under 30-day Review—Open to eligible individuals who lose health DOD Clearance Officer: Ms. Angela care coverage under the Military Health for Public Comments’’ or by using the James. search function. System (MHS). Requests for copies of the information Affected Public: Individuals or FOR FURTHER INFORMATION CONTACT: collection proposal should be sent to households. Angela James, 571–372–7574, or Ms. James at whs.mc-alex.esd.mbx.dd- Frequency: On occasion. whs.mc-alex.esd.mbx.dd-dod- [email protected]. Respondent’s Obligation: Voluntary. [email protected]. Dated: June 26, 2020. OMB Desk Officer: Mr. Josh Brammer. SUPPLEMENTARY INFORMATION: You may also submit comments and Aaron T. Siegel, Title; Associated Form, and OMB recommendations, identified by Docket Number: AF E.O. IT Systems— Alternate OSD Federal Register Liaison ID number and title, by the following Officer, Department of Defense. Entellitrack and iComplaints; AF FORM method: 1271, Equal Opportunity Record of [FR Doc. 2020–14247 Filed 7–1–20; 8:45 am] • Federal eRulemaking Portal: http:// Assistance/Contact; AF FORM 1587, BILLING CODE 5001–06–P www.regulations.gov. Follow the Military Equal Opportunity Formal instructions for submitting comments. Instructions: All submissions received Complaint Summary; AF FORM 1587– DEPARTMENT OF DEFENSE 1, Military Equal Opportunity Informal must include the agency name, Docket Complaint Summary; OMB Control Office of the Secretary ID number, and title for this Federal Number 0701–XXXX. Register document. The general policy Type of Request: New. [Docket ID DOD–2020–HA–0038] for comments and other submissions Number of Respondents: 530. from members of the public is to make Responses per Respondent: 1. Submission for OMB Review; these submissions available for public Annual Responses: 530. Comment Request viewing on the internet at http:// Average Burden per Response: 2 AGENCY: Office of the Assistant www.regulations.gov as they are hours. Secretary of Defense for Health Affairs, received without change, including any Annual Burden Hours: 1,060 hours. DoD. personal identifiers or contact Needs and Uses: The information ACTION: 30-Day information collection information. collection requirement is necessary for DOD Clearance Officer: Ms. Angela notice. the purpose of counseling, processing, James.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39892 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Requests for copies of the information SUPPLEMENTARY INFORMATION: The descending bank, of the Mississippi collection proposal should be sent to Breton SD is proposed to be located on River, at approximately 68 miles above Ms. James at whs.mc-alex.esd.mbx.dd- the east bank of the Mississippi River, ‘‘Head of Passes’’ and extend eastward, [email protected]. at approximately 68 miles above ‘‘Head with the conveyance structure and Dated: June 26, 2020. of Passes’’ and south of the Towns of guide levees extending through the Braithwaite and Scarsdale, in Mississippi River Levee, Louisiana Aaron T. Siegel, Plaquemines Parish, Louisiana. The Highway 39, and the non-Federal back Alternate OSD Federal Register Liaison requested Federal action associated with levee south of the Towns of Braithwaite Officer, Department of Defense. the Breton SD is authorization of the and Scarsdale, Louisiana. The Breton [FR Doc. 2020–14242 Filed 7–1–20; 8:45 am] discharge of dredged or fill material into SD structure would terminate at the BILLING CODE 5001–06–P the Waters of the United States (Section outfall channel which would initially 404) and the construction of structures widen to convey sediment, fresh water, and/or work that may affect navigable and nutrients into Breton Sound Basin DEPARTMENT OF DEFENSE waters (Section 10), and permission to with a pilot channel connecting to River Department of the Army, Corps of use, occupy, and alter Corps’ Civil Aux Chenes. Engineers Works projects (Section 408) through If constructed as proposed, the Breton the issuance of a DA Section 10/404 SD footprint would directly impact Notice of Intent To Prepare an permit and Section 408 permission. approximately 309 acres of Environmental Impact Statement for Based on the potential impacts, both jurisdictional wetlands and the Proposed Mid-Breton Sediment individually and cumulatively, Federal approximately 52 acres of waters of the Diversion, in Plaquemines Parish, authorization for the proposed Action U.S. The proposed Breton SD operation Louisiana would constitute a ‘‘major federal will result in additional impacts, to the action’’. The Corps intends to prepare Breton Sound Basin where the current AGENCY: U.S. Army Corps of Engineers, an Environmental Impact Statement landscape is expected to be altered via Defense Department (DoD). (EIS) in compliance with the National diversion-related processes such as ACTION: Notice of intent. Environmental Policy Act (NEPA) as channelization, accretion, and delta part of its decision-making process formation. According to CPRA, the area SUMMARY: The U.S. Army Corps of before rendering a decision on CPRA’s to be potentially impacted within the Engineers (Corps), New Orleans District permit application. The Corps’ decision Breton Sound Basin encompasses 5,277 (CEMVN), has received an application will be to issue, issue with modification, acres of existing jurisdictional wetlands for a U.S. Department of Army (DA) or deny the requested DA permit/ and 2,225 acres of waters of the U.S. permit pursuant to Section 10 of the permissions for the proposed Action. The Corps requires compensatory Rivers and Harbors Act of 1899 (Section The EIS will assess the potential effects mitigation to offset unavoidable impacts 10), Section 404 of the Clean Water Act of the proposed Breton SD on the to jurisdictional wetlands and other (Section 404), and Section 14 of the human environment (including the aquatic resources. CPRA proposes this Rivers and Harbors Act of 1899 (Section natural and physical environment and project as a large scale ecosystem 408), from the Coastal Protection and relationship of people with that restoration that is self-mitigating. Restoration Authority of Louisiana environment) and is intended to be CEMVN will assess whether (CPRA) to construct, maintain, and sufficient in scope to address Federal, compensatory mitigation is required as operate the Mid-Breton Sediment State, and local requirements and part of the EIS process and permit Diversion Project (Breton SD or permit reviews, and environmental and review. proposed Action). socioeconomic issues concerning the The proposed Breton SD project would directly and/or indirectly impact ADDRESSES: U.S. Army Corps of proposed Action. The CEMVN DA permit number for the Breton SD is multiple CEMVN Civil Works projects, Engineers, New Orleans District, Attn: including but not limited to projects CEMVN–ODR–E, 7400 Leake Avenue, MVN–2018–1120–EOO. 1. Project Details. The proposed within the Mississippi Rivers and New Orleans, Louisiana 70118. Breton SD Project is a large-scale, Tributaries Program such as the FOR FURTHER INFORMATION CONTACT: complex ecosystem restoration project Mississippi River Levee and the Questions and scoping comments intended to convey sediment, fresh Mississippi River (federal navigation) regarding the proposed Breton SD, EIS, water, and nutrients from the Ship Channel. and DA permit process should be Mississippi River into the Breton Sound CPRA submitted a complete joint directed to Mr. Brad LaBorde at U.S. Basin in an effort to reduce coastal land permit application to CEMVN and the Army Corps of Engineers, New Orleans loss and sustain surrounding wetlands. Louisiana Department of Natural District, Attn: CEMVN–ODR–E, 7400 If constructed and operated as proposed, Resources for the proposed Breton SD Leake Avenue, New Orleans, Louisiana CPRA would maintain a base flow up to on March 11, 2019; it was advertised on 70118, by phone (504) 862–2225, or by 5,000 cubic feet per second (cfs) through joint public notice on March 19, 2019. email at CEMVN-Midbreton@ the Breton SD Structure. When the Following a review of the permit usace.army.mil. Questions and Mississippi River gage at Belle Chasse application, joint public notice comments concerning the Section 408 exceeds 450,000 cfs in flow, the Breton comments, related sediment diversion permissions should be directed to Mr. SD structure would ‘‘open’’ to divert sources, and based on a preliminary Jeffrey Varisco at U.S. Army Corps of varying volumes of sediment, fresh assessment of the environmental Engineers, New Orleans District, Attn: water, and nutrients into the Breton impacts, CEMVN determined that an CEMVN–PPMD, 7400 Leake Avenue, Sound Basin. Maximum discharge of the EIS is required due to the proposed New Orleans, Louisiana 70118, by Breton SD Structure would be 75,000 Action’s potential to significantly phone (504) 862–2853, or by email at cfs, reached when the Belle Chasse gage impact the quality of the human [email protected]. measures 1,000,000 cfs. environment on July 31, 2019. Since Commenters will be placed on a Breton The proposed Breton SD gated intake that decision, an independent third- SD mailing list unless requested would impact the Mississippi River party contractor was selected to draft otherwise. batture on the east bank, or left the EIS on behalf of CEMVN, and

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39893

CEMVN, CPRA, and the Cooperating will also be available via press releases, At this time, Cooperating Agencies on Agencies (identified below), developed special public notices, and on CEMVN’s the EIS include the: Environmental the proposed Breton SD purpose and social media platforms. Protection Agency (EPA), Department of need (identified in the following 3. Federal Authority. The EIS will Interior’s U.S. Fish and Wildlife Service paragraph), selected hydraulic modeling disclose the context and intensity of (USFWS), National Oceanic and inputs and parameters, and identified a environmental impacts, including Atmospheric Administration’s National preliminary range of alternatives direct, indirect, and cumulative Marine Fisheries Service (NMFS), U.S. (identified below). impacts, of the proposed Action as Department of Agriculture’s Natural The established Breton SD purpose required under the Council of Resources Conservation Service (NRCS), and need is as follows: The purpose of Environmental Quality’s (CEQ) National U.S. Coast Guard (USCG), Advisory the proposed Action is to reconnect and Environmental Policy Act (NEPA) Council on Historic Preservation re-establish the deltaic sediment regulations at 40 CFR parts 1500–1508 (ACHP), Louisiana’s Historic deposition process between the and the Department of the Army’s (DA) Preservation Office (SHPO), and Mississippi River and the Breton Sound NEPA regulations at 33 CFR part 325, Louisiana’s Department of Basin through a large-scale sediment appendix B. A reasonable range of Transportation and Development diversion that is consistent with the alternatives will be determined and (LADOTD). Louisiana Coastal Master Plan (LCMP) significant issues related to the 4. Alternatives. The EIS will address and delivers sediment, freshwater, and proposed Action will be identified a reasonable range of alternatives based nutrients to create, preserve, restore, during agency and public scoping. As on the proposed Breton SD’s purpose and sustain wetlands to counteract the explained below, a preliminary range of and need. CEMVN, through consultation effects of natural and man-made alternatives has been developed. The with Cooperating Agencies and CPRA, disturbances, such as the Deep Water EIS will address the Public Interest has identified a preliminary range of Horizon oil spill. The proposed Action Review requirements of the DA alternatives to evaluate in greater detail is needed to serve as a long-term, permitting process (33 CFR parts 320– in the EIS. Prospective alternatives were resilient, sustainable strategy to reduce 332), as well as the requirements of the developed from, but not limited to, land loss rates and sustain and restore Clean Water Act Section 404(b)(1) Breton SD public notice comments, wetlands altered by natural and man- guidelines (40 CFR part 230). The EIS Mid-Barataria Sediment Diversion made disturbances in the Breton Sound will inform the CEMVN decision- scoping comments, existing studies Basin. making processes for Section 10 (33 prepared under the Coastal Wetlands 2. Scoping Process. Public Scoping U.S.C. 403), Section 404 (33 U.S.C. Planning, Protection, and Restoration meetings will be held virtually, 1344), and Section 408 (33 U.S.C. 408). Act (CWPPRA) Program and Louisiana accessible by phone and internet. The Under Section 10/Section 404, the Coastal Area (LCA) Program, including Corps invites all affected federal, state, District Engineer issues permits for the the LCA Medium Diversion at Myrtle and local agencies, affected Native discharge of dredged and/or fill material Grove with Dedicated Dredging American Tribes, other interested into the waters of the U.S. and for work Feasibility Study and the LCA Medium parties, and the general public to in navigable water in the U.S., to Diversion at White Ditch Feasibility participate in the NEPA process during include installation and maintenance of Study, and the 2017 Louisiana Coastal development of the EIS. The purpose of structures based on the public interest Master Plan. CEMVN’s preliminary the public scoping process is to provide review and Section 404(b)(1) Clean range of alternatives is a sediment information to the public, narrow the Water Act guidelines. diversion with maximum flows of scope of analysis to significant Under Section 408, the Corps of 35,000 cfs, 75,000 cfs (CPRA’s preferred environmental issues, serve as a Engineers reviews requests to use, alternative), and 115,000 cfs. Each of the mechanism to solicit agency and public occupy, alter or modify existing Corps three sediment diversion alternatives input on alternatives and issues of of Engineers projects. The decision will be evaluated with two base flow concern, and ensure full and open whether to grant a Section 408 alternatives, 2,500 cfs and 5,000 cfs. participation in scoping for the Draft permission for such use, occupation or Other reasonable alternatives may be EIS. To ensure that all the issues related alteration is based on whether the developed based on comments received to the proposed Breton SD are proposed Action would be injurious to through the NEPA scoping process. addressed, the Corps will conduct the public interest and whether it would 5. Potentially Significant Issues. The virtual public scoping meeting(s) to impair the usefulness of affected Corps EIS will analyze the potential impacts which agencies, organizations, and of Engineers projects. on the human and natural environment members of the general public are The proposed Action is subject to resulting from the project. The scoping, invited to present comments or Executive Order 13807 of August 15, public involvement, and interagency suggestions with regard to the range of 2017 titled ‘‘Establishing Discipline and coordination processes will help actions, alternatives, and potential Accountability in the Environmental identify and define the range of impacts to be considered in the EIS. Review and Permitting Process for potential significant issues that will be Project and public scoping meeting Infrastructure Projects’’ and Title 41 of considered. Important resources and information, including information as to the Fixing America’s Surface issues to be evaluated in the EIS could where, when, and how to participate Transportation Act (FAST–41) (42 include, but are not limited to, the and submit scoping comments as well U.S.C. 4370m, et seq.). Project direct, indirect, and cumulative effects as other opportunities for public milestones established via a on tidal wetlands and other waters of involvement, will be available on Coordinated Project Plan will be the U.S.; aquatic resources; commercial CEMVN’s website at: https:// maintained and updated quarterly on and recreational fisheries; wildlife www.mvn.usace.army.mil/Missions/ the Federal Permitting Dashboard. resources; essential fish habitat; water Regulatory/Permits/Mid-Breton- Interested parties can monitor project quality; cultural resources; geology and Sediment-Diversion-EIS/ and http:// milestones at: https:// soils including agricultural land and www.mvn.usace.army.mil/Missions/ www.permits.performance.gov/ prime and unique farmland; hydrology Regulatory/Public-Notices/. Notification permitting-projects/mid-breton- and hydraulics; air quality; marine of Breton SD virtual scoping meetings sediment-diversion. mammals; threatened and endangered

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39894 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

species and their critical habitats; The hearing is open to the public and The TGDC unanimously approved to navigation and navigable waters; will be livestreamed on the U.S. recommend VVSG 2.0 Requirements on induced flooding; employment and Election Assistance Commission February 7, 2020, and sent the incomes; land use; property values; tax YouTube Channel: https:// Requirements to the then EAC Acting revenues; population and housing; www.youtube.com/channel/ Executive Director via the Director of community and regional growth; UCpN6i0g2rlF4ITWhwvBwwZw. the National Institute of Standards and environmental justice; community FOR FURTHER INFORMATION CONTACT: Technology (NIST), in the capacity of cohesion; public services; recreation; Kristen Muthig, Telephone: (202) 897– the Chair of the TGDC on March 9, transportation and traffic; utilities and 9285, Email: [email protected]. 2020. Upon adoption, the VVSG 2.0 community service systems; and SUPPLEMENTARY INFORMATION: would become the fifth iteration of cumulative effects of related projects in Purpose: In accordance with the national level voting system standards. the study area. Government in the Sunshine Act The Federal Election Commission 6. Environmental Consultation and (Sunshine Act), Public Law 94–409, as published the first two sets of federal Review. The proposed Action is being amended (5 U.S.C. 552b), the U.S. standards in 1990 and 2002. The EAC coordinated with a number of federal, Election Assistance Commission (EAC) then adopted Version 1.0 of the VVSG state, regional, and local agencies. In will conduct a virtual annual meeting of on December 13, 2005. In an effort to accordance with relevant environmental the EAC Standards Board to discuss the update and improve version 1.0 of the laws and regulations, CEMVN will proposed Voluntary Voting System VVSG, on March 31, 2015, the EAC consult with the following agencies: Guidelines (VVSG) 2.0 Requirements as commissioners unanimously approved USFWS under the Fish and Wildlife submitted by the Technical Guidelines VVSG 1.1. Coordination Act; USFWS and NMFS Development Committee (TGDC). The full agenda will be posted in under the Endangered Species Act; Agenda: The U.S. Election Assistance advance on the EAC website: https:// NMFS under the Magnuson-Stevens Commission (EAC) Standards Board www.eac.gov. Fishery Conservation and Management will hold their 2020 Annual Meeting Status: This hearing will be open to Act; and, the ACHP, Louisiana SHPO, primarily to discuss the proposed VVSG the public. and the appropriate Tribal Historic 2.0 Requirements. This meeting will Amanda Joiner, Preservation Officers under the National include a question and answer Historic Preservation Act and integrated Associate Counsel, U.S. Election Assistance discussion between board members. Commission. NHPA/EIS process. Staff from NIST and the EAC will be On March 15, 2018, NMFS issued a [FR Doc. 2020–14428 Filed 6–30–20; 4:15 pm] available to answer questions, and BILLING CODE 6820–KF–P Marine Mammal Protection Act provide information on the VVSG (MMPA) waiver pursuant to Title II, process and the proposed VVSG 2.0 Section 20201 of the Bipartisan Budget Requirements. DEPARTMENT OF ENERGY Act of 2018 and Section 101(a)(3)(A) of Board members will also review the MMPA for the Mid-Barataria FACA Board membership guidelines Sediment Diversion, Mid-Breton Sound Federal Energy Regulatory and policies with EAC Associate Commission Sediment Diversion, and Calcasieu Ship Counsel and receive a general update Channel Salinity Control Measures. about the EAC from the Executive [Docket No. RM98–1–000] 7. Availability. The draft EIS is Director. The Board will also elect a Records Governing Off-the-Record presently scheduled to be available for new member to the Executive Board Communications; Public Notice public review and comment on Committee and consider amendments to November 9, 2022. All comments the Bylaws. This constitutes notice, in accordance received throughout the review process Background: The VVSG 2.0 with 18 CFR 385.2201(b), of the receipt will become part of the project file for Requirements were published for a 90- of prohibited and exempt off-the-record the proposed Breton SD project and will day public comment period that communications. be subject to public release. concluded on June 22, 2020. The first Order No. 607 (64 FR 51222, Edward E. Belk, Jr., VVSG public hearing on March 27, 2020 September 22, 1999) requires Director of Programs. covered an introduction to the VVSG Commission decisional employees, who [FR Doc. 2020–14031 Filed 7–1–20; 8:45 am] process as well a high-level overview of make or receive a prohibited or exempt the proposed VVSG 2.0 requirements. A off-the-record communication relevant BILLING CODE 3720–58–P recording of the hearing is available on to the merits of a contested proceeding, the EAC’s website. The second public to deliver to the Secretary of the hearing on May 6, 2020 addressed the Commission, a copy of the ELECTION ASSISTANCE COMMISSION importance of VVSG 2.0 at the state and communication, if written, or a Sunshine Act Meetings local level, and the consideration of summary of the substance of any oral accessibility and security in VVSG 2.0. communication. AGENCY: U.S. Election Assistance A recording of the second hearing is Prohibited communications are Commission. available on the EAC’s website. The included in a public, non-decisional file ACTION: Sunshine Act Notice; Notice of third public hearing on May 20, 2020 associated with, but not a part of, the Public Hearing Agenda. included discussions with voting decisional record of the proceeding. system manufacturers and voting system Unless the Commission determines that SUMMARY: Public Hearing: U.S. Election testing labs. A recording of the third the prohibited communication and any Assistance Commission Standards hearing is available on the EAC’s responses thereto should become a part Board Annual Meeting. website. The EAC Board of Advisors of the decisional record, the prohibited DATES: Friday, July 24, 2020 1:30 p.m.– held their annual meeting to discuss the off-the-record communication will not 3:30p.m. Eastern. VVSG 2.0 on June 16, 2020. A recording be considered by the Commission in ADDRESSES: of the hearing is available on the EAC’s reaching its decision. Parties to a Virtual via Zoom. website. proceeding may seek the opportunity to

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39895

respond to any facts or contentions decisional record of the proceeding, Home Page ( http://ferc.gov) using the made in a prohibited off-the-record unless the communication was with a ‘‘eLibrary’’ link. Enter the docket communication and may request that cooperating agency as described by 40 number excluding the last three digits in the Commission place the prohibited CFR 1501.6, made under 18 CFR the docket number field to access the communication and responses thereto 385.2201(e)(1)(v). document. At this time, the Commission in the decisional record. The The following is a list of off-the- has suspended access to the Commission will grant such a request record communications recently Commission’s Public Reference Room, only when it determines that fairness so received by the Secretary of the due to the proclamation declaring a requires. Any person identified below as Commission. The communications National Emergency concerning the listed are grouped by docket numbers in having made a prohibited off-the-record Novel Coronavirus Disease (COVID–19), communication shall serve the ascending order. In addition to issued by the President on March 13, document on all parties listed on the publishing the full text of this document 2020. For assistance, contact the Federal official service list for the applicable in the Federal Register, the Commission proceeding in accordance with Rule provides all interested persons an Energy Regulatory Commission at 2010, 18 CFR 385.2010. opportunity to view and/or print the [email protected] or toll Exempt off-the-record contents of this document via the free at (866) 208–3676, or for TTY, communications are included in the internet through the Commission’s contact (202) 502–8659.

Docket Nos. File date Presenter or requester

Prohibited: 1. EL14–9–000, EL14–8–000, EL18–48–000 ...... 6–10–2020 Gregory Swecker. 2. EL20–42–000 ...... 6–12–2020 Mass Mailings.1 3. EL20–42–000 ...... 6–15–2020 Mass Mailings.2 4. EL20–42–000 ...... 6–16–2020 Mass Mailings.3 5. EL20–42–000 ...... 6–17–2020 Mass Mailings.4 6. CP15–558–000, CP19–78–000, CP19–78–001, CP20–47–000 ... 6–17–2020 Aurelle Sprout. 7. EL20–42–000 ...... 6–18–2020 Mass Mailings.5 8. EL20–42–000 ...... 6–18–2020 Nancy Acopine. 9. ER20–1541–000, ER20–1542–000, ER20–1543–000, ER20– 6–22–2020 Dentons Associates. 1545–000, ER20–1547–000, ER20–1548–000. 10. EL20–42–000 ...... 6–25–2020 Mass Mailings.6 Exempt: 1. RP20–859–000 ...... 5–27–2020 U.S. Congress 7 2. P–2197–127 ...... 6–11–2020 U.S. Congress.8 3. P–190–105 ...... 6–12–2020 State of Utah Department of Environmental Quality. 4. EL20–42–000 ...... 6–15–2020 U.S. Congress.9 5. CP16–9–000 ...... 6–18–2020 U.S. Senate.10 6. EC20–70–000 ...... 6–19–2020 U.S. Congress.11 7. EL20–42–000 ...... 6–23–2020 Commonwealth of Virginia House of Delegates.12 1 Emailed comments of Lois Clement and 57 other individuals. 2 Emailed comments of Evan Rosenberg and 90 other individuals. 3 Emailed comments of Andrew Causey and 229 other individuals. 4 Emailed comments of Marcia Kane and 7 other individuals. 5 Emailed comments of Gilbert Nicolson and 1 other individual. 6 Emailed comments of Alysha Pennachio and 243 other individual. 7 U.S. Senators John Hoeven, Kevin Cramer, and U.S. Representative Kelly Armstrong. 8 U.S. Senators Richard Burr, Thom Tillis, and Congressmen Richard Hudson, and Ted Budd. 9 Representatives Chellie Pingree, Louie Gohmert, Mike Quigley, Mark Pocan, Andy Biggs, Jared Golden, Paul Tonko, Chip Roy, Chris Pappas, Paul A. Gosar, D.D.S., Peter Welch, David Schweikert, Ann McLane Kuster, and Deb Haaland. 10 U.S. Senators Elizabeth Warren and Edward J. Markey. 11 U.S. Senators Shelley Moore Capito, Joe Manchin III, and Representative David B. McKinley, P.E. 12 Delegates Alfonso Lopez, Jennifer Carroll Foy, Sam Rasoul, Chris Hurst, Danica Roem, Elizabeth Guzman, David Reid, Kathleen Murphy, Mark Keam, Kenneth Plum, David Bulova, Kaye Kory, Vivian Watts, Daniel Helmer, Kathy Tran, and Mark Sickles.

Dated: June 26, 2020. Nathaniel J. Davis, Sr., Deputy Secretary. [FR Doc. 2020–14279 Filed 7–1–20; 8:45 am] BILLING CODE 6717–01–P

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39896 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

DEPARTMENT OF ENERGY regulations of the Advisory Council on name and contact information at the end Historic Preservation at 36 CFR 800.2. of your comments. For assistance, Federal Energy Regulatory l. With this notice, we are designating please contact FERC Online Support at Commission Seattle City Light as the Commission’s [email protected]. non-federal representative for carrying [Project No. 553–235] All filings with the Commission must out informal consultation, pursuant to bear the appropriate heading: Comments Seattle City Light; Notice of Intent To section 7 of the Endangered Species Act and section 106 of the National Historic on Pre-Application Document, Study File License Application, Filing of Pre- Requests, Comments on Scoping Application Document (Pad), Preservation Act. m. Seattle City Light filed with the Document 1, Request for Cooperating Commencement of Pre-Filing Process, Agency Status, or Communications to and Scoping; Waiving Parts of The Commission a Pre-Application and from Commission Staff. Any Pre-Filing Process; Request for Document (PAD; including a proposed individual or entity interested in Comments on the Pad and Scoping process plan and schedule), pursuant to submitting study requests, commenting Document, and Identification of Issues 18 CFR 5.6 of the Commission’s and Associated Study Requests regulations. on the PAD or SD1, and any agency n. In addition to publishing the full requesting cooperating status must do so a. Type of Filing: Notice of Intent to text of this document in the Federal by October 24, 2020. File License Application for a New Register, the Commission provides all p. Although our current intent is to License and Commencing Pre-filing interested persons an opportunity to prepare an environmental assessment Process. view and/or print the contents via the (EA), there is the possibility that an b. Project No.: 553–235. internet through the Commission’s Environmental Impact Statement (EIS) c. Dated Filed: April 27, 2020. Home Page (http://www.ferc.gov) using will be required. Nevertheless, this d. Submitted By: Seattle City Light. the eLibrary link. Enter the docket Scoping Document will satisfy the e. Name of Project: Skagit River number excluding the last three digits in Hydroelectric Project. the docket number field to access the NEPA scoping requirements, f. Location: On the Skagit River, in document. At this time, the Commission irrespective of whether an EA or EIS is Whatcom, Snohomish, and Skagit has suspended access to the issued by the Commission. Counties, Washington. The project Commission’s Public Reference Room, Scoping Meetings and Environmental occupies 19,281.93 acres of United due to the proclamation declaring a Site Review: Due to the proclamation States lands under the jurisdiction of National Emergency concerning the declaring a National Emergency the National Park Service and the U.S. Novel Coronavirus Disease (COVID–19), concerning the Novel Coronavirus Forest Service. issued by the President on March 13, Disease (COVID–19), issued by the g. Filed Pursuant to: 18 CFR part 5 of 2020. For assistance, contact FERC at President on March 13, 2020, we are the Commission’s Regulations. [email protected] or call waiving section 5.8(b)(viii) of the h. Potential Applicant Contact: toll-free, (866) 208–3676 or TYY, (202) Commission’s regulations and do not Andrew Bearlin, Seattle City Light, 502–8659. intend to conduct a public scoping Skagit License Manger, PO Box 34023, Register online at http:// meeting or site visit in this case. Instead, Seattle, Washington 98104–4023; www.ferc.gov/docs-filing/ we are soliciting written comments, phone: 206–684–3496 or email at esubscription.asp to be notified via recommendations, and information, on [email protected]. email of new filing and issuances the SD1. Any individual or entity i. FERC Contact: Matt Cutlip at (503) related to this or other pending projects. 552–2762 or email at matt.cutlip@ For assistance, contact FERC Online interested in submitting scoping ferc.gov. Support. comments must do so by the date j. Cooperating agencies: Federal, state, o. With this notice, we are soliciting specified in item o. SD1, which outlines local, and tribal agencies with comments on the PAD and the subject areas to be addressed in the jurisdiction and/or special expertise Commission’s staff Scoping Document 1 environmental document, was mailed to with respect to environmental issues (SD1), as well as study requests. All the individuals and entities on the that wish to cooperate in the comments on the PAD and SD1, and Commission’s official mailing list. preparation of the environmental study requests should be sent to the Copies of SD1 may be viewed on the document should follow the address above in paragraph h. In web at http://www.ferc.gov, using the instructions for filing such requests addition, all comments on the PAD and eLibrary link. Follow the directions for described in item o below. Cooperating SD1, study requests, requests for accessing information in paragraph n. agencies should note the Commission’s cooperating agency status, and all Based on all written comments, a policy that agencies that cooperate in communications to and from Scoping Document 2 (SD2) may be the preparation of the environmental Commission staff related to the merits of issued. SD2 may include a revised document cannot also intervene. See 94 the potential application must be filed process plan and schedule, as well as a FERC 61,076 (2001). with the Commission. list of issues, identified through the k. With this notice, we are initiating The Commission strongly encourages scoping process. informal consultation with: (a) The U.S. electronic filing. Please file all Fish and Wildlife Service and NOAA documents using the Commission’s We may conduct the site visit, if Fisheries under section 7 of the eFiling system at http://www.ferc.gov/ needed, later in the process, such as in Endangered Species Act and the joint docs-filing/efiling.asp. Commenters can conjunction with the study plan agency regulations thereunder at 50 submit brief comments up to 6,000 meeting required by section 5.11(e) of CFR, Part 402 and (b) the State Historic characters, without prior registration, the Commission’s regulations which is Preservation Officer, as required by using the eComment system at http:// required to occur by January 7, 2021. section 106, National Historic www.ferc.gov/docs-filing/ Further revisions to the schedule may Preservation Act, and the implementing ecomment.asp. You must include your be made as appropriate.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39897

Dated: June 26, 2020. Register, the Commission provides all Description: Triennial Compliance Nathaniel J. Davis, Sr., interested persons an opportunity to Filing and Notice of Non-Material Deputy Secretary. view and/or print the contents of this Change in Status of Astoria Energy LLC, [FR Doc. 2020–14276 Filed 7–1–20; 8:45 am] document via the internet through the et al. BILLING CODE 6717–01–P Commission’s Home Page (http:// Filed Date: 6/26/20. ferc.gov) using the eLibrary link. Enter Accession Number: 20200626–5270. the docket number excluding the last Comments Due: 5 p.m. ET 8/25/20. DEPARTMENT OF ENERGY three digits in the docket number field Docket Numbers: ER10–2527–009; to access the document. At this time, the ER10–2532–015; ER10–2533–009; Federal Energy Regulatory Commission has suspended access to ER20–1610–001; ER10–2535–011. Commission the Commission’s Public Reference Applicants: Allegheny Ridge Wind [Docket No. ER20–2176–000] Room, due to the proclamation Farm, LLC, Crescent Ridge LLC, GSG, declaring a National Emergency LLC, Lone Tree Wind, LLC, Mendota LA3 West Baton Rouge, LLC; concerning the Novel Coronavirus Hills, LLC. Supplemental Notice That Initial Disease (COVID–19), issued by the Description: Updated Market Power Market-Based Rate Filing Includes President on March 13, 2020. For Analysis for the Northeast Region of Request for Blanket Section 204 assistance, contact the Federal Energy Allegheny Ridge Wind Farm, LLC, et al. Authorization Regulatory Commission at Filed Date: 6/25/20. [email protected] or call This is a supplemental notice in the Accession Number: 20200625–5217. toll-free, (886) 208–3676 or TYY, (202) Comments Due: 5 p.m. ET 8/24/20. above-referenced proceeding of LA3 502–8659. West Baton Rouge, LLC’s application for Docket Numbers: ER10–3097–011. market-based rate authority, with an Dated: June 26, 2020. Applicants: Bruce Power Inc. accompanying rate tariff, noting that Nathaniel J. Davis, Sr., Description: Updated Market Power such application includes a request for Deputy Secretary. Analysis for the Northeast Region of blanket authorization, under 18 CFR [FR Doc. 2020–14280 7–1–20; 8:45 am] Bruce Power Inc. part 34, of future issuances of securities BILLING CODE 6717–01–P Filed Date: 6/25/20. and assumptions of liability. Accession Number: 20200625–5214. Any person desiring to intervene or to Comments Due: 5 p.m. ET 8/24/20. protest should file with the Federal DEPARTMENT OF ENERGY Docket Numbers: ER12–1563–007; Energy Regulatory Commission, 888 ER12–1562–007; ER11–3642–020. First Street, NE, Washington, DC 20426, Federal Energy Regulatory Applicants: Cayuga Operating in accordance with Rules 211 and 214 Commission Company, LLC, Somerset Operating of the Commission’s Rules of Practice Company LLC, Tanner Street Combined Notice of Filings #1 and Procedure (18 CFR 385.211 and Generation, LLC. 385.214). Anyone filing a motion to Take notice that the Commission Description: Updated Market Power intervene or protest must serve a copy received the following electric corporate Analysis for the Northeast Region of of that document on the Applicant. filings: Cayuga Operating Company, LLC, et al. Notice is hereby given that the Docket Numbers: EC20–66–000. Filed Date: 6/26/20. deadline for filing protests with regard Applicants: Northern States Power Accession Number: 20200626–5255. to the applicant’s request for blanket Company, a Minnesota corporation, Comments Due: 5 p.m. ET 8/25/20. authorization, under 18 CFR part 34, of Crowned Ridge Wind II, LLC. Docket Numbers: ER15–572–008. future issuances of securities and Description: Supplement to May 8, Applicants: New York Transco, LLC, assumptions of liability, is July 16, 2020 Application for Authorization New York Independent System 2020. Under Section 203 of the Federal Power Operator, Inc. The Commission encourages Act, et al. of Northern States Power Description: Compliance filing: NY electronic submission of protests and Company, a Minnesota corporation, et Transco compliance—cost allocation interventions in lieu of paper, using the al. mechanism transmission facilities to be FERC Online links at http:// Filed Date: 6/24/20. effective 4/8/2019. www.ferc.gov. To facilitate electronic Accession Number: 20200624–5215. Filed Date: 6/26/20. service, persons with internet access Comments Due: 5 p.m. ET 7/6/20. Accession Number: 20200626–5121. who will eFile a document and/or be Comments Due: 5 p.m. ET 7/17/20. listed as a contact for an intervenor Docket Numbers: EC20–77–000. must create and validate an Applicants: Blooming Grove Wind Docket Numbers: ER16–2462–009. eRegistration account using the Energy Center LLC. Applicants: Oregon Clean Energy, eRegistration link. Select the eFiling Description: Application for LLC. link to log on and submit the Authorization Under Section 203 of the Description: Triennial Compliance intervention or protests. Federal Power Act, et al. of X Blooming filing of Oregon Clean Energy, LLC. Persons unable to file electronically Grove Wind Energy Center LLC. Filed Date: 6/26/20. may mail similar pleadings to the Filed Date: 6/26/20. Accession Number: 20200626–5259. Federal Energy Regulatory Commission, Accession Number: 20200626–5273. Comments Due: 5 p.m. ET 8/25/20. 888 First Street NE, Washington, DC Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER17–2364–004. 20426. Hand delivered submissions in Take notice that the Commission Applicants: St. Joseph Energy Center, docketed proceedings should be received the following electric rate LLC. delivered to Health and Human filings: Description: Triennial Compliance Services, 12225 Wilkins Avenue, Docket Numbers: ER10–2253–015; filing of St. Joseph Energy Center, LLC. Rockville, Maryland 20852. ER10–3319–019. Filed Date: 6/26/20. In addition to publishing the full text Applicants: Astoria Energy LLC, Accession Number: 20200626–5260. of this document in the Federal Astoria Energy II LLC. Comments Due: 5 p.m. ET 8/25/20.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39898 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Docket Numbers: ER20–924–003. Description: Baseline eTariff Filing: Applicants: Fern Solar LLC. Applicants: PacifiCorp. Baldwin Wind Energy, LLC Application Description: Initial rate filing: Description: Compliance filing: OATT for MBR Authority to be effective 8/25/ Reactive Power Tariff filing to be Queue Reform—Compliance dated 5/12/ 2020. effective 8/1/2020. 2020 to be effective 4/1/2020. Filed Date: 6/25/20. Filed Date: 6/26/20. Filed Date: 6/26/20. Accession Number: 20200625–5159. Accession Number: 20200626–5140. Accession Number: 20200626–5174. Comments Due: 5 p.m. ET 7/16/20. Comments Due: 5 p.m. ET 7/17/20. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–2180–000. Docket Numbers: ER20–2187–000. Docket Numbers: ER20–1898–001. Applicants: Southwest Power Pool, Applicants: Southwest Power Pool, Applicants: Pleinmont Solar 2, LLC. Inc. Inc. Description: Tariff Amendment: Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Pleinmont Solar 2, LLC Supplemental 3204R1 Evergy Missouri West & City of 3220R1 Evergy KS Cent, ITC Great Certificate of Concurrence with SFA to Rich Hill, MO Int Agr to be effective Plains & Sunflower Int Agr to be be effective 5/27/2020. 8/25/2020. effective 8/25/2020. Filed Date: 6/26/20. Filed Date: 6/26/20. Filed Date: 6/26/20. Accession Number: 20200626–5177. Accession Number: 20200626–5069. Accession Number: 20200626–5142. Comments Due: 5 p.m. ET 7/17/20. Comments Due: 5 p.m. ET 7/17/20. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–1900–001. Docket Numbers: ER20–2181–000. Docket Numbers: ER20–2188–000. Applicants: Highlander Solar Energy Applicants: Southwest Power Pool, Applicants: Southern California Station 1, LLC. Inc. Edison Company. Description: Tariff Amendment: Description: § 205(d) Rate Filing: 3702 Description: § 205(d) Rate Filing: DSA Highlander Solar Energy Station 1, LLC KMEA and Empire District Meter Agent Painter Energy Storage, LLC & Cancel Supp Certificate of Concurrence with Agreement to be effective 6/1/2020. Letter Agreement Painter BESS to be SFA to be effective 5/27/2020. Filed Date: 6/26/20. effective 8/26/2020. Filed Date: 6/26/20. Accession Number: 20200626–5071. Filed Date: 6/26/20. Accession Number: 20200626–5203. Comments Due: 5 p.m. ET 7/17/20. Accession Number: 20200626–5147. Comments Due: 5 p.m. ET 7/17/20. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–2182–000. Docket Numbers: ER20–2156–000. Applicants: American Transmission Docket Numbers: ER20–2189–000. Applicants: Midcontinent Systems, Incorporated, PJM Applicants: Southwest Power Pool, Independent System Operator, Inc. Interconnection, L.L.C. Inc. Description: Request for Waiver Tariff Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Provisions, et al. of Midcontinent ATSI submits Two ECSAs, SA Nos. 2888R4 Arkansas Electric Cooperative Independent System Operator, Inc. 5640 and 5643 to be effective 8/26/2020. Corp NITSA NOA to be effective 6/1/ Filed Date: 6/24/20. Filed Date: 6/26/20. 2020. Accession Number: 20200624–5194. Accession Number: 20200626–5113. Filed Date: 6/26/20. Comments Due: 5 p.m. ET 6/29/20. Comments Due: 5 p.m. ET 7/17/20. Accession Number: 20200626–5155. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–2175–000. Docket Numbers: ER20–2183–000. Docket Numbers: ER20–2190–000. Applicants: PJM Interconnection, Applicants: Mid-Atlantic Interstate Applicants: Southwest Power Pool, L.L.C. Transmission, LLC, PJM Inc. Description: § 205(d) Rate Filing: Interconnection, L.L.C. Description: § 205(d) Rate Filing: 3675 Original WMPA SA No. 5667; Queue Description: § 205(d) Rate Filing: Doniphan Electric Cooperative Assn, No. 5667 to be effective 5/28/2020. MAIT submits Four ECSA Nos. 5584, Inc. NITSA NOA to be effective 6/1/ Filed Date: 6/25/20. 5585, 5641 and 5642 to be effective 2020. Accession Number: 20200625–5131. 8/26/2020. Filed Date: 6/26/20. Comments Due: 5 p.m. ET 7/16/20. Filed Date: 6/26/20. Accession Number: 20200626–5169 Docket Numbers: ER20–2176–000. Accession Number: 20200626–5117. Comments Due: 5 p.m. ET 7/17/20. Comments Due: 5 p.m. ET 7/17/20. Applicants: LA3 West Baton Rouge, Docket Numbers: ER20–2191–000. LLC. Docket Numbers: ER20–2184–000. Applicants: PacifiCorp. Description: Baseline eTariff Filing: Applicants: PJM Interconnection, Description: § 205(d) Rate Filing: Application for MBR Authorization and L.L.C. OATT Reconciliation (Merge Queue Request for Certain Waivers, et al. to be Description: § 205(d) Rate Filing: Reform & Order 845 Changes) to be effective 6/26/2020. Original WMPA SA No. 5669; Queue effective 6/27/2020. Filed Date: 6/25/20. No. AF1–291 to be effective 5/28/2020. Filed Date: 6/26/20. Accession Number: 20200625–5137. Filed Date: 6/26/20. Accession Number: 20200626–5187. Comments Due: 5 p.m. ET 7/16/20. Accession Number: 20200626–5119. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–2177–000. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–2192–000. Applicants: Helios 5 MT, LLC. Docket Numbers: ER20–2185–000. Applicants: Brooklyn Navy Yard Description: Baseline eTariff Filing: Applicants: PJM Interconnection, Cogeneration Partners. Application for MBR Authorization and L.L.C. Description: § 205(d) Rate Filing: Request for Certain Waivers, et al. to be Description: § 205(d) Rate Filing: Category 1 Status Filing to be effective effective 6/26/2020. Second Revised ISA, SA No. 5481; 6/30/2020. Filed Date: 6/25/20. Queue No. AE2–005 to be effective Filed Date: 6/26/20. Accession Number: 20200625–5139. 5/28/2020. Accession Number: 20200626–5196. Comments Due: 5 p.m. ET 7/16/20. Filed Date: 6/26/20. Comments Due: 5 p.m. ET 7/17/20. Docket Numbers: ER20–2179–000. Accession Number: 20200626–5138. Docket Numbers: ER20–2193–000. Applicants: Baldwin Wind Energy, Comments Due: 5 p.m. ET 7/17/20. Applicants: Old Dominion Electric LLC. Docket Numbers: ER20–2186–000. Cooperative.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39899

Description: § 205(d) Rate Filing: Old Description: § 205(d) Rate Filing: technical conference as established in Dominion Electric Cooperative Revisions to Rate Schedule Nos. 328, the May 29, 2020 Order (Northern Superseding Cost-of-Service Rate 330, and 337 to be effective 6/1/2020. Border Pipeline Company, 171 FERC Schedule to be effective 1/1/2021. Filed Date: 6/26/20. 61,180 (2020)). All interested persons Filed Date: 6/26/20. Accession Number: 20200626–5276. are permitted to attend. Accession Number: 20200626–5216. Comments Due: 5 p.m. ET 7/17/20. Commission conferences are Comments Due: 5 p.m. ET 7/17/20. Take notice that the Commission accessible under section 508 of the Docket Numbers: ER20–2194–000. received the following electric securities Rehabilitation Act of 1973. For Applicants: PJM Interconnection, filings: accessibility accommodations, please L.L.C. Docket Numbers: ES20–46–000. email [email protected] or call toll Description: § 205(d) Rate Filing: Applicants: ISO New England Inc. free 1–866–208–3372 (voice) or 202– Original WMPA, Service Agreement No. Description: Application Under 502–8659 (TTY); or send a fax to 202– 5665; Queue No. AF1–032 to be Section 204 of the Federal Power Act for 208–2106 with the required effective 5/28/2020. an Order Authorizing Future accommodations. Filed Date: 6/26/20. Drawdowns Under Existing Authorized All interested parties are invited to Accession Number: 20200626–5218. Securities of ISO New England Inc. participate remotely. Staff will use the Comments Due: 5 p.m. ET 7/17/20. Filed Date: 6/25/20. WebEx platform to view supporting documents related to this docket. For Docket Numbers: ER20–2195–000. Accession Number: 20200625–5213. Comments Due: 5 p.m. ET 6/30/20. more information about this technical Applicants: Southwest Power Pool, conference, please contact John Martinic The filings are accessible in the Inc. at [email protected] or call (202) Commission’s eLibrary system by Description: § 205(d) Rate Filing: 502–8630 by August 3, 2020, to register clicking on the links or querying the GridLiance High Plains Submission of and to receive specific instructions on docket number. Tariff Revisions for Add’l Facilities to how to participate in the WebEx Any person desiring to intervene or be effective 9/1/2020. platform. Filed Date: 6/26/20. protest in any of the above proceedings Accession Number: 20200626–5222. must file in accordance with Rules 211 Dated: June 26, 2020. Comments Due: 5 p.m. ET 7/17/20. and 214 of the Commission’s Nathaniel J. Davis, Sr., Docket Numbers: ER20–2196–000. Regulations (18 CFR 385.211 and Deputy Secretary. Applicants: Southwest Power Pool, 385.214) on or before 5:00 p.m. Eastern [FR Doc. 2020–14285 Filed 7–1–20; 8:45 am] Inc. time on the specified comment date. BILLING CODE 6717–01–P Description: § 205(d) Rate Filing: 3690 Protests may be considered, but GridLiance High Plains & Evergy Kansas intervention is necessary to become a South Int Agr to be effective 9/1/2020. party to the proceeding. DEPARTMENT OF ENERGY Filed Date: 6/26/20. eFiling is encouraged. More detailed information relating to filing Federal Energy Regulatory Accession Number: 20200626–5234. Commission Comments Due: 5 p.m. ET 7/17/20. requirements, interventions, protests, service, and qualifying facilities filings Docket Numbers: ER20–2197–000. [Docket No. ER20–2177–000] can be found at: http://www.ferc.gov/ Applicants: Atlantic City Electric docs-filing/efiling/filing-req.pdf. For Helios 5 MT, LLC; Supplemental Notice Company, PJM Interconnection, L.L.C. other information, call (866) 208–3676 That Initial Market-Based Rate Filing Description: § 205(d) Rate Filing: ACE (toll free). For TTY, call (202) 502–8659. Includes Request for Blanket Section submits Revisions to OATT, Att. H–1A 204 Authorization and H–1B to be effective 9/1/2020. Dated: June 26, 2020. Filed Date: 6/26/20. Nathaniel J. Davis, Sr., This is a supplemental notice in the Accession Number: 20200626–5240. Deputy Secretary. above-referenced proceeding of Helios 5 Comments Due: 5 p.m. ET 7/17/20. [FR Doc. 2020–14277 Filed 7–1–20; 8:45 am] MT, LLC’s application for market-based Docket Numbers: ER20–2198–000. BILLING CODE 6717–01–P rate authority, with an accompanying Applicants: Delmarva Power & Light rate tariff, noting that such application Company, PJM Interconnection, L.L.C. includes a request for blanket Description: § 205(d) Rate Filing: DEPARTMENT OF ENERGY authorization, under 18 CFR part 34, of Delmarva submits Revisions to OATT, future issuances of securities and Att. H–3D and H–3E to be effective 9/ Federal Energy Regulatory assumptions of liability. 1/2020. Commission Any person desiring to intervene or to protest should file with the Federal Filed Date: 6/26/20. [Docket No. RP20–859–000] Accession Number: 20200626–5243. Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, Comments Due: 5 p.m. ET 7/17/20. Notice of Technical Conference; Northern Border Pipeline Company in accordance with Rules 211 and 214 Docket Numbers: ER20–2199–000. of the Commission’s Rules of Practice Applicants: PJM Interconnection, Take notice that a technical and Procedure (18 CFR 385.211 and L.L.C. conference concerning the above- 385.214). Anyone filing a motion to Description: § 205(d) Rate Filing: captioned proceeding will be held intervene or protest must serve a copy Original WMPA SA No. 5670; Queue remotely on August 6, 2020, at 10:00 of that document on the Applicant. No. AE2–151 to be effective 5/28/2020. a.m. (EDT). The purpose of the Notice is hereby given that the Filed Date: 6/26/20. teleconference will be to discuss deadline for filing protests with regard Accession Number: 20200626–5251. comments and protests filed in the to the applicant’s request for blanket Comments Due: 5 p.m. ET 7/17/20. proceeding. authorization, under 18 CFR part 34, of Docket Numbers: ER20–2200–000. At the technical conference, the future issuances of securities and Applicants: Duke Energy Carolinas, parties to the proceeding should be assumptions of liability, is July 16, LLC. prepared to discuss all issues set for 2020.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39900 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

The Commission encourages the facilities that were authorized in the those extension requests that are electronic submission of protests and original certificate authorization issued contested,2 the Commission will aim to interventions in lieu of paper, using the on September 28, 2017 (Certificate issue an order acting on the request FERC Online links at http:// Order). The Certificate Order authorized within 45 days.3 The Commission will www.ferc.gov. To facilitate electronic certain onshore facilities that would be address all arguments relating to service, persons with internet access used exclusively to transport natural gas whether the applicant has demonstrated who will eFile a document and/or be to Delfin LNG’s deepwater port there is good cause to grant the listed as a contact for an intervenor ‘‘offshore facilities’’ (collectively, the extension.4 The Commission will not must create and validate an Project) in federal waters offshore consider arguments that re-litigate the eRegistration account using the Louisiana. The onshore facilities would issuance of the certificate order, eRegistration link. Select the eFiling be used to meet the requirements of the including whether the Commission link to log on and submit the customers of the offshore facilities. The properly found the project to be in the intervention or protests. Certificate Order required Delfin to public convenience and necessity and Persons unable to file electronically construct and place the facilities in whether the Commission’s may mail similar pleadings to the service by September 28, 2019. environmental analysis for the Federal Energy Regulatory Commission, Delfin states that on June 21, 2019 it certificate complied with the National 888 First Street NE, Washington, DC requested an extension of time until Environmental Policy Act.5 At the time 20426. Hand delivered submissions in March 28, 2023 to complete the a pipeline requests an extension of time, docketed proceedings should be construction of the onshore facilities in orders on certificates of public delivered to Health and Human conjunction with construction of the convenience and necessity are final and Services, 12225 Wilkins Avenue, offshore facilities. Delfin states that on the Commission will not re-litigate their Rockville, Maryland 20852. July 8, 2019, the Commission’s Office of issuance.6 The OEP Director, or his or In addition to publishing the full text Energy Projects granted an extension of her designee, will act on all of those of this document in the Federal time until September 28, 2020 to extension requests that are uncontested. Register, the Commission provides all construct the onshore facilities and In addition to publishing the full text interested persons an opportunity to make them available for service. (2019 of this document in the Federal view and/or print the contents of this Extension) Register, The Commission provides all document via the internet through the Delfin asserts that since the 2019 interested persons an opportunity to Commission’s Home Page (http:// Extension, it has been working to view and/or print the contents of this ferc.gov) using the eLibrary link. Enter develop the Project. However, Delfin document via the internet through the the docket number excluding the last states that due to the global coronavirus Commission’s Home Page (http:// three digits in the docket number field pandemic, U.S. trade disputes with www.ferc.gov) using the eLibrary link. to access the document. At this time, the China, and the drop in global oil prices, Enter the docket number excluding the Commission has suspended access to it has been difficult to conclude LNG last three digits in the docket number the Commission’s Public Reference offtake agreements. Delfin states that it field to access the document. At this Room, due to the proclamation continues to negotiate LNG offtake time, the Commission has suspended declaring a National Emergency agreements and development of the access to Commission’s Public concerning the Novel Coronavirus Project. Accordingly, applicants request Reference Room, due to the Disease (COVID–19), issued by the an extension of time until September 28, proclamation declaring a National Emergency concerning the Novel President on March 13, 2020. For 2021 to complete construction of the Coronavirus Disease (COVID–19), issued assistance, contact the Federal Energy onshore facilities and place them into by the President on March 13, 2020. For Regulatory Commission at service. assistance, contact FERC at [email protected] or call This notice establishes a 15-calendar [email protected] or call toll-free, (886) 208–3676 or TYY, (202) day intervention and comment period toll-free, (886) 208–3676 or TYY, (202) 502–8659. deadline. Any person wishing to 502–8659. Dated: June 26, 2020. comment on Delfin’s request for an extension of time may do so. No reply The Commission strongly encourages Nathaniel J. Davis, Sr., comments or answers will be electronic filings of comments, protests Deputy Secretary. considered. If you wish to obtain legal and interventions in lieu of paper using [FR Doc. 2020–14278 Filed 7–1–20; 8:45 am] status by becoming a party to the the eFiling link athttp://www.ferc.gov. BILLING CODE 6717–01–P proceedings for this request, you Persons unable to file electronically should, on or before the comment date should submit an original and three stated below, file a motion to intervene copies of the protest or intervention to DEPARTMENT OF ENERGY in accordance with the requirements of the Federal Energy Regulatory the Commission’s Rules of Practice and Commission, 888 First Street NE, Federal Energy Regulatory Washington, DC 20426. Commission Procedure (18 CFR 385.214 or 385.211) and the Regulations under the Natural 2 1 Contested proceedings are those where an [Docket Nos. CP15–490–000; CP15–490– Gas Act (18 CFR 157.10). intervenor disputes any material issue of the filing. 001; CP16–20–000] As a matter of practice, the 18 CFR 385.2201(c)(1) (2019). Commission itself generally acts on 3 Algonquin Gas Transmission, LLC, 170 FERC Delfin LNG LLC; Notice of Request for requests for extensions of time to 61,144, at P 40 (2020). Extension of Time complete construction for Natural Gas 4 Id. at P 40. Act facilities when such requests are 5 Similarly, the Commission will not re-litigate Take notice that on June 25, 2020, the issuance of an NGA section 3 authorization, Delfin LNG LLC (Delfin) requested that contested before order issuance. For including whether a proposed project is not the Federal Energy Regulatory inconsistent with the public interest and whether 1 Only motions to intervene from entities that the Commission’s environmental analysis for the Commission (Commission) grant an were party to the underlying proceeding will be permit order complied with NEPA. extension of time, until September 28, accepted. Algonquin Gas Transmission, LLC, 170 6 Algonquin Gas Transmission, LLC, 170 FERC 2021, to construct and place into service FERC 61,144, at P 39 (2020). 61,144, at P 40 (2020).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39901

Comment Date: 5:00 p.m. Eastern other information, call (866) 208–3676 Dated: June 29, 2020. Time on, July 13, 2020. (toll free). For TTY, call (202) 502–8659. Cindy S. Barger, Dated: June 26, 2020. Dated: June 26, 2020. Director, NEPA Compliance Division, Office Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., of Federal Activities. Deputy Secretary. Deputy Secretary. [FR Doc. 2020–14301 Filed 7–1–20; 8:45 am] BILLING CODE 6560–50–P [FR Doc. 2020–14281 Filed 7–1–20; 8:45 am] [FR Doc. 2020–14275 Filed 7–1–20; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P FEDERAL COMMUNICATIONS DEPARTMENT OF ENERGY COMMISSION ENVIRONMENTAL PROTECTION [OMB 3060–1208; FRS 16899] Federal Energy Regulatory AGENCY Commission Information Collection Being Reviewed by the Federal Communications Combined Notice of Filings [ER–FRL–9051–6] Commission Under Delegated Take notice that the Commission has Environmental Impact Statements; Authority received the following Natural Gas Notice of Availability Pipeline Rate and Refund Report filings: AGENCY: Federal Communications Docket Number: PR20–67–000. Responsible Agency: Office of Federal Commission. Applicants: Gulf Coast Express Activities, General Information 202– ACTION: Notice and request for Pipeline LLC. 564–5632 or https://www.epa.gov/nepa. comments. Description: Tariff filing per Weekly receipt of Environmental Impact 284.123(b),(e)+(g): Estimated Fuel Statements (EIS). SUMMARY: As part of its continuing effort Adjustment to be effective 7/1/2020 Filed June 22, 2020, 10 a.m. EST to reduce paperwork burdens, and as under PR20–67. Through June 26, 2020, 10 a.m. EST. required by the Paperwork Reduction Act (PRA), the Federal Communications Filed Date: 6/25/2020. Pursuant to 40 CFR 1506.9. Accession Number: 202006255085. Commission (FCC or Commission) Comments Due: 5 p.m. ET 7/16/2020. Notice invites the general public and other Federal agencies to take this 284.123(g) Protests Due: 5 p.m. ET 8/ Section 309(a) of the Clean Air Act opportunity to comment on the 24/2020. requires that EPA make public its following information collections. Docket Numbers: RP20–966–000. comments on EISs issued by other Comments are requested concerning: Applicants: Algonquin Gas Federal agencies. EPA’s comment letters Whether the proposed collection of Transmission, LLC. on EISs are available at: https:// information is necessary for the proper Description: § 4(d) Rate Filing: cdxnodengn.epa.gov/cdx-enepa-public/ performance of the functions of the Negotiated Rates—Bay State to UGI action/eis/search. Energy to be effective 7/1/2020. Commission, including whether the EIS No. 20200134, Final, USACE, FL, Filed Date: 6/25/20. information shall have practical utility; Combined Operational Plan, Review Accession Number: 20200625–5032. the accuracy of the Commission’s Comments Due: 5 p.m. ET 7/7/20. Period Ends: 08/03/2020, Contact: burden estimate; ways to enhance the Melissa Nasuti 904–232–1368. Docket Numbers: RP20–967–000. quality, utility, and clarity of the Applicants: NEXUS Gas Amended Notice information collected; ways to minimize the burden of the collection of Transmission, LLC. EIS No. 20200068, Draft, NMFS, MA, Description: § 4(d) Rate Filing: Tariff information on the respondents, Northeast Multispecies Fishery Revisions—Contracting for Service to be including the use of automated Management Plan Draft Amendment effective 8/1/2020. collection techniques or other forms of 23, Comment Period Ends: 08/31/ Filed Date: 6/25/20. information technology; and ways to 2020, Contact: Mark Grant 978–281– Accession Number: 20200625–5035. further reduce the information Comments Due: 5 p.m. ET 7/7/20. 9145. collection burden on small business The filings are accessible in the Revision to FR Notice Published 5/29/ concerns with fewer than 25 employees. Commission’s eLibrary system by 2020; Extending the Comment Period DATES: Written comments should be clicking on the links or querying the from 6/30/2020 to 8/31/2020. submitted on or before August 31, 2020. docket number. EIS No. 20200100, Draft Supplement, If you anticipate that you will be Any person desiring to intervene or NCPC, DHS, GSA, DC, St. Elizabeth’s submitting comments, but find it protest in any of the above proceedings Master Plan Amendment 2, Comment difficult to do so within the period of must file in accordance with Rules 211 Period Ends: 07/16/2020, Contact: time allowed by this notice, you should and 214 of the Commission’s Paul Gyamfi 202–440–3405. advise the contacts below as soon as Regulations (18 CFR 385.211 and Revision to FR Notice Published 5/8/ possible. 385.214) on or before 5:00 p.m. Eastern 2020; Extending the Comment Period ADDRESSES: Direct all PRA comments to time on the specified date(s). Protests from 7/2/2020 to 7/16/2020. may be considered, but intervention is Cathy Williams, FCC, via email PRA@ necessary to become a party to the EIS No. 20200120, Draft, FRA, DC, fcc.gov and to [email protected]. proceeding. Washington Union Station Expansion FOR FURTHER INFORMATION CONTACT: For eFiling is encouraged. More detailed Project, Comment Period Ends: 09/28/ additional information about the information relating to filing 2020, Contact: David Valenstein 202– information collection, contact Cathy requirements, interventions, protests, 493–6368. Williams at (202) 418–2918. service, and qualifying facilities filings Revision to FR Notice Published 6/12/ SUPPLEMENTARY INFORMATION: The FCC can be found at: http://www.ferc.gov/ 2020; Extending the Comment Period may not conduct or sponsor a collection docs-filing/efiling/filing-req.pdf. For from 7/27/2020 to 9/28/2020. of information unless it displays a

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39902 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

currently valid Office of Management Personally identifiable information (PII) incompleteness may not specify missing and Budget (OMB) control number. No is not being collected by, made available documents or information that were not person shall be subject to any penalty to, or made accessible by the delineated in the original notice of for failing to comply with a collection Commission. There are no additional incompleteness. of information subject to the PRA that impacts under the Privacy Act. • 47 CFR 1.140001(c)(4)—If a request does not display a valid OMB control Nature and Extent of Confidentiality: is deemed granted because of a failure number. No known confidentiality between third to timely approve or deny the request, As part of its continuing effort to parties. the deemed grant does not become reduce paperwork burdens, and as Needs and Uses: This information effective until the applicant notifies the required by the PRA of 1995 (44 U.S.C. collection will be submitted for applicable reviewing authority in 3501–3520), the FCC invites the general extension to the Office of Management writing after the review period has public and other Federal agencies to and Budget (OMB) after the 60-day expired (accounting for any tolling) that take this opportunity to comment on the comment period to obtain the full three- the application has been deemed following information collections. year clearance. The Commission has not granted. Comments are requested concerning: changed the collection, which includes These collections are necessary to whether the proposed collection of disclosure requirements pertaining to effectuate the rule changes that information is necessary for the proper subpart CC of part 1 of the implement and enforce the performance of the functions of the Commission’s rules. This Subpart was requirements of Section 6409(a). adopted to implement and enforce Commission, including whether the Federal Communications Commission. information shall have practical utility; Section 6409(a) of the Middle Class Tax Marlene Dortch, the accuracy of the Commission’s Relief and Job Creation Act of 2012. burden estimate; ways to enhance the Section 6409(a) provides, in part, that ‘‘a Secretary, Office of the Secretary. quality, utility, and clarity of the State or local government may not deny, [FR Doc. 2020–14300 Filed 7–1–20; 8:45 am] information collected; ways to minimize and shall approve, any eligible facilities BILLING CODE 6712–01–P the burden of the collection of request for a modification of an existing information on the respondents, wireless tower or base station that does including the use of automated not substantially change the physical FEDERAL COMMUNICATIONS collection techniques or other forms of dimensions of such tower or base COMMISSION station.’’ 47 U.S.C. 1455(a)(1). In subpart information technology; and ways to [GN Docket No. 17–83; FRS 16890] further reduce the information CC, the Commission adopted definitions collection burden on small business of ambiguous terms, procedural Meeting of the Broadband Deployment concerns with fewer than 25 employees. requirements, and remedies to provide Advisory Committee OMB Control Number: 3060–1208. guidance to all stakeholders on the Title: Acceleration of Broadband proper interpretation of the provision AGENCY: Federal Communications Deployment by Improving Wireless and to enforce its requirements, Commission. Facilities Siting Policies. reducing delays in the review process ACTION: Notice. Form Number: N/A. for wireless infrastructure modifications Type of Review: Extension of a and facilitating the rapid deployment of SUMMARY: In this document, the FCC currently approved collection. wireless infrastructure. announces and provides an agenda for Respondents: Individuals or The following are the information the next meeting of the Broadband households, business or other for-profit collection requirements in connection Deployment Advisory Committee entities, not-for-profit institutions and with subpart CC of part 1 of the (BDAC), which will be held via live Commission’s rules: internet link. State, local or Tribal governments. • Number of Respondents: 1,350 47 CFR 1.40001(c)(3)(i)—To toll the DATES: July 29, 2020. The meeting will respondents; 3,597 responses. 60-day review timeframe on grounds come to order at 11 a.m. that an application is incomplete, the Estimated Time per Response: .5 ADDRESSES: The Meeting will be held reviewing State or local government hours to 1 hour. via conference call and available to the must provide written notice to the Frequency of Response: Third-party public via WebEx at http://www.fcc.gov/ applicant within 30 days of receipt of disclosure requirement. live. Obligation to Respond: Required to the application, clearly and specifically obtain or retain benefits. Statutory delineating all missing documents or FOR FURTHER INFORMATION CONTACT: authority for this information collection information. Such delineated Justin L. Faulb, Designated Federal is contained in Sections 1, 2, 4(i), 7, 201, information is limited to documents or Authority (DFO) of the BDAC, at 301, 303, and 309 of the information meeting the standard under [email protected] or 202–418–1589; Communications Act of 1934, as paragraph (c)(1) of § 1.140001. Zachary Ross, Deputy DFO of the BDAC, amended, and Sections 6003, 6213, and • 47 CFR 1.140001(c)(3)(iii)— at [email protected] or 202–418– 6409(a) of the Middle Class Tax Relief Following a supplemental submission 1033; or Belinda Nixon, Deputy DFO of and Job Creation Act of 2012, Pub. L. from the applicant, the State or local the BDAC, at 202–418–1382, or 112–96, 126 Stat. 156, 47 U.S.C. 151, government will have 10 days to notify [email protected]. The TTY 152, 154(i), 157, 201, 301, 303, 309, the applicant in writing if the number is: (202) 418–0484. 1403, 1433, and 1455(a). supplemental submission did not SUPPLEMENTARY INFORMATION: The BDAC Total Annual Burden: 3,535 hours. provide the information identified in meeting is open to the public on the Total Annual Cost: None. the State or local government’s original internet via live feed from the FCC’s Privacy Impact Assessment: This notice delineating missing information. web page at http://www.fcc.gov/live. information collection may affect The timeframe for review is tolled in the Open captioning will be provided for individuals or households. However, case of second or subsequent notices of this event. Other reasonable the information collection consists of incompleteness pursuant to the accommodations for people with third-party disclosures in which the procedures identified in paragraph disabilities are available upon request. Commission has no direct involvement. (c)(3). Second or subsequent notices of Requests for such accommodations

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39903

should be submitted via email to Parties: Hapag-Lloyd AG and Hapag- FEDERAL RESERVE SYSTEM [email protected] or by calling the Lloyd USA LLC (acting as a single Consumer & Governmental Affairs party); Ocean Network Express Pte. Ltd.; Formations of, Acquisitions by, and Bureau at (202) 418–0530 (voice), (202) HMM Company Limited; and Yang Mergers of Bank Holding Companies 418–0432 (TTY). Such requests should Ming Marine Transport Corp., Yang The companies listed in this notice include a detailed description of the Ming (UK) Ltd. and Yang Ming have applied to the Board for approval, accommodation needed. In addition, (Singapore) Pte. Ltd (acting as a single pursuant to the Bank Holding Company please include a way for the FCC to party). Act of 1956 (12 U.S.C. 1841 et seq.) contact the requester if more Filing Party: Joshua Stein; Cozen (BHC Act), Regulation Y (12 CFR part information is needed to fill the request. O’Connor. 225), and all other applicable statutes Please allow at least five days’ advance Synopsis: The amendment revises the and regulations to become a bank notice for accommodation requests; last Agreement to reflect HMM’s name holding company and/or to acquire the minute requests will be accepted, but change from Hyundai Merchant Marine assets or the ownership of, control of, or may not be possible to accommodate. Co., Ltd. to HMM Company Limited. the power to vote shares of a bank or Oral statements at the meeting by Proposed Effective Date: 6/24/2020. bank holding company and all of the parties or entities not represented on the Location: https://www2.fmc.gov/FMC. banks and nonbanking companies BDAC will be permitted to the extent Agreements.Web/Public/Agreement owned by the bank holding company, time permits, at the discretion of the History/1912. including the companies listed below. BDAC Chair and the DFO. Members of Agreement No.: 201340–001. The public portions of the the public may submit comments to the applications listed below, as well as BDAC in the FCC’s Electronic Comment Agreement Name: Hyundai Glovis/ other related filings required by the Filing System, ECFS, at www.fcc.gov/ Kawasaki Kisen Kaisha Ltd. Europe/ Board, if any, are available for ecfs. Comments to the BDAC should be United States Space Charter Agreement. immediate inspection at the Federal filed in Docket 17–83. Parties: Hyundai Glovis Co., Ltd. and Reserve Bank(s) indicated below and at Proposed Agenda: At this meeting, Kawasaki Kisen Kaisha, Ltd. Filing Party: John Meade; ‘‘K’’ Line the offices of the Board of Governors. the BDAC will hear reports from the This information may also be obtained Increasing Broadband Investment in America, Inc. Synopsis: The amendment authorizes on an expedited basis, upon request, by Low-Income Communities, Broadband contacting the appropriate Federal Infrastructure Deployment Job Skills the charter of space between both parties, expands to the geographic scope Reserve Bank and from the Board’s and Training Opportunities, and Freedom of Information Office at Disaster Response and Recovery to include the inbound and outbound U.S. trades, and updates the name of the https://www.federalreserve.gov/foia/ working groups. This agenda may be request.htm. Interested persons may modified at the discretion of the BDAC Agreement. Proposed Effective Date: 6/24/2020. express their views in writing on the Chair and the Designated Federal standards enumerated in the BHC Act Officer (DFO). Location: https://www2.fmc.gov/FMC. Agreements.Web/Public/Agreement (12 U.S.C. 1842(c)). Federal Communications Commission. Comments regarding each of these History/29491. Pamela Arluk, applications must be received at the Chief, Competition Policy Division, Wireline Agreement No.: 201103–015. Reserve Bank indicated or the offices of Competition Bureau. Agreement Name: Memorandum the Board of Governors, Ann E. [FR Doc. 2020–14266 Filed 7–1–20; 8:45 am] Agreement of December 14, 1983 Misback, Secretary of the Board, 20th Concerning Assessments to Pay ILWU– BILLING CODE 6712–01–P Street and Constitution Avenue NW, PMA Employee Benefit Costs. Washington DC 20551–0001, not later Parties: International Longshoremen’s than August 3, 2020. and Warehousemen’s Union and Pacific A. Federal Reserve Bank of Kansas FEDERAL MARITIME COMMISSION Maritime Association. City (Dennis Denney, Assistant Vice Filing Party: Robert Magovern; Cozen President) 1 Memorial Drive, Kansas Notice of Agreements Filed O’Connor. City, Missouri 64198–0001: Synopsis: The amendment revises the 1. Tri Valley Bancshares, Inc., The Commission hereby gives notice divisor for the man-hour base Talmage, Nebraska, to merge with Eagle of the filing of the following agreements assessment rate in the agreement, and Bancshares, Inc., and thereby indirectly under the Shipping Act of 1984. also accordingly revises various figures acquire Eagle State Bank, both in Eagle, Interested parties may submit set forth in Appendix 1. The Nebraska. comments, relevant information, or amendment also adds the COVID–19 documents regarding the agreements to Board of Governors of the Federal Reserve Sick Leave Plan to the list of employee System, June 29, 2020. the Secretary by email at Secretary@ fringe benefits plans established under fmc.gov, or by mail, Federal Maritime Yao-Chin Chao, the ILWU–PMA Pacific Coast Longshore Assistant Secretary of the Board. Commission, Washington, DC 20573. and Clerks’ Agreement and subject to Comments will be most helpful to the the FMC Agreement. [FR Doc. 2020–14292 Filed 7–1–20; 8:45 am] Commission if received within 12 days BILLING CODE P Proposed Effective Date: 6/25/2020. of the date this notice appears in the Location: https://www2.fmc.gov/FMC. Federal Register. Copies of agreements Agreements.Web/Public/Agreement are available through the Commission’s FEDERAL RESERVE SYSTEM History/10164. website (www.fmc.gov) or by contacting the Office of Agreements at (202)–523– Dated: June 26, 2020. Change in Bank Control Notices; 5793 or [email protected]. Rachel Dickon, Acquisitions of Shares of a Bank or Bank Holding Company Agreement No.: 012439–006. Secretary. Agreement Name: THE Alliance [FR Doc. 2020–14238 Filed 7–1–20; 8:45 am] The notificants listed below have Agreement. BILLING CODE 6730–02–P applied under the Change in Bank

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39904 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Control Act (Act) (12 U.S.C. 1817(j)) and DEPARTMENT OF HEALTH AND from the public (e.g., details of studies § 225.41 of the Board’s Regulation Y (12 HUMAN SERVICES conducted). We are looking for studies CFR 225.41) to acquire shares of a bank that report on Breast Reconstruction or bank holding company. The factors Agency for Healthcare Research and after Mastectomy, including those that that are considered in acting on the Quality describe adverse events. The entire applications are set forth in paragraph 7 research protocol is available online at: Supplemental Evidence and Data of the Act (12 U.S.C. 1817(j)(7)). https://effectivehealthcare.ahrq.gov/ Request on Breast Reconstruction products/breast-reconstruction- The public portions of the After Mastectomy mastectomy/protocol. applications listed below, as well as This is to notify the public that the AGENCY: Agency for Healthcare Research other related filings required by the EPC Program would find the following and Quality (AHRQ), Health and Human Board, if any, are available for information on Breast Reconstruction Services (HHS). immediate inspection at the Federal after Mastectomy helpful: Reserve Bank(s) indicated below and at ACTION: Request for supplemental D A list of completed studies that the offices of the Board of Governors. evidence and data submissions. your organization has sponsored for this indication. In the list, please indicate This information may also be obtained SUMMARY: The Agency for Healthcare whether results are available on on an expedited basis, upon request, by Research and Quality (AHRQ) is seeking ClinicalTrials.gov along with the contacting the appropriate Federal scientific information submissions from Reserve Bank and from the Board’s ClinicalTrials.gov trial number. the public. Scientific information is D Freedom of Information Office at For completed studies that do not being solicited to inform our review on have results on ClinicalTrials.gov, a https://www.federalreserve.gov/foia/ Breast Reconstruction after Mastectomy, summary, including the following request.htm. Interested persons may which is currently being conducted by elements: Study number, study period, express their views in writing on the the AHRQ’s Evidence-based Practice design, methodology, indication and standards enumerated in paragraph 7 of Centers (EPC) Program. Access to diagnosis, proper use instructions, the Act. published and unpublished pertinent inclusion and exclusion criteria, Comments regarding each of these scientific information will improve the primary and secondary outcomes, applications must be received at the quality of this review. baseline characteristics, number of Reserve Bank indicated or the offices of DATES: Submission Deadline on or patients screened/eligible/enrolled/lost the Board of Governors, Ann E. before 30 days after the date of to follow-up/withdrawn/analyzed, Misback, Secretary of the Board, 20th publication of this Notice. effectiveness/efficacy, and safety results. Street and Constitution Avenue, NW, ADDRESSES: D A list of ongoing studies that your Washington DC 20551–0001, not later Email submissions: epc@ organization has sponsored for this than July 17, 2020. ahrq.hhs.gov. indication. In the list, please provide the Print submissions: ClinicalTrials.gov trial number or, if the A. Federal Reserve Bank of St. Louis Mailing Address: Center for Evidence trial is not registered, the protocol for (David L. Hubbard, Senior Manager) and Practice Improvement, Agency for the study including a study number, the P.O. Box 442, St. Louis, Missouri Healthcare Research and Quality, study period, design, methodology, 63166–2034. Comments can also be sent ATTN: EPC SEADs Coordinator, 5600 indication and diagnosis, proper use electronically to Fishers Lane, Mail Stop 06E53A, instructions, inclusion and exclusion [email protected]: Rockville, MD 20857. criteria, and primary and secondary 1. Kyle Townsend, Linden, Tennessee, Shipping Address (FedEx, UPS, etc.): outcomes. and Valerie Townsend, Parsons, Center for Evidence and Practice D Description of whether the above Tennessee; individually and as Improvement, Agency for Healthcare studies constitute ALL Phase II and members of the Townsend Family Research and Quality, ATTN: EPC above clinical trials sponsored by your organization for this indication and an Control Group, also of Parsons, SEADs Coordinator, 5600 Fishers Lane, index outlining the relevant information Tennessee, a group acting in concert to Mail Stop 06E77D, Rockville, MD 20857. in each submitted file. retain voting shares of Townsend Your contribution is very beneficial to Financial Corporation and thereby FOR FURTHER INFORMATION CONTACT: the Program. Materials submitted must indirectly retain voting shares of Jenae Benns, Telephone: 301–427–1496 be publicly available or able to be made Farmers Bank, both of Parsons, or Email: [email protected]. public. Materials that are considered Tennessee. SUPPLEMENTARY INFORMATION: The confidential; marketing materials; study Board of Governors of the Federal Reserve Agency for Healthcare Research and types not included in the review; or System, June 29, 2020. Quality has commissioned the information on indications not included Yao-Chin Chao, Evidence-based Practice Centers (EPC) in the review cannot be used by the EPC Program to complete a review of the Program. This is a voluntary request for Assistant Secretary of the Board. evidence for Breast Reconstruction after information, and all costs for complying [FR Doc. 2020–14322 Filed 7–1–20; 8:45 am] Mastectomy. AHRQ is conducting this with this request must be borne by the BILLING CODE 6210–01–P systematic review pursuant to Section submitter. 902(a) of the Public Health Service Act, The draft of this review will be posted 42 U.S.C. 299a(a). on AHRQ’s EPC Program website and The EPC Program is dedicated to available for public comment for a identifying as many studies as possible period of four weeks. If you would like that are relevant to the questions for to be notified when the draft is posted, each of its reviews. In order to do so, we please sign up for the email list at: are supplementing the usual manual https:// and electronic database searches of the www.effectivehealthcare.ahrq.gov/ literature by requesting information email-updates.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39905

The systematic review will answer the mastectomy for any type of breast • Harms following questions. This information is cancer (or carcinoma in situ) and Æ Mortality provided as background. AHRQ is not have decided to undergo breast Æ Unplanned repeat hospitalization Æ requesting that the public provide reconstruction Duration of unplanned repeat • Either therapeutic or prophylactic hospitalization answers to these questions. Æ mastectomy Unplanned repeat surgeries—for Key Questions (KQ) • Exclude: Studies where ≥10% of revision of reconstruction (e.g., for KQ 1: For adult women who are asymmetry) women underwent breast Æ undergoing (or have undergone) reconstruction (combined across Unplanned repeat surgeries—for mastectomy for breast cancer, what are reasons): complications (e.g., for infection, the comparative benefits and harms of Æ For solely cosmetic purposes (i.e., bleeding)* Æ Pain, including chronic pain implant-based (IBR) versus autologous augmentation) Æ (AR) breast reconstruction? Æ Analgesic (e.g., opioid) use for revision reconstruction (i.e., Æ Necrosis, such as of the nipple or KQ 2: For adult women undergoing after a previous reconstruction for IBR or AR after mastectomy for breast of the flap breast cancer) Æ Animation deformity cancer that requires either Æ Complications that lead to delays in chemotherapy or radiation therapy, Interventions • other cancer-related treatments what is the optimal time for IBR or AR IBR (e.g., chemotherapy, radiation with respect to Æ Either single- or multi-stage Æ therapy) (a) chemotherapy or Any type of implant material, either Æ Thromboembolic events (b) radiation therapy? smooth or textured, silicone or Æ Infection KQ 3: For adult women undergoing saline Æ Wound dehiscence IBR after mastectomy for breast cancer, Æ Any anatomic plane of implant Æ Delayed healing what are the comparative benefits and placement Æ Seroma harms of different types of implants Æ With or without use of human Æ Chronic conditions (e.g., (e.g., silicone, saline)? ADM rheumatologic diseases) KQ 4: For adult women undergoing Æ With or without mastectomy and Æ Touch sensitivity IBR after mastectomy for breast cancer, reconstruction of the contralateral Æ Scarring what are the comparative benefits and breast (i.e., unilateral or bilateral) Potential Effect Modifiers harms of different anatomic planes of Æ With or without symmetry implant placement (prepectoral, partial • Age procedure (e.g., mastopexy) in the • submuscular, and total submuscular)? contralateral breast Stage of breast cancer KQ 5: For adult women undergoing • First occurrence versus recurrent IBR after mastectomy for breast cancer, Comparators breast cancer • what are the comparative benefits and • AR using any flap (either free flap or Immediate versus delayed harms of IBR with versus without the pedicled), for example: reconstruction • Single-stage (direct to reconstruction) use of a human acellular dermal matrix Æ Deep inferior epigastric perforator versus multi-stage (with tissue (ADM) in the reconstruction procedure? (DIEP) expander) reconstruction KQ 6: For adult women undergoing Æ Latissimus dorsi (LD) • Unilateral versus bilateral AR after mastectomy for breast cancer, Æ Transverse rectus abdominis what are the comparative benefits and reconstruction myocutaneous (TRAM) • Radiation therapy versus no radiation harms of different flap types for AR? Æ Superficial inferior epigastric artery therapy perforator (SIEA) • Contextual Questions Æ Chemotherapy versus no Gluteal artery perforator (GAP) chemotherapy Contextual Question 1: Æ Transverse musculocutaneous What patient preferences and values gracilis (TMG) Timing inform decisionmaking about breast Æ Transverse upper gracilis (TUG) • Any reconstruction after mastectomy for Æ Profundal artery perforator (PAP) breast cancer? This includes the initial • Combination of IBR and AR Setting choice to undergo reconstruction, as • Exclude: Non-autologous flap • Any, including single- and well as the type and timing of surgery. transplants (i.e., cadaveric or multicenter Contextual Question 2: xenotransplant) What strategies or tools (including • Exclude: Exclusive lipofilling/ Design shared decisionmaking) are available to autologous fat reconstruction • Randomized controlled trials (RCTs), help women make informed choices N≥10 per group about breast reconstruction after Outcomes • Nonrandomized comparative studies mastectomy for breast cancer? • Quality of life (NRCSs), N≥30 per group • Physical well-being (e.g., pain, • Case-control studies, N≥100 per group Study Eligibility Criteria • ≥ discomfort) Single group studies, N 500 • The specific eligibility criteria • Psychosocial well-being (e.g., self- Studies may be prospective or provided below have been refined based retrospective esteem, emotionality, normality) • on discussions with a panel of Key • Sexual well-being Exclude: case reports and series of Informants (KIs) and a Technical Expert • Patient satisfaction with aesthetics individually-reported case reports Panel (TEP). (i.e., satisfaction with breast) Key Question 2 (Optimal Time For IBR Key Question 1 (IBR Versus AR) • Patient satisfaction with outcome or AR) (e.g., satisfaction with care) Population • Planned staged surgeries for Population(s) • Adult (≥18 years old) women who are reconstruction • Adult (≥18 years old) women who are undergoing (or have undergone) • Recurrence of breast cancer undergoing IBR or AR after a

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39906 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

mastectomy for breast cancer (or of the flap Æ Saline carcinoma in situ) that requires Æ Animation deformity Æ Silicone either chemotherapy or radiation Æ Complications that cause delays in Æ Other materials therapy other cancer-related treatments Æ Either smooth or textured • Either therapeutic or prophylactic (e.g., chemotherapy, radiation Æ Either single- or multistage mastectomy therapy) Æ Any anatomic plane of implant Æ • Exclude: Studies where ≥10% of Thromboembolic events placement Æ Infection Æ women underwent breast Æ reconstruction (combined across Wound dehiscence With or without use of human ADM Æ Delayed healing Æ reasons): Æ With or without mastectomy and Æ Seroma reconstruction of the contralateral For solely cosmetic purposes (i.e., Æ Chronic conditions (e.g., augmentation) breast (i.e., unilateral or bilateral) Æ rheumatologic diseases) Æ for solely prophylactic purposes Æ Touch sensitivity With or without symmetry (i.e., without diagnosed breast Æ Scarring procedure (e.g., mastopexy) in the cancer) contralateral breast Æ Potential Effect Modifiers: for revision reconstruction (i.e., Comparators after a previous reconstruction for • Age breast cancer) • Stage of breast cancer • IBR using another type of implant • First occurrence versus recurrent material Interventions breast cancer Outcomes (a) IBR or AR before chemotherapy • Type of chemotherapy (for KQ 2a) or (b) IBR or AR before radiation therapy radiation therapy (for KQ 2b) • Quality of life Æ Either single- or multistage • Immediate versus delayed • Physical well-being (e.g., pain, Æ With or without mastectomy and reconstruction discomfort) reconstruction of the contralateral • Single-stage (direct to reconstruction) • Psychosocial well-being (e.g., self- breast (i.e., unilateral or bilateral) versus multi-stage (with tissue esteem, emotionality, normality) Æ With or without symmetry expander) reconstruction • Sexual well-being • procedure (e.g., mastopexy) in the Unilateral versus bilateral • Patient satisfaction with aesthetics contralateral breast reconstruction (i.e., satisfaction with breast) Æ • With or without use of human Timing Patient satisfaction with outcome (e.g., satisfaction with care) ADM • Æ For IBR—Any type of implant Any • Planned staged surgeries for material, either smooth or textured Setting reconstruction • Æ For IBR—Any anatomic plane of • Recurrence of breast cancer Any, including single- and • Harms implant placement multicenter Æ For AR—Any flap type Æ Mortality Design Æ Unplanned repeat hospitalization Comparators Æ • RCTs, N≥10 per group Duration of unplanned repeat (a) IBR or AR after chemotherapy • ≥ hospitalization NRCSs, N 30 per group Æ (b) IBR or AR after radiation therapy • Case-control studies, N≥100 per group Unplanned repeat surgeries—for • ≥ revision of reconstruction (e.g., for Outcomes Single group studies, N 500 • Studies may be prospective or asymmetry) • Quality of life retrospective Æ Unplanned repeat surgeries—for • Physical well-being (e.g., pain, • Exclude: case reports and series of complications (e.g., for infection, discomfort) individually-reported case reports bleeding) * • Psychosocial well-being (e.g., self- Æ Pain, including chronic pain Key Question 3 (Type of Implant esteem, emotionality, normality) Æ Analgesic (e.g., opioid) use • Sexual well-being Material) Æ Necrosis, such as of the nipple • Patient satisfaction with aesthetics Population(s) Æ Animation deformity (i.e., satisfaction with breast) • ≥ Æ Implant-related infections • Adult ( 18 years old) women who are Æ Patient satisfaction with outcome undergoing (or have undergone) Implant rupture, including (e.g., satisfaction with care) asymptomatic rupture • mastectomy for any type of breast Æ Planned staged surgeries for cancer (or carcinoma in situ) and Implant deflation reconstruction Æ Implant malposition • have decided to undergo IBR Æ Recurrence of breast cancer • Either therapeutic or prophylactic Need for explant surgery • Harms Æ Capsular contracture Æ mastectomy Æ Mortality • Exclude: Studies where ≥10% of New neoplasms (e.g., BIA–ALCL) Æ Æ Unplanned repeat hospitalization women underwent breast Complications that cause delays in Æ Duration of unplanned repeat reconstruction (combined across other cancer-related treatments hospitalization reasons): (e.g., chemotherapy, radiation Æ Unplanned repeat surgeries—for Æ For solely cosmetic purposes (i.e., therapy) revision of reconstruction (e.g., for augmentation) Æ Thromboembolic events asymmetry) Æ for revision reconstruction (i.e., Æ Wound dehiscence Æ Unplanned repeat surgeries—for after a previous reconstruction for Æ Delayed healing complications (e.g., for infection, breast cancer) Æ Seroma bleeding)* Æ Chronic conditions (e.g., Æ Pain, including chronic pain Interventions rheumatologic diseases) Æ Analgesic (e.g., opioid) use • IBR using one type of implant Æ Touch sensitivity Æ Necrosis, such as of the nipple or material Æ Scarring

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39907

Æ Red breast syndrome reconstruction of the contralateral • Single-stage (direct to reconstruction) breast (i.e., unilateral or bilateral) versus multistage (with tissue Potential Effect Modifiers Æ With or without symmetry expander) reconstruction • Age procedure (e.g., mastopexy) in the • Unilateral versus bilateral • Stage of breast cancer contralateral breast reconstruction • First occurrence versus recurrent • Surface of implant (smooth versus Comparators breast cancer textured) • Immediate versus delayed • IBR with implant placement in a • Shape of implant (round versus reconstruction different anatomic plane anatomic/teardrop) • Single-stage (direct to reconstruction) • Size of implant (volume) versus multistage (with tissue Outcomes expander) reconstruction • Quality of life Timing • Unilateral versus bilateral • Physical well-being (e.g., pain, • Any reconstruction discomfort) Setting • Surface of implant (smooth versus • Psychosocial well-being (e.g., self- textured) esteem, emotionality, normality) • Any, including single- and • Shape of implant (round versus • Sexual well-being multicenter anatomic/teardrop) • Patient satisfaction with aesthetics Design • Size of implant (volume) (i.e., satisfaction with breast) • Patient satisfaction with outcome • RCTs, N≥10 per group Timing (e.g., satisfaction with care) • NRCSs, N≥30 per group • Any • Planned staged surgeries for • Case-control studies, N≥100 per group • Single group studies, N≥500 Setting reconstruction • Recurrence of breast cancer • Studies may be prospective or • Any, including single- and • Harms retrospective multicenter Æ Mortality • Exclude: case reports and series of Æ individually-reported case reports Design Unplanned repeat hospitalization Æ Duration of unplanned repeat • ≥ Key Question 5 (Use of Human ADM) RCTs, N 10 per group hospitalization • NRCSs, N≥30 per group Æ Population(s) • ≥ Unplanned repeat surgeries—for Case-control studies, N 100 per group revision of reconstruction (e.g., for • ≥ • Single group studies, N≥500 Adult ( 18 years old) women who are • asymmetry) undergoing (or have undergone Studies may be prospective or Æ Unplanned repeat surgeries—for retrospective mastectomy) for any type of breast • complications (e.g., for infection, cancer (or carcinoma in situ) and Exclude: case reports and series of bleeding)* individually-reported case reports have decided to undergo IBR Æ Pain, including chronic pain • Either therapeutic or prophylactic Key Question 4 (Anatomic Plane of Æ Analgesic (e.g., opioid) use mastectomy Implant Placement) Æ Necrosis, such as of the nipple • Exclude: Studies where ≥10% of Æ Animation deformity Population(s) women underwent breast Æ Implant-related infections reconstruction (combined across Æ • Adult (≥18 years old) women who are Implant rupture, including reasons): undergoing (or have undergone) asymptomatic rupture Æ for solely cosmetic purposes (i.e., mastectomy for any type of breast Æ Implant deflation augmentation) cancer (or carcinoma in situ) and Æ Implant malposition Æ for revision reconstruction (i.e., have decided to undergo IBR Æ Need for explant surgery after a previous reconstruction for Æ • Either therapeutic or prophylactic Capsular contracture breast cancer) mastectomy Æ New neoplasms (e.g., BIA–ALCL) • Exclude: Studies where ≥10% of Æ Complications that cause delays in Interventions women underwent breast other cancer-related treatments • IBR with use of human ADM reconstruction (combined across (e.g., chemotherapy, radiation Æ Either single- or multistage reasons): therapy) Æ Any anatomic plane of implant Æ for solely cosmetic purposes (i.e., Æ Thromboembolic events* placement augmentation) Æ Infection Æ Any type of implant material, either Æ for revision reconstruction (i.e., Æ Wound dehiscence smooth or textured after a previous reconstruction for Æ Delayed healing Æ With or without mastectomy and breast cancer) Æ Seroma reconstruction of the contralateral Æ Chronic conditions (e.g., breast (i.e., unilateral or bilateral) Interventions rheumatologic diseases) Æ With or without symmetry • IBR with implant placement in one Æ Touch sensitivity procedure (e.g., mastopexy) in the anatomic plane Æ Scarring contralateral breast Æ Prepectoral placement Æ Red breast syndrome Æ Partial submuscular placement Comparators Potential Effect Modifiers: Æ Total submuscular placement • IBR without use of human or Æ Either single- or multi-stage • Age nonhuman ADM Æ Any type of implant material, either • Stage of breast cancer smooth or textured • First occurrence versus recurrent Outcomes Æ With or without use of human breast cancer • Quality of life ADM • Immediate versus delayed • Physical well-being (e.g., pain, Æ With or without mastectomy and reconstruction discomfort)

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39908 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

• Psychosocial well-being (e.g., self- • Brand of human ADM (e.g., Comparators esteem, emotionality, normality) Alloderm®, FlexHD®, BellaDerm®, • • ® ® ® AR using a different flap (either free Sexual well-being AlloMax , Cortiva , DermACELL ) flap or pedicled) • Patient satisfaction with aesthetics Timing • Combination of IBR and AR (i.e., satisfaction with breast) • • • Exclude: Non-autologous flap Patient satisfaction with outcome Any transplants (i.e., cadaveric or (e.g., satisfaction with care) Setting xenotransplant) • Planned staged surgeries for • • Exclude: Exclusive lipofilling/ reconstruction Any, including single- and autologous fat reconstruction • Recurrence of breast cancer multicenter • Harms Outcomes Æ Design Mortality • Quality of life Æ • ≥ Unplanned repeat hospitalization RCTs, N 10 per group • Physical well-being (e.g., pain, Æ • ≥ Duration of unplanned repeat NRCSs, N 30 per group discomfort) hospitalization • Case-control studies, N≥100 per group • Psychosocial well-being (e.g., self- Æ Unplanned repeat surgeries—for • Single group studies, N≥500 esteem, emotionality, normality) revision of reconstruction (e.g., for • Studies may be prospective or • Sexual well-being asymmetry) retrospective • Patient satisfaction with aesthetics Æ Unplanned repeat surgeries—for • Exclude: case reports and series of (i.e., satisfaction with breast) complications (e.g., for infection, individually-reported case reports • Patient satisfaction with outcome bleeding) (e.g., satisfaction with care) Æ Pain, including chronic pain Key Question 6 (Different Flap Types • Planned staged surgeries for Æ Analgesic (e.g., opioid) use For AR) reconstruction Æ Necrosis, such as of the nipple Population(s) • Duration of initial hospitalization Æ Animation deformity • • ≥ Recurrence of breast cancer Æ Implant-related infections Adult ( 18 years old) women who are • Harms Æ Implant rupture, including undergoing (or have undergone Æ Mortality asymptomatic rupture mastectomy) for any type of breast Æ Unplanned repeat hospitalization Æ Implant deflation cancer (or carcinoma in situ) and Æ Duration of unplanned repeat Æ Implant malposition have decided to undergo AR hospitalization Æ Need for explant surgery • Either therapeutic or prophylactic Æ Unplanned repeat surgeries—for Æ Capsular contracture mastectomy revision of reconstruction (e.g., for Æ New neoplasms (e.g., BIA–ALCL) • Exclude: Studies where ≥10% of asymmetry) Æ Complications that cause delays in women underwent breast Æ Unplanned repeat surgeries—for other cancer-related treatments reconstruction (combined across complications (e.g., for infection, (e.g., chemotherapy, radiation reasons): bleeding) therapy) Æ for solely cosmetic purposes (i.e., Æ Pain, including chronic pain Æ Thromboembolic events augmentation) Æ Analgesic (e.g., opioid) use Æ Infection Æ for revision reconstruction (i.e., Æ Necrosis, such as of the nipple or Æ Wound dehiscence after a previous reconstruction for of the flap Æ Delayed healing breast cancer) Æ Harms to area of flap harvest (e.g., Æ Seroma hernia, bulge formation) Æ Chronic conditions (e.g., Interventions Æ Complications that lead to delays in rheumatologic diseases) • AR using one flap (either free flap or other cancer-related treatments Æ Touch sensitivity pedicled), for example: (e.g., chemotherapy, radiation Æ Scarring Æ therapy) Æ Deep inferior epigastric perforator Red breast syndrome (DIEP) Æ Thromboembolic events Æ Potential Effect Modifiers Æ Latissimus dorsi (LD) Infection Æ Transverse rectus abdominis Æ Wound dehiscence • Age Æ myocutaneous (TRAM) Delayed healing • Stage of breast cancer Æ Æ Superficial inferior epigastric artery Seroma • First occurrence versus recurrent Æ perforator (SIEA) Touch sensitivity breast cancer Æ Æ Scarring • Immediate versus delayed Gluteal artery perforator (GAP) Æ reconstruction Transverse musculocutaneous Potential Effect Modifiers • Single-stage (direct to reconstruction) gracilis (TMG) • Æ Age versus multi-stage (with tissue Transverse upper gracilis (TUG) • Æ Stage of breast cancer expander) reconstruction Profundal artery perforator (PAP) • First occurrence versus recurrent Æ • Unilateral versus bilateral With or without mastectomy and breast cancer reconstruction reconstruction of the contralateral • Immediate versus delayed • Anatomic plane of implant placement breast (i.e., unilateral or bilateral) reconstruction (prepectoral versus partial Æ With or without symmetry • Single-stage (direct to reconstruction) submuscular versus total procedure (e.g., mastopexy) in the versus multi-stage (with tissue submusclar) contralateral breast expander) reconstruction • Surface of implant (smooth versus Æ Exclude: Non-autologous flap • Unilateral versus bilateral textured) transplants (i.e., cadaveric or reconstruction • Shape of implant (round versus xenotransplant) anatomic/teardrop) Æ Exclude: Exclusive lipofilling/ Timing • Size of implant (volume) autologous fat reconstruction • Any

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39909

Setting proposed collection of information, Submission Form 50.34 when • Any, including single- and including the validity of the submitting a single specimen to CDC multicenter methodology and assumptions used; Infectious Diseases laboratories for (c) Enhance the quality, utility, and testing. The CDC Specimen Submission Design clarity of the information to be 50.34 Form consists of over 200 data • RCTs, N≥10 per group collected; entry fields (of which five are • NRCSs, N≥30 per group (d) Minimize the burden of the mandatory fields that must be • Case-control studies, N≥100 per group collection of information on those who completed by the submitter) that • Single group studies, N≥500 are to respond, including, through the captures information about the • Studies may be prospective or use of appropriate automated, specimen being sent to the CDC for retrospective electronic, mechanical, or other testing. The type of data captured on the • Exclude: case reports and series of technological collection techniques or 50.34 Form identifies the origin of the individually-reported case reports other forms of information technology, specimen (human, animal, food, e.g., permitting electronic submission of Dated: June 26, 2020. environmental, medical device or responses; and biologic), CDC test order name/code, Virginia Mackay-Smith, (e) Assess information collection specimen information, patient Associate Director. costs. information (as applicable), animal To request additional information on [FR Doc. 2020–14237 Filed 7–1–20; 8:45 am] information (as applicable) information the proposed project or to obtain a copy BILLING CODE 4160–90–P about the submitting organization of the information collection plan and instruments, call (404) 639–7570. requesting the testing, patient history (as DEPARTMENT OF HEALTH AND Comments and recommendations for the applicable), owner information and HUMAN SERVICES proposed information collection should animal history (as applicable) and be sent within 30 days of publication of epidemiological information. The Centers for Disease Control and this notice to www.reginfo.gov/public/ collection of this type of data is Prevention do/PRAMain. Find this particular pertinent in ensuring a specimen’s testing results are linked to the correct [30Day–20–20EC] information collection by selecting ‘‘Currently under 30-day Review—Open patient and the final test reports are Agency Forms Undergoing Paperwork for Public Comments’’ or by using the delivered to the appropriate submitting Reduction Act Review search function. Direct written organization to aid in making proper comments and/or suggestions regarding health-related decisions related to the In accordance with the Paperwork the items contained in this notice to the patient. Furthermore, the data provided Reduction Act of 1995, the Centers for Attention: CDC Desk Officer, Office of on this form may be used by the CDC Disease Control and Prevention (CDC) Management and Budget, 725 17th to identify sources of potential has submitted the information Street NW, Washington, DC 20503 or by outbreaks and other public-health collection request titled Enterprise fax to (202) 395–5806. Provide written related events. When the form is filled Laboratory Information Management comments within 30 days of notice out, a user in the submitting System (ELIMS) to the Office of publication. organization prints a hard copy of it that Management and Budget (OMB) for will be included in the specimen’s Proposed Project review and approval. CDC previously shipping package sent to the CDC. The published a ‘‘Proposed Data Collection Enterprise Laboratory Information printed form has barcodes on it that Submitted for Public Comment and Management System (ELIMS) Existing allow the CDC testing laboratory to scan Recommendations’’ notice on December Collection in Use Without an OMB its data directly into ELIMS where the 23, 2019 to obtain comments from the Control Number—National Center for specimen’s testing lifecycle is tracked public and affected agencies. CDC Emerging and Zoonotic Infectious and managed. received one comment related to the Diseases (NCEZID), Centers for Disease Likewise, the Global File previous notice. This notice serves to Control and Prevention (CDC). allow an additional 30 days for public Accessioning Template records the and affected agency comments. Background and Brief Description same data as the 50.34 Form but CDC will accept all comments for this The collection of specimen provides the capability to submit proposed information collection project. information designated for testing by the information for a batch of specimens The Office of Management and Budget CDC occurs on a regular and recurring (typically 50–1,000 specimens per is particularly interested in comments basis (multiple times per day) using an batch) to a specific CDC laboratory for that: electronic PDF file called the CDC testing. The CDC testing laboratory (a) Evaluate whether the proposed Specimen Submission 50.34 Form or an electronically uploads the Global File collection of information is necessary electronic XSLX file called the Global Accessioning Template into ELIMS for the proper performance of the File Accessioning Template. Hospitals, where the batch of specimens are then functions of the agency, including doctor’s offices, medical clinics, logged and are ready to be tracked whether the information will have commercial testing labs, universities, through their respective testing and practical utility; state public health laboratories, U.S. reporting workflow. There is no cost to (b) Evaluate the accuracy of the federal institutions and foreign respondents other than their time. The agencies estimate of the burden of the institutions use the CDC Specimen total burden hours are 2,131 hours.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39910 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondents Form name respondents responses per response respondent (in hours)

Medical Assistant, Doctor’s Office/Hospital .... CDC Specimen Submission 50.34 Form ...... 2,000 3 5/60 19–1042 Medical Scientists, Except Epi- CDC Specimen Submission 50.34 Form ...... 98 193 5/60 demiologists, State Public Health Lab. Medical Assistant, Doctor’s Office/Hospital .... Global File Accessioning Template ...... 15 11 20/60

Jeffrey M. Zirger, • Federal eRulemaking Portal: http:// 2. Evaluate the accuracy of the Lead, Information Collection Review Office, www.regulations.gov. Follow the agency’s estimate of the burden of the Office of Scientific Integrity, Office of Science, instructions for submitting comments. proposed collection of information, Centers for Disease Control and Prevention. • Mail: Jeffrey M. Zirger, Information including the validity of the [FR Doc. 2020–14329 Filed 7–1–20; 8:45 am] Collection Review Office, Centers for methodology and assumptions used; BILLING CODE 4163–18–P Disease Control and Prevention, 1600 3. Enhance the quality, utility, and Clifton Road NE, MS–D74, Atlanta, clarity of the information to be Georgia 30329. collected; and DEPARTMENT OF HEALTH AND Instructions: All submissions received 4. Minimize the burden of the HUMAN SERVICES must include the agency name and collection of information on those who Docket Number. CDC will post, without are to respond, including through the Centers for Disease Control and use of appropriate automated, Prevention change, all relevant comments to http:// www.regulations.gov. electronic, mechanical, or other [60Day–20–20PJ; Docket No. CDC–2020– technological collection techniques or 0073] Please note: Submit all comments through other forms of information technology, the Federal eRulemaking portal (http:// e.g., permitting electronic submissions Proposed Data Collection Submitted www.regulations.gov) or by U.S. mail to the address listed above. of responses. for Public Comment and 5. Assess information collection costs. Recommendations FOR FURTHER INFORMATION CONTACT: To Proposed Project AGENCY: Centers for Disease Control and request more information on the Formative Research on Community- Prevention (CDC), Department of Health proposed project or to obtain a copy of Level Factors That Promote the Primary and Human Services (HHS). the information collection plan and instruments, contact Jeffrey M. Zirger, Prevention of Adverse Childhood ACTION: Notice with comment period. Information Collection Review Office, Experiences (ACEs) and Opioid Misuse SUMMARY: The Centers for Disease Centers for Disease Control and Among Children, Youth, and Families Control and Prevention (CDC), as part of Prevention, 1600 Clifton Road NE, MS– in Tribal American Indian and Alaska its continuing effort to reduce public D74, Atlanta, Georgia 30329; phone: Native (AI/AN) Communities—New— burden and maximize the utility of 404–639–7570; Email: [email protected]. National Center for Injury Prevention and Control (NCIPC), Centers for government information, invites the SUPPLEMENTARY INFORMATION: Under the Disease Control and Prevention (CDC) general public and other Federal Paperwork Reduction Act of 1995 (PRA) agencies the opportunity to comment on (44 U.S.C. 3501–3520), Federal agencies Background and Brief Description a proposed and/or continuing must obtain approval from the Office of Adverse childhood experiences information collection, as required by Management and Budget (OMB) for each (ACEs) are preventable, potentially the Paperwork Reduction Act of 1995. collection of information they conduct traumatic events that occur in This notice invites comment on a or sponsor. In addition, the PRA also childhood (0–17 years) such as proposed information collection project requires Federal agencies to provide a experiencing violence, abuse, or neglect; titled ‘‘Formative Research on 60-day notice in the Federal Register witnessing violence in the home; and Community-Level Factors that Promote concerning each proposed collection of having a family member attempt or die the Primary Prevention of Adverse information, including each new by suicide. There is a robust evidence Childhood Experiences (ACEs) and proposed collection, each proposed base linking ACEs to a variety of poor Opioid Misuse Among Children, Youth, extension of existing collection of health outcomes across the life span, and Families in Tribal American Indian information, and each reinstatement of including depression, alcohol and and Alaska Native (AI/AN) previously approved information substance use disorder, and violence Communities.’’ The proposed collection collection before submitting the perpetration and victimization. The is designed to conduct formative collection to the OMB for approval. To ongoing opioid epidemic is a complex qualitative studies to identify comply with this requirement, we are and significant public health crisis that community-level protective factors and publishing this notice of a proposed exposes children to opioid misuse, primary prevention strategies across a data collection as described below. violence, and other ACEs, and range of Tribal communities to prevent The OMB is particularly interested in challenges the ability of Health and adverse childhood experiences (ACEs) comments that will help: Human Service (HHS) systems to and opioid misuse. 1. Evaluate whether the proposed mitigate the effects of opioid misuse and DATES: CDC must receive written collection of information is necessary ACEs on children and families across comments on or before August 31, 2020. for the proper performance of the the U.S. American Indian/Alaska Native ADDRESSES: You may submit comments, functions of the agency, including (AI/AN) populations experience a identified by Docket No. CDC–2020– whether the information will have disproportionate burden of opioid 0073 by any of the following methods: practical utility; misuse and ACEs, and ACE-related

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39911

health outcomes, including opioid collection will be communicated to (three urban and three rural) in regions overdose, sexual assault, and suicide relevant public health officials and identified with higher opioid overdose attempts. The nature and consequences community stakeholders in the study mortality rates relatively to other areas of ACEs in Tribal communities is locations. These local public health in Indian Country. Due to COVID–19, at unique because of historical trauma and officials and community stakeholders the time of the focus groups/interviews, stark socioeconomic disparities. In will use the study results to guide social distancing and public health addition, there are gaps in the provision strategies to further strengthen their safety measures will be implemented, of adequate healthcare. local prevention efforts within their including considerations for phone/ This collection addresses critical regions. virtual meetings instead of in-person research gaps and extends efforts to Data collection methods used in this sessions. prevent violence and other ACEs before study include well-established they occur and to build evidence of qualitative methods, including in-depth The total estimated annualized effectiveness of community-level open-ended individual interviews and burden hours are 918. There are no costs strategies and approaches at the outer focus groups. Quantitative methods to respondents other than their time. levels of the social ecology to Tribal include brief structured surveys. There communities. Results from this data will be a total of six Tribal communities

ESTIMATED ANNUALIZED BURDEN HOURS

Average Type of Number of Number of burden per Total burden respondents Data collection respondents responses per response (in hours) respondent (in hours)

Adults 18 years or older affected by the Information Letter ...... 336 1 5/60 28 opioid epidemic living in Tribal urban and Telephone screening ...... 336 1 20/60 112 rural communities. Confirmation email/letter ...... 252 1 3/60 13 Reminder email ...... 252 1 2/60 9 Informed Consent ...... 252 1 15/60 63 Survey ...... 252 1 45/60 189 Focus group/interview ...... 252 1 2 504

Total ...... 918

Jeffrey M. Zirger, proposed information collection project FOR FURTHER INFORMATION CONTACT: To Lead, Information Collection Review Office, titled Oral Health Basic Screening request more information on the Office of Scientific Integrity, Office of Science, Survey for Children. The project proposed project or to obtain a copy of Centers for Disease Control and Prevention. provides state-specific data on dental the information collection plan and [FR Doc. 2020–14331 Filed 7–1–20; 8:45 am] caries (tooth decay) and dental sealants instruments, contact Jeffrey M. Zirger, BILLING CODE 4163–20–P from a state-representative sample of Information Collection Review Office, elementary school children or children Centers for Disease Control and enrolled in Head Start programs and has Prevention, 1600 Clifton Road, NE, MS– DEPARTMENT OF HEALTH AND been used by states to monitor oral D74, Atlanta, Georgia 30329; phone: HUMAN SERVICES health status of children and evaluate 404–639–7570; Email: [email protected]. public health programs and policies. Centers for Disease Control and SUPPLEMENTARY INFORMATION: Under the Prevention DATES: CDC must receive written Paperwork Reduction Act of 1995 (PRA) comments on or before August 31, 2020. (44 U.S.C. 3501–3520), Federal agencies [60Day–20–20PM; Docket No. CDC–2020– must obtain approval from the Office of 0072] ADDRESSES: You may submit comments, Management and Budget (OMB) for each identified by Docket No. CDC–2020– collection of information they conduct Proposed Data Collection Submitted 0072 by any of the following methods: or sponsor. In addition, the PRA also for Public Comment and • requires Federal agencies to provide a Recommendations Federal eRulemaking Portal: http:// www.Regulations.gov. Follow the 60-day notice in the Federal Register AGENCY: Centers for Disease Control and instructions for submitting comments. concerning each proposed collection of information, including each new Prevention (CDC), Department of Health • Mail: Jeffrey M. Zirger, Information proposed collection, each proposed and Human Services (HHS). Collection Review Office, Centers for extension of existing collection of ACTION: Notice with comment period. Disease Control and Prevention, 1600 information, and each reinstatement of Clifton Road NE, MS–D74, Atlanta, SUMMARY: The Centers for Disease previously approved information Georgia 30329. Control and Prevention (CDC), as part of collection before submitting the its continuing effort to reduce public Instructions: All submissions received collection to the OMB for approval. To burden and maximize the utility of must include the agency name and comply with this requirement, we are government information, invites the Docket Number. CDC will post, without publishing this notice of a proposed general public and other Federal change, all relevant comments to http:// data collection as described below. agencies the opportunity to comment on www.regulations.gov/. The OMB is particularly interested in a proposed and/or continuing Please note: Submit all comments through comments that will help: information collection, as required by the Federal eRulemaking portal (http:// 1. Evaluate whether the proposed the Paperwork Reduction Act of 1995. www.regulations.gov) or by U.S. mail to the collection of information is necessary This notice invites comment on a address listed above. for the proper performance of the

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39912 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

functions of the agency, including BSS is a non-invasive visual states currently funded by CDC, will whether the information will have observation of the mouth performed by conduct one BSS, at least for third practical utility; trained screeners including dental and grade, during the period for which this 2. Evaluate the accuracy of the non-dental health professionals (e.g., approval is being sought. agency’s estimate of the burden of the dentists, hygienists, school nurses). The State health departments administer proposed collection of information, BSS data collection is not duplicative of the survey by determining probability including the validity of the any other federal collection. Though the samples, arranging logistics with methodology and assumptions used; National Health and Nutrition selected schools or Head Start sites, 3. Enhance the quality, utility, and Examination Survey (NHANES) collects gaining consent, obtaining demographic clarity of the information to be national data on oral health status data, training screeners, conducting the collected; and including dental caries and sealants oral health screening at schools or Head 4. Minimize the burden of the based on clinical examination, it is not Start sites. Screeners record four data collection of information on those who designed to provide state-level data. points either electronically or on a are to respond, including through the BSS is designed to be easy to perform, paper form: (1) Presence of treated use of appropriate automated, while being consistent and aligned with caries, (2) presence of untreated tooth electronic, mechanical, or other the oral health Healthy People decay, (3) urgency of need for treatment, technological collection techniques or objectives, which are based on NHANES and (4) presence of dental sealants on at other forms of information technology, measures. BSS is the only data source least one permanent molar tooth. e.g., permitting electronic submissions that provides state-representative data State programs enter, clean and of responses. on oral health status based on clinical analyze the data; de-identify it; and 5. Assess information collection costs. examination. BSS is also used to respond to ASTDD’s annual email Proposed Project monitor state progress toward key request for state-aggregated prevalence national oral health objectives. Oral Health Basic Screening Survey for of dental caries and sealants. ASTDD Children—Existing Collection in Use The BSS is a state-tailored survey reviews the data to ensure that both Without an OMB Control Number— administered and conducted by survey design and data meet specific National Center for Chronic Disease individual states. CDC has supported criteria before sending it to CDC for Prevention and Health Promotion some of the 50 states to build and publication on the CDC’s public-facing (NCCDPHP), Centers for Disease Control maintain their oral health surveillance Oral Health Data website (http:// and Prevention (CDC) system and ASTDD to provide technical www.cdc.gov/oralhealthdata). assistance to states through state and BSS for children serves as a key state Background and Brief Description partner cooperative agreements since oral health surveillance data source and Dental caries (tooth decay) is one of 2001. Conducting BSS for third graders facilitates state capacity to (1) monitor the most common chronic diseases is a key component of that support. children’s oral health status, trends, and among children in the United States and The target populations include school disparities, and compare with other can lead to pain, infection, and children in grades K–3 and children states; (2) inform planning, diminished quality of life throughout enrolled in Head Start in 50 states and implementation and evaluation of the lifespan. Dental sealants are a cost- Washington, DC. ASTDD and CDC effective oral health programs and effective measure to prevent caries but recommend that states conduct BSS at policies; (3) measure state progress remain underutilized. minimum for third graders at least once toward Healthy People objectives; and To address states’ critical need for every five years. Individual states (4) educate the public and policy state-level oral health surveillance data determine how often to conduct BSS makers regarding cross-cutting public on dental caries and sealants, the and which grade or grades to target health programs. CDC also uses the data Association of State and Territorial based on their program needs and to evaluate performance of CDC oral Dental Directors (ASTDD) developed available resources. Forty-seven states health funding recipients. and released an oral health screening have conducted BSS for children, and There are no costs to children survey protocol referred to as the Basic all 47 conducted third grade BSS. respondents except their time. The Screening Survey (BSS) in 1999 in Thirty-two states also have conducted estimated total annualized burden hours collaboration with the Ohio Department BSS in one or more other grades (K–2) for the survey across the 34 states over of Health and with technical assistance or in Head Start. CDC estimates that the three years of this request are 40,207 from the CDC’s Division of Oral Health. approximately 34 states, including 20 with an average of 1,183 per state.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Total burden Type of respondents Form name respondents responses per response (in hours) respondent (in hours)

Child ...... Screening form ...... 150,370 1 5/60 12,531 Parent/caretaker ...... Consent ...... 150,370 1 1/60 2,506 Screener ...... Screening form ...... 301 1 666/60 3,341 School/site ...... Participation form ...... 2,890 1 68/60 3,275 State Official ...... Data Submission form ...... 34 1 32,742/60 18,554

Total ...... 40,207

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39913

Jeffrey M. Zirger, withdrawal of approval, Teva stated that FOR FURTHER INFORMATION CONTACT: Ila Lead, Information Collection Review Office, it voluntarily discontinued manufacture S. Mizrachi, Office of Operations, Food Office of Scientific Integrity, Office of Science, and sale of products under NDA 202278 and Drug Administration, Three White Centers for Disease Control and Prevention. in 2016 for commercial reasons and has Flint North, 10A–12M, 11601 [FR Doc. 2020–14332 Filed 7–1–20; 8:45 am] agreed to withdrawal of the application Landsdown St., North Bethesda, MD BILLING CODE 4163–18–P for those reasons only. 20852, 301–796–7726, PRAStaff@ For the reasons discussed above, and fda.hhs.gov. pursuant to the applicant’s request, SUPPLEMENTARY INFORMATION: In DEPARTMENT OF HEALTH AND approval of NDA 202278 for ZECUITY HUMAN SERVICES compliance with 44 U.S.C. 3507, FDA (sumatriptan iontophoretic transdermal has submitted the following proposed system), and all amendments and Food and Drug Administration collection of information to OMB for supplements thereto, is withdrawn review and clearance. [Docket No. FDA–2020–N–1360] under § 314.150(d). Distribution of ZECUITY into Radioactive Drug Research Teva Branded Pharmaceutical interstate commerce without an Committees—21 CFR 361.1 Products R&D, Inc.; Withdrawal of approved application is illegal and OMB Control Number 0910–0053— Approval of a New Drug Application for subject to regulatory action (see sections Extension ZECUITY (Sumatriptan Iontophoretic 505(a) and 301(d) of the Federal Food, Transdermal System) Drug, and Cosmetic Act (21 U.S.C. Under sections 201, 505, and 701 of 355(a) and 331(d)). the Federal Food, Drug, and Cosmetic AGENCY: Food and Drug Administration, Act (21 U.S.C. 321, 355, and 371), FDA HHS. Dated: June 22, 2020. has the authority to issue regulations ACTION: Notice. Lowell J. Schiller, governing the use of radioactive drugs Principal Associate Commissioner for Policy. for basic scientific research. This SUMMARY: The Food and Drug [FR Doc. 2020–14284 Filed 7–1–20; 8:45 am] information collection request supports Administration (FDA) is withdrawing those regulations. Specifically, § 361.1 the approval of the new drug BILLING CODE 4164–01–P (21 CFR 361.1) sets forth specific application (NDA) for ZECUITY regulations about establishing and (sumatriptan iontophoretic transdermal DEPARTMENT OF HEALTH AND composing radioactive drug research system) held by Teva Branded HUMAN SERVICES committees (RDRCs) and their role in Pharmaceutical Products R&D, Inc. approving and monitoring basic (Teva), 41 Moores Rd., P.O. Box 4011, Food and Drug Administration research studies using Frazer, PA 19355. Teva requested [Docket No. FDA–2010–N–0583] radiopharmaceuticals. No basic research withdrawal of this application and has study involving any administration of a waived its opportunity for a hearing. Agency Information Collection radioactive drug to research subjects is DATES: Approval is withdrawn as of July Activities; Submission for Office of permitted without the authorization of 2, 2020. Management and Budget Review; an FDA-approved RDRC (§ 361.1(d)(7)). FOR FURTHER INFORMATION CONTACT: Comment Request; Radioactive Drug The type of research that may be Kimberly Lehrfeld, Center for Drug Research Committees undertaken with a radiopharmaceutical Evaluation and Research, Food and drug must be intended to obtain basic Drug Administration, 10903 New AGENCY: Food and Drug Administration, information and not to carry out a Hampshire Ave. Bldg., 51, Rm. 6226, HHS. clinical trial for safety or efficacy. The Silver Spring, MD 20993–0002, 301– ACTION: Notice. types of basic research permitted are 796–3137. specified in the regulations and include SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION: On studies of metabolism, human Administration (FDA) is announcing January 17, 2013, FDA approved NDA physiology, pathophysiology, or that a proposed collection of 202278 for ZECUITY (sumatriptan biochemistry. information has been submitted to the iontophoretic transdermal system) for Section 361.1(c)(2) requires that each Office of Management and Budget the acute treatment of migraine with or RDRC will select a chairman, who will (OMB) for review and clearance under without aura in adults. On June 2, 2016, sign all applications, minutes, and the Paperwork Reduction Act of 1995. FDA issued a Drug Safety reports of the committee. Each Communication announcing the FDA is DATES: Submit written comments committee will meet at least once each investigating the risk of serious burns (including recommendations) on the quarter in which research activity has and potential permanent scarring with collection of information by August 3, been authorized or conducted. Minutes the use of ZECUITY for migraine 2020. will be kept and will include the headaches. (https://www.fda.gov/drugs/ ADDRESSES: To ensure that comments on numerical results of votes on protocols drug-safety-and-availability/fda-drug- the information collection are received, involving use in human subjects. Under safety-communication-fda-evaluating- OMB recommends that written § 361.1(c)(3), each RDRC will submit an risk-burns-and-scars-ZECUITY- comments be submitted to annual report to FDA. The annual report sumatriptan-migraine-patch). On June www.reginfo.gov/public/do/PRAMain. will include the names and 10, 2016, Teva suspended sales, Find this particular information qualifications of the members of and of marketing and distribution to collection by selecting ‘‘Currently under any consultants used by the RDRC, investigate the cause of burns and scars Review—Open for Public Comments’’ or using Form FDA 2914 entitled associated with ZECUITY. by using the search function. The OMB ‘‘Radioactive Drug Research Committee On July 19, 2019, Teva requested control number for this information Report on Research Use of Radioactive withdrawal of NDA 202278 for collection is 0910–0053. Also include Drugs Membership Summary.’’ The ZECUITY under § 314.150(d) (21 CFR the FDA docket number found in annual report will also include a 314.150(d)) and waived its opportunity brackets in the heading of this summary of each study conducted for a hearing. In its letter requesting document. during the preceding year, using Form

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39914 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

FDA 2915 entitled ‘‘Radioactive Drug are information supplied by the Federal regulations and that human subject Research Committee Report on Research Government to the recipient for the safety is assured. If these studies were Use of Radioactive Drugs Study purposes of disclosure to the public (5 not reviewed, human subjects could be Summary.’’ CFR 1320.3(c)(2)). subjected to inappropriate radiation or Under § 361.1(d)(5), each investigator Types of research studies not pharmacologic risks. Respondents to will obtain the proper consent required permitted under the regulations are also this information collection are the under the regulations. Each female specified and include those intended for chairperson or chairpersons of each research subject of childbearing immediate therapeutic, diagnostic, or individual RDRC, investigators, and potential must state in writing that she similar purposes or to determine the participants in the studies. The burden is not pregnant or, based on a pregnancy safety or effectiveness of the drug in estimates are based on our experience test, be confirmed as not pregnant. humans for such purposes (i.e., to carry with these reporting and recordkeeping Under § 361.1(d)(8), the investigator out a clinical trial for safety or efficacy). requirements and the number of will immediately report to the RDRC all These studies require filing of an submissions we received under the adverse effects associated with use of investigational new drug application regulations over the past 3 years. the drug, and the committee will then under 21 CFR part 312, and the In the Federal Register of January 21, report to FDA all adverse reactions associated information collections are 2020 (85 FR 3390), we published a 60- probably attributed to the use of the covered in OMB control number 0910– day notice requesting public comment radioactive drug. 0014. on the proposed collection of Section 361.1(f) sets forth labeling The primary purpose of this information. No comments were requirements for radioactive drugs. collection of information is to determine received. These requirements are not in the whether the research studies are being FDA estimates the burden of this reporting burden estimate because they conducted in accordance with required collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 12

Number of Total 21 CFR section and applicable form Number of responses per annual Average burden Total hours respondents respondent responses per response

§ 361.1(c)(3) reports and (c)(4) approval (Form FDA 62 1 62 1...... 62 2914: Membership Summary) 3. § 361.1(c)(3) reports (Form FDA 2915: Study Sum- 40 10 434 3.5...... 1,519 mary) 4. § 361.1(d)(8) adverse events ...... 10 1 10 .5 (30 minutes) .... 5

Total ...... 506 ...... 1,586 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers may not sum due to rounding. 3 https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM094979.pdf. 4 https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM074720.pdf.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 12

Number of Total Average 21 CFR section Number of records per annual burden per Total hours recordkeepers recordkeepers responses recordkeeping

§ 361.1(c)(2) RDRC ...... 62 4 248 10 ...... 2,480 § 361.1(d)(5) human research subjects ...... 40 10 434 .75 (45 minutes) .. 326

Total ...... 682 ...... 2,806 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers may not sum due to rounding.

We have adjusted our estimate for the DEPARTMENT OF HEALTH AND ACTION: Notice. information collection to reflect an HUMAN SERVICES annual decrease of 525 hours and 147 SUMMARY: The Food and Drug responses since last OMB review. This Food and Drug Administration Administration (FDA or Agency) is adjustment corresponds to fewer announcing an opportunity for public submissions we have received under the [Docket No. FDA–2010–N–0588] comment on the proposed collection of information collection over the last few certain information by the Agency. years. Agency Information Collection Under the Paperwork Reduction Act of Activities; Proposed Collection; 1995 (PRA), Federal Agencies are Dated: June 24, 2020. Comment Request; Exceptions or required to publish notice in the Lowell J. Schiller, Alternatives To Labeling Requirements Federal Register concerning each Principal Associate Commissioner for Policy. for Products Held by the Strategic proposed collection of information, [FR Doc. 2020–14262 Filed 7–1–20; 8:45 am] National Stockpile including each proposed extension of an BILLING CODE 4164–01–P existing collection of information, and AGENCY: Food and Drug Administration, to allow 60 days for public comment in Health and Human Services (HHS). response to the notice. This notice

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39915

solicits comments on the information information submitted, marked and White Flint North, 10A–12M, 11601 collection requirements related to the identified, as confidential, if submitted Landsdown St., North Bethesda, MD exceptions or alternatives to labeling as detailed in ‘‘Instructions.’’ 20852, 301–796–5733, PRAStaff@ requirements for products held by the Instructions: All submissions received fda.hhs.gov. Strategic National Stockpile (SNS). must include the Docket No. FDA– SUPPLEMENTARY INFORMATION: Under the 2010–N–0588 for ‘‘Exceptions or DATES: Submit either electronic or PRA (44 U.S.C. 3501–3521), Federal Alternatives to Labeling Requirements written comments on the collection of Agencies must obtain approval from the for Products Held by the Strategic information by August 31, 2020. Office of Management and Budget National Stockpile.’’ Received ADDRESSES: You may submit comments (OMB) for each collection of comments, those filed in a timely as follows: Please note that late, information they conduct or sponsor. manner (see ADDRESSES), will be placed untimely filed comments will not be ‘‘Collection of information’’ is defined in the docket and, except for those considered. Electronic comments must in 44 U.S.C. 3502(3) and 5 CFR submitted as ‘‘Confidential be submitted on or before August 31, 1320.3(c) and includes Agency requests Submissions,’’ publicly viewable at 2020. The https://www.regulations.gov or requirements that members of the https://www.regulations.gov or at the electronic filing system will accept public submit reports, keep records, or Dockets Management Staff between 9 comments until 11:59 p.m. Eastern Time provide information to a third party. a.m. and 4 p.m., Monday through at the end of August 31, 2020. Section 3506(c)(2)(A) of the PRA (44 Friday, 240–402–7500. Comments received by mail/hand U.S.C. 3506(c)(2)(A)) requires Federal • Confidential Submissions—To delivery/courier (for written/paper Agencies to provide a 60-day notice in submit a comment with confidential submissions) will be considered timely the Federal Register concerning each information that you do not wish to be if they are postmarked or the delivery proposed collection of information, made publicly available, submit your service acceptance receipt is on or including each proposed extension of an comments only as a written/paper before that date. existing collection of information, submission. You should submit two before submitting the collection to OMB Electronic Submissions copies total. One copy will include the for approval. To comply with this information you claim to be confidential Submit electronic comments in the requirement, FDA is publishing notice with a heading or cover note that states following way: of the proposed collection of • ‘‘THIS DOCUMENT CONTAINS Federal eRulemaking Portal: information set forth in this document. https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ The Agency will review this copy, including With respect to the following instructions for submitting comments. collection of information, FDA invites Comments submitted electronically, the claimed confidential information, in its consideration of comments. The comments on these topics: (1) Whether including attachments, to https:// the proposed collection of information www.regulations.gov will be posted to second copy, which will have the claimed confidential information is necessary for the proper performance the docket unchanged. Because your of FDA’s functions, including whether comment will be made public, you are redacted/blacked out, will be available for public viewing and posted on the information will have practical solely responsible for ensuring that your utility; (2) the accuracy of FDA’s comment does not include any https://www.regulations.gov. Submit both copies to the Dockets Management estimate of the burden of the proposed confidential information that you or a collection of information, including the third party may not wish to be posted, Staff. If you do not wish your name and contact information to be made publicly validity of the methodology and such as medical information, your or assumptions used; (3) ways to enhance anyone else’s Social Security number, or available, you can provide this information on the cover sheet and not the quality, utility, and clarity of the confidential business information, such information to be collected; and (4) as a manufacturing process. Please note in the body of your comments and you must identify this information as ways to minimize the burden of the that if you include your name, contact collection of information on information, or other information that ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed respondents, including through the use identifies you in the body of your of automated collection techniques, comments, that information will be except in accordance with 21 CFR 10.20 and other applicable disclosure law. For when appropriate, and other forms of posted on https://www.regulations.gov. information technology. • If you want to submit a comment more information about FDA’s posting with confidential information that you of comments to public dockets, see 80 Exceptions or Alternatives To Labeling do not wish to be made available to the FR 56469, September 18, 2015, or access Requirements for Products Held by the public, submit the comment as a the information at: https:// Strategic National Stockpile written/paper submission and in the www.govinfo.gov/content/pkg/FR-2015- 09-18/pdf/2015-23389.pdf. OMB Control Number 0910–0614— manner detailed (see ‘‘Written/Paper Extension Submissions’’ and ‘‘Instructions’’). Docket: For access to the docket to read background documents or the Under the Public Health Service Act Written/Paper Submissions electronic and written/paper comments (PHS Act), the Department of Health Submit written/paper submissions as received, go to https:// and Human Services stockpiles medical follows: www.regulations.gov and insert the products that are essential to the health • Mail/Hand Delivery/Courier (for docket number, found in brackets in the security of the Nation (see 42 U.S.C. written/paper submissions): Dockets heading of this document, into the 247d–6b). This collection of medical Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts products for use during national health Drug Administration, 5630 Fishers and/or go to the Dockets Management emergencies, known as the SNS, is to Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, provide for the emergency health • For written/paper comments Rockville, MD 20852, 240–402–7500. security of the United States, including submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: the emergency health security of Staff, FDA will post your comment, as Domini Bean, Office of Operations, children and other vulnerable well as any attachments, except for Food and Drug Administration, Three populations, in the event of a

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39916 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

bioterrorist attack or other public health packing, relabeling, or repackaging), approval), or 21 CFR 807.81 (medical emergency. distributes, or stores such products that devices subject to 510(k) clearance It may be appropriate for certain are or will be included in the SNS may requirements)). The information medical products that are or will be submit, with written concurrence from collection provisions in §§ 314.70, held in the SNS to be labeled in a a SNS official, a written request for an 601.12, 807.81, and 814.39 have been manner that would not comply with exception or alternative to certain approved under OMB control numbers certain FDA labeling regulations given labeling requirements to the appropriate 0910–0001, 0910–0338, 0910–0120, and their anticipated circumstances of use in FDA Center Director. Except when 0910–0231 respectively. On a case-by- an emergency. However, noncompliance initiated by an FDA Center Director, a case basis, the appropriate FDA Center with these labeling requirements could request for an exception or alternative Director may also determine when an render such products misbranded under must be in writing and must: exception or alternative is granted that section 502 of the Federal Food, Drug, • Identify the specified lots, batches, certain safeguards and conditions are and Cosmetic Act (21 U.S.C. 352). or other units of the affected product; appropriate, such as additional labeling Under 21 CFR 201.26, 610.68, • identify the specific labeling on the SNS products, so that the 801.128, and 809.11 (§§ 201.26, 610.68, provisions under the regulations that are labeling of such products would include 801.128, and 809.11), the appropriate the subject of the request; information needed for safe and FDA Center Director may grant a request • explain why compliance with the effective use under the anticipated for an exception or alternative to certain specified labeling provisions could circumstances of use. regulatory provisions pertaining to the adversely affect the safety, effectiveness, Respondents to this collection of labeling of human drugs, biological or availability of the product subject to information are entities that products, medical devices, and in vitro the request; manufacture (including labeling, diagnostics that currently are or will be • describe any proposed safeguards or packing, relabeling, or repackaging), included in the SNS if certain criteria conditions that will be implemented so distribute or store affected SNS are met. The appropriate FDA Center that the labeling of the product includes products. Based on data from fiscal Director may grant an exception or appropriate information necessary for years 2017, 2018, and 2019, FDA alternative to certain FDA labeling the safe and effective use of the product estimates an average of one request requirements if compliance with these given the anticipated circumstances of annually for an exception or alternative labeling requirements could adversely use of the product; affect the safety, effectiveness, or • provide copies of the proposed received by FDA. FDA estimates an availability of products that are or will labeling of the specified lots, batches or average of 24 hours preparing each be included in the SNS. An exception other units of the affected product that request. The average burden per or alternative granted under the will be subject to the exception or response for each submission is based regulations may include conditions or alternative; and on the estimated time that it takes to safeguards so that the labeling for such • provide any other information prepare a supplement to an application, products includes appropriate requested by the FDA Center Director in which may be considered similar to a information necessary for the safe and support of the request. request for an exception or alternative. effective use of the product given the If the request is granted, the To the extent that labeling changes not product’s anticipated circumstances of manufacturer may need to report to FDA already required by FDA regulations are use. Any grant of an exception or any resulting changes to the new drug made in connection with an exception alternative will only apply to the application, biologics license or alternative granted under the specified lots, batches, or other units of application, premarket approval regulations, FDA is estimating one medical products in the request. The application, or premarket notification occurrence annually in the event FDA appropriate FDA Center Director may (510(k)) in effect, if any. The submission would require any additional labeling also grant an exception or alternative to and grant of an exception or an changes not already covered by FDA the labeling provisions specified in the alternative to the labeling requirements regulations. FDA estimates 8 hours to regulations on his or her own initiative. specified in the regulations may be used develop and revise the labeling to make Under §§ 201.26(b)(1)(i) (human drug to satisfy certain reporting obligations such changes. The average burden per products), 610.68(b)(1)(i) (biological relating to changes to product response for each submission is based products), 801.128(b)(1)(i) (medical applications under §§ 314.70, 601.12, on the estimated time to develop and devices), and 809.11(b)(1)(i) (in vitro 814.39, and 807.81 (21 CFR 314.70 revise the labeling to make such diagnostic products for human use) an (human drugs), 21 CFR 601.12 changes. SNS official or any entity that (biological products), 21 CFR 814.39 FDA estimates the burden of this manufactures (including labeling, (medical devices subject to premarket collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Average Number of Number of Total burden per 21 CFR section respondents responses per annual response Total hours respondent responses (in hours)

201.26(b)(1)(i), 610.68(b)(1)(i), 801.128(b)(1)(i), and 809.11(b)(1)(i) ...... 1 1 1 24 24 201.26(b)(1)(i), 610.68(b)(1)(i), 801.128(b)(1)(i), and 809.11(b)(1)(i) ...... 1 1 1 8 8

Total ...... 32 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39917

Consistent with the PRA, our current has submitted the following proposed currently is approved under OMB estimate of the burden of the collection of information to OMB for control number 0910–0539. information collection is based on our review and clearance. Sponsors of abbreviated new animal evaluation over the past 3 years. drug applications also prepare and Reporting Associated With Animal However, in light of recent consumption submit user fee cover sheets. The Drug and Animal Generic Drug User of products from the SNS, we expect Animal Generic Drug User Fee cover Fees—21 U.S.C. 379j–12 and 379j–21 future adjustments may be necessary sheet (Form FDA 3728) similarly is and invite specific comment in this OMB Control Numbers 0910–0540— designed to collect the minimum regard. Extension necessary information to determine whether a fee is required for review of Dated: June 24, 2020. This information collection supports an application, to determine the amount FDA’s animal drug and animal generic Lowell J. Schiller, of the fee required, and to ensure that drug user fee programs. The Animal Principal Associate Commissioner for Policy. each animal generic drug user fee Drug User Fee Act of 2003 (ADUFA) [FR Doc. 2020–14267 Filed 7–1–20; 8:45 am] payment is appropriately linked to the (Pub. L. 108–130) amended the Federal BILLING CODE 4164–01–P abbreviated new animal drug Food, Drug, and Cosmetic Act (FD&C application for which payment is made. Act) by adding section 740 of the FD&C The form, when completed Act (21 U.S.C 379j–12), which requires DEPARTMENT OF HEALTH AND electronically, results in the generation that FDA assess and collect user fees HUMAN SERVICES of a unique payment identification with respect to new animal drug number used by FDA to track the Food and Drug Administration applications for certain applications, payment. The information collected is products, establishments, and sponsors. [Docket No. FDA–2020–N–0145] used by CVM to initiate the It also requires the Agency to grant a administrative screening of abbreviated Agency Information Collection waiver from, or a reduction of, those new animal drug applications. The Activities; Submission for Office of fees in certain circumstances. The information collection associated with Management and Budget Review; Animal Generic Drug User Fee Act of the Animal Generic Drug User Fee cover Comment Request; Reporting 2008 (AGDUFA) (Pub. L. 110–316) sheet currently is approved under OMB Associated With Animal Drug and added section 741 of the FD&C Act (21 control number 0910–0632. Animal Generic Drug User Fees U.S.C. 379j–21), which establishes three FDA has also developed a guidance different kinds of user fees: (1) Fees for for industry (GFI) #170 entitled ‘‘Animal AGENCY: Food and Drug Administration, certain types of abbreviated applications Drug User Fees and Fee Waivers and Health and Human Services (HHS). for generic new animal drugs; (2) annual Reductions.’’ This guidance provides ACTION: Notice. fees for certain generic new animal drug guidance on the types of fees FDA is products; and (3) annual fees for certain authorized to collect under section 740 SUMMARY: The Food and Drug sponsors of abbreviated applications for Administration (FDA) is announcing of the FD&C Act, and how to request generic new animal drugs and/or waivers and reductions from these fees. that a proposed collection of investigational submissions for generic Further, this guidance also describes information has been submitted to the new animal drugs (21 U.S.C. 379j– what information FDA recommends be Office of Management and Budget 21(a)). On August 14, 2018, H.R. 5554, submitted in support of a request for a (OMB) for review and clearance under the Animal Drug and Animal Generic fee waiver or reduction; how to submit the Paperwork Reduction Act of 1995. Drug User Fee Amendments of 2018, such a request; and FDA’s process for DATES: Submit written comments was signed into law to reauthorize the reviewing requests. FDA uses the (including recommendations) on the ADUFA and AGDUFA programs information submitted by respondents collection of information by August 3, administered by FDA. to determine whether to grant the 2020. Sponsors of new animal drug requested fee waiver or reduction. The ADDRESSES: To ensure that comments on applications prepare and submit user information collection associated with the information collection are received, fee cover sheets. The Animal Drug User GFI #170 currently is approved under OMB recommends that written Fee cover sheet (Form FDA 3546) is OMB control number 0910–0540. comments be submitted to https:// designed to collect the minimum The information collection provisions www.reginfo.gov/public/do/PRAMain. necessary information to determine approved under OMB control numbers Find this particular information whether a fee is required for the review 0910–0539, 0910–0540, and 0910–0632 collection by selecting ‘‘Currently under of an application or supplement or are similar in that they support FDA’s Review—Open for Public Comments’’ or whether an application fee waiver was animal drug and animal generic drug by using the search function. The OMB granted, to determine the amount of the user fee programs. Thus, with this control number for this information fee required, and to ensure that each notice, FDA proposes to consolidate collection is 0910–0540. Also include animal drug user fee payment is these collections of information into one the FDA docket number found in appropriately linked to the animal drug OMB control number for government brackets in the heading of this application for which payment is made. efficiency and to allow the public to document. The form, when completed look to one OMB control number for all electronically, results in the generation reporting associated with FDA’s animal FOR FURTHER INFORMATION CONTACT: Ila of a unique payment identification drug and animal generic drug user fee S. Mizrachi, Office of Operations, Food number used by FDA to track the programs. Because we are proposing to and Drug Administration, Three White payment. The information collected is combine all reporting associated with Flint North, 10A–12M, 11601 used by FDA’s Center for Veterinary FDA’s animal drug user fees into one Landsdown St., North Bethesda, MD Medicine (CVM) to initiate the collection, we are consolidating the 20852, 301–796–7726, PRAStaff@ administrative screening of new animal burden under OMB control number fda.hhs.gov. drug applications and supplements. The 0910–0540 and discontinuing OMB SUPPLEMENTARY INFORMATION: In information collection associated with control numbers 0910–0539 and 0910– compliance with 44 U.S.C. 3507, FDA the Animal Drug User Fee cover sheet 0632.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39918 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Description of Respondents: responsible for paying or potentially day notice requesting public comment Respondents to this collection of responsible for paying any of the animal on the proposed collection of information are new animal drug drug user fees assessed, including information. No comments were applicants and abbreviated new animal application fees, product fees, received. drug applicants. In addition, requests establishment fees, or sponsor fees. FDA estimates the burden of this for waivers or reductions of user fees In the Federal Register of January 23, collection of information as follows: may be submitted by a person 2020 (85 FR 3929), we published a 60- TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Total FD&C act section; activity FDA form No. Number of responses per annual Average burden Total hours respondents respondent responses per response

User Fee Cover Sheets, by Type

740(a)(1); Animal Drug User Fee Cover Sheet ...... FDA 3546 ...... 21 1 21 1 ...... 21 741; Animal Generic Drug User Fee Cover Sheet .. FDA 3728 ...... 20 2 40 0.08 (5 minutes) ...... 3

Waivers and Other Requests, by Type

740(d)(1)(A); significant barrier to innovation ...... N/A ...... 55 1 55 2 ...... 110 740(d)(1)(B); fees exceed cost ...... N/A ...... 8 3.75 30 0.5 (30 minutes) ...... 15 740(d)(1)(C); free-choice feeds ...... N/A ...... 5 1 5 2 ...... 10 740(d)(1)(D); minor use or minor species ...... N/A ...... 69 1 69 2 ...... 138 740(d)(1)(E); small business ...... N/A ...... 1 1 1 2 ...... 2 Request for reconsideration of a decision ...... N/A ...... 1 1 1 2 ...... 2 Request for review (user fee appeal officer) ...... N/A ...... 1 1 1 2 ...... 2

Total ...... 303 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

For the purpose of this consolidation, Dated: June 24, 2020. Drug Administration, 10903 New we rely on our previous estimates of the Lowell J. Schiller, Hampshire Ave., Bldg. 51, Rm. 6213, number of user fee cover sheet and Principal Associate Commissioner for Policy. Silver Spring, MD 20993–0002, 301– waiver and other request submissions. [FR Doc. 2020–14263 Filed 7–1–20; 8:45 am] 796–9120, [email protected]. We estimate 21 respondents will each BILLING CODE 4164–01–P SUPPLEMENTARY INFORMATION: In 1984, submit 1 Animal Drug User Fee cover Congress enacted the Drug Price sheet (Form FDA 3546) for a total of 21 Competition and Patent Term responses. We estimate 20 respondents DEPARTMENT OF HEALTH AND Restoration Act of 1984 (Pub. L. 98–417) will each submit 2 Animal Generic Drug HUMAN SERVICES (the 1984 amendments), which User Fee cover sheets (Form FDA 3728) authorized the approval of duplicate Food and Drug Administration for a total of 40 responses. Our estimate versions of drug products under an of the number of waiver and other [Docket No. FDA–2020–P–1072] ANDA procedure. ANDA applicants request submissions is detailed in table must, with certain exceptions, show that 1. These estimates are consistent with Determination That ZOVIRAX the drug for which they are seeking our previous estimates except for the (Acyclovir) Oral Capsules, 200 approval contains the same active ingredient in the same strength and row labeled, Request for review (user fee Milligrams, Was Not Withdrawn From dosage form as the ‘‘listed drug,’’ which appeal officer), for which we have Sale for Reasons of Safety or Effectiveness is a version of the drug that was increased the estimated number of previously approved. ANDA applicants respondents from zero to one and the AGENCY: Food and Drug Administration, do not have to repeat the extensive average burden per response from 0 to HHS. clinical testing otherwise necessary to 2 hours to correct the error in our ACTION: Notice. gain approval of a new drug application previous submission. We base our (NDA). estimates of the average burden per SUMMARY: The Food and Drug The 1984 amendments include what response on our experience with the Administration (FDA or Agency) has is now section 505(j)(7) of the Federal submission of similar cover sheets and determined that ZOVIRAX (acyclovir) Food, Drug, and Cosmetic Act (21 U.S.C. waiver and other requests. oral capsules, 200 milligrams (mg), was 355(j)(7)), which requires FDA to not withdrawn from sale for reasons of The information collection reflects an publish a list of all approved drugs. safety or effectiveness. This increase in burden by an additional 26 FDA publishes this list as part of the determination means that FDA will not ‘‘Approved Drug Products With hours and 62 responses due to the begin procedures to withdraw approval consolidation of the information Therapeutic Equivalence Evaluations,’’ of abbreviated new drug applications which is known generally as the collections covered by OMB control (ANDAs) that refer to this drug product, ‘‘Orange Book.’’ Under FDA regulations, numbers 0910–0539, ‘‘Animal Drug and it will also allow FDA to continue drugs are removed from the list if the User Fee Cover Sheet,’’ and 0910–0632, to approve ANDAs that refer to the Agency withdraws or suspends ‘‘Animal Generic Drug User Fee Cover product as long as they meet relevant approval of the drug’s NDA or ANDA Sheet’’ and the correction of the error in legal and regulatory requirements. for reasons of safety or effectiveness or our previous submission. FOR FURTHER INFORMATION CONTACT: if FDA determines that the listed drug Jessica Tierney, Center for Drug was withdrawn from sale for reasons of Evaluation and Research, Food and safety or effectiveness (21 CFR 314.162).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39919

A person may petition the Agency to this drug may also be approved by the granted CMS an extension until July 31, determine, or the Agency may Agency as long as they meet all other 2020, to fully populate the database. determine on its own initiative, whether legal and regulatory requirements for Dated: June 29, 2020. a listed drug was withdrawn from sale the approval of ANDAs. If FDA Wilma M. Robinson, for reasons of safety or effectiveness. determines that labeling for this drug This determination may be made at any Deputy Executive Secretary, Department of product should be revised to meet Health and Human Services. time after the drug has been withdrawn current standards, the Agency will from sale, but must be made prior to advise ANDA applicants to submit such [FR Doc. 2020–14433 Filed 7–1–20; 8:45 am] approving an ANDA that refers to the labeling. BILLING CODE 4150–03–P listed drug (§ 314.161 (21 CFR 314.161)). Dated: June 23, 2020. FDA may not approve an ANDA that Lowell J. Schiller, does not refer to a listed drug. DEPARTMENT OF HOMELAND ZOVIRAX (acyclovir) oral capsules, Principal Associate Commissioner for Policy. SECURITY 200 mg, is the subject of NDA 018828, [FR Doc. 2020–14269 Filed 7–1–20; 8:45 am] held by Mylan Pharmaceuticals Inc., BILLING CODE 4164–01–P Federal Emergency Management and initially approved on January 25, Agency 1985. ZOVIRAX is indicated for the [Docket ID FEMA–2020–0002] acute treatment of herpes zoster DEPARTMENT OF HEALTH AND (shingles), the treatment of initial HUMAN SERVICES Changes in Flood Hazard episodes and the management of Determinations recurrent episodes of genital herpes, and Office of the Secretary the treatment of chickenpox (varicella). AGENCY: Federal Emergency Promoting the Rule of Law Through Management Agency, DHS. ZOVIRAX (acyclovir) oral capsules, Improved Agency Guidance 200 mg, is currently listed in the ACTION: Notice. Documents ‘‘Discontinued Drug Product List’’ SUMMARY: New or modified Base (1- section of the Orange Book. Yiling AGENCY: Office of the Secretary, percent annual chance) Flood Pharmaceuticals Ltd. submitted a Department of Health and Human Elevations (BFEs), base flood depths, citizen petition dated March 10, 2020 Services. Special Flood Hazard Area (SFHA) (Docket No. FDA–2020–P–1072), under ACTION: Notice. 21 CFR 10.30, requesting that the boundaries or zone designations, and/or regulatory floodways (hereinafter Agency determine whether ZOVIRAX SUMMARY: On October 9, 2019, the referred to as flood hazard (acyclovir) oral capsules, 200 mg, was President issued Executive Order (E.O.) determinations) as shown on the withdrawn from sale for reasons of 13891: Promoting the Rule of Law indicated Letter of Map Revision safety or effectiveness. Through Improved Agency Guidance (LOMR) for each of the communities After considering the citizen petition Documents. This E.O. requires all listed in the table below are finalized. and reviewing Agency records and Federal agencies to establish an on-line Each LOMR revises the Flood Insurance based on the information we have at this guidance portal and to rescind any Rate Maps (FIRMs), and in some cases time, FDA has determined under guidance documents that are no longer the Flood Insurance Study (FIS) reports, § 314.161 that ZOVIRAX (acyclovir) oral active or valid. capsules, 200 mg, was not withdrawn currently in effect for the listed FOR FURTHER INFORMATION CONTACT: for reasons of safety or effectiveness. communities. The flood hazard The petitioner has identified no data or Samuel Shipley, Executive Secretariat, determinations modified by each LOMR other information suggesting that at [email protected] or (202) 690–5627. will be used to calculate flood insurance ZOVIRAX (acyclovir) oral capsules, 200 SUPPLEMENTARY INFORMATION: The Office premium rates for new buildings and mg, was withdrawn for reasons of safety of Management and Budget (OMB) their contents. or effectiveness. We have carefully granted the Department of Health and DATES: Each LOMR was finalized as in reviewed our files for records Human Services (HHS) an extension on the table below. February 27, 2020, allowing HHS until concerning the withdrawal of ZOVIRAX ADDRESSES: Each LOMR is available for August 31, 2020, to establish its (acyclovir) oral capsules, 200 mg, from inspection at both the respective guidance portal. This extension request sale. We have also independently Community Map Repository address can be found at: https://www.hhs.gov/ evaluated relevant literature and data listed in the table below and online sites/default/files/eo-13891-extension- for possible postmarketing adverse through the FEMA Map Service Center request-2-27-20r.pdf. events. We have reviewed the available at https://msc.fema.gov. evidence and determined that this drug Consistent with the E.O. and FOR FURTHER INFORMATION CONTACT: Rick product was not withdrawn from sale subsequent extension, this document Sacbibit, Chief, Engineering Services for reasons of safety or effectiveness. advises the public that HHS has Accordingly, the Agency will comprehensively reviewed its guidance Branch, Federal Insurance and continue to list ZOVIRAX (acyclovir) documents, determined which have Mitigation Administration, FEMA, 400 oral capsules, 200 mg, in the continued effect, and is making them C Street SW, Washington, DC 20472, ‘‘Discontinued Drug Product List’’ available on https://www.hhs.gov/ (202) 646–7659, or (email) section of the Orange Book. The guidance. [email protected]; or visit ‘‘Discontinued Drug Product List’’ This guidance portal includes all the FEMA Mapping and Insurance eXchange (FMIX) online at https:// delineates, among other items, drug active guidance documents from across _ products that have been discontinued the HHS’s 27 Operating and Staff www.floodmaps.fema.gov/fhm/fmx from marketing for reasons other than Divisions. Please note: While many of main.html. safety or effectiveness. FDA will not the Centers for Medicare & Medicaid SUPPLEMENTARY INFORMATION: The begin procedures to withdraw approval Services’ (CMS) active guidance Federal Emergency Management Agency of approved ANDAs that refer to this documents are included here, this does (FEMA) makes the final flood hazard drug product. Additional ANDAs for not reflect CMS’s full inventory. OMB determinations as shown in the LOMRs

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39920 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

for each community listed in the table floodplain management measures that floodplain management requirements of below. Notice of these modified flood the community is required either to the NFIP and are used to calculate the hazard determinations has been adopt or to show evidence of being appropriate flood insurance premium published in newspapers of local already in effect in order to remain rates for new buildings, and for the circulation and 90 days have elapsed qualified for participation in the contents in those buildings. The since that publication. The Deputy National Flood Insurance Program changes in flood hazard determinations Associate Administrator for Insurance (NFIP). are in accordance with 44 CFR 65.4. and Mitigation has resolved any appeals This new or modified flood hazard Interested lessees and owners of real resulting from this notification. information, together with the property are encouraged to review the The modified flood hazard floodplain management criteria required final flood hazard information available determinations are made pursuant to by 44 CFR 60.3, are the minimum that at the address cited below for each section 206 of the Flood Disaster are required. They should not be community or online through the FEMA Protection Act of 1973, 42 U.S.C. 4105, construed to mean that the community Map Service Center at https:// and are in accordance with the National must change any existing ordinances msc.fema.gov. Flood Insurance Act of 1968, 42 U.S.C. that are more stringent in their 4001 et seq., and with 44 CFR part 65. floodplain management requirements. (Catalog of Federal Domestic Assistance No. For rating purposes, the currently The community may at any time enact 97.022, ‘‘Flood Insurance.’’) effective community number is shown stricter requirements of its own or Michael M. Grimm, and must be used for all new policies pursuant to policies established by other Assistant Administrator for Risk and renewals. Federal, State, or regional entities. Management, Department of Homeland The new or modified flood hazard This new or modified flood hazard Security, Federal Emergency Management information is the basis for the determinations are used to meet the Agency.

Location and Chief executive Community map Date of Community State and county case No. officer of community repository modification No.

Alaska: Juneau City and Borough of The Honorable Beth Weldon, Mayor, Community Development De- May 26, 2020 ...... 020009 (FEMA Docket No.: Juneau (19–10– City and Borough of Juneau, 155 partment, 155 South Seward B–2021). 1198P). South Seward Street, Juneau, AK Street, Juneau, AK 99801. 99801. Colorado: Arapahoe (FEMA City of Aurora (19– The Honorable Bob LeGare, Mayor, City Engineering Department, 15151 May 15, 2020 ...... 080002 Docket No.: B– 08–0618P). of Aurora, 15151 East Alameda Park- East Alameda Parkway, Au- 2008). way, Aurora, CO 80012. rora, CO 80012. Arapahoe (FEMA City of Centennial The Honorable Stephanie Piko, Mayor, Southeast Metro Stormwater May 15, 2020 ...... 080315 Docket No.: B– (19–08–0618P). City of Centennial, 13133 East Authority, 76 Inverness Drive 2008). Arapahoe Road, Centennial, CO East, Suite A, Englewood, CO 80112. 80112. Arapahoe (FEMA Unincorporated The Honorable Jeff Baker, Chairman, Arapahoe County Public Works May 15, 2020 ...... 080011 Docket No.: B– areas of Arapahoe County Board of Commis- and Development Depart- 2008). Arapahoe County sioners, 5334 South Prince Street, ment, 6924 South Lima (19–08–0618P). Littleton, CO 80120. Street, Centennial, CO 80112. Broomfield City and County of The Honorable Patrick Quinn, Mayor, Engineering Department, 1 May 29, 2020 ...... 085073 (FEMA Docket Broomfield (19– City and County of Broomfield, 1 DesCombes Drive, Broom- No.: B–2016). 08–0385P). DesCombes Drive, Broomfield, CO field, CO 80020. 80020. Broomfield City and County of The Honorable Patrick Quinn, Mayor, Engineering Department, 1 May 22, 2020 ...... 085073 (FEMA Docket Broomfield (19– City and County of Broomfield, 1 DesCombes Drive, Broom- No.: B–2016). 08–0494P). DesCombes Drive, Broomfield, CO field, CO 80020. 80020. Jefferson (FEMA City of Westminster The Honorable Herb Atchison, Mayor, City Hall, 4800 West 92nd Ave- May 22, 2020 ...... 080008 Docket No.: B– (19–08–0494P). City of Westminster, 4800 West 92nd nue, Westminster, CO 80031. 2016). Avenue, Westminster, CO 80031. Douglas (FEMA Unincorporated The Honorable Roger A. Partridge, Public Works Engineering Divi- May 15, 2020 ...... 080049 Docket No.: B– areas of Douglas Chairman, Douglas County Board of sion, 100 3rd Street, Castle 2008). County (19–08– Commissioners, 100 3rd Street, Cas- Rock, CO 80104. 0888P). tle Rock, CO 80104. Connecticut: Fairfield (FEMA Town of Greenwich The Honorable Peter J. Tesei, First Se- Planning and Zoning Depart- May 26, 2020 ...... 090008 Docket No.: B– (19–01–1421P). lectman, Town of Greenwich Board of ment, 101 Field Point Road, 2021). Selectmen, 101 Field Point Road, Greenwich, CT 06830. Greenwich, CT 06830. New Haven Town of Cheshire The Honorable Rob Oris, Jr., Chairman, Town Hall, 84 South Main May 15, 2020 ...... 090074 (FEMA Docket (20–01–0003P). Town of Cheshire Council, 84 South Street, Cheshire, CT 06410. No.: B–2016). Main Street, Cheshire, CT 06410. Florida: Collier (FEMA City of Marco Island Mr. Michael T. McNees, City of Marco Building Services Department, May 29, 2020 ...... 120426 Docket No.: B– (20–04–0464P). Island Manager, 50 Bald Eagle Drive, 50 Bald Eagle Drive, Marco 2021). Marco Island, FL 34145. Island, FL 34145. Hillsborough City of Tampa (19– The Honorable Jane Castor, Mayor, City Development Services Depart- May 18, 2020 ...... 120114 (FEMA Docket 04–6204P). of Tampa, 306 East Jackson Street, ment, 1400 North Boulevard, No.: B–2008). Tampa, FL 33602. Tampa, FL 33607. Monroe (FEMA Village of The Honorable Mike Forster, Mayor, Vil- Building Department, 86800 May 28, 2020 ...... 120424 Docket No.: B– Islamorada (20– lage of Islamorada, 86800 Overseas Overseas Highway, 2021). 04–0305P). Highway, Islamorada, FL 33036. Islamorada, FL 33036. Wakulla (FEMA Unincorporated The Honorable Mike Stewart, Chairman, Wakulla County Planning and Jun. 5, 2020 ...... 120315 Docket No.: B– areas of Wakulla Wakulla County Board of Commis- Community Development De- 2016). County (19–04– sioners, 3093 Crawfordville Highway, partment, 3093 Crawfordville 3034P). Crawfordville, FL 32327. Highway, Crawfordville, FL 32327.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39921

Location and Chief executive Community map Date of Community State and county case No. officer of community repository modification No.

Georgia: Cherokee Unincorporated The Honorable Harry Johnston, Chair- Cherokee County Engineering May 15, 2020 ...... 130424 (FEMA Docket No.: areas of Cher- man, Cherokee County Board of Com- Department, 1130 Bluffs Park- B–2016). okee County (19– missioners, 1130 Bluffs Parkway, way, Canton, GA 30114. 04–4793P). Canton, GA 30114. Massachusetts: Town of Nahant The Honorable Richard Lombard, Chair- Public Works Department, 334 May 12, 2020 ...... 250095 Essex (FEMA (19–01–1429P). man, Town of Nahant Board of Select- Nahant Road, Nahant, MA Docket No.: B– men, 334 Nahant Road, Nahant, MA 01908. 2016). 01908. Michigan: Washtenaw City of Ann Arbor The Honorable Christopher Taylor, City Hall, 301 East Huron May 22, 2020 ...... 260213 (FEMA Docket No.: (19–05–2230P). Mayor, City of Ann Arbor, 301 East Street, Ann Arbor, MI 48107. B–2016). Huron Street, Ann Arbor, MI 48107. New Mexico: Santa City of Santa Fe The Honorable Alan Webber, Mayor, Building Permits Department, May 20, 2020 ...... 350070 Fe (FEMA Docket (19–06–2643P). City of Santa Fe, 200 Lincoln Avenue, 200 Lincoln Avenue, Santa No.: B–2016). Santa Fe, NM 87504. Fe, NM 87504. North Carolina: Martin Town of Williamston The Honorable Joyce Whichard-Brown, Planning and Zoning Depart- May 14, 2020 ...... 370157 (FEMA Docket No.: (19–04–2709P). Mayor, Town of Williamston, P.O. Box ment, 102 East Main Street, B–2016). 506, Williamston, NC 27892. Williamston, NC 27892. Oklahoma: Canadian City of El Reno (19– The Honorable Matt White, Mayor, City City Hall, 101 North Choctaw May 14, 2020 ...... 405377 (FEMA Docket No.: 06–2199P). of El Reno, P.O. Drawer 700, El Avenue, El Reno, OK 73036. B–2016). Reno, OK 73036. Pennsylvania: Ches- Township of West Mr. Casey LaLonde, Township of West Township Hall, 1025 Paoli Pike, Jun. 8, 2020 ...... 420293 ter (FEMA Docket Goshen (19–03– Goshen Manager, 1025 Paoli Pike, West Chester, PA 19380. No.: B–2016). 1653P). West Chester, PA 19380. South Carolina: Unincorporated Mr. Sel Hemingway, Georgetown County Georgetown County Building Jun. 4, 2020 ...... 450085 Georgetown (FEMA areas of George- Administrator, 716 Prince Street, Department, 129 Screven Docket No.: B– town County (19– Georgetown, SC 29440. Street, Georgetown, SC 2016). 04–6326P). 29440. Texas: Bexar (FEMA City of San Antonio The Honorable Ron Nirenberg, Mayor, Transportation and Capitol Im- May 18, 2020 ...... 480045 Docket No.: B– (19–06–1791P). City of San Antonio, P.O. Box 839966, provements Department, 2021). San Antonio, TX 78283. Storm Water Division, 114 West Commerce Street, 7th Floor, San Antonio, TX 78204. Bexar (FEMA Unincorporated The Honorable Nelson W. Wolff, Bexar Bexar County Public Works De- May 18, 2020 ...... 480035 Docket No.: B– areas of Bexar County Judge, 101 West Nueva partment, 1948 Probandt 2021). County (19–06– Street, 10th Floor, San Antonio, TX Street, San Antonio, TX 1791P). 78205. 78214. Collin (FEMA City of Celina (19– The Honorable Sean Terry, Mayor, City City Hall, 142 North Ohio Street, May 18, 2020 ...... 480133 Docket No.: B– 06–2325P). of Celina, 142 North Ohio Street, Celina, TX 75009. 2008). Celina, TX 75009. Collin (FEMA Unincorporated The Honorable Chris Hill, Collin County Collin County Engineering De- May 18, 2020 ...... 480130 Docket No.: B– areas of Collin Judge, 2300 Bloomdale Road, Suite partment, 4690 Community 2008). County (19–06– 4192, McKinney, TX 75071. Avenue, Suite 200, McKinney, 2325P). TX 75071. McLennan City of McGregor The Honorable James S. Hering, Mayor, City Hall, 302 South Madison May 19, 2020 ...... 480459 (FEMA Docket (19–06–1286P). City of McGregor, 302 South Madison Avenue, McGregor, TX No.: B–2016). Avenue, McGregor, TX 76657. 76657. McLennan Unincorporated The Honorable Scott M. Felton, McLennan County Engineering May 19, 2020 ...... 480456 (FEMA Docket areas of McLennan County Judge, 501 Wash- and Mapping Department, 215 No.: B–2016). McLennan County ington Avenue, Suite 214, Waco, TX North 5th Street, Suite 130, (19–06–1286P). 76701. Waco, TX 76701. Tarrant (FEMA City of Fort Worth The Honorable Betsy Price, Mayor, City Transportation and Public Works May 18, 2020 ...... 480596 Docket No.: B– (19–06–2910P). of Fort Worth, 200 Texas Street, Fort Department, 200 Texas 2016). Worth, TX 76102. Street, Fort Worth, TX 76102. Travis (FEMA City of Manor (19– The Honorable Larry Wallace, Jr., City Hall, 105 East Eggleston Jun. 1, 2020 ...... 481027 Docket No.: B– 06–2660P). Mayor, City of Manor, P.O. Box 387, Street, Manor, TX 78653. 2016). Manor, TX 78653. Travis (FEMA Unincorporated The Honorable Sarah Eckhardt, Travis Travis County Transportation Jun. 1, 2020 ...... 481026 Docket No.: B– areas of Travis County Judge, P.O. Box 1748, Austin, and Natural Resources De- 2016). County (19–06– TX 78767. partment, 700 Lavaca Street, 2660P). 5th Floor, Austin, TX 78701. Utah: Wasatch (FEMA Town of Wallsburg The Honorable Celeni Richins, Mayor, Town Hall, 70 West Main Street, May 28, 2020 ...... 490168 Docket No.: B– (19–08–0779P). Town of Wallsburg, 70 West Main Wallsburg, UT 84082. 2016). Street, Wallsburg, UT 84082. Wasatch (FEMA Unincorporated Mr. Mike Davis, Wasatch County Man- Wasatch County Community May 28, 2020 ...... 490164 Docket No.: B– areas of Wasatch ager, 25 North Main Street, Heber Services Department, 55 2016). County (19–08– City, UT 84032. South 500 East, Heber City, 0779P). UT 84032.

[FR Doc. 2020–14314 Filed 7–1–20; 8:45 am] BILLING CODE 9110–12–P

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39922 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

DEPARTMENT OF HOMELAND Street SW, Room 8NE, Washington, DC ongoing basis, flood insurance rate maps SECURITY 20472–3100. and flood risk identification; (4) Instructions: All submissions received [Docket ID FEMA–2014–0022] procedures for delegating mapping must include the words ‘‘Federal activities to State and local mapping Technical Mapping Advisory Council; Emergency Management Agency’’ and partners; and (5) (a) methods for Meeting the docket number for this action. improving interagency and Comments received will be posted intergovernmental coordination on AGENCY: Federal Emergency without alteration at http:// flood mapping and flood risk Management Agency, DHS. www.regulations.gov, including any determination, and (b) a funding ACTION: Committee Management; Notice personal information provided. strategy to leverage and coordinate of Federal Advisory Committee Meeting. Docket: For docket access to read budgets and expenditures across Federal background documents or comments SUMMARY: The Federal Emergency received by the TMAC, go to http:// agencies. Furthermore, the TMAC is Management Agency (FEMA) Technical www.regulations.gov and search for the required to submit an annual report to Mapping Advisory Council (TMAC) will Docket ID FEMA–2014–0022. the FEMA Administrator that contains: hold a virtual meeting on Monday July A public comment period will be held (1) A description of the activities of the 27th, 2020 and Tuesday July 28th, 2020. on Monday July 27th, 2020 from 12:00 Council; (2) an evaluation of the status The meeting will be open to the public p.m. to 12:30 p.m. ET and Tuesday July and performance of flood insurance rate via a Zoom Video Communications link 28th, 2020 from 12:00 p.m. to 12:30 p.m. maps and mapping activities to revise and conference line. ET. Speakers have been asked to and update Flood Insurance Rate Maps; DATES: The TMAC will meet on Monday provide comment on topics related to and (3) a summary of recommendations July 27th, 2020 and Tuesday July 28th, the 2020 Tasking Memo that was made by the Council to the FEMA 2020 from 10:00 a.m. to 4:00 p.m. presented to the TMAC by FEMA. In Administrator. Eastern Time (ET). Please note that the 2020 FEMA has tasked the TMAC to meeting will close early if the TMAC Agenda: The purpose of this meeting work with stakeholders to identify best is for the TMAC members to provide has completed its business. practices that can be incorporated into briefings on the work of the TMAC ADDRESSES: The meeting will be held a future flood hazard and flood risk subcommittees, review written sections virtually using Zoom Video identification program and to provide a of the report, discuss and vote on a Communications, Meeting Identification framework for FEMA to transition to the (ID) 16195624614 (https:// envisioned flood hazard and flood risk proposed vision statement for the fema.zoomgov.com/j/16195624614) to identification program. Speakers are mapping program, and receive share meeting visuals and audio. requested to limit their comments to no presentations from subject matter Members of the public who wish to more than three minutes. The public experts. Any related materials will be attend the virtual meeting must register comment period will not exceed 30 posted to the FEMA TMAC site prior to in advance by sending an email to minutes. Please note that the public the meeting to provide the public an [email protected] (Attention: comment period may end before the opportunity to review the materials. The Michael Nakagaki) by 5:00 p.m. ET on time indicated, following the last call full agenda and related meeting Friday July 24th, 2020. For information for comments. Contact the individual materials will be posted for review by on services for individuals with listed below to register as a speaker by Friday July 24th, 2020 at http:// disabilities or to request special close of business on Friday July 24th, www.fema.gov/TMAC. assistance at the meeting, contact the 2020. person listed below as soon as possible. Michael M. Grimm, To facilitate public participation, FOR FURTHER INFORMATION CONTACT: Assistant Administrator for Risk members of the public are invited to Michael Nakagaki, Designated Federal Management, Federal Emergency provide written comments on the issues Officer for the TMAC, FEMA, 400 C Management Agency. to be considered by the TMAC, as listed Street SW, Washington, DC 20024, [FR Doc. 2020–14311 Filed 7–1–20; 8:45 am] telephone (202) 212–2148, and email in the SUPPLEMENTARY INFORMATION BILLING CODE 9110–12–P section below. Associated meeting [email protected]. The materials will be available at TMAC website is: http://www.fema.gov/ www.fema.gov/TMAC for review by TMAC. DEPARTMENT OF HOMELAND Friday July 24th, 2020. Written SUPPLEMENTARY INFORMATION: Notice of SECURITY comments to be considered by the this meeting is given under the Federal committee at the time of the meeting Advisory Committee Act, 5 U.S.C. App. Federal Emergency Management must be submitted and received by In accordance with the Biggert-Waters Agency Friday July 24th, 2020, identified by Flood Insurance Reform Act of 2012, the Docket ID FEMA–2014–0022, and TMAC makes recommendations to the [Docket ID FEMA–2020–0002; Internal submitted by one of the following FEMA Administrator on: (1) How to Agency Docket No. FEMA–B–2039] methods: improve, in a cost-effective manner, the • Federal eRulemaking Portal: http:// (a) accuracy, general quality, ease of use, Proposed Flood Hazard www.regulations.gov. Follow the and distribution and dissemination of Determinations instructions for submitting comments. flood insurance rate maps and risk data; • Email: Address the email TO: and (b) performance metrics and AGENCY: Federal Emergency [email protected] and CC: milestones required to effectively and Management Agency, DHS. [email protected]. Include efficiently map flood risk areas in the the docket number in the subject line of United States; (2) mapping standards ACTION: Notice. the message. Include name and contact and guidelines for (a) flood insurance information in the body of the email. rate maps, and (b) data accuracy, data SUMMARY: Comments are requested on • Mail: Regulatory Affairs Division, quality, data currency, and data proposed flood hazard determinations, Office of Chief Counsel, FEMA, 500 C eligibility; (3) how to maintain, on an which may include additions or

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39923

modifications of any Base Flood C Street SW, Washington, DC 20472, an appeal. Comments unrelated to the Elevation (BFE), base flood depth, (202) 646–7659, or (email) flood hazard determinations also will be Special Flood Hazard Area (SFHA) [email protected]. considered before the FIRM and FIS boundary or zone designation, or FOR FURTHER INFORMATION CONTACT: Rick report become effective. regulatory floodway on the Flood Sacbibit, Chief, Engineering Services Use of a Scientific Resolution Panel Insurance Rate Maps (FIRMs), and Branch, Federal Insurance and (SRP) is available to communities in where applicable, in the supporting Mitigation Administration, FEMA, 400 support of the appeal resolution Flood Insurance Study (FIS) reports for C Street SW, Washington, DC 20472, process. SRPs are independent panels of the communities listed in the table (202) 646–7659, or (email) experts in hydrology, hydraulics, and below. The purpose of this notice is to [email protected]; or visit other pertinent sciences established to seek general information and comment the FEMA Mapping and Insurance review conflicting scientific and regarding the preliminary FIRM, and eXchange (FMIX) online at https:// technical data and provide _ where applicable, the FIS report that the www.floodmaps.fema.gov/fhm/fmx recommendations for resolution. Use of Federal Emergency Management Agency main.html. the SRP only may be exercised after (FEMA) has provided to the affected SUPPLEMENTARY INFORMATION: FEMA FEMA and local communities have been communities. The FIRM and FIS report proposes to make flood hazard engaged in a collaborative consultation are the basis of the floodplain determinations for each community process for at least 60 days without a management measures that the listed below, in accordance with section mutually acceptable resolution of an community is required either to adopt 110 of the Flood Disaster Protection Act appeal. Additional information or to show evidence of having in effect of 1973, 42 U.S.C. 4104, and 44 CFR regarding the SRP process can be found in order to qualify or remain qualified 67.4(a). online at https://www.floodsrp.org/pdfs/ for participation in the National Flood These proposed flood hazard srp_overview.pdf. Insurance Program (NFIP). In addition, determinations, together with the The watersheds and/or communities the FIRM and FIS report, once effective, floodplain management criteria required will be used by insurance agents and affected are listed in the tables below. by 44 CFR 60.3, are the minimum that The Preliminary FIRM, and where others to calculate appropriate flood are required. They should not be insurance premium rates for new applicable, FIS report for each construed to mean that the community community are available for inspection buildings and the contents of those must change any existing ordinances buildings. at both the online location https:// that are more stringent in their www.fema.gov/preliminaryfloodhazard DATES: Comments are to be submitted floodplain management requirements. data and the respective Community on or before September 30, 2020. The community may at any time enact Map Repository address listed in the ADDRESSES: The Preliminary FIRM, and stricter requirements of its own or tables. For communities with multiple where applicable, the FIS report for pursuant to policies established by other ongoing Preliminary studies, the studies each community are available for Federal, State, or regional entities. can be identified by the unique project inspection at both the online location These flood hazard determinations are number and Preliminary FIRM date https://www.fema.gov/preliminary used to meet the floodplain listed in the tables. Additionally, the floodhazarddata and the respective management requirements of the NFIP current effective FIRM and FIS report Community Map Repository address and are used to calculate the for each community are accessible listed in the tables below. Additionally, appropriate flood insurance premium online through the FEMA Map Service the current effective FIRM and FIS rates for new buildings built after the Center at https://msc.fema.gov for report for each community are FIRM and FIS report become effective. comparison. accessible online through the FEMA The communities affected by the Map Service Center at https:// flood hazard determinations are (Catalog of Federal Domestic Assistance No. msc.fema.gov for comparison. provided in the tables below. Any 97.022, ‘‘Flood Insurance.’’) You may submit comments, identified request for reconsideration of the Michael M. Grimm, by Docket No. FEMA–B–2039, to Rick revised flood hazard information shown Assistant Administrator for Risk Sacbibit, Chief, Engineering Services on the Preliminary FIRM and FIS report Management, Department of Homeland Branch, Federal Insurance and that satisfies the data requirements Security, Federal Emergency Management Mitigation Administration, FEMA, 400 outlined in 44 CFR 67.6(b) is considered Agency.

Community Community map repository address

Adams County, Colorado and Incorporated Areas Project: 19–08–0023S Preliminary Date: February 28, 2020

City of Northglenn ...... City Hall, 11701 Community Center Drive, Northglenn, CO 80233. City of Thornton ...... Infrastructure Department, 12450 Washington Street, Thornton, CO 80241. Unincorporated Areas of Adams County ...... Adams County Government Center, 4430 South Adams County Park- way, Brighton, CO 80601.

Arapahoe County, Colorado and Incorporated Areas Project: 19–08–0022S Preliminary Date: February 28, 2020

City of Centennial ...... Southeast Metro Stormwater Authority, 7437 South Fairplay Street, Centennial, CO 80112. City of Englewood ...... Civic Center, 1000 Englewood Parkway, Englewood, CO 80110. City of Greenwood Village ...... City Hall, 6060 South Quebec Street, Greenwood Village, CO 80111. City of Littleton ...... Public Works Department, 2255 West Berry Avenue, Littleton, CO 80120.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39924 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Community Community map repository address

Unincorporated Areas of Arapahoe County ...... Arapahoe County Public Works and Development Department, 6924 South Lima Street, Centennial, CO 80112.

Douglas County, Colorado and Incorporated Areas Project: 19–08–0024S Preliminary Date: February 28, 2020

Town of Parker ...... Town Hall, 20120 East Mainstreet, Parker, CO 80138. Unincorporated Areas of Douglas County ...... Douglas County Department of Public Works Engineering, 100 Third Street, Castle Rock, CO 80104.

[FR Doc. 2020–14316 Filed 7–1–20; 8:45 am] and FIS report are used by insurance listed below for the new or modified BILLING CODE 9110–12–P agents and others to calculate flood hazard information for each appropriate flood insurance premium community listed. Notification of these rates for buildings and the contents of changes has been published in DEPARTMENT OF HOMELAND those buildings. newspapers of local circulation and 90 SECURITY DATES: The date of December 3, 2020 days have elapsed since that has been established for the FIRM and, publication. The Deputy Associate Federal Emergency Management Administrator for Insurance and Agency where applicable, the supporting FIS report showing the new or modified Mitigation has resolved any appeals [Docket ID FEMA–2020–0002] flood hazard information for each resulting from this notification. community. This final notice is issued in Final Flood Hazard Determinations accordance with section 110 of the ADDRESSES: The FIRM, and if AGENCY: Federal Emergency applicable, the FIS report containing the Flood Disaster Protection Act of 1973, Management Agency, DHS. final flood hazard information for each 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for ACTION: Notice. community is available for inspection at the respective Community Map floodplain management in floodprone SUMMARY: Flood hazard determinations, Repository address listed in the tables areas in accordance with 44 CFR part which may include additions or below and will be available online 60. modifications of Base Flood Elevations through the FEMA Map Service Center Interested lessees and owners of real (BFEs), base flood depths, Special Flood at https://msc.fema.gov by the date property are encouraged to review the Hazard Area (SFHA) boundaries or zone indicated above. new or revised FIRM and FIS report designations, or regulatory floodways on available at the address cited below for FOR FURTHER INFORMATION CONTACT: Rick the Flood Insurance Rate Maps (FIRMs) Sacbibit, Chief, Engineering Services each community or online through the and where applicable, in the supporting Branch, Federal Insurance and FEMA Map Service Center at https:// Flood Insurance Study (FIS) reports Mitigation Administration, FEMA, 400 msc.fema.gov. have been made final for the C Street SW, Washington, DC 20472, The flood hazard determinations are communities listed in the table below. (202) 646–7659, or (email) made final in the watersheds and/or The FIRM and FIS report are the basis [email protected]; or visit communities listed in the table below. of the floodplain management measures the FEMA Mapping and Insurance that a community is required either to (Catalog of Federal Domestic Assistance No. eXchange (FMIX) online at https:// adopt or to show evidence of having in 97.022, ‘‘Flood Insurance.’’) www.floodmaps.fema.gov/fhm/fmx_ effect in order to qualify or remain main.html. Michael M. Grimm, qualified for participation in the Federal Assistant Administrator for Risk Emergency Management Agency’s SUPPLEMENTARY INFORMATION: The Management, Department of Homeland (FEMA’s) National Flood Insurance Federal Emergency Management Agency Security, Federal Emergency Management Program (NFIP). In addition, the FIRM (FEMA) makes the final determinations Agency.

Community Community map repository address

Inyo County, California and Incorporated Areas Docket No.: FEMA–B–1969

City of Bishop ...... City Hall, 377 West Line Street, Bishop, CA 93514. Unincorporated Areas of Inyo County ...... Inyo County Courthouse, 168 North Edwards Street, Number 3, Inde- pendence, CA 93526.

[FR Doc. 2020–14317 Filed 7–1–20; 8:45 am] BILLING CODE 9110–12–P

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39925

DEPARTMENT OF HOMELAND Community Map Repository address provided in the tables below. Any SECURITY listed in the tables below. Additionally, request for reconsideration of the the current effective FIRM and FIS revised flood hazard information shown Federal Emergency Management report for each community are on the Preliminary FIRM and FIS report Agency accessible online through the FEMA that satisfies the data requirements [Docket ID FEMA–2020–0002; Internal Map Service Center at https:// outlined in 44 CFR 67.6(b) is considered Agency Docket No. FEMA–B–2038] msc.fema.gov for comparison. an appeal. Comments unrelated to the You may submit comments, identified flood hazard determinations also will be Proposed Flood Hazard by Docket No. FEMA–B–2038, to Rick considered before the FIRM and FIS Determinations Sacbibit, Chief, Engineering Services report become effective. Branch, Federal Insurance and Use of a Scientific Resolution Panel AGENCY: Federal Emergency Mitigation Administration, FEMA, 400 (SRP) is available to communities in Management Agency, DHS. C Street SW, Washington, DC 20472, support of the appeal resolution ACTION: Notice. (202) 646–7659, or (email) process. SRPs are independent panels of [email protected]. SUMMARY: Comments are requested on experts in hydrology, hydraulics, and FOR FURTHER INFORMATION CONTACT: Rick other pertinent sciences established to proposed flood hazard determinations, Sacbibit, Chief, Engineering Services which may include additions or review conflicting scientific and Branch, Federal Insurance and technical data and provide modifications of any Base Flood Mitigation Administration, FEMA, 400 Elevation (BFE), base flood depth, recommendations for resolution. Use of C Street SW, Washington, DC 20472, the SRP only may be exercised after Special Flood Hazard Area (SFHA) (202) 646–7659, or (email) FEMA and local communities have been boundary or zone designation, or [email protected]; or visit engaged in a collaborative consultation regulatory floodway on the Flood the FEMA Mapping and Insurance process for at least 60 days without a Insurance Rate Maps (FIRMs), and eXchange (FMIX) online at https:// mutually acceptable resolution of an where applicable, in the supporting www.floodmaps.fema.gov/fhm/fmx_ appeal. Additional information Flood Insurance Study (FIS) reports for main.html. the communities listed in the table regarding the SRP process can be found below. The purpose of this notice is to SUPPLEMENTARY INFORMATION: FEMA online at https://www.floodsrp.org/pdfs/ seek general information and comment proposes to make flood hazard srp_overview.pdf. determinations for each community regarding the preliminary FIRM, and The watersheds and/or communities listed below, in accordance with section where applicable, the FIS report that the affected are listed in the tables below. 110 of the Flood Disaster Protection Act Federal Emergency Management Agency The Preliminary FIRM, and where of 1973, 42 U.S.C. 4104, and 44 CFR (FEMA) has provided to the affected applicable, FIS report for each 67.4(a). communities. The FIRM and FIS report community are available for inspection These proposed flood hazard are the basis of the floodplain at both the online location https:// determinations, together with the management measures that the www.fema.gov/preliminaryfloodhazard floodplain management criteria required community is required either to adopt data and the respective Community by 44 CFR 60.3, are the minimum that or to show evidence of having in effect Map Repository address listed in the are required. They should not be in order to qualify or remain qualified tables. For communities with multiple construed to mean that the community for participation in the National Flood ongoing Preliminary studies, the studies must change any existing ordinances Insurance Program (NFIP). In addition, can be identified by the unique project that are more stringent in their the FIRM and FIS report, once effective, number and Preliminary FIRM date floodplain management requirements. will be used by insurance agents and listed in the tables. Additionally, the The community may at any time enact others to calculate appropriate flood current effective FIRM and FIS report stricter requirements of its own or insurance premium rates for new for each community are accessible pursuant to policies established by other buildings and the contents of those online through the FEMA Map Service Federal, State, or regional entities. buildings. Center at https://msc.fema.gov for These flood hazard determinations are comparison. DATES: Comments are to be submitted used to meet the floodplain (Catalog of Federal Domestic Assistance No. on or before September 30, 2020. management requirements of the NFIP 97.022, ‘‘Flood Insurance.’’) ADDRESSES: The Preliminary FIRM, and and are used to calculate the where applicable, the FIS report for appropriate flood insurance premium Michael M. Grimm, each community are available for rates for new buildings built after the Assistant Administrator for Risk inspection at both the online location FIRM and FIS report become effective. Management, Department of Homeland https://www.fema.gov/preliminary The communities affected by the Security, Federal Emergency Management floodhazarddata and the respective flood hazard determinations are Agency.

Community Community map repository address

Kern County, California and Incorporated Areas

Project: 14–09–3094S Preliminary Date: November 15, 2019

City of Bakersfield ...... Development Services, 1715 Chester Avenue, Bakersfield, CA 93301. Unincorporated Areas of Kern County ...... Public Works Department, 2700 M Street, Suite 500, Bakersfield, CA 93301.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39926 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Community Community map repository address

Herkimer County, New York (All Jurisdictions)

Project: 17–02–0791S Preliminary Dates: August 3, 2018 and December 13, 2019

City of Little Falls ...... Little Falls City Hall, 659 East Main Street, Little Falls, NY 13365. Town of Columbia ...... Columbia Town Hall, 147 Columbia Center Road, Ilion, NY 13357. Town of Danube ...... Danube Town Hall, 438 Creek Road, Little Falls, NY 13365. Town of Fairfield ...... Fairfield Town Hall, 439 Kelly Road, Little Falls, NY 13365. Town of Frankfort ...... Frankfort Town Hall, 201 3rd Avenue, Frankfort, NY 13340. Town of German Flatts ...... German Flatts Town Hall, 66 East Main Street, Mohawk, NY 13407. Town of Herkimer ...... Herkimer Town Hall, 114 North Prospect Street, Herkimer, NY 13350. Town of Litchfield ...... Litchfield Town Hall, 804 Cedarville Road, Ilion, NY 13357. Town of Little Falls ...... Little Falls Town Hall, 478 Flint Avenue Extension, Little Falls, NY 13365. Town of Manheim ...... Manheim Town Hall, 6356 State Route 167, Dolgeville, NY 13329. Town of Newport ...... Newport Town Hall, 2788 Newport Road, Newport, NY 13416. Town of Norway ...... Norway Town Office, 3013 Military Road, Newport, NY 13416. Town of Ohio ...... Ohio Town Hall, 234 Nellis Road, Ohio, NY 13324. Town of Russia ...... Russia Town Hall, 8916 North Main Street, Poland, NY 13431. Town of Salisbury ...... Salisbury Town Hall, 126 State Route 29A, Salisbury Center, NY 13454. Town of Schuyler ...... Schuyler Town Hall, 2090 State Route 5, Utica, NY 13502. Town of Stark ...... Stark Town Hall, 703 Elwood Road, Fort Plain, NY 13339. Town of Warren ...... Warren Town Hall, 383 Hogsback Road, Richfield Springs, NY 13439. Town of Webb ...... Webb Town Hall, 183 Park Avenue, Old Forge, NY 13420. Town of Winfield ...... Winfield Town Hall, 306 Stone Road, West Winfield, NY 13491. Village of Cold Brook ...... Russia Town Hall, 8916 North Main Street, Poland, NY 13431. Village of Dolgeville ...... Dolgeville Village Hall, 41 North Main Street, Dolgeville, NY 13329. Village of Frankfort ...... Frankfort Village Hall, 110 Railroad Street, Suite 1, Frankfort, NY 13340. Village of Herkimer ...... Herkimer Village Hall, 120 Green Street, Herkimer, NY 13350. Village of Ilion ...... Ilion Village Hall, 49 Morgan Street, Ilion, NY 13357. Village of Middleville ...... Corey Hall, 3 South Main Street, Middleville, NY 13406. Village of Mohawk ...... Mohawk Village Hall, 28 Columbia Street, Mohawk, NY 13407. Village of Newport ...... Newport Village Hall, 4 Coventry Avenue, Yorkville, NY 13495. Village of Poland ...... Poland Village Hall, 9 Case Street, Poland, NY 13431. Village of West Winfield ...... Bisby Hall, 179 South Street, West Winfield, NY 13491.

[FR Doc. 2020–14315 Filed 7–1–20; 8:45 am] necessary and in the public interest in Privacy Officer of the Department of BILLING CODE 9110–12–P connection with the Department of Homeland Security (DHS) (hereinafter Homeland Security’s performance of its ‘‘the Chief Privacy Officer’’) on duties. programmatic, policy, operational, DEPARTMENT OF HOMELAND DATES: The notice of committee charter security, administrative, and SECURITY renewal published on June 18, 2020, at technological issues within DHS that relate to personally identifiable Office of the Secretary 85 FR 36873, is withdrawn as of July 2, 2020. information (PII), as well as data integrity, transparency, and other [Docket No. DHS–2020–0030] FOR FURTHER INFORMATION CONTACT: privacy-related matters. Nicole Sanchez, Designated Federal Good Cause for Late Notice: This DHS Data Privacy and Integrity Officer, DHS Data Privacy and Integrity Advisory Committee Notice of Committee reestablishment is Advisory Committee, Department of published less than 15 days before AGENCY: Privacy Office, Department of Homeland Security, Privacy Office, Mail Notice of Charter reestablishment. Homeland Security (DHS). Stop 0655, 2707 Martin Luther King Jr. Pursuant to 41 CFR 102–3.65, notices of Ave SE, Washington, DC 20528–0655, ACTION: establishment and reestablishment of Committee management; by telephone (202) 343–1717, by fax withdrawal of notice of committee advisory committees must appear at (202) 343–4010, or by email to least 15 calendar days before the charter charter renewal; notice of committee [email protected]. reestablishment. is filed. However, the General Services SUPPLEMENTARY INFORMATION: Administration (GSA) may approve less SUMMARY: A notice of committee charter Background: Under the authority of 6 than 15 calendar days when requested renewal for the Data Privacy and U.S.C. 451, this charter reestablishes the by the agency for good cause. 41 CFR Integrity Advisory Committee, which Data Privacy and Integrity Advisory 102–3.65(b). In this case, GSA has was published in the Federal Register Committee (DPIAC) as a discretionary approved less than 15 calendar days for on June 18, 2020, is hereby withdrawn. committee, which shall operate in good cause. Due to extenuating In this document, the Acting Secretary accordance with the provisions of the circumstances, including significant of Homeland Security also announces Federal Advisory Committee Act changes to the Privacy Office staffing, the determination that the (FACA), 5 U.S.C. Appendix. The the need to prioritize work on issues reestablishment of the Data Privacy and Committee provides advice at the related to COVID–19, and clearance Integrity Advisory Committee is request of the Secretary and the Chief requirements within DHS, DHS was

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39927

unable to submit to GSA the necessary et seq.), an agency may not conduct or Act (MTSA) and certain mariners documentation in time to renew the sponsor, and a person is not required to holding USCG credentials. Individuals DPIAC Charter before it expired on June respond to, a collection of information in the field of transportation who are 4, 2020. unless it displays a valid OMB control required to undergo an STA in certain Withdrawal of previously published number. The ICR documentation will be other programs, such as the Chemical notice: A notice of committee charter available at http://www.reginfo.gov Facility Anti-Terrorism (CFATS) renewal was prematurely published on upon its submission to OMB. Therefore, program, may also apply for a TWIC® June 18, 2020, at 85 FR 36873 and is in preparation for OMB review and and the associated security threat hereby withdrawn. approval of the following information assessment to satisfy CFATS Dated: June 27, 2020. collection, TSA is soliciting comments requirements. to— Before issuing an individual a TWIC®, Constantina Kozanas, (1) Evaluate whether the proposed TSA performs an STA that includes Chief Privacy Officer, Department of information requirement is necessary for checks of criminal history, immigration, Homeland Security. the proper performance of the functions and terrorism records. To conduct the [FR Doc. 2020–14296 Filed 7–1–20; 8:45 am] of the agency, including whether the STA, TSA must collect the following: BILLING CODE 9110–9L–P information will have practical utility; • Certain biographic information, (2) Evaluate the accuracy of the including name, address, date of birth agency’s estimate of the burden; and other information; DEPARTMENT OF HOMELAND (3) Enhance the quality, utility, and • Fingerprints and photographs of SECURITY clarity of the information to be applicants; and collected; and • A $125.25 fee from applicants to Transportation Security Administration (4) Minimize the burden of the cover the cost of the STA, as required [Docket No. TSA–2006–24191] collection of information on those who by law (see 6 U.S.C. 469). are to respond, including using TSA collects this information from Intent To Request Extension From appropriate automated, electronic, applicants during an optional pre- OMB of One Current Public Collection mechanical, or other technological enrollment step or during the of Information: Transportation Worker collection techniques or other forms of enrollment session at an enrollment Identification Credential (TWIC®) information technology. center. Program Consistent with the requirements of If TSA determines that the applicant Executive Order (E.O.) 13771, Reducing is eligible to receive a TWIC® as a result AGENCY: Transportation Security Regulation and Controlling Regulatory of the STA, TSA issues and sends an Administration, DHS. ® Costs, and E.O. 13777, Enforcing the activated TWIC card to the address ACTION: 60-Day notice. Regulatory Reform Agenda, TSA is also provided by the applicant or notifies the ® SUMMARY: The Transportation Security requesting comments on the extent to applicant that their TWIC is ready for Administration (TSA) invites public which this request for information could pick up and activation at an enrollment comment on one currently approved be modified to reduce the burden on center. Once activated, this credential Information Collection Request (ICR), respondents. can be used for facility and vessel access control requirements to include card Office of Management and Budget Information Collection Requirement (OMB) control number 1652–0047, authentication, card validation, and OMB Control Number 1652–0047; abstracted below that we will submit to identity verification. In the event of a Transportation Worker Identification OMB for an extension, in compliance lost, damaged or stolen credential, the Credential (TWIC®) Program. The with the Paperwork Reduction Act cardholder must notify TSA Transportation Worker Identification (PRA). The ICR describes the nature of immediately and may request a Credential (TWIC®) program is a DHS the information collection and its replacement card online, via telephone program administered jointly by TSA expected burden. The collection or, from an enrollment center for a and the U.S. Coast Guard (USCG) to involves the submission of biographic $60.00 fee. mitigate threats and vulnerabilities in TSA may also use the information to and biometric information that TSA the national maritime transportation determine a TWIC® holder’s eligibility uses to verify identity and conduct a system. The program implements to participate in TSA’s expedited security threat assessment (STA) for the authorities set forth in the Aviation and screening program for air travel, TSA TWIC® Program, and a customer Transportation Security Act (ATSA) PreCheckTM Application Program. satisfaction survey. (Pub. L. 107–71; Nov. 19, 2002; sec. Beginning April 2020, active DATES: Send your comments by August 106), the Maritime Transportation (unexpired) TWIC® holders who meet 31, 2020. Security Act of 2002 (MTSA) (Pub. L. the eligibility requirements for TSA ADDRESSES: Comments may be emailed 107–295; Nov. 25, 2002; sec. 102), and PreCheck may use their TWIC® card’s to [email protected] or delivered to the Safe, Accountable, Flexible, Credential Identification Number in the the TSA PRA Officer, Information Efficient Transportation Equity Act—A appropriate known traveler number Technology (IT), TSA–11, Legacy for Users (SAFETEA–LU) (Pub. field of an airline reservation to obtain Transportation Security Administration, L. 109–59; Aug. 10, 2005; sec. 7105), expedited screening eligibility. 601 South 12th Street, Arlington, VA codified at 49 U.S.C. 5103a(g). TSA and TSA invites all TWIC® applicants to 20598–6011. the USCG implemented these complete an optional survey to gather FOR FURTHER INFORMATION CONTACT: requirements through a rulemaking information on the applicants’ overall Christina A. Walsh at the above address, codified at 33 CFR parts 105 and 106, customer satisfaction with the or by telephone (571) 227–2062. and 49 CFR part 1572. enrollment process. This optional ® SUPPLEMENTARY INFORMATION: TWIC is a common credential for all survey is administered by a Trusted personnel requiring unescorted access Agent (a representative of the TWIC® Comments Invited to secure areas of facilities and vessels enrollment service provider, who In accordance with the Paperwork regulated pursuant to requirements in performs enrollment functions) during Reduction Act of 1995 (44 U.S.C. 3501 the Maritime Transportation Security the process to activate the TWIC®.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39928 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

These surveys are collected at each SW, Washington, DC 20410; email unless a waiver is granted to process enrollment center and compiled to Colette Pollard at [email protected] or under Traditional Application produce reports that are reviewed by the telephone 202–402–3400. This is not a Processing (TAP). Such waiver approval contractor and TSA. toll-free number. Persons with hearing authority is retained by HUD TSA estimates that there will be or speech impairments may access this Headquarters’ Director of Multifamily approximately 541,514 respondents to number through TTY by calling the toll- Production. Additionally, two new this TWIC® information collection. The free Federal Relay Service at (800) 877– chapters were added to this edition of current estimated annualized hour 8339. the Guide: The ‘‘Water and Energy burden is 681,785 hours. Copies of available documents Conservation’’ chapter and the ‘‘Closing submitted to OMB may be obtained Dated: June 25, 2020. Guide’’. from Ms. Pollard. Christina A. Walsh, Respondents (i.e., affected public): SUPPLEMENTARY INFORMATION: This FHA Approved MAP Lenders. TSA Paperwork Reduction Act Officer, notice informs the public that HUD is Estimated Number of Respondents: Information Technology. seeking approval from OMB for the 86. [FR Doc. 2020–14226 Filed 7–1–20; 8:45 am] information collection described in Estimated Number of Responses: 344. BILLING CODE 9110–05–P Section A. Frequency of Response: 1. A. Overview of Information Collection Average Hours per Response: 30 hours [121 hrs/4 = 30.25 hrs]. DEPARTMENT OF HOUSING AND Title of Information Collection: Total Estimated Burden: 10,406. URBAN DEVELOPMENT Multifamily Accelerated Processing (MAP) Guide. B. Solicitation of Public Comment [Docket No. FR–7027–N–22; OMB Control Number: 2502–0541] OMB Approval Number: 2502–0541. This notice is soliciting comments OMB Expiration Date: December 31, from members of the public and affected 60-Day Notice of Proposed Information 2020. parties concerning the collection of Collection: Lender Qualifications for Type of Request: Revision. information described in Section A on Form Number: Guidebook 4430.G. the following: Multifamily Accelerated Processing Description of the need for the (1) Whether the proposed collection (MAP) Guide (MAP Guide, 4430.G); information and proposed use: of information is necessary for the OMB Control Number: 2502–0541 Multifamily Accelerated Processing proper performance of the functions of (MAP) is designed to establish uniform AGENCY: Office of the Assistant the agency, including whether the national standards for Federal Housing Secretary for Housing-Federal Housing information will have practical utility; Administration (FHA) approved lenders Commissioner, HUD. (2) The accuracy of the agency’s to prepare, process and submit loan ACTION: Notice. estimate of the burden of the proposed applications for FHA multifamily collection of information; mortgage insurance. The MAP Guide SUMMARY: HUD is seeking approval from (3) Ways to enhance the quality, provides—in one volume with the Office of Management and Budget utility, and clarity of the information to appendices—guidance for HUD staff, (OMB) for the information collection be collected; and lenders, third party consultants, described below. In accordance with the (4) Ways to minimize the burden of borrowers, and other industry Paperwork Reduction Act, HUD is the collection of information on those participants. Topics include mortgage requesting comment from all interested who are to respond; including through insurance program descriptions, parties on the proposed collection of the use of appropriate automated borrower and lender eligibility information. The purpose of this notice collection techniques or other forms of requirements, application requirements, is to allow for 60-days of public information technology, e.g., permitting underwriting standards for all technical comment. electronic submission of responses. disciplines and construction loan DATES: Comments Due Date: August 31, HUD encourages interested parties to administration requirements. The MAP 2020. submit comment in response to these Guide applies only to FHA multifamily questions. ADDRESSES: Interested persons are mortgage insurance programs. Except to invited to submit comments regarding the extent lender monitoring or C. Authority this proposal. Comments should refer to enforcement activities overlap, Section the proposal by name and/or OMB Section 3507 of the Paperwork 232 and other programs administered by Reduction Act of 1995, 44 U.S.C. Control Number and should be sent to: the Office of Healthcare Programs are Colette Pollard, Reports Management Chapter 35. not addressed by the MAP Guide. The Acting Assistant Secretary for Officer, QDAM, Department of Housing The Guide has been updated to reflect Housing-Federal Commissioner, Len and Urban Development, 451 7th Street various organizational, policy and Wolfson, having reviewed and approved SW, Room 4176, Washington, DC processing changes implemented since this document, is delegating the 20410–5000; telephone 202–402–3400 the last edition was published in 2016. authority to electronically sign this (this is not a toll-free number) or email Examples include electronic submission document to submitter, Nacheshia Foxx, at [email protected] for a copy of of data in a standardized format, the who is the Federal Register Liaison for the proposed forms or other available consolidation of HUD Field Offices to HUD, for purposes of publication in the information. Persons with hearing or Regional Centers and Satellite Offices, Federal Register. speech impairments may access this workload sharing, and a ‘‘risk-based’’ number through TTY by calling the toll- underwriting approach. The goal of Dated: June 29, 2020. free Federal Relay Service at (800) 877– MAP is to provide a consistent, Nacheshia Foxx, 8339. expedited mortgage insurance Federal Liaison for the Department, of FOR FURTHER INFORMATION CONTACT: application process at each HUD Housing and Urban Development. Colette Pollard, Reports Management Multifamily Regional Center or Satellite The General Deputy Assistant Officer, QDAM, Department of Housing Office. All MAP eligible projects must Secretary for Housing, John L. Garvin, and Urban Development, 451 7th Street be submitted using MAP processing having reviewed and approved this

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39929

document, is delegating the authority to Copies of available documents techniques or other forms of information electronically sign this document to submitted to OMB may be obtained technology, e.g., permitting electronic submitter, Nacheshia Foxx, who is the from Ms. Pollard. submission of responses. Federal Register Liaison for HUD, for SUPPLEMENTARY INFORMATION: This HUD encourages interested parties to purposes of publication in the Federal notice informs the public that HUD is submit comments in response to these Register. seeking approval from OMB for the questions. [FR Doc. 2020–14273 Filed 7–1–20; 8:45 am] information collection described in C. Authority BILLING CODE 4210–67–P Section A. Section 2 of the Paperwork Reduction A. Overview of Information Collection Act of 1995, 44 U.S.C. 3507. DEPARTMENT OF HOUSING AND Title of Information Collection: Dated: June 29, 2020. URBAN DEVELOPMENT Rehabilitation Mortgage Insurance Nacheshia Foxx, [Docket No. FR–7027–N–23] Underwriting Program Section 203(k). Federal Liaison for the Department of Housing OMB Approval Number: 2502–0527. and Urban Development. 60-Day Notice of Proposed Information Type of Request: Extension. Form Number: HUD–92700–A, HUD– [FR Doc. 2020–14289 Filed 7–1–20; 8:45 am] Collection: Rehabilitation Mortgage BILLING CODE 4210–67–P Insurance Underwriting Program 9746–A. Section 203(k); OMB Control No.: Description of the need for the 2502–0527 information and proposed use: This request for OMB review involves an DEPARTMENT OF THE INTERIOR AGENCY: Office of the Assistant extension request for information Fish and Wildlife Service Secretary for Housing- Federal Housing collected under OMB Approval Number Commissioner, HUD. 2502–0527 for lenders that originate and [Docket No. FWS–R8–ES–2020–0049; ACTION: Notice. service Section 203(k) mortgages. FF08ESMF00–FXES11140800000–201] The Section 203(k) program requires SUMMARY: HUD is seeking approval from mortgagees to collect information about Endangered and Threatened Wildlife the Office of Management and Budget the scope of repair and improvement and Plants; Central 40 Solar Project, (OMB) for the information collection work, its cost, and control of escrow Stanislaus County, California; described below. In accordance with the funds to pay for the improvements as Categorical Exclusion and Draft Paperwork Reduction Act, HUD is they are completed. This program Habitat Conservation Plan requesting comment from all interested operates in conjunction with FHA’s AGENCY: Fish and Wildlife Service, parties on the proposed collection of underwriting standards and systems for Interior. information. The purpose of this notice all Section 203(b) loans as documented ACTION: Notice of availability of permit is to allow for 60 days of public in OMB Control Numbers 2502–0059 & application; request for comment. comment. 2502–0556. Per the existing collection, DATES: Comments Due Date: August 31, there are 1,312 respondents made up of SUMMARY: We, the U.S. Fish and 2020. participating lenders and 203(k) Wildlife Service, announce the ADDRESSES: Interested persons are Consultants. availability of a draft categorical invited to submit comments regarding Respondents (i.e., affected public): exclusion under the National this proposal. Comments should refer to Business or other for-profit. Environmental Policy Act. We also the proposal by name and/or OMB Estimated Number of Respondents: announce receipt of an application for Control Number and should be sent to: 1,312. an incidental take permit under the Estimated Number of Responses: Colette Pollard, Reports Management Endangered Species Act (ESA), and 211,667. Officer, QDAM, Department of Housing receipt of a draft habitat conservation Frequency of Response: On occasion and Urban Development, 451 7th Street plan. Central 40, LLC has applied for an (Once per loan). SW, Room 4176, Washington, DC incidental take permit under the ESA Average Hours per Response: 0.85. for the Central 40 Solar Project in 20410–5000; telephone 202–402–3400 Total Estimated Burdens: 188,516. (this is not a toll-free number) or email Stanislaus County, California. The at [email protected] for a copy of B. Solicitation of Public Comment permit would authorize the take of two the proposed forms or other available This notice is soliciting comments species incidental to the development, information. Persons with hearing or from members of the public and affected construction, operation and speech impairments may access this parties concerning the collection of maintenance, and decommissioning of number through TTY by calling the toll- information described in Section A on the project. We invite the public and free Federal Relay Service at (800) 877– the following: local, State, Tribal, and Federal agencies 8339. (1) Whether the proposed collection to comment on the application. Before FOR FURTHER INFORMATION CONTACT: of information is necessary for the issuing the requested permit, we will Colette Pollard, Reports Management proper performance of the functions of take into consideration any information Officer, QDAM, Department of Housing the agency, including whether the that we receive during the public and Urban Development, 451 7th Street information will have practical utility; comment period. SW, Room 4176, Washington, DC (2) The accuracy of the agency’s DATES: We must receive your written 20410–5000; email Colette Pollard at estimate of the burden of the proposed comments on or before August 3, 2020. [email protected] or telephone collection of information; (3) Ways to ADDRESSES: Obtaining Documents: The 202–402–3400 (this is not a toll-free enhance the quality, utility, and clarity incidental take permit (ITP) application, number) . Persons with hearing or of the information to be collected; and draft categorical exclusion (draft CatEx), speech impairments may access this (4) Ways to minimize the burden of the draft habitat conservation plan (draft number through TTY by calling the toll- collection of information on those who HCP), and any comments and other free Federal Relay Service at (800) 877– are to respond, including through the materials that we receive are available 8339. use of appropriate automated collection for public inspection at http://

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39930 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

www.regulations.gov in Docket No. about the Federal habitat conservation • California tiger salamander— FWS–HQ–ES–2020–0049. plan (HCP) program, go to http:// Central Valley Distinct Population Submitting Comments: To send www.fws.gov/endangered/esa-library/ Segment (Ambystoma californiense) written comments, please use one of the pdf/hcp.pdf. (Federally listed as threatened and following methods, and note that your subject to a section 4(d) rule that National Environmental Policy Act information request or comments are in prohibits take, with the exception of Compliance reference to the draft CatEx, draft HCP, incidental take resulting from routine or both. The proposed permit issuance triggers ranching activities located on private or • Internet: Submit comments at the need for compliance with the Tribal lands, as defined in the http://www.regulations.gov under National Environmental Policy Act of regulation. 50 CFR 17.43(c)). Docket No. FWS–R8–ES–2020–0049. 1969, as amended (NEPA; 42 U.S.C. No-Action Alternative • U.S. Mail: Public Comments 4321 et seq.). The draft CatEx was Processing, Attn: Docket No. FWS–R8– prepared to analyze the impacts of Under the No-Action Alternative, the ES–2020–0049; U.S. Fish and Wildlife issuing an ITP based on the draft HCP Service would not issue an ITP to the Service Headquarters, MS: PRB/3W; and to inform the public of the proposed applicant, and the draft HCP would not 5275 Leesburg Pike; Falls Church, VA action, any alternatives, and associated be implemented. Under this alternative, 22041–3803. impacts, and to disclose any irreversible the applicant may choose not to For more information, see Public commitments of resources. construct the facility or would do so in Comments and Public Availability of a manner presumed not to result in the Comments under SUPPLEMENTARY Proposed Action Alternative take of ESA-listed species. INFORMATION. Under the Proposed Action Public Comments FOR FURTHER INFORMATION CONTACT: Alternative, the Service would issue an We request data, comments, new Timothy Ludwick, Senior Wildlife ITP to the applicant for a period of 35 information, or suggestions from the Biologist, or Patricia Cole, Chief, San years for certain covered activities public, other concerned governmental Joaquin Valley Division, Sacramento (described below). The applicant has agencies, the scientific community, Fish and Wildlife Office, by phone at requested an ITP for two covered Tribes, industry, or any other interested 916–414–6600 or via the Federal Relay species (described below), which are party on this notice, the draft CatEx, and Service at 800–877–8339. listed as endangered or threatened under the ESA. the draft HCP. We particularly seek SUPPLEMENTARY INFORMATION: We, the comments on the following: U.S. Fish and Wildlife Service (Service), Habitat Conservation Plan Area 1. Biological information concerning announce the availability of a draft The geographic scope of the draft HCP the species; categorical exclusion (draft CatEx), 2. Relevant data concerning the prepared pursuant to the National encompasses 3,474 acres (ac) in western Stanislaus and Merced Counties where species; Environmental Policy Act of 1969, as 3. Additional information concerning the development will occur, including amended (NEPA; 42 U.S.C. 4321 et the range, distribution, population size, the 1,044-ac parcel in Stanislaus County seq.), and its implementing regulations and population trends of the species; where development will occur and the in the Code of Federal Regulations 4. Current or planned activities in the 2,422-ac Piedra Azul Conservation Bank (CFR) at 40 CFR 1506.6. This notice also area and their possible impacts on the in Merced County, portions of which are announces the receipt of an application species; being used to mitigate impacts from this from Central 40, LLC (applicant), for a 5. The presence of archeological sites, development. 35-year incidental take permit (ITP) buildings and structures, historic under the Endangered Species Act of Covered Activities events, sacred and traditional areas, and 1973, as amended (ESA; 16 U.S.C. 1531 other historic preservation concerns, et seq.). Application for the permit The proposed section 10 ITP would which are required to be considered in requires the preparation of a habitat allow incidental take of two covered project planning by the National conservation plan (HCP) with measures species from covered activities in the Historic Preservation Act; and to avoid, minimize, and mitigate the proposed HCP area. The applicant is 6. Any other environmental issues impacts of incidental take to the requesting incidental take authorization that should be considered with regard to maximum extent practicable. The for covered activities, including site the proposed development and permit applicant prepared the draft Central 40 preparation, infrastructure action. Solar Project HCP pursuant to section development, construction, 10(a)(1)(B) of the ESA. The purpose of decommissioning, and management of Public Availability of Comments the CatEx is to assess the effects of the conservation easement area. The Before including your address, phone issuing the permit and implementing applicant is proposing to implement a number, or other personal identifying the draft HCP on the natural and human number of project design features, information in your comment, you environment. including best management practices, as should be aware that your entire well as general and species-specific comment—including your personal Background avoidance and minimization measures identifying information—might be made Section 9 of the ESA (16 U.S.C. 1531– to minimize the impacts of the take from publicly available at any time. While 1544 et seq.) prohibits the taking of fish the covered activities. you can ask us in your comment to and wildlife species listed as Covered Species withhold your personal identifying endangered under section 4 of the ESA; information from public review, we by regulation, take of certain species The following two federally listed cannot guarantee that we will be able to listed as threatened is also prohibited. species are proposed to be included as do so. (16 U.S.C. 1533(d); 50 CFR 17.31). covered species in the proposed HCP: Regulations governing permits for • San Joaquin kit fox (Vulpes Next Steps endangered and threatened species are macrotis mutica) (Federally listed as Issuance of an incidental take permit at 50 CFR 17.22 and 17.32. For more endangered). is a Federal proposed action subject to

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39931

compliance with NEPA and section 7 of written protests. You may also view the considered filed the next business day. A the ESA. We will evaluate the plats at the BLM Alaska Public written statement of reasons in support of a application, associated documents, and Information Center, Fitzgerald Federal protest, if not filed with the notice of protest, any public comments we receive as part Building, 222 W. 8th Avenue, must be filed with the State Director for the BLM in Alaska within 30 calendar days after of our NEPA compliance process to Anchorage, Alaska, at no cost. the notice of protest is filed. determine whether the application FOR FURTHER INFORMATION CONTACT: If a notice of protest against a plat of survey meets the requirements of section 10(a) Douglas N. Haywood, Chief, Branch of is received prior to the scheduled date of of the ESA. If we determine that those Cadastral Survey, Alaska State Office, official filing, the official filing of the plat of requirements are met, we will conduct Bureau of Land Management, 222 W. survey identified in the notice of protest will an intra-Service consultation under 7th Avenue, Anchorage, AK 99513; be stayed pending consideration of the section 7 of the ESA for the Federal 907–271–5481; [email protected]. protest. A plat of survey will not be officially action for the potential issuance of an People who use a telecommunications filed until the dismissal or resolution of all ITP. If the intra-Service consultation protests of the plat. device for the deaf may call the Federal Before including your address, phone confirms that issuance of the ITP will Relay Service (FRS) at 1–800–877–8339 number, email address, or other personally not jeopardize the continued existence to contact the BLM during normal identifiable information in a notice of protest of any endangered or threatened business hours. The FRS is available 24 or statement of reasons, you should be aware species, or destroy or adversely modify hours a day, 7 days a week, to leave a that the documents you submit, including critical habitat, we will issue a permit message or question with the above your personally identifiable information, may to the applicant for the incidental take individual. You will receive a reply be made publicly available in their entirety of the covered species. during normal business hours. at any time. While you can ask the BLM to withhold your personally identifiable Authority SUPPLEMENTARY INFORMATION: The lands information from public review, we cannot surveyed are: We publish this notice under the guarantee that we will be able to do so. National Environmental Policy Act of Copper River Meridian, Alaska Authority: 43 U.S.C. Chap. 3. T. 9 N., R. 1 E., accepted May 18, 2020 1969, as amended (42 U.S.C. 4321–4347 Douglas N. Haywood, et seq.), and its implementing T. 10 N., R. 1 E., accepted May 15, 2020 Chief Cadastral Surveyor, Alaska. regulations at 40 CFR 1500–1508, as T. 11 N., R. 1 E., accepted May 22, 2020 well as in compliance with section 10(c) T. 12 N., R. 1 E., accepted May 15, 2020 [FR Doc. 2020–14243 Filed 7–1–20; 8:45 am] T. 9 N., R. 1 W., accepted May 15, 2020 BILLING CODE 4310–JA–P of the Endangered Species Act (16 T. 10 N., R. 1 W., accepted May 18, 2020 U.S.C. 1531–1544 et seq.) and its T. 11 N., R. 1 W., accepted May 15, 2020 implementing regulations at 50 CFR T. 12 N., R. 1 W., accepted May 18, 2020 DEPARTMENT OF THE INTERIOR 17.22 and 17.32. T. 13 N., R. 1 W., accepted May 18, 2020 T. 14 N., R. 1 W., accepted May 18, 2020 Michael Fris, U.S. Survey No. 14469, accepted June 6, National Park Service Acting Field Supervisor, Sacramento Fish and 2020, situated in T. 10 N., R. 9 W. [NPS–WASO–NRNHL–DTS#–30459; Wildlife Office, U.S. Fish and Wildlife Service, Fairbanks Meridian, Alaska PPWOCRADI0, PCU00RP14.R50000] Sacramento, California. [FR Doc. 2020–14327 Filed 7–1–20; 8:45 am] U.S. Survey No. 14487, accepted June 9, National Register of Historic Places; 2020, situated in T. 2 N., R. 16 W. Notification of Pending Nominations BILLING CODE 4333–15–P T. 17 S., R. 7 W., accepted May 14, 2020 and Related Actions Kateel River Meridian, Alaska AGENCY: National Park Service, Interior. DEPARTMENT OF THE INTERIOR T. 7 N., R. 22 E., accepted June 9, 2020 T. 8 N., R. 25 E., accepted June 9, 2020 ACTION: Notice. Bureau of Land Management T. 20 S., R. 3 W., accepted May 18, 2020 SUMMARY: The National Park Service is [LLAK940000.L14100000. Seward Mieridian, Alaska soliciting electronic comments on the BX0000.20X.LXSS001L0100] U. S. Survey No. 14468, accepted June 6, significance of properties nominated 2020, situated in T. 30 N., R. 12 E. before June 13, 2020, for listing or Filing of Plats of Survey: Alaska T. 1 N., R. 11 W., accepted May 18, 2020 related actions in the National Register T. 2 N., R. 11 W., accepted May 18, 2020 AGENCY: Bureau of Land Management, of Historic Places. U. S. Survey No. 3230, accepted May 11, Interior. 2020, situated in T. 8 N., R. 71 W. DATES: Comments should be submitted ACTION: Notice of Official Filing. U.S. Survey No. 8667, accepted June 22, electronically by July 17, 2020. 2020, situated in T. 4 S., R. 29 W. ADDRESSES: Comments are encouraged SUMMARY: The plats of survey of lands U. S. Survey No. 14470, accepted June 6, to be submitted electronically to described in this notice are scheduled to 2020, situated in T. 13 S., R. 55 W. National_Register_Submissions@ be officially filed in the Bureau of Land A person or party who wishes to protest nps.gov with the subject line ‘‘Public Management (BLM), Alaska State Office, one or more plats of survey identified above Comment on .’’ If you State Director for the BLM in Alaska. The were executed at the request of Ahtna, have no access to email you may send Incorporated, the Bureau of Indian notice of protest must identify the plat(s) of survey that the person or party wishes to them via U.S. Postal Service and all Affairs and BLM, are necessary for the protest. You must file the notice of protest other carriers to the National Register of management of these lands. before the scheduled date of official filing for Historic Places, National Park Service, DATES: The BLM must receive protests the plat(s) of survey being protested. The 1849 C Street NW, MS 7228, by August 3, 2020. BLM will not consider any notice of protest Washington, DC 20240. filed after the scheduled date of official ADDRESSES: You may buy a copy of the SUPPLEMENTARY INFORMATION: The filing. A notice of protest is considered filed plats from the BLM Alaska Public on the date it is received by the State Director properties listed in this notice are being Information Center, 222 W. 7th Avenue, for the BLM in Alaska during regular considered for listing or related actions Mailstop 13, Anchorage, AK 99513. business hours; if received after regular in the National Register of Historic Please use this address when filing business hours, a notice of protest will be Places. Nominations for their

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39932 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

consideration were received by the Jerome County TEXAS National Park Service before June 13, Greenwood School (Public School Buildings Tarrant County 2020. Pursuant to Section 60.13 of 36 in Idaho MPS), 2398 East 990 South, Fair Building, 307 West 7th St., Fort Worth, CFR part 60, comments are being Hazelton, MP100005364 SG100005350 accepted concerning the significance of MINNESOTA the nominated properties under the WISCONSIN National Register criteria for evaluation. Ramsey County Bayfield County Before including your address, phone United States Bedding Company, 550 Shaw Point Historic District, Sand Island, number, email address, or other Vandalia St., St. Paul, SG100005358 Apostle Islands NL, Bayfield vicinity, personal identifying information in your Winona County SG100005371 comment, you should be aware that A request for removal has been made for your entire comment—including your Winona Athletic Club, 773 East 5th St., the following resource: personal identifying information—may Winona, SG100005359 TENNESSEE be made publicly available at any time. OHIO While you can ask us in your comment Williamson County Greene County to withhold your personal identifying Morton, George W., House, (Williamson information from public review, we Tawawa Chimney Corner, 1198 Brush Row County MRA), U.S. Alt. 411⁄2 mi. North of cannot guarantee that we will be able to Rd., Wilberforce, SG100005361 Sunset Rd., Nolensville vicinity, OT88000337 do so. PENNSYLVANIA Nominations submitted by State or Additional documentation has been Tribal Historic Preservation Officers: Allegheny County received for the following resource: Crawford Grill No. 2, 2141 Wylie Ave., ALABAMA VIRGINIA Pittsburgh, SG100005373 Richmond Independent City, Scott House Monroe County Cumberland County (Additional Documentation), 909 West Vanity Fair Park, 271 Park Dr., Monroeville, Mount Tabor AME Zion Church and Franklin St., Richmond, AD05001545 SG100005354 Cemetery, (African American Churches Nominations submitted by Federal Montgomery County and Cemeteries in Pennsylvania, c. 1644– Preservation Officers: The State Historic Preservation Officer Bricklayers Hall, 530 South Union St., c. 1970 MPS), Cedar St., Mount Holly reviewed the following nominations and Montgomery, SG100005355 Springs, MP100005377 responded to the Federal Preservation Officer Tuscaloosa County Northampton County within 45 days of receipt of the nominations Alabama Book Store, The, 1015 University Wagner, John and Family Farmstead and supports listing the properties in the Blvd., Tuscaloosa, SG100005356 (Agricultural Resources of Pennsylvania, c. National Register of Historic Places. 1700–1960 MPS), 1789 Meadows Rd., COLORADO GEORGIA Lower Saucon Township, MP100005357 Denver County Glynn County TENNESSEE Fountain Inn (Commercial Resources of the Fort Frederica National Monument East Colfax Avenue Corridor MPS), 3015 Hamilton County (Boundary Increase), Address Restricted, East Colfax Ave., Denver, MP100005378 St. Simons Island vicinity, BC100005351 Dixie Mercerizing Company, 951 South Fort Frederica National Monument Jefferson County Watkins St., Chattanooga, SG100005374 (Additional Documentation), 12 mi, North Fort, The (Boundary Increase), 19192 CO 8, Hardin County of Brunswick, Brunswick vicinity, AD66000065 Morrison vicinity, BC100005379 Arch Bridge, Arch Loop, Olive Hill, Montrose County SG100005375 Authority: Section 60.13 of 36 CFR part 60. Montrose Fruit & Produce Association Montgomery County Dated: June 16, 2020. Building, 39 West Main St., Montrose, Sherry A. Frear, Sulphur Fork Bridge, 3300 Old Clarksville SG100005380 Hwy. over the Sulphur Fork of the Red Chief, National Register of Historic Places/ FLORIDA River. Adams vicinity, SG100005366 National Historic Landmarks Program. [FR Doc. 2020–14256 Filed 7–1–20; 8:45 am] Clay County Robertson County BILLING CODE 4312–52–P Gold Head Branch State Park (Florida’s New Sulphur Fork Bridge, 3300 Old Clarksville Deal Resources MPS), 6239 FL 21, Hwy. over the Sulphur Fork of the Red Keystone Heights vicinity, MP100005381 River. Adams vicinity, SG100005366 INTERNATIONAL TRADE Flagler County Trousdale County COMMISSION Espanola Schoolhouse (Florida’s Historic Ward School, 113 Hall St., Hartsville, [Investigation No. 701–TA–630 (Final)] Black Public Schools MPS), 98 Knox Jones SG100005367 Ave., Bunnell, MP100005382 Van Buren County Glass Containers From China Leon County Higginbotham Turnpike, Pleasant Hill Determination Camp House, 2307 Ellicott Dr., Tallahassee, Cemetery Rd., Spencer vicinity, On the basis of the record 1 developed SG100005383 SG100005368 in the subject investigation, the United IDAHO Warren County States International Trade Commission Ada County Higginbotham Turnpike, Pleasant Hill (‘‘Commission’’) determines, pursuant Robbins, Corilla J. and Orlando, House, 512 Cemetery Rd., Spencer vicinity, to the Tariff Act of 1930 (‘‘the Act’’), West Idaho St., Boise, SG100005362 SG100005368 that an industry in the United States is Bingham County Wayne County 1 The record is defined in sec. 207.2(f) of the Just, Nels and Emma, House, 995 Reid Rd., Wayne County Courthouse, 100 Court Cir., Commission’s Rules of Practice and Procedure (19 Firth, SG100005363 Waynesboro, SG100005369 CFR 207.2(f)).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39933

not materially injured or threatened Dated: June 26, 2020. of the Secretary at 202–205–2000. with material injury by reason of Lisa Barton, General information concerning the imports of glass containers from China, Secretary to the Commission. Commission may also be obtained by provided for in subheading 7010.90.50 [FR Doc. 2020–14240 Filed 7–1–20; 8:45 am] accessing its internet server (https:// of the Harmonized Tariff Schedule of BILLING CODE 7020–02–P www.usitc.gov). The public record for the United States, that have been found these investigations may be viewed on by the U.S. Department of Commerce the Commission’s electronic docket (‘‘Commerce’’) to be subsidized by the INTERNATIONAL TRADE (EDIS) at https://edis.usitc.gov. government of China.2 COMMISSION SUPPLEMENTARY INFORMATION: Background.—These investigations Background [Investigation Nos. 701–TA–649 and 731– TA–1523 (Preliminary)] are being instituted, pursuant to The Commission instituted this sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and investigation effective September 25, Twist Ties From China; Institution of Anti-Dumping and Countervailing Duty 1673b(a)), in response to a petition filed 2019, following receipt of antidumping Investigations and Scheduling of on June 26, 2020 by Bedford Industries and countervailing duty petitions filed Preliminary Phase Investigations Inc., Worthington, Minnesota. with the Commission and Commerce by For further information concerning the American Glass Packaging Coalition, AGENCY: United States International the conduct of these investigations and Tampa, Florida, and Chicago, Illinois. Trade Commission. rules of general application, consult the The Commission scheduled the final ACTION: Notice. Commission’s Rules of Practice and phase of the investigation following Procedure, part 201, subparts A and B notification of a preliminary SUMMARY: The Commission hereby gives (19 CFR part 201), and part 207, determination by Commerce that notice of the institution of investigations subparts A and B (19 CFR part 207). imports of glass containers from China and commencement of preliminary Participation in the investigations and were being subsidized within the phase antidumping and countervailing public service list.—Persons (other than meaning of section 703(b) of the Act (19 duty investigation Nos. 701–TA–649 petitioners) wishing to participate in the U.S.C. 1671b(b)). Notice of the and 731–TA–1523 (Preliminary) investigations as parties must file an scheduling of the final phase of the pursuant to the Tariff Act of 1930 (‘‘the entry of appearance with the Secretary Act’’) to determine whether there is a Commission’s investigation and of a to the Commission, as provided in reasonable indication that an industry public hearing to be held in connection sections 201.11 and 207.10 of the in the United States is materially therewith was given by posting copies Commission’s rules, not later than seven injured or threatened with material of the notice in the Office of the days after publication of this notice in injury, or the establishment of an the Federal Register. Industrial users Secretary, U.S. International Trade industry in the United States is Commission, Washington, DC, and by and (if the merchandise under materially retarded, by reason of investigation is sold at the retail level) publishing the notice in the Federal imports of twist ties from China, Register of March 6, 2020 (85 FR representative consumer organizations provided for in subheadings 8309.90.00, have the right to appear as parties in 13183). In light of the restrictions on 5609.00.30, 3906.90.20, 3920.51.50, access to the Commission building due Commission antidumping duty and 3923.90.00, 3926.90.99, 4811.59.60, countervailing duty investigations. The to the COVID–19 pandemic, and in 4821.10.40, 4821.90.20, and 4823.90.86 Secretary will prepare a public service accordance with 19 U.S.C. 1677c(a)(1), of the Harmonized Tariff Schedule of list containing the names and addresses the Commission did not conduct an in- the United States, that are alleged to be of all persons, or their representatives, person hearing scheduled for May 6, sold in the United States at less than fair who are parties to these investigations 2020. Instead, the Commission value and alleged to be subsidized by upon the expiration of the period for conducted its hearing through a series of the Government of China. Unless the filing entries of appearance. written questions, submissions of Department of Commerce (‘‘Commerce’’) Limited disclosure of business written testimony, written responses to extends the time for initiation, the proprietary information (BPI) under an questions, Commissioner questions and Commission must reach a preliminary administrative protective order (APO) answers along with closing arguments determination in antidumping and and BPI service list.—Pursuant to and rebuttal remarks via video countervailing duty investigations in 45 section 207.7(a) of the Commission’s conference, and posthearing briefs; all days, or in this case by August 10, 2020. rules, the Secretary will make BPI persons who requested the opportunity The Commission’s views must be gathered in these investigations were permitted to participate. transmitted to Commerce within five available to authorized applicants business days thereafter, or by August representing interested parties (as The Commission made this 17, 2020. determination pursuant to section defined in 19 U.S.C. 1677(9)) who are DATES: June 26, 2020. 705(b) of the Act (19 U.S.C. 1671d(b)). parties to the investigations under the FOR FURTHER INFORMATION CONTACT: It completed and filed its determination APO issued in the investigations, Andres Andrade (202) 205–2078, Office provided that the application is made in this investigation on June 26, 2020. of Investigations, U.S. International not later than seven days after the The views of the Commission are Trade Commission, 500 E Street SW, publication of this notice in the Federal contained in USITC Publication 5068 Washington, DC 20436. Hearing- Register. A separate service list will be (June 2020), entitled Glass Containers impaired persons can obtain maintained by the Secretary for those from China: Investigation No. 701–TA– information on this matter by contacting parties authorized to receive BPI under 630 (Final). the Commission’s TDD terminal on 202– the APO. By order of the Commission. 205–1810. Persons with mobility Conference.—In light of the impairments who will need special restrictions on access to the Commission assistance in gaining access to the building due to the COVID–19 2 85 FR 31141 (May 22, 2020). Commission should contact the Office pandemic, the Commission is

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39934 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

conducting its Title VII (antidumping making the certification, the submitter Hampshire; and Providence, Rhode and countervailing duty) preliminary will acknowledge that any information Island. phase staff conferences through that it submits to the Commission The consent decree requires the submissions of written opening remarks during these investigations may be defendants to pay civil penalties of and written testimony, staff questions disclosed to and used: (i) By the $350,000, including $205,000, plus and written responses to those Commission, its employees and Offices, interest, to the United States and questions, and postconference briefs. and contract personnel (a) for Requests to participate in these written developing or maintaining the records $145,000 to the Commonwealth of proceedings should be emailed to of these or related investigations or Massachusetts; and to perform certain [email protected] (DO reviews, or (b) in internal investigations, measures at the facilities to limit future NOT FILE ON EDIS) on or before July audits, reviews, and evaluations relating VOC emissions. 15, 2020. A nonparty who has testimony to the programs, personnel, and On June 4, 2020, the Department of that may aid the Commission’s operations of the Commission including Justice published a notice in the Federal deliberations may request permission to under 5 U.S.C. Appendix 3; or (ii) by Register opening a period of public participate by submitting a short U.S. government employees and comment on the consent decree for a statement. Please note the Secretary’s contract personnel, solely for period of thirty (30) days through July Office will accept only electronic filings cybersecurity purposes. All contract 6, 2020. By this notice, the Department during this time. Filings must be made personnel will sign appropriate of Justice is extending the public through the Commission’s Electronic nondisclosure agreements. Document Information System (EDIS, comment period through August 5, (Authority: These investigations are being 2020. Comments should be addressed to https://edis.usitc.gov). No in-person conducted under authority of title VII of the paper-based filings or paper copies of the Assistant Attorney General, Tariff Act of 1930; this notice is published Environment and Natural Resources any electronic filings will be accepted pursuant to section 207.12 of the Division, and should refer to United until further notice. Commission’s rules.) Written submissions.—As provided in States, et al. v. Sprague Resources LP, et By order of the Commission. sections 201.8 and 207.15 of the al., D.J. Ref. No. 90–5–2–1–11436. All Commission’s rules, any person may Issued: June 29, 2020. comments must be submitted no later submit to the Commission on or before Lisa Barton, than August 5, 2020. Comments may be July 22, 2020, a written brief containing Secretary to the Commission. submitted either by email or by mail: information and arguments pertinent to [FR Doc. 2020–14297 Filed 7–1–20; 8:45 am] the subject matter of the investigations. BILLING CODE 7020–02–P To submit Send them to: Parties may file written opening remarks comments: and testimony to the Commission on or before July 15, 2020. Staff questions will By e-mail ...... pubcomment-ees.enrd@ DEPARTMENT OF JUSTICE usdoj.gov. be provided to the parties on July 17, By mail ...... Assistant Attorney General, 2020, and written responses should be Notice of Lodging of Proposed U.S. DOJ—ENRD, P.O. submitted to the Commission on or Consent Decree Under the Clean Air Box 7611, Washington, DC before July 22, 2020. All written Act 20044–7611. submissions must conform with the provisions of section 201.8 of the On May 29, 2020, the Department of Commission’s rules; any submissions Justice lodged a proposed consent During the public comment period, that contain BPI must also conform with decree with the United States District the consent decree may be examined the requirements of sections 201.6, Court for the District of Massachusetts, and downloaded at this Justice 207.3, and 207.7 of the Commission’s in the lawsuit entitled United States and Department website: https:// rules. The Commission’s Handbook on Commonwealth of Massachusetts v. www.justice.gov/enrd/consent-decrees. Filing Procedures, available on the Sprague Resources LP and Sprague Paper copies of the consent decree are Commission’s website at https:// Operating Resources, LLC, Civil Action available upon written request and www.usitc.gov/documents/handbook_ No. 1:20–cv–11026. payment of reproduction costs. Such on_filing_procedures.pdf, elaborates The United States filed this lawsuit requests and payments should be upon the Commission’s procedures with under Section 113(a)(1) of the Clean Air addressed to: respect to filings. Act, 42 U.S.C. 7413(a)(1), and the Consent Decree Library, In accordance with sections 201.16(c) Massachusetts, Maine, New Hampshire, and 207.3 of the rules, each document and Rhode Island state implementation U.S. DOJ—ENRD, filed by a party to the investigations plans. The Commonwealth of P.O. Box 7611, must be served on all other parties to Massachusetts is a co-plaintiff and the investigations (as identified by brings claims arising under the Washington, DC 20044–7611. either the public or BPI service list), and Massachusetts Clean Air Act and With each such request, please a certificate of service must be timely Massachusetts air pollution control enclose a check or money order for filed. The Secretary will not accept a regulations. The complaint seeks civil $14.75 (25 cents per page reproduction document for filing without a certificate penalties and injunctive relief arising cost) per paper copy, payable to the of service. from alleged emissions of volatile United States Treasury. Certification.—Pursuant to section organic compounds (VOC) without 207.3 of the Commission’s rules, any required permits at the defendants’ Henry S. Friedman, person submitting information to the heated petroleum (asphalt and #6 oil) Assistant Section Chief, Environmental Commission in connection with these storage and distribution facilities in Enforcement Section, Environment and investigations must certify that the Everett and Quincy, Massachusetts; Natural Resources Division. information is accurate and complete to Searsport and South Portland, Maine; [FR Doc. 2020–14310 Filed 7–1–20; 8:45 am] the best of the submitter’s knowledge. In Newington (River Road), New BILLING CODE P

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39935

DEPARTMENT OF JUSTICE Statistics, including whether the offices for investigation and possible information will have practical utility; prosecution. BJS publishes FIST data on [OMB Number 1121–0314] —Evaluate the accuracy of the agency’s the BJS website in statistical tables and Agency Information Collection estimate of the burden of the uses the information to respond to Activities: Proposed Collection; proposed collection of information, inquiries from Congress, federal, state, Comments Requested; Extension, With including the validity of the and local government officials, Change, of a Previously Approved methodology and assumptions used; researchers, students, the media, and —Evaluate whether and if so how the Collection: Firearm Inquiry Statistics other members of the general public quality, utility, and clarity of the (FIST) Program interested in criminal justice statistics. information to be collected can be (5) An estimate of the total number of AGENCY: Bureau of Justice Statistics, enhanced; and respondents and the amount of time Department of Justice. —Minimize the burden of the collection estimated for an average respondent to ACTION: 30-Day notice. of information on those who are to respond: A projected 1,105 respondents respond, including through the use of will take part in the FIST data collection SUMMARY: The Department of Justice appropriate automated, electronic, with an average of 25 minutes for each (DOJ), Office of Justice Programs, mechanical, or other technological to complete the FIST survey form. Bureau of Justice Statistics, will be collection techniques or other forms (6) An estimate of the total public submitting the following information of information technology, e.g., burden (in hours) associated with the collection request to the Office of permitting electronic submission of collection: The estimated public burden Management and Budget (OMB) for responses. hours associated with this collection is review and approval in accordance with 460 hours annually. the Paperwork Reduction Act of 1995. Overview of This Information If additional information is required The proposed information collection Collection contact: Melody Braswell, Department was previously published in the Federal (1) Type of Information Collection: Clearance Officer, United States Register allowing a 60-day comment Extension of a currently approved Department of Justice, Justice period. BJS received one comment in collection. Management Division, Policy and response. The comment supported (2) The Title of the Form/Collection: Planning Staff, Two Constitution expanding the collection to a census of 2019–2021 Firearm Inquiry Statistics Square, 145 N Street NE, 3E.405A, all agencies rather than a sample, Program. Washington, DC 20530. changes to the questions from previous (3) The agency form number, if any, versions of the survey, and requested and the applicable component of the Dated: June 26, 2020. expansion of the data collection to Department sponsoring the collection: Melody Braswell, include information on prosecutions of The form number is FIST–1. The Department Clearance Officer for PRA, U.S. firearm dealers and timelier reporting. applicable component within the Department of Justice. BJS retained the changes to the Department of Justice is the Bureau of [FR Doc. 2020–14245 Filed 7–1–20; 8:45 am] questions. In reviewing the Justice Statistics, Office of Justice BILLING CODE 4410–18–P methodology, BJS decided to continue Programs. using a sample rather than a census of (4) Affected public who will be asked or required to respond, as well as a brief checking agencies to keep a lower total DEPARTMENT OF LABOR burden. The FIST program is not able to abstract: Through the Firearm Inquiry capture the information required to Statistics (FIST) Program, the Bureau of Justice Statistics (BJS) obtains Employee Benefits Security report on prosecutions of firearm Administration dealers. information from state and local checking agencies responsible for DATES: Comments are encouraged and 200th Meeting of the Advisory Council maintaining records on the number of on Employee Welfare and Pension will be accepted for 30 days until background checks for firearm transfers August 3, 2020. Benefit Plans; Notice of or permits that were issued, processed, Teleconference Meeting FOR FURTHER INFORMATION CONTACT: tracked, or conducted during the Written comments and calendar year. Specifically, state and Pursuant to the authority contained in recommendations for the proposed local checking agencies are asked to Section 512 of the Employee Retirement information collection should be sent provide information on the number of Income Security Act of 1974 (ERISA), 29 within 30 days of publication of this applications and denials for firearm U.S.C. 1142, the 200th open meeting of notice to www.reginfo.gov/public/do/ transfers received or tracked by the the Advisory Council on Employee PRAMain. Find this particular agency and reasons why applications Welfare and Pension Benefit Plans (also information collection by selecting were denied. BJS combines these data known as the ERISA Advisory Council) ‘‘Currently under 30-day Review—Open with the Federal Bureau of will be held via a teleconference on for Public Comments’’ or by using the Investigation’s (FBI) National Instant Thursday, July 30, 2020. search function. Criminal Background Check System The meeting will occur from 1:00 p.m. SUPPLEMENTARY INFORMATION: Written (NICS) transaction data to produce to approximately 5:00 p.m. (ET). The comments and suggestions from the comprehensive national statistics on purpose of the open meeting is to set the public and affected agencies concerning firearm applications and denials topics to be addressed by the Council in the proposed collection of information resulting from the Brady Handgun 2020. Also, the ERISA Advisory Council are encouraged. Your comments should Violence Prevention Act of 1993 and members will receive an update from address one or more of the following similar state laws governing background leadership of the Employee Benefits four points: checks and firearm transfers. BJS also Security Administration (EBSA). —Evaluate whether the proposed plans to collect information from the Instructions for the public to attend collection of information is necessary Bureau of Alcohol, Tobacco, Firearms, the teleconference will be posted on the for the proper performance of the and Explosives (ATF) on denials ERISA Advisory Council’s web page at functions of the Bureau of Justice screened and referred to ATF field https://www.dol.gov/agencies/ebsa/

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39936 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

about-ebsa/about-us/erisa-advisory- Agenda: The times provided below transaction of National Science Board council prior to the meeting. are approximations for when each business, as follows: Organizations or members of the agenda item is anticipated to be TIME & DATE: Monday, July 6, 2020 from public wishing to submit a written discussed (all times Eastern Daylight 1:00–2:00 p.m. EDT. statement may do so on or before Time): PLACE: This meeting will be held by Thursday, July 23, 2020, to Christine Friday, July 24, 2020 teleconference through the National Donahue, Executive Secretary, ERISA Science Foundation. Advisory Council. Statements should be 10:00 a.m.—10:10 a.m. Welcome and transmitted electronically as an email Call to Order, Chairman Neil STATUS: Closed attachment in text or pdf format to Romano MATTERS TO BE CONSIDERED: The agenda [email protected]. Statements Roll Call: Council Members of the teleconference is: Committee transmitted electronically that are Roll Call: Staff Chair’s Opening Remarks; Discussion of included in the body of the email will Call for Vote on Acceptance of the NOIRLab context item. not be accepted. Relevant statements Agenda CONTACT PERSON FOR MORE INFORMATION: received on or before Thursday, July 23, Call for Vote of May 2020 Council Point of contact for this meeting is: Elise 2020, will be included in the record of Meeting Minutes Lipkowitz,[email protected], telephone: the meeting. No deletions, 10:10 a.m.–11:30 a.m. Executive Reports (703) 292–7000. Meeting information modifications, or redactions will be Chairman’s Report, Neil Romano and updates may be found at http:// made to the statements received, as they Executive Report, Lisa Grubb www.nsf.gov/nsb/meetings/ are public records. Financial Report, Wendy S. Harbour notices.jsp#sunshine. Please refer to the Individuals or representatives of and Keith Woods National Science Board organizations wishing to address the Governance Report, Billy Altom and websitewww.nsf.gov/nsb for general ERISA Advisory Council should Lisa Grubb Legislative Affairs information. forward their requests to the Executive Report, Anne Sommers Policy Secretary no later than Thursday, July Report, Joan Durocher Chris Blair, 23, 2020, via email to 11:30 a.m.—12:00 p.m. Release of Executive Assistant to the National Science [email protected] or by 2020 Progress Report Board Office. telephoning (202) 693–8641. Oral 12:00 p.m. Call for Motion to Adjourn [FR Doc. 2020–14356 Filed 6–30–20; 11:15 am] presentations will be limited to ten Public Comment: Public comments BILLING CODE 7555–01–P minutes, time permitting, but an are important in bringing attention to extended statement may be submitted disability issues. Please submit your for the record. written comments to PublicComment@ NUCLEAR REGULATORY Individuals with disabilities who ncd.gov. Your comments will be shared COMMISSION need special accommodations, or others with council members following the who need special accommodations, meeting. To ensure your comments are [NRC–2018–0155] should contact the Executive Secretary accurately reflected, please include your Instructions for Completing NRC’s no later than Thursday, July 23, 2020, name, email, and location of business, if Uniform Low-Level Radioactive Waste via email to [email protected] applicable. Manifest or by telephoning (202) 693–8641. CONTACT PERSON FOR MORE INFORMATION: For more information about the Anne Sommers, NCD, 1331 F Street AGENCY: Nuclear Regulatory meeting, contact the Executive Secretary NW, Suite 850, Washington, DC 20004; Commission. via email to [email protected] 202–272–2004 (V), 202–272–2022 (Fax). ACTION: NUREG; issuance. or by telephoning (202) 693–8641. Accommodations: A CART streamtext Signed at Washington, DC this 26th day of link has been arranged for this meeting. SUMMARY: The U.S. Nuclear Regulatory June, 2020. The web link to access CART on Friday, Commission (NRC) has issued NUREG/ Jeanne Klinefelter Wilson, July 24, 2020 is: https:// BR–0204, Revision 3, ‘‘Instructions for Completing NRC’s Uniform Low-Level Acting Assistant Secretary, Employee Benefits www.streamtext.net/player?event=NCD- Security Administration. QUARTERLY Radioactive Waste Manifest.’’ This document provides instructions to [FR Doc. 2020–14228 Filed 7–1–20; 8:45 am] Dated: June 30, 2020. prepare NRC Form 540 (Uniform Low- BILLING CODE 4510–29–P Sharon M. Lisa Grubb, Level Radioactive Waste Manifest Executive Director. (Shipping Paper)), NRC Form 541 [FR Doc. 2020–14482 Filed 6–30–20; 4:15 pm] (Uniform Low-Level Radioactive Waste NATIONAL COUNCIL ON DISABILITY BILLING CODE 8421–02–P Manifest (Container and Waste Sunshine Act Meetings Description)), and NRC Form 542 (Uniform Low-Level Radioactive Waste TIME AND DATE: The Members of the NATIONAL SCIENCE FOUNDATION Manifest (Manifest Index and Regional National Council on Disability (NCD) Compact Tabulation)), which have also Sunshine Act Meeting; National will meet via conference call Friday, been revised. Science Board July 24, 2020, 10:00 a.m.–12:00 p.m., DATES: NUREG/BR–0204, Revision 3 EDT. Interested parties may join the The National Science Board’s Awards and its forms became effective on July meeting in listen-only capacity. Call-In and Facilities Committee, pursuant to 2, 2020. Use of the NUREG/BR–0204, Number: 866–248–8441; Passcode: NSF regulations (45 CFR part 614), the Revision 2 forms should be 6077610, Host Name: Neil Romano. National Science Foundation Act, as discontinued on or before September 30, MATTERS TO BE CONSIDERED: The Council amended (42 U.S.C. 1862n–5), and the 2020. will conduct a business meeting, to Government in the Sunshine Act (5 ADDRESSES: Please refer to Docket ID include release of the 2020 Progress U.S.C. 552b), hereby gives notice of the NRC–2018–0155 when contacting the Report. scheduling of a teleconference for the NRC about the availability of

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39937

information regarding this document. comment period until January 31, 2019, information related to this document You may obtain publicly-available was subsequently published on using any of the following methods: information related to this document December 21, 2018 (83 FR 65759). • Federal Rulemaking Website: Go to using any of the following methods: Comments received on NUREG/BR– https://www.regulations.gov and search • Federal Rulemaking Web site: Go to 0204, Rev. 3 and the forms can be found for Docket ID NRC–2020–0158. Address https://www.regulations.gov and search on the Federal Rulemaking website questions about NRC docket IDs in for Docket ID NRC–2018–0155. Address (https://www.regulations.gov) under Regulations.gov to Jennifer Borges; questions about NRC dockets IDs in Docket ID NRC–2018–0155. The final telephone: 301–287–9127; email: Regulations.gov to Jennifer Borges; NUREG/BR–0204, Rev. 3 and the NRC’s [email protected]. For technical telephone: 301–287–9127; email: comment resolutions are available in questions, contact the individual listed [email protected]. For technical ADAMS under Accession Nos. in the FOR FURTHER INFORMATION questions, contact the individuals listed ML20178A433 and ML19214A186, CONTACT section of this document. in the FOR FURTHER INFORMATION respectively. • NRC’s Agencywide Documents CONTACT section of this document. Access and Management System II. Congressional Review Act • NRC’s Agencywide Documents (ADAMS): You may obtain publicly- Access and Management System This document is a rule as defined in available documents online in the (ADAMS): You may obtain publicly- the Congressional Review Act (5 U.S.C. ADAMS Public Documents collection at available documents online in the 801–808). However, the Office of https://www.nrc.gov/reading-rm/ ADAMS Public Documents collection at Management and Budget has not found adams.html. To begin the search, select https://www.nrc.gov/reading-rm/ it to be a major rule as defined in the ‘‘Begin Web-based ADAMS Search.’’ For adams.html. To begin the search, select Congressional Review Act. The revision problems with ADAMS, please contact ‘‘Begin Web-based ADAMS Search.’’ For to the guidance is available in ADAMS the NRC’s Public Document Room problems with ADAMS, please contact under Accession No. ML20178A433 and reference staff at 1–800–397–4209, 301– the NRC’s Public Document Room (PDR) is available for immediate use by all 415–4737, or by email to pdr.resource@ reference staff at 1–800–397–4209, 301– stakeholders. nrc.gov. 415–4737, or by email to pdr.resource@ Dated: June 29, 2020. For the convenience of the reader, nrc.gov. The ADAMS accession number For the Nuclear Regulatory Commission. instructions about obtaining materials for each document referenced (if it is Patricia K. Holahan, referenced in this document are available in ADAMS) is provided the provided in the ‘‘Availability of first time that it is mentioned in this Director, Division of Decommissioning, Uranium Recovery, and Waste Programs, Documents’’ section. document. FOR FURTHER INFORMATION CONTACT: John • Office of Nuclear Material Safety and NRC’s Form Library: NRC Forms Safeguards. McKirgan, Office of Nuclear Material 540, 541, and 542 can be accessed on [FR Doc. 2020–14265 Filed 7–1–20; 8:45 am] Safety and Safeguards, U.S. Nuclear the NRC Form Library at https:// BILLING CODE 7590–01–P Regulatory Commission, Washington, www.nrc.gov/reading-rm/doc- DC 20555–0001; telephone: 301–415– collections/forms/. 5722, email: [email protected]. FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION: Robert Gladney, telephone: 301–415– COMMISSION 1022, email: [email protected] I. Introduction [Docket No. 72–01; NRC–2020–0158] and Karen Pinkston, telephone: 301– The NRC issued an exemption in 415–3650, email: Karen.Pinkston@ GE Hitachi Nuclear Energy, LLC response to a request from GEH, dated nrc.gov. Both are staff of the Office of April 30, 2020. The exemption allows Nuclear Material Safety and Safeguards AGENCY: Nuclear Regulatory GEH to submit a renewal application for at the U.S. Nuclear Regulatory Commission. the Morris Operation ISFSI license, Commission, Washington, DC 20555– ACTION: Exemption; issuance. SNM–2500, after the timely renewal due 0001. date of May 31, 2020, while continuing SUMMARY: The U.S. Nuclear Regulatory to be afforded protection of the timely SUPPLEMENTARY INFORMATION: Commission (NRC) issued an exemption renewal provision contained in in response to a request from GE Hitachi I. Discussion § 72.42(c) of title 10 of the Code of Nuclear Energy, LLC (GEH) related to NUREG/BR–0204, Rev. 3, Federal Regulations (10 CFR). GEH the COVID–19 public health emergency ‘‘Instructions for Completing the NRC’s requested an extension of the date to (PHE). The exemption allows GEH to Uniform Low-Level Radioactive Waste submit the license renewal application submit a renewal application for the Manifest,’’ provides guidance on to on or before July 31, 2020, as state Morris Operation Independent Spent completing NRC Forms 540, 541, and restrictions on business activities as a Fuel Storage Installation (ISFSI) license, 542 (i.e., the NRC’s Uniform Low-Level result of the COVID–19 PHE have Special Nuclear Materials (SNM) Waste Manifest). The NRC has revised caused reduced staffing, impacted work License No. SNM–2500, after the timely NUREG/BR–0204 and NRC Forms 540, schedules, and limited facility and renewal due date, while continuing to 541, and 542 to address stakeholder information access necessary for GEH to be afforded protection of the timely feedback since the publication of prepare its license renewal application renewal provision contained in NRC Revision 2 of the NUREG/BR (ADAMS by the timely renewal due date. The regulations. Accession No. ML071870172). A request extension will allow GEH to provide a for comments on Draft NUREG/BR– DATES: The exemption was issued on complete license renewal application 0204, Rev. 3 (ADAMS Accession No. May 13, 2020. for NRC to review. ML18261A002) and its forms was ADDRESSES: Please refer to Docket ID The NRC publishes a list of approved published in the Federal Register on NRC–2020–0158 when contacting the licensing actions related to the COVID– October 30, 2018 (83 FR 54620), with a NRC about the availability of 19 PHE on its public website at https:// 60-day comment period ending on information regarding this document. www.nrc.gov/about-nrc/covid-19/ December 31, 2018. An extension of the You may obtain publicly-available materials/storage.html.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39938 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

II. Availability of Documents issued. For additional directions on The table below provides the ADAMS accessing information in ADAMS, see Accession Numbers for the exemption the ADDRESSES section of this document.

ADAMS Document title Accession No.

Request to Extend the Due Date for Submitting the GEH Morris Operation License Renewal Application ...... ML20121A272 Issuance of Exemption from 10 CFR 72.42(c) for GEH Morris Operation ISFSI ...... ML20134H886

The NRC may post additional mechanical, structural, and electrical available documents online in the materials to the Federal Rulemaking structures and components. ADAMS Public Documents collection at website at https://www.regulations.gov, DATES: Submit comments by August 3, https://www.nrc.gov/reading-rm/ under Docket ID NRC–2020–0158. The 2020. Comments received after this date adams.html. To begin the search, select Federal Rulemaking website allows you will be considered if it is practical to do ‘‘Begin Web-based ADAMS Search.’’ For to receive alerts when changes or so, but the Commission is able to ensure problems with ADAMS, please contact additions occur in a docket folder. To consideration only for comments the NRC’s Public Document Room (PDR) subscribe: (1) Navigate to the docket received on or before this date. reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ folder (NRC–2020–0158); (2) click the ADDRESSES: You may submit comments ‘‘Sign up for Email Alerts’’ link; and (3) by any of the following methods: nrc.gov. For the convenience of the enter your email address and select how • Federal Rulemaking Website: Go to reader, instructions about obtaining frequently you would like to receive https://www.regulations.gov and search materials referenced in this document emails (daily, weekly, or monthly). for Docket ID NRC–2020–0160. Address are provided in the ‘‘Availability of Documents’’ section. Dated: June 29, 2020. questions about NRC dockets IDs in • NRC’s License Renewal Interim Regulations.gov to Jennifer Borges; For the Nuclear Regulatory Commission. Staff Guidance Website: SLR–ISG John B. McKirgan, telephone: 301–287–9127; email: documents are available online at Chief, Storage and Transportation Licensing [email protected]. For technical https://www.nrc.gov/reading-rm/doc- Branch, Division of Fuel Management, Office questions, contact the individual(s) collections/isg/license-renewal.html. of Nuclear Material Safety and Safeguards. listed in the FOR FURTHER INFORMATION [FR Doc. 2020–14303 Filed 7–1–20; 8:45 am] CONTACT section of this document. B. Submitting Comments • BILLING CODE 7590–01–P Mail comments to: Office of Please include Docket ID NRC–2020– Administration, Mail Stop: TWFN–7– 0160 in your comment submission. A60M, U.S. Nuclear Regulatory The NRC cautions you not to include NUCLEAR REGULATORY Commission, Washington, DC 20555– identifying or contact information that COMMISSION 0001, ATTN: Program Management, you do not want to be publicly Announcements and Editing Staff. disclosed in your comment submission. [NRC–2020–0160] For additional direction on obtaining The NRC will post all comment information and submitting comments, submissions at https:// Changes to Subsequent License see ‘‘Obtaining Information and www.regulations.gov as well as enter the Renewal Guidance Documents Submitting Comments’’ in the comment submissions into ADAMS. SUPPLEMENTARY INFORMATION section of The NRC does not routinely edit AGENCY: Nuclear Regulatory this document. comment submissions to remove Commission. FOR FURTHER INFORMATION CONTACT: identifying or contact information. ACTION: Draft interim staff guidance; William (Butch) Burton, Office of If you are requesting or aggregating request for comment. Nuclear Reactor Regulation, U.S. comments from other persons for Nuclear Regulatory Commission, submission to the NRC, then you should SUMMARY: The U.S. Nuclear Regulatory Washington, DC 20555–0001; telephone: inform those persons not to include Commission (NRC) is issuing for use 301–415–6332; email: William.Burton@ identifying or contact information that and to solicit public comment, three nrc.gov. they do not want to be publicly draft interim staff guidance documents disclosed in their comment submission. SUPPLEMENTARY INFORMATION: (ISGs) that propose changes to the Your request should state that the NRC NRC’s subsequent license renewal I. Obtaining Information and does not routinely edit comment guidance documents. Specifically, the Submitting Comments submissions to remove such information ISGs revise guidance contained in before making the comment A. Obtaining Information NUREG–2191, ‘‘Generic Aging Lessons submissions available to the public or Learned for Subsequent License Please refer to Docket ID NRC–2020– entering the comment into ADAMS. Renewal (GALL–SLR) Report,’’ and 0160 when contacting the NRC about NUREG–2192, ‘‘Standard Review Plan the availability of information for this II. Background for Review of Subsequent License action. You may obtain publicly- The NRC staff has completed its safety Renewal Applications for Nuclear available information related to this reviews of the first three Subsequent Power Plants.’’ NUREG–2191 and action by any of the following methods: License Renewal Applications (SLRAs) NUREG–2192 were published in July • Federal Rulemaking Website: Go to for Turkey Point Nuclear Generating 2017 and are not scheduled to be https://www.regulations.gov and search Units 3 and 4, Peach Bottom Atomic updated for several years. The proposed for Docket ID NRC–2020–0160. Power Station, Units 2 and 3, and Surry changes to these documents are • NRC’s Agencywide Documents Power Station, Units 1 and 2. The NRC contained in the three draft ISGs that Access and Management System staff used the guidance contained in update aging management criteria for (ADAMS): You may obtain publicly- NUREG–2191, ‘‘Generic Aging Lessons

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39939

Learned for Subsequent License Updated Aging Management Criteria for Programs for Containments, Renewal (GALL–SLR) Report,’’ and Mechanical Portions of Subsequent Structures and Component Supports NUREG–2192, ‘‘Standard Review Plan License Renewal Guidance,’’ and is Evaluated in Chapters II and III of the for Review of Subsequent License available in ADAMS under Accession GALL–SLR Report,’’ Items 027 and Renewal Applications for Nuclear No. ML20156A330. 040, and corresponding GALL–SLR Power Plants’’ to conduct its SLRA This ISG revises the following aging Report AMR items. safety reviews for those SLRAs. Since management guidance: • AMP XI.S8, ‘‘Protective Coating March 2019, the NRC staff held several • Aging Management Program (AMP) Monitoring and Maintenance’’ public meetings to consider lessons X.M2, ‘‘Neutron Fluence Monitoring’’ • GALL–SLR Report Chapter II AMR learned from these safety reviews and • AMP XI.M2, ‘‘Water Chemistry’’ Item tables identify areas where the technical • AMP XI.M12, ‘‘Thermal Aging • GALL–SLR Report Chapter III AMR guidance in NUREG–2191 and NUREG– Embrittlement of Cast Austenitic Item tables 2192 could be improved or clarified and Stainless-Steel (CASS)’’ • SRP–SLR Section 3.5, ‘‘Aging where new technical guidance was • AMP XI.M21A, ‘‘Closed Treated Management of Containments, warranted. The meetings summaries and Water System’’ Structures, and Component respective ADAMS Accession Numbers • Aging Management Review (AMR) are listed under the ‘‘Availability of Supports,’’ and associated AMR Line Line Items Associated with AMP Items in GALL–SLR Documents’’ section of this document. XI.M26, ‘‘Fire Protection’’ • III. Specific Request for Comments Standard Review Plan—Subsequent C. Draft SLR–ISG–ELECTRICAL–2020– License Renewal (SRP–SLR) Table XX; Updated Aging Management The NRC is issuing for use and to 3.3–1 and Generic Aging Lessons Criteria for Electrical Portions of solicit public comment, three draft ISGs Learned for Subsequent License Subsequent License Renewal Guidance that proposes changes to the NRC’s Renewal (GALL–SLR) Volume 1 Table subsequent license renewal guidance in This ISG is titled, ‘‘Draft SLR–ISG– VII H2 to include a line item to NUREG–2191 and NUREG–2192. ELECTRICAL–2020–XX; Updated Aging manage the reduction of heat transfer NUREG–2191 and NUREG–2192 were Management Criteria for Electrical for a steel heat exchanger radiator published in July 2017 and are not Portions of Subsequent License Renewal exposed internally to diesel fuel oil. scheduled to be updated for several Guidance,’’ and is available in ADAMS • SRP–SLR Table 3.3–1and GALL–SLR years. The process of updating these under Accession No. ML20156A324. Volume 1 Table VII H2 to include a NUREGs involves major review and This ISG revises the following aging line item to manage loss of material evaluation by the staff, the nuclear management guidance: for nickel alloy externally exposed to industry, and the public, and will take • diesel fuel oil AMP XI.E3A, ‘‘Electrical Insulation approximately 5 years once the process • AMP XI.M42, ‘‘Internal Coatings/ for Inaccessible Medium-Voltage begins. Several SLRAs are scheduled for Linings for In-Scope Piping, Piping Power Cables Not Subject to 10 CFR submittal to the NRC for review within Components, Heat Exchangers, and 50.49 Environmental Qualification the next 2 years. Issuance of these ISGs Tanks’’ Requirements’’ is intended to provide improvements in • AMP XI.E3B, ‘‘Electrical Insulation the effectiveness and efficiency of the B. Draft SLR–ISG–STRUCTURES–2020– for Inaccessible Instrument and preparation and review of the SLRAs. XX; Updated Aging Management Control Cables Not Subject to 10 CFR The proposed changes to NUREG– Criteria for Structures Portions of 50.49 Environmental Qualification 2191 and NUREG–2192 are contained in Subsequent License Renewal Guidance Requirements’’ three draft ISGs that update aging • management criteria for mechanical, This ISG is titled, ‘‘Draft SLR–ISG– AMP XI.E3C, ‘‘Electrical Insulation structural, and electrical structures and STRUCTURES–2020–XX; Updated for Inaccessible Low-Voltage Power components. In addition, minor edits Aging Management Criteria for Cables Not Subject to 10 CFR 50.49 are proposed where errors were Structures Portions of Subsequent Environmental Qualification identified in the existing guidance. License Renewal Guidance,’’ and is Requirements’’ available in ADAMS under Accession • AMP XI.E7, ‘‘High-Voltage Insulators A. Draft SLR–ISG–MECHANICAL–2020– No. ML20156A338. XX; Updated Aging Management This ISG revises the following aging IV. Availability of Documents Criteria for Mechanical Portions of management guidance: The documents identified in the Subsequent License Renewal Guidance • SRP–SLR sections 3.5.2.2.1.5 and following table are available to The mechanical ISG is titled, ‘‘Draft 3.5.3.2.1.5, SRP–SLR Table 3.5–1, interested persons in ADAMS, as SLR–ISG–MECHANICAL–2020–XX; ‘‘Summary of Aging Management indicated.

ADAMS Document Accession No.

NUREG–2191, ‘‘Generic Aging Lessons Learned for Subsequent License Renewal (GALL–SLR) Report’’ ...... ML16274A389 ML16274A399 NUREG-2192, ‘‘Standard Review Plan for Review of Subsequent License Renewal Applications for Nuclear Power Plants’’ .... ML16274A402 Draft SLR–ISG–MECHANICAL–2020–XX; Updated Aging Management Criteria for Mechanical Portions of Subsequent Li- ML20156A330 cense Renewal Guidance. Draft SLR–ISG–STRUCTURES–2020–XX; Updated Aging Management Criteria for Structures Portions of Subsequent Li- ML20156A338 cense Renewal Guidance. Draft SLR–ISG–ELECTRICAL–2020–XX; Updated Aging Management Criteria for Electrical Portions of Subsequent License ML20156A324 Renewal Guidance. March 28, 2019, Summary Of Category 2 Public Meeting On Lessons Learned From The Review Of The First Subsequent Li- ML19112A206 cense Renewal Applications. Summary of December 12, 2019, Category 2 Public Meeting On Lessons Learned From The Review Of The First Subsequent ML20016A347 License Renewal Applications.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39940 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

ADAMS Document Accession No.

February 20, 2020, Summary of Category 2 Public Meeting on Lessons Learned from the Review of the First Subsequent Li- ML20076E074 cense Renewal Applications. Summary of March 25, 2020 Meeting with Industry Related to Revisions to Subsequent License Renewal Guidance Docu- ML20107F702 ments. Summary of April 3, 2020 Meeting with Industry Regarding Changes to Subsequent License Renewal Guidance Documents .. ML20107F733 Summary of April 7, 2020 Meeting with Industry Regarding Revisions to the Subsequent License Renewal Guidance Docu- ML20107F699 ments.

The NRC may post additional by 5:30 p.m. on July 21, 2020, and Applicant’s Address: materials to the federal rulemaking should be accompanied by proof of [email protected]. website at https://www.regulations.gov service on applicants, in the form of an Oppenheimer Capital Income Fund under Docket ID NRC–2020–0160. The affidavit or, for lawyers, a certificate of [File No. 811–01512] federal rulemaking website allows you service. Pursuant to Rule 0–5 under the to receive alerts when changes or Act, hearing requests should state the Summary: Applicant seeks an order additions occur in a docket folder. To nature of the writer’s interest, any facts declaring that it has ceased to be an subscribe: (1) Navigate to the docket bearing upon the desirability of a investment company. The applicant has folder (NRC–2020–0160); (2) click the hearing on the matter, the reason for the transferred its assets to AIM Investment ‘‘Sign up for Email Alerts’’ link; and (3) request, and the issues contested. Funds (Invesco Investment Funds), and enter your email address and select how Persons who wish to be notified of a on May 24, 2019, made a final frequently you would like to receive hearing may request notification by distribution to its shareholders based on emails (daily, weekly, or monthly). writing to the Commission’s Secretary at net asset value. Expenses of [email protected]. $1,300,306.94 incurred in connection Dated: June 29, 2020. with the reorganization were paid by the ADDRESSES: The Commission: For the Nuclear Regulatory Commission. applicant’s investment adviser and the [email protected]. Anna H. Bradford, acquiring fund’s investment adviser, Director, Division of New and Renewed FOR FURTHER INFORMATION CONTACT: and/or their affiliates. Licenses, Office of Nuclear Reactor Shawn Davis, Assistant Director, at Filing Date: The application was filed Regulation. (202) 551–6413 or Chief Counsel’s on May 4, 2020. [FR Doc. 2020–14323 Filed 7–1–20; 8:45 am] Office at (202) 551–6821; SEC, Division Applicant’s Address: BILLING CODE 7590–01–P of Investment Management, Chief [email protected]. Counsel’s Office, 100 F Street NE, Washington, DC 20549–8010. Oppenheimer Developing Markets Fund [File No. 811–07657] SECURITIES AND EXCHANGE Cushing ETF Trust [File No. 811–23367] Summary: Applicant seeks an order COMMISSION Summary: Applicant seeks an order declaring that it has ceased to be an [Investment Company Act Release No. declaring that it has ceased to be an investment company. The applicant has 33914] investment company. On November 27, transferred its assets to AIM Investment 2019, applicant made a liquidating Funds (Invesco Investment Funds), and Notice of Applications for distribution to its shareholders based on on May 24, 2019, made a final Deregistration Under Section 8(f) of the net asset value. Expenses of $10,000 distribution to its shareholders based on Investment Company Act of 1940 incurred in connection with the net asset value. Expenses of liquidation were paid by the applicant’s $1,300,306.94 incurred in connection June 26, 2020. investment adviser. with the reorganization were paid by the The following is a notice of Filing Dates: The application was applicant’s investment adviser and the applications for deregistration under filed on November 29, 2019, and acquiring fund’s investment adviser, section 8(f) of the Investment Company amended on June 12, 2020. and/or their affiliates. Act of 1940 for the month of June 2020. Applicant’s Address: kevin.hardy@ Filing Date: The application was filed A copy of each application may be skadden.com. on May 4, 2020. obtained via the Commission’s website Applicant’s Address: Oppenheimer Capital Appreciation by searching for the file number, or for [email protected]. an applicant using the Company name Fund [File No. 811–03105] box, at http://www.sec.gov/search/ Summary: Applicant seeks an order Oppenheimer Dividend Opportunity search.htm or by calling (202) 551– declaring that it has ceased to be an Fund [File No. 811–21208] 8090. An order granting each investment company. The applicant has Summary: Applicant seeks an order application will be issued unless the transferred its assets to AIM Counselor declaring that it has ceased to be an SEC orders a hearing. Interested persons Series Trust (Invesco Counselor Series investment company. The applicant has may request a hearing on any Trust), and on May 24, 2019, made a transferred its assets to AIM Equity application by emailing the SEC’s final distribution to its shareholders Funds (Invesco Equity Funds), and on Secretary at [email protected] based on net asset value. Expenses of May 24, 2019, made a final distribution and serving the relevant applicant with $1,300,306.94 incurred in connection to its shareholders based on net asset a copy of the request by email, if an with the reorganization were paid by the value. Expenses of $1,300,306.94 email address is listed for the relevant applicant’s investment adviser and the incurred in connection with the applicant below, or personally or by acquiring fund’s investment adviser, reorganization were paid by the mail, if a physical address is listed for and/or their affiliates. applicant’s investment adviser and the the relevant applicant below. Hearing Filing Date: The application was filed acquiring fund’s investment adviser, requests should be received by the SEC on May 4, 2020. and/or their affiliates.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39941

Filing Date: The application was filed investment company. The applicant has $1,300,306.94 incurred in connection on May 4, 2020. transferred its assets to AIM with the reorganization were paid by the Applicant’s Address: International Mutual Funds (Invesco applicant’s investment adviser and the [email protected]. International Mutual Funds), and on acquiring fund’s investment adviser, Oppenheimer Emerging Markets May 24, 2019, made a final distribution and/or their affiliates. Innovators Fund [File No. 811–22943] to its shareholders based on net asset Filing Date: The application was filed value. Expenses of $1,300,306.94 on May 4, 2020. Summary: Applicant seeks an order incurred in connection with the Applicant’s Address: declaring that it has ceased to be an reorganization were paid by the [email protected]. investment company. The applicant has applicant’s investment adviser and the transferred its assets to AIM Investment acquiring fund’s investment adviser, Oppenheimer Gold & Special Minerals Funds (Invesco Investment Funds), and and/or their affiliates. Fund [File No. 811–03694] on May 24, 2019, made a final Filing Date: The application was filed Summary: Applicant seeks an order distribution to its shareholders based on on May 4, 2020. declaring that it has ceased to be an net asset value. Expenses of Applicant’s Address: investment company. The applicant has $1,300,306.94 incurred in connection [email protected]. transferred its assets to AIM Sector with the reorganization were paid by the Funds (Invesco Sector Funds), and on applicant’s investment adviser and the Oppenheimer Global High Yield Fund May 24, 2019, made a final distribution acquiring fund’s investment adviser, [File No. 811–22609] to its shareholders based on net asset and/or their affiliates. Summary: Applicant seeks an order value. Expenses of $1,300,306.94 Filing Date: The application was filed declaring that it has ceased to be an on May 4, 2020. incurred in connection with the investment company. The applicant has reorganization were paid by the Applicant’s Address: transferred its assets to AIM Investment [email protected]. applicant’s investment adviser and the Securities Funds (Invesco Investment acquiring fund’s investment adviser, Oppenheimer Emerging Markets Local Securities Funds), and on May 24, 2019, and/or their affiliates. Debt Fund [File No. 811–22400] made a final distribution to its Filing Date: The application was filed shareholders based on net asset value. Summary: Applicant seeks an order on May 4, 2020. Expenses of $1,300,306.94 incurred in declaring that it has ceased to be an Applicant’s Address: investment company. The applicant has connection with the reorganization were [email protected]. transferred its assets to AIM Investment paid by the applicant’s investment Oppenheimer International Bond Fund Funds (Invesco Investment Funds), and adviser and the acquiring fund’s [File No. 811–07255] on May 24, 2019, made a final investment adviser, and/or their distribution to its shareholders based on affiliates. Summary: Applicant seeks an order Filing Date: The application was filed net asset value. Expenses of declaring that it has ceased to be an $1,300,306.94 incurred in connection on May 4, 2020. investment company. The applicant has Applicant’s Address: with the reorganization were paid by the transferred its assets to AIM Investment [email protected]. applicant’s investment adviser and the Funds (Invesco Investment Funds), and acquiring fund’s investment adviser, Oppenheimer Global Multi-Asset on May 24, 2019, made a final and/or their affiliates. Growth Fund [File No. 811–23052] distribution to its shareholders based on Filing Date: The application was filed Summary: Applicant seeks an order net asset value. Expenses of on May 4, 2020. declaring that it has ceased to be an $1,300,306.94 incurred in connection Applicant’s Address: with the reorganization were paid by the [email protected]. investment company. The applicant has transferred its assets to AIM applicant’s investment adviser and the Oppenheimer Global Focus Fund [File International Mutual Funds (Invesco acquiring fund’s investment adviser, No. 811–22092] International Mutual Funds), and on and/or their affiliates. Filing Date: The application was filed Summary: Applicant seeks an order May 24, 2019, made a final distribution on May 4, 2020. declaring that it has ceased to be an to its shareholders based on net asset Applicant’s Address: investment company. The applicant has value. Expenses of $1,300,306.94 transferred its assets to AIM incurred in connection with the [email protected]. International Mutual Funds (Invesco reorganization were paid by the Oppenheimer International Equity International Mutual Funds), and on applicant’s investment adviser and the Fund [File No. 811–06105] May 24, 2019, made a final distribution acquiring fund’s investment adviser, Summary: Applicant seeks an order to its shareholders based on net asset and/or their affiliates. value. Expenses of $1,300,306.94 Filing Date: The application was filed declaring that it has ceased to be an incurred in connection with the on May 4, 2020. investment company. The applicant has reorganization were paid by the Applicant’s Address: transferred its assets to AIM applicant’s investment adviser and the [email protected]. International Mutual Funds (Invesco acquiring fund’s investment adviser, International Mutual Funds), and on Oppenheimer Global Multi-Asset May 24, 2019, made a final distribution and/or their affiliates. Income Fund [File No. 811–22993] Filing Date: The application was filed to its shareholders based on net asset on May 4, 2020. Summary: Applicant seeks an order value. Expenses of $1,300,306.94 Applicant’s Address: declaring that it has ceased to be an incurred in connection with the [email protected]. investment company. The applicant has reorganization were paid by the transferred its assets to AIM Investment applicant’s investment adviser and the Oppenheimer Global Fund [File No. Funds (Invesco Investment Funds), and acquiring fund’s investment adviser, 811–01810] on May 24, 2019, made a final and/or their affiliates. Summary: Applicant seeks an order distribution to its shareholders based on Filing Date: The application was filed declaring that it has ceased to be an net asset value. Expenses of on May 4, 2020.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39942 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Applicant’s Address: investment company. The applicant has adviser and the acquiring fund’s [email protected]. transferred its assets to AIM Counselor investment adviser, and/or their Series Trust (Invesco Counselor Series affiliates. Oppenheimer International Growth Trust), and on May 24, 2019, made a Fund [File No. 811–07489] Filing Date: The application was filed final distribution to its shareholders on May 4, 2020. Summary: Applicant seeks an order based on net asset value. Expenses of declaring that it has ceased to be an $1,300,306.94 incurred in connection Applicant’s Address: investment company. The applicant has with the reorganization were paid by the [email protected]. transferred its assets to AIM applicant’s investment adviser and the Salt Funds Trust [File No. 811–23406] International Mutual Funds (Invesco acquiring fund’s investment adviser, International Mutual Funds), and on and/or their affiliates. Summary: Applicant seeks an order May 24, 2019, made a final distribution Filing Date: The application was filed declaring that it has ceased to be an to its shareholders based on net asset on May 4, 2020. investment company. The applicant has value. Expenses of $1,300,306.94 Applicant’s Address: transferred its assets to Salt Low truBeta incurred in connection with the [email protected]. US Market ETF, a series of ETF Series reorganization were paid by the Solutions, and on December 16, 2019, Oppenheimer Senior Floating Rate Plus applicant’s investment adviser and the made a final distribution to its Fund [File No. 811–22844] acquiring fund’s investment adviser, shareholders based on net asset value. and/or their affiliates. Summary: Applicant seeks an order Expenses of $31,607.56 incurred in Filing Date: The application was filed declaring that it has ceased to be an connection with the reorganization were on May 4, 2020. investment company. The applicant has paid by the applicant’s investment Applicant’s Address: transferred its assets to AIM Counselor adviser. [email protected]. Series Trust (Invesco Counselor Series Filing Date: The application was filed Trust), and on May 24, 2019, made a on May 12, 2020. Oppenheimer Macquarie Global final distribution to its shareholders Infrastructure Fund [File No. 811– based on net asset value. Expenses of Applicant’s Address: 23135] $1,300,306.94 incurred in connection [email protected]. Summary: Applicant seeks an order with the reorganization were paid by the Small Cap Value Fund, Inc. [File No. declaring that it has ceased to be an applicant’s investment adviser and the 811–21782] investment company. The applicant has acquiring fund’s investment adviser, transferred its assets to AIM Investment and/or their affiliates. Summary: Applicant seeks an order Funds (Invesco Investment Funds), and Filing Date: The application was filed declaring that it has ceased to be an on May 24, 2019, made a final on May 4, 2020. investment company. On December 9, distribution to its shareholders based on Applicant’s Address: 2019, applicant made a liquidating net asset value. Expenses of [email protected]. distribution to its shareholders based on $1,300,306.94 incurred in connection net asset value. No expenses were Oppenheimer Small Cap Value Fund with the reorganization were paid by the incurred in connection with the [File No. 811–23090] applicant’s investment adviser and the liquidation. acquiring fund’s investment adviser, Summary: Applicant seeks an order Filing Dates: The application was and/or their affiliates. declaring that it has ceased to be an filed on December 10, 2019, and Filing Date: The application was filed investment company. The applicant has amended on June 18, 2020. transferred its assets to AIM Sector on May 4, 2020. Applicant’s Address: adamsaa@ Funds (Invesco Sector Funds), and on Applicant’s Address: sbcglobal.net. [email protected]. May 24, 2019, made a final distribution to its shareholders based on net asset UBS Life Insurance Company USA Oppenheimer Master Loan Fund, LLC value. Expenses of $1,300,306.94 Separate Account [File No. 811–07536] [File No. 811–22137] incurred in connection with the Summary: Applicant seeks an order reorganization were paid by the Summary: Applicant, a unit declaring that it has ceased to be an applicant’s investment adviser and the investment trust, seeks an order investment company. The applicant has acquiring fund’s investment adviser, declaring that it has ceased to be an transferred its assets to AIM Counselor and/or their affiliates. investment company. The applicant is Series Trust (Invesco Counselor Series Filing Date: The application was filed not making and does not presently Trust), and on May 24, 2019, made a on May 4, 2020. propose to make a public offering of its final distribution to its shareholders Applicant’s Address: securities, and will continue to operate based on net asset value. Expenses of [email protected]. in reliance on section 3(c)(1) of the 1940 Act. $1,300,306.94 incurred in connection Oppenheimer Variable Account Funds with the reorganization were paid by the [File No. 811–04108] Filing Dates: The application was applicant’s investment adviser and the filed on May 2, 2019, and amended on acquiring fund’s investment adviser, Summary: Applicant seeks an order May 18, 2020. declaring that it has ceased to be an and/or their affiliates. Applicant’s Address: fredbellamy@ investment company. The applicant has Filing Date: The application was filed eversheds-sutherland.us. on May 4, 2020. transferred its assets to AIM Variable Applicant’s Address: Insurance Funds (Invesco Variable For the Commission, by the Division of [email protected]. Insurance Funds), and on May 24, 2019, Investment Management, pursuant to made a final distribution to its delegated authority. Oppenheimer Senior Floating Rate shareholders based on net asset value. J. Matthew DeLesDernier, Fund [File No. 811–09373] Expenses of $1,300,306.94 incurred in Assistant Secretary. Summary: Applicant seeks an order connection with the reorganization were [FR Doc. 2020–14223 Filed 7–1–20; 8:45 am] declaring that it has ceased to be an paid by the applicant’s investment BILLING CODE 8011–01–P

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39943

SECURITIES AND EXCHANGE any comments it received on the $5,000 on any member or a person COMMISSION proposed rule change. The text of these associated with or employed by a statements may be examined at the member for a minor violation of an [Release No. 34–89166; File No. SR– PEARL–2020–07] places specified in Item IV below. The eligible rule. The Exchange proposes to Exchange has prepared summaries, set amend Rule 1014 to add the CAT Self-Regulatory Organizations; MIAX forth in sections A, B, and C below, of Compliance Rules under Chapter XVII PEARL, LLC.; Notice of Filing and the most significant aspects of such to the list of rules eligible for Order Granting Accelerated Approval statements. disposition pursuant to a minor fine 7 of a Proposed Rule Change, As A. Self-Regulatory Organization’s under Rule 1014. Modified by Amendment No. 1, To Add Statement of the Purpose of, and The Exchange is coordinating with the Consolidated Audit Trail Industry Statutory Basis for, the Proposed Rule FINRA and other Plan Participants to Member Compliance Rules to Change promote harmonized and consistent Exchange Rule 1014, Imposition of enforcement of all the Plan Participants’ Fines for Minor Rule Violations 1. Purpose CAT Compliance Rules. The The Exchange proposes to add its Commission recently approved a Rule June 26, 2020. CAT industry member compliance rules 17d–2 Plan under which the regulation On June 18, 2020, MIAX PEARL, LLC (the ‘‘CAT Compliance Rules’’) to the of CAT Compliance Rules will be (‘‘MIAX PEARL’’ or the ‘‘Exchange’’) list of minor rule violations in Rule allocated among Plan Participants to filed with the Securities and Exchange 1014. This proposal is based upon the reduce regulatory duplication for Commission (the ‘‘Commission’’), Financial Industry Regulatory industry members that are members of pursuant to Section 19(b)(1) of the Authority, Inc. (‘‘FINRA’’) filing to more than one Participant (‘‘common Securities Exchange Act of 1934 amend FINRA Rule 9217 in order to add members’’).8 Under the Rule 17d–2 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a FINRA’s corresponding CAT Plan, the regulation of CAT Compliance proposed rule change to add the Compliance Rules to FINRA’s list of Rules with respect to common members Consolidated Audit Trail Industry rules that are eligible for minor rule that are members of FINRA is allocated Member Compliance Rules to Exchange violation plan treatment.3 This proposal to FINRA. Similarly, under the Rule Rule 1014. On June 23, 2020, the is also based upon the New York Stock 17d–2 Plan, responsibility for common Exchange filed Amendment No. 1 to the Exchange, Inc. (‘‘NYSE’’) filing to members of multiple other Plan proposed rule change, which partially amend NYSE Rule 9217 in order to add Participants and not a member of FINRA amended the proposed rule change. The NYSE’s corresponding CAT Compliance will be allocated among those other Plan proposed rule change, as modified by Rules to NYSE’s list of rules that are Participants, including to the Exchange. Amendment No. 1, is described in Items eligible for minor rule violation plan For those non-common members who I and II below, which Items have been treatment.4 are allocated to the Exchange pursuant prepared by the self-regulatory Proposed Rule Change to the Rule 17d–2 Plan, the Exchange organization. The Commission is and FINRA entered into a Regulatory publishing this notice to solicit The Exchange recently adopted the Services Agreement (‘‘RSA’’) pursuant comments on the proposed rule change, CAT Compliance Rules under Chapter to which FINRA will conduct as modified by Amendment No. 1, from XVII in order to implement the National surveillance, investigation, examination, interested persons, and is approving the Market System Plan Governing the and enforcement activity in connection proposed rule change, as modified by Consolidated Audit Trail (the ‘‘CAT with the CAT Compliance Rules on the 5 Amendment No. 1, on an accelerated NMS Plan’’ or ‘‘Plan’’). The CAT NMS Exchange’s behalf. We expect that the basis. Plan was filed by the Plan Participants other exchanges would be entering into to comply with Rule 613 of Regulation a similar RSA. I. The Exchange’s Description of the NMS under the Exchange Act,6 and In order to achieve consistency with Proposed Rule Change, as Modified by each Plan Participant accordingly has FINRA and the other Plan Participants, Amendment No. 1 adopted the same compliance rules in the Exchange proposes to adopt fines up The Exchange is filing a proposal to the Exchange’s Chapter XVII. The to $2,500 in connection with minor rule add the Consolidated Audit Trail common compliance rules adopted by fines for violations of the CAT (‘‘CAT’’) industry member compliance each Plan Participant are designed to Compliance Rules under Chapter XVII rules to the list of minor rule violations require industry members to comply in Rule 1014. with the provisions of the CAT NMS The text of the proposed rule change Plan, which broadly calls for industry 7 FINRA’s maximum fine for minor rule violations under FINRA Rule 9216(b) is $2,500. The is available on the Exchange’s website at members to record and report timely Exchange will apply an identical maximum fine http://www.miaxoptions.com/rule- and accurately customer, order, and amount for eligible violations of Chapter XVII to filings/pearl at MIAX PEARL’s principal trade information relating to activity in achieve consistency with FINRA and also to amend office, and at the Commission’s Public NMS Securities and OTC Equity its minor rule violation plan (‘‘MRVP’’) to include such fines. Like FINRA, the Exchange would be Reference Room. Securities. able to pursue a fine greater than $2,500 for Rule 1014 sets forth the list of rules II. Self-Regulatory Organization’s violations of Chapter XVII in a regular disciplinary under which a member may be subject proceeding or Letter of Consent under Rule 1003 as Statement of the Purpose of, and to a fine. Rule 1014 permits the appropriate. Any fine imposed in excess of $2,500 Statutory Basis for, the Proposed Rule Exchange to impose a fine of up to or not otherwise covered by Rule 19d–1(c)(2) of the Change Act would be subject to prompt notice to the Commission pursuant to Rule 19d–1 under the Act. In its filing with the Commission, the 3 See Securities Exchange Act Release Nos. 88870 As noted below, in assessing the appropriateness of Exchange included statements (May 14, 2020), 85 FR 30768 (May 20, 2020) (SR– a minor rule fine with respect to CAT Compliance concerning the purpose of and basis for FINRA–2020–013). Rules, the Exchange will be guided by the same 4 See SR–NYSE–2020–51. factors that FINRA utilizes. See text accompanying the proposed rule change and discussed 5 See Securities Exchange Act Release No. 80256 notes 9–10, infra. (March 15, 2017), 82 FR 14526 (March 21, 2017) 8 See Securities Exchange Act Release No. 88366 1 15 U.S.C. 78s(b)(1). (SR–PEARL–2017–04). (March 12, 2020), 85 FR 15238 (March 17, 2020) 2 17 CFR 240.19b–4. 6 17 CFR 242.613. (File No. 4–618).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39944 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

under Rule 1014 and the Exchange’s 2. Statutory Basis cap as FINRA for minor rule fines in MRVP. The proposed rule change is connection with the CAT Compliance FINRA, in connection with its consistent with Section 6(b) of the Rules would also promote regulatory proposed amendment to FINRA Rule Act,11 in general, and furthers the consistency across self-regulatory 9217 to make FINRA’s CAT Compliance objectives of Section 6(b)(5),12 in organizations. The Exchange further believes that the Rules MRVP eligible, has represented particular, because it is designed to proposed amendments to Rule 1014 are that it will apply the minor fines for prevent fraudulent and manipulative consistent with Section 6(b)(6) of the CAT Compliance Rules in the same acts and practices, to promote just and Act,13 which provides that members and manner that FINRA has for its similar equitable principles of trade, to foster 9 persons associated with members shall existing audit trail-related rules. cooperation and coordination with be appropriately disciplined for Accordingly, in order to promote persons engaged in facilitating violation of the provisions of the rules regulatory consistency, the Exchange transactions in securities, to remove of the exchange, by expulsion, plans to do the same. Specifically, impediments to, and perfect the suspension, limitation of activities, application of a minor rule fine with mechanism of, a free and open market functions, and operations, fine, censure, respect to CAT Compliance Rules will and a national market system and, in being suspended or barred from being be guided by the same factors that general, to protect investors and the associated with a member, or any other FINRA referenced in its filing. However, public interest. fitting sanction. As noted, the proposed more formal disciplinary proceedings Minor rule fines provide a meaningful rule change would provide the may be warranted instead of minor rule sanction for minor or technical Exchange ability to sanction minor or dispositions in certain circumstances violations of rules when the conduct at technical violations of Chapter XVII such as where violations prevent issue does not warrant stronger, pursuant to the Exchange’s rules. regulatory users of the CAT from immediately reportable disciplinary Finally, the Exchange also believes performing their regulatory functions. sanctions. The inclusion of a rule in the that the proposed changes are designed Where minor rule dispositions are Exchange’s MRVP does not minimize to provide a fair procedure for the appropriate, the following factors help the importance of compliance with the disciplining of members and persons guide the determination of fine rule, nor does it preclude the Exchange associated with members, consistent amounts: from choosing to pursue violations of with Sections 6(b)(7) and 6(d) of the • Total number of reports that are not eligible rules through a Letter of Act.14 Rule 1014 does not preclude a submitted or submitted late; Consent if the nature of the violations or member or a person associated with or • prior disciplinary history warrants more The timeframe over which the employed by a member from contesting significant sanctions. Rather, the violations occur; an alleged violation and receiving a Exchange believes that the proposed • Whether violations are batched; hearing on the matter with the same rule change will strengthen the • Whether the violations are the procedural rights through a litigated Exchange’s ability to carry out its result of the actions of one individual or disciplinary proceeding. the result of faulty systems or oversight and enforcement B. Self-Regulatory Organization’s procedures; responsibilities in cases where full disciplinary proceedings are Statement on Burden on Competition • Whether the firm has taken unwarranted in view of the minor The Exchange does not believe that remedial measures to correct the nature of the particular violation. violations; the proposed rule change will impose Rather, the option to impose a minor any burden on competition that is not • Prior minor rule violations within rule sanction gives the Exchange necessary or appropriate in furtherance the past 24 months; additional flexibility to administer its • of the purposes of the Act. The Collateral effects that the failure has enforcement program in the most proposed rule change is not intended to on customers; and effective and efficient manner while still address competitive issues but rather is • Collateral effects that the failure has fully meeting the Exchange’s remedial concerned solely with making the CAT on the Exchange’s ability to perform its objectives in addressing violative Compliance Rules under Chapter XVII regulatory function.10 conduct. Specifically, the proposed rule eligible for a minor rule fine disposition, Upon effectiveness of this rule change is designed to prevent thereby strengthening the Exchange’s change, the Exchange will publish a fraudulent and manipulative acts and ability to carry out its oversight and regulatory bulletin notifying its member practices because it will provide the enforcement functions and deter organizations of the rule change and the Exchange the ability to issue a minor potential violative conduct. specific factors that will be considered rule fine for violations of the CAT C. Self-Regulatory Organization’s in connection with assessing minor rule Compliance Rules under Chapter XVII Statement on Comments on the fines described above. where a more formal disciplinary action may not be warranted or appropriate Proposed Rule Change Received From For the foregoing reasons, the Members, Participants, or Others Exchange believes that the proposed consistent with the approach of other rule change will result in a coordinated, Plan Participants for the same conduct. Written comments were neither harmonized approach to CAT In connection with the fine level solicited nor received. specified in the proposed rule change, compliance rule enforcement across III. Solicitation of Comments on the Plan Participants that will be consistent adding language that minor rule fines for violations of the CAT Compliance Proposed Rule Change, as Modified by with the approach FINRA has taken Amendment No. 1 with the CAT rules. Rules under Chapter XVII shall not exceed $2,500 would further the goal of Interested persons are invited to transparency and add clarity to the submit written data, views, and 9 See SR–FINRA–2020–013; see also FINRA Notice to Members 04–19 (March 2004) (providing Exchange’s rules. Adopting the same arguments concerning the foregoing, specific factors used to inform dispositions for violations of OATS reporting rules). 11 15 U.S.C. 78f(b). 13 15 U.S.C. 78f(b)(6). 10 See id. 12 15 U.S.C. 78f(b)(5). 14 15 U.S.C. 78f(b)(7) and 78f(d).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39945

including whether the proposed rule Amendment No. 1, is consistent with of addressing violations that do not rise change is consistent with the Act. the requirements of the Act and the to the level of requiring formal Comments may be submitted by any of rules and regulations thereunder disciplinary proceedings, while the following methods: applicable to a national securities providing greater flexibility in handling exchange.16 In particular, the Electronic Comments certain violations. However, the Commission finds that the proposed • Commission expects that, as with Use the Commission’s internet rule change, as modified by Amendment comment form (http://www.sec.gov/ FINRA, the Exchange will continue to No. 1, is consistent with Section 6(b)(5) conduct surveillance with due diligence rules/sro.shtml); or of the Act,17 which requires that the • Send an email to rule-comments@ and make determinations based on its rules of an exchange be designed to findings, on a case-by-case basis, sec.gov. Please include File Number SR– promote just and equitable principles of regarding whether a sanction under the PEARL–2020–07 on the subject line. trade, to remove impediments and to rule is appropriate, or whether a Paper Comments perfect the mechanism of a free and violation requires formal disciplinary • Send paper comments in triplicate open market and a national market system, and, in general, to protect action. Accordingly, the Commission to Secretary, Securities and Exchange believes the proposal, as modified by Commission, 100 F Street NE, investors and the public interest. The Commission also believes that the Amendment No. 1, raises no novel or Washington, DC 20549–1090. significant issues. All submissions should refer to File proposal, as modified by Amendment No. 1, is consistent with Sections 6(b)(1) For the same reasons discussed above, Number SR–PEARL–2020–07. This file 18 number should be included on the and 6(b)(6) of the Act which require the Commission finds good cause, subject line if email is used. To help the that the rules of an exchange enforce pursuant to Section 19(b)(2) of the Commission process and review your compliance with, and provide Act,22 for approving the proposed rule comments more efficiently, please use appropriate discipline for, violations of change, as modified by Amendment No. only one method. The Commission will Commission and Exchange rules. 1, prior to the thirtieth day after the date post all comments on the Commission’s Finally, the Commission finds that the of publication of the notice of the filing internet website (http://www.sec.gov/ proposal, as modified by Amendment thereof in the Federal Register. The rules/sro.shtml). Copies of the No.1, is consistent with the public proposal merely adds the CAT submission, all subsequent interest, the protection of investors, or Compliance Rules to the Exchange’s otherwise in furtherance of the purposes amendments, all written statements MRVP and harmonizes its application of the Act, as required by Rule 19d- with respect to the proposed rule with FINRA’s application of CAT 1(c)(2) under the Act,19 which governs change that are filed with the Compliance Rules under its own MRVP. Commission, and all written minor rule violation plans. As stated above, the Exchange Accordingly, the Commission believes communications relating to the that a full notice-and-comment period is proposed rule change between the proposes to add the CAT Compliance Rules to the list of minor rule violations not necessary before approving the Commission and any person, other than proposal, as modified by Amendment those that may be withheld from the in Rule 1014 to be consistent with the No. 1. public in accordance with the approach FINRA has taken for minor provisions of 5 U.S.C. 552, will be violations of its corresponding CAT 20 V. Conclusion available for website viewing and Compliance Rules. The Commission printing in the Commission’s Public has already approved FINRA’s treatment It is therefore ordered, pursuant to Reference Room, 100 F Street, NE, of CAT Compliance Rules violations Section 19(b)(2) of the Act 23 and Rule Washington, DC 20549 on official when it approved the addition of CAT 19d-1(c)(2) thereunder,24 that the 21 business days between the hours of Compliance Rules to FINRA’s MRVP. proposed rule change (SR–PEARL– 10:00 a.m. and 3:00 p.m. Copies of the As noted in that order, and similarly 2020–07), as modified by Amendment filing also will be available for herein, the Commission believes that No. 1, be, and hereby is, approved on an inspection and copying at the principal Exchange’s treatment of CAT accelerated basis. office of the Exchange. All comments Compliance Rules violations as part of For the Commission, by the Division of received will be posted without change. its MRVP provides a reasonable means Trading and Markets, pursuant to delegated Persons submitting comments are authority.25 cautioned that we do not redact or edit 16 In approving this proposed rule change, the Commission has considered the proposed rule’s J. Matthew DeLesDernier, personal identifying information from impact on efficiency, competition, and capital comment submissions. You should formation. See 15 U.S.C. 78c(f). Assistant Secretary. submit only information that you wish 17 15 U.S.C. 78f(b)(5). [FR Doc. 2020–14233 Filed 7–1–20; 8:45 am] 18 to make available publicly. All 15 U.S.C. 78f(b)(1) and 78f(b)(6). BILLING CODE 8011–01–P submissions should refer to File 19 17 CFR 240.19d–1(c)(2). 20 As discussed above, the Exchange has entered Number SR–PEARL–2020–07 and into a Rule 17d–2 Plan and an RSA with FINRA should be submitted on or before July with respect to the CAT Compliance Rules. The 23, 2020. Commission notes that, unless relieved by the Commission of its responsibility, as may be the case IV. Commission’s Findings and Order under the Rule 17d–2 Plan, the Exchange continues Granting Accelerated Approval of to bear the responsibility for self-regulatory conduct and liability for self-regulatory failures, not the self- Proposed Rule Change, as Modified by regulatory organization retained to perform 15 Amendment No. 1 regulatory functions on the Exchange’s behalf The Commission finds that the pursuant to an RSA. See Securities Exchange 22 15 U.S.C. 78s(b)(2). Release No. 61419 (January 26, 2010), 75 FR 5157 23 15 U.S.C. 78s(b)(2). proposed rule change, as modified by (February 1, 2010) (SR–BATS–2009–031), note 93 24 and accompanying text. 17 CFR 240.19d–1(c)(2). 25 17 CFR 200.30–3(a)(12). 21 See supra note 3. 25 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39946 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

SECURITIES AND EXCHANGE places specified in Item IV below. The OLPP.8 On April 1, 2020 the COMMISSION Exchange has prepared summaries, set Commission approved the amendment forth in sections A, B, and C below, of to the OLPP to make permanent the [Release No. 34–89163; File No. SR–MRX– Pilot Program (the ‘‘OLPP Program’’).9 2020–13] the most significant aspects of such statements. The OLPP Program replaces the Self-Regulatory Organizations; Nasdaq Penny Pilot by instituting a permanent A. Self-Regulatory Organization’s MRX, LLC; Notice of Filing and program that would permit quoting in Statement of the Purpose of, and Immediate Effectiveness of Proposed penny increments for certain option Statutory Basis for, the Proposed Rule Rule Change To Amend Options 3, classes. Under the terms of the OLPP Change Section 3 To Conform the Rule to Program, designated option classes would continue to be quoted in $0.01 Section 3.1 of the Plan for the Purpose 1. Purpose of Developing and Implementing and $0.05 increments according to the Procedures Designed To Facilitate the The purpose of this rule change is to same parameters for the Penny Pilot. In Listing and Trading of Standardized amend Options 3, Section 3 (Minimum addition, the OLPP Program would: (i) Options Trading Increments) to align the rule Establish an annual review process to with the recently approved amendment add option classes to, or to remove June 26, 2020. to the OLPP. option classes from, the OLPP Program; Pursuant to Section 19(b)(1) of the (ii) to allow an option class to be added Securities Exchange Act of 1934 (the Background to the OLPP Program if it is a newly ‘‘Act’’),1 and Rule 19b–4 thereunder,2 listed option class and it meets certain On January 23, 2007, the Commission notice is hereby given that on June 23, criteria; (iii) to allow an option class to approved on a limited basis a Penny 2020, Nasdaq MRX, LLC (the be added to the OLPP Program if it is Pilot in option classes in certain issues ‘‘Exchange’’) filed with the Securities an option class that has seen a and Exchange Commission (the (‘‘Penny Pilot’’). The Penny Pilot was significant growth in activity; (iv) to ‘‘Commission’’) the proposed rule designed to determine whether provide that if a corporate action change as described in Items I and II investors would benefit from options involves one or more option classes in below, which Items have been prepared being quoted in penny increments, and the OLPP Program, all adjusted and by the Exchange. The Exchange filed the in which classes the benefits were most unadjusted series and classes emerging proposal as a ‘‘non-controversial’’ significant. The Penny Pilot was as a result of the corporate action will proposed rule change pursuant to initiated at the then existing option be included in the OLPP Program; and Section 19(b)(3)(A)(iii) of the Act 3 and exchanges in January 2007 5 and was (v) to provide that any series in an Rule 19b–4(f)(6) thereunder.4 The expanded and extended numerous times option class participating in the OLPP Commission is publishing this notice to over the last 13 years.6 In each instance, Program that have been delisted, or are solicit comments on the proposed rule these approvals relied upon the identified by OCC as ineligible for change from interested persons. consideration of data periodically opening Customer transactions, will provided by the Exchanges that continue to trade pursuant to the OLPP I. Self-Regulatory Organization’s analyzed how quoting options in penny Program until they expire. Statement of the Terms of Substance of increments affects spreads, liquidity, To conform its Rules to the OLPP the Proposed Rule Change quote traffic, and volume. Today, the Program, the Exchange proposes to The Exchange proposes to amend Penny Pilot includes 363 option classes, delete the current rule text in Options 3, Section 3 to conform the rule which are among the most actively Supplementary Material.01 to Options to Section 3.1 of the Plan for the traded, multiply listed option classes. 3, Section 3 (the ‘‘Penny Pilot Rule’’), Purpose of Developing and The Penny Pilot is scheduled to expire and replace it with the requirements for Implementing Procedures Designed to by its own terms on June 30, 2020.7 the proposed Penny Interval Program Facilitate the Listing and Trading of In light of the imminent expiration of from the OLPP Program, which is Standardized Options (the ‘‘OLPP’’). the Penny Pilot on June 30, 2020, the described below, and to replace The text of the proposed rule change Exchange, together with other references to the ‘‘Penny Pilot’’ in is available on the Exchange’s website at participating exchanges, filed, on July several Exchange rules with ‘‘Penny http://nasdaqmrx.cchwallstreet.com/, at 18, 2019 a proposal to amend the Interval Program.’’ the principal office of the Exchange, and The Exchange also proposes to amend at the Commission’s Public Reference Options 3, Section 3 to adopt new 5 See Securities Exchange Act Release Nos. 55154 Room. (January 23, 2007), 72 FR 4743 (February 1, 2007) subparagraphs (a)(3)(A)–(C) to conform the Exchange’s rules regarding the II. Self-Regulatory Organization’s (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 FR 4754 (February 1, 2007) (SR–ISE–2006–62); minimum price variations for options in Statement of the Purpose of, and 54886 (December 6, 2006), 71 FR 74979 (December the proposed Penny Interval Program Statutory Basis for, the Proposed Rule 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, with similar rules of other options Change 2006), 71 FR 61525 (October 18, 2006) (SR– NYSEArca–2006–73); and 54741 (November 9, exchanges.10 Specifically, the Exchange In its filing with the Commission, the 2006), 71 FR 67176 (November 20, 2006) (SR– proposes to provide in new Exchange included statements Amex–2006–106). subparagraphs (a)(3)(A)–(C) that for concerning the purpose of and basis for 6 The Penny Pilot was established on the options series traded pursuant to the Exchange in January 2016 as part of the Exchange’s the proposed rule change and discussed Form 1 application for registration as a national any comments it received on the securities exchange, and was last extended in 8 See Securities Exchange Act Release No. 87681 proposed rule change. The text of these December 2019. See Securities Exchange Act (December 9, 2019), 84 FR 68960 (December 17, statements may be examined at the Release Nos. 76998 (January 29, 2016), 81 FR 6066 2019) (‘‘Notice’’). (February 4, 2016) (File No. 10–221); and 87766 9 See Securities Exchange Act Release No. 88532 (December 16, 2019), 84 FR 70214 (December 20, (April 1, 2020), 85 FR 19545 (April 7, 2020) (File 1 15 U.S.C. 78s(b)(1). 2019) (SR–MRX–2019–26). No. 4–443) (‘‘Approval Order’’). 2 17 CFR 240.19b–4. 7 See Securities Exchange Act Release No. 87766 10 See e.g., NYSE Arca Rule 6.72–O; and Nasdaq 3 15 U.S.C. 78s(b)(3)(A)(iii). (December 16, 2019), 84 FR 70214 (December 20, Options Market Supplementary Material .01 to 4 17 CFR 240.19b–4(f)(6). 2019) (SR–MRX–2019–26). Options 3, Section 3.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39947

proposed Penny Interval Program as Penny Interval Program thereafter, the Exchange will review and described in Supplementary Material The Exchange proposes to codify the rank all multiply listed option classes .01 to Options 3, Section 3, the OLPP Program in Supplementary based on National Cleared Volume at following minimum quoting increments Material .01 to Options 3, Section OCC for the six full calendar months will apply: (A) One cent ($0.01) for all (Requirements for Penny Interval from June 1st through November 30th options contracts in QQQ, SPY, and Program) (the ‘‘Penny Program’’), which for determination of the most actively IWM; (B) one cent ($0.01) for all other will replace the Penny Pilot Rule and traded option classes. Any option options contracts included in the Penny permanently permit the Exchange to classes not yet in the Penny Program Interval Program that are trading at less quote certain option classes in may be added to the Penny Program if than $3.00; and (C) five cents ($0.05) for minimum increments of one cents the class is among the 300 most actively all other options contracts included in ($0.01) and five cents ($0.05) (‘‘penny traded multiply listed option classes the Penny Interval Program that are increments’’), as set forth in proposed and priced below $200 per share or any trading at or above $3.00. The Exchange subparagraphs (a)(3)(A)–(C) of Options index at an index level below $200. notes that the Commission previously 3, Section 3. The penny increments that Following the annual review, option approved minimum quoting increments currently apply under the Penny Pilot 14 classes to be added to the Penny of one cent ($0.01) for all options will continue to apply for options Program would begin quoting in penny contracts in QQQ, IWM, and SPY, classes included in the Penny increments (i.e., $0.01 if trading at less regardless of price, over the course of Program.15 than $3; and $0.05 if trading at $3 and the expansion of the Penny Pilot rules.11 The Penny Program would initially above) on the first trading day of Accordingly, the Exchange proposes to apply to the 363 most actively traded January. In addition, following the align its rules regarding minimum price multiply listed option classes, based on annual review, any option class in the Penny Program that falls outside of the variations for options contracts in the National Cleared Volume at The 425 most actively traded option classes Penny Interval Program with other Options Clearing Corporation (‘‘OCC’’) would be removed from the Penny options exchanges. in the six full calendar months ending in the month of approval (i.e., Program. After the annual review, The Exchange also proposes to delete November 2019–April 2020) that option classes that are removed from the obsolete and superfluous language in currently quote in penny increments, or Penny Program will be subject to the Options 3, Section 3(a) regarding overlie securities priced below $200, or minimum trading increments set forth amendments to the minimum any index at an index level below $200. in Options 3, Section 3, effective on the increments that may be established by Eligibility for inclusion in the Penny first trading day of April. the Board and designated as a stated Program will be determined at the close policy, practice or interpretation within Changes to the Composition of the of trading on the monthly Expiration Penny Program Outside of the Annual the meaning of the Act, and the process Friday of the second full month Review for such amendments by rule filing.12 following April 1, 2020 (i.e., June 19, Today, the Exchange may determine to 2020). Newly Listed Option Classes and establish a change to the minimum Once in the Penny Program, an option Option Classes With Significant Growth increments within its Rules and must class will remain included until it is no in Activity submit proposed rule changes for such longer among the 425 most actively The Penny Program would specify a amendments to the Commission.13 traded option classes at the time the process and parameters for including Accordingly, Options 3, Section 3(a), as annual review is conducted (described option classes in the Penny Program amended, will simply provide that the below), at which point it will be outside the annual review process in following minimum quoting increments removed from the Penny Program. As two circumstances. These provisions are (as enumerated within Options 3, described in more detail below, the designed to provide objective criteria to Section 3(a)) shall apply to options removed class will be replaced by the add to the Penny Program new option contracts traded on the Exchange. next most actively traded multiply classes in issues with the most listed option class overlying securities demonstrated trading interest from 11 See Securities Exchange Act Release Nos. priced below $200 per share, or any market participants and investors on an 55156 (January 23, 2007), 72 FR 4759 (February 1, index at an index level below $200, and expedited basis prior to the annual 2007) (SR–NYSEArca-2006–73) (Order Granting not yet in the Penny Program. Advanced review, with the benefit that market Approval to Proposed rule Change as Modified by notice regarding the option classes Amendment No. 1 Thereto, To Create an Options participants and investors will then be Penny Pilot Program); 61061 (November 24, 2009), included, added, or removed from the able to trade these new option classes 74 FR 62857 (December 1, 2009) (SRNYSEArca– Penny Program will be provided to the based upon quotes expressed in finer 2009–44) (Order Granting Partial Approval of a Exchange’s membership via Options trading increments. Proposed Rule Change, as Modified by Amendment Trader Alert and published by the No. 4 Thereto, Expanding the Penny Pilot Program). First, the Penny Program provides for 12 See Options 3, Section 3(a), which specifically Exchange on its website. certain newly listed option classes to be provides: ‘‘The Board may establish minimum Annual Review added to the Penny Program outside of trading increments for options traded on the the annual review process, provided Exchange. Such changes by the Board will be The Penny Program would include an designated as a stated policy, practice, or that (i) the class is among the 300 most annual review process that applies actively traded, multiply listed option interpretation with respect to the administration of objective criteria to determine option this Rule within the meaning of paragraph (3)(A) of classes, as ranked by National Cleared Section 19(b) of the Exchange Act and will be filed classes to be added to, or removed from, Volume at OCC, in its first full calendar with the SEC as a rule change for effectiveness upon the Penny Program. Specifically, on an month of trading; and (ii) the underlying filing.’’ annual basis beginning in December 13 security is priced below $200 or the Decisions to change the minimum increments 2020 and occurring every December relate to Exchange trading and operations, and thus underlying index is at an index level are made by Exchange management via delegated below $200. Such newly listed option authority from the Board, rather than the Board 14 See supra notes 10 and 11, with accompanying itself, which is generally not involved in text. classes added to the Penny Program determinations related to day-to-day operations of 15 See proposed subparagraphs (a)(3)(A)–(C) of pursuant to this process would remain the Exchange. Options 3, Section 3. in the Penny Program for one full

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39948 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

calendar year and then would be subject Program until all options series have replace references to the Penny Pilot to the annual review process. expired. with references to the Penny Interval Program would provide clarity and Second, the Penny Program would Technical Changes allow an option class to be added to the transparency to the Exchange’s rules, Penny Program outside of the annual The Exchange proposes to replace would promote just and equitable review process if it is an option class references to the Penny Pilot with principles of trade, and remove that meets certain specific criteria. references to the Penny Interval Program impediments to, and perfect the Specifically, new option classes may be in Options 3, Section 8(a)(7) and in mechanism of, a free and open market added to the Penny Program if: (i) The Options 3, Section 15(a)(2)(A)(iv). The and a national market system. The option class is among the 75 most Exchange believes these technical proposed rule changes would also actively traded multiply listed option changes would add clarity, provide internal consistency within classes, as ranked by National Cleared transparency, and internal consistency Exchange rules and operate to protect Volume at OCC, in the prior six full to the Exchange’s rules, making them investors and the investing public by calendar months of trading and (ii) the easier for market participants to making the Exchange’s rules easier to underlying security is priced below navigate. navigate and comprehend. $200 or the underlying index is at an Implementation B. Self-Regulatory Organization’s index level below $200. Any option The Exchange proposes to implement Statement on Burden on Competition class added under this provision will be the Penny Program on July 1, 2020, added on the first trading day of the The Exchange does not believe that which is the first trading day of the second full month after it qualifies and the proposed rule change will impose third month following the Approval will remain in the Penny Program for any burden on competition not Order issued on April 1, 2020—i.e., July the rest of the calendar year, after which necessary or appropriate in furtherance 1, 2020. it will be subject to the annual review of the purposes of the Act. The process. 2. Statutory Basis proposed Penny Program, which modifies the Exchange’s rules to align Corporate Actions The Exchange believes that its proposal is consistent with Section 6(b) them with the Commission approved The Penny Program would also of the Act,17 in general, and furthers the OLPP Program, is not designed to be a specify a process to address option objectives of Section 6(b)(5) of the Act,18 competitive filing nor does it impose an classes in the Penny Program that in particular, in that it is designed to undue burden on intermarket undergo a corporate action and is prevent fraudulent and manipulative competition as the Exchange anticipates designed to ensure continuous liquidity acts and practices, to promote just and that the options exchanges will adopt in the affected option classes. equitable principles of trade, to remove substantially identical rules. Moreover, Specifically, if a corporate action impediments to and perfect the the Exchange believes that by involves one or more option classes in mechanism of a free and open market conforming Exchange rules to the OLPP the Penny Program, all adjusted and and a national market system, and, in Program, the Exchange would promote unadjusted series of an option class general, to protect investors and the regulatory clarity and consistency, would continue to be included in the public interest. thereby reducing burdens on the Penny Program.16 Furthermore, neither In particular, the proposed rule marketplace and facilitating investor the trading volume threshold, nor the change, which conforms the Exchange protection. To the extent that there is a initial price test would apply to option rules to the recently adopted OLPP competitive burden on those option classes added to the Penny Program as Program, allows the Exchange to classes that do not qualify for the Penny a result of the corporate action. Finally, provide market participants with a Program, the Exchange believes that it is the newly added adjusted and permanent Penny Program for quoting appropriate because the proposal should unadjusted series of the option class options in penny increments, which benefit all market participants and would remain in the Penny Program for maximizes the benefit of quoting in a investors by maximizing the benefit of one full calendar year and then would finer quoting increment to investors a finer quoting increment in those become subject to the annual review while minimizing the burden that a option classes with the most trading process. finer quoting increment places on quote interest while minimizing the burden of greater quote traffic in option classes Delisted or Ineligible Option Classes traffic. Accordingly, the Exchange believes with less trading interest. The Exchange Finally, the Penny Program would that the proposal is consistent with the believes that adopting rules, which it provide a mechanism to address option Act because, in conforming the anticipates will likewise be adopted by classes that have been delisted or those Exchange rules to the OLPP Program, all option exchanges that are that are no longer eligible for listing. the Penny Program would employ participants in the OLPP, would allow Specifically, any series in an option processes, based upon objective criteria, for continued competition between class participating in the Penny Program that would rebalance the composition of Exchange market participants trading in which the underlying has been the Penny Program, thereby helping to similar products as their counterparts delisted, or is identified by OCC as ensure that the most actively traded on other exchanges, while at the same ineligible for opening customer option classes are included in the Penny time allowing the Exchange to continue transactions, would continue to quote Program, which helps facilitate the to compete for order flow with other pursuant to the terms of the Penny maintenance of a fair and orderly exchanges. market. C. Self-Regulatory Organization’s 16 For example, if Company A acquires Company The Exchange notes that the proposed Statement on Comments on the B and Company A is not in the Penny Program but changes to Options 3, Section 8(a)(7) Proposed Rule Change Received From Company B is in the Penny Program, once the and Options 3, Section 15(a)(2)(A)(iv) to merger is consummated and an options contract Members, Participants, or Others adjustment is effective, then Company A would be added to the Penny Program and remain in the 17 15 U.S.C. 78f(b). No written comments were either Penny Program for one calendar year. 18 15 U.S.C. 78f(b)(5). solicited or received.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39949

III. Date of Effectiveness of the Electronic Comments SECURITIES AND EXCHANGE Proposed Rule Change and Timing for • COMMISSION Commission Action Use the Commission’s internet comment form (http://www.sec.gov/ [Release No. 34–89169; File No. SR–BX– Because the foregoing proposed rule rules/sro.shtml); or 2020–013] change does not: (i) Significantly affect • Send an email to rule-comments@ Self-Regulatory Organizations; Nasdaq the protection of investors or the public sec.gov. Please include File Number SR– BX, Inc.; Notice of Filing and interest; (ii) impose any significant MRX–2020–13 on the subject line. Immediate Effectiveness of Proposed burden on competition; and (iii) become Rule Change To Amend Options 3, operative for 30 days after the date of Paper Comments Section 3 To Conform the Rule to the filing, or such shorter time as the • Section 3.1 of the Plan for the Purpose Commission may designate, it has Send paper comments in triplicate to Secretary, Securities and Exchange of Developing and Implementing become effective pursuant to Section Procedures Designed To Facilitate the 19(b)(3)(A) of the Act 19 and Rule 19b– Commission, 100 F Street NE, Washington, DC 20549–1090. Listing and Trading of Standardized 4(f)(6) 20 thereunder. The Exchange has Options proposed to implement the Penny All submissions should refer to File Program on July 1, 2020 and has asked Number SR–MRX–2020–13. This file June 26, 2020. the Commission to waive the 30-day number should be included on the Pursuant to Section 19(b)(1) of the operative delay for this filing. subject line if email is used. To help the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Commission believes that Commission process and review your notice is hereby given that on June 23, waiving the 30-day operative delay is comments more efficiently, please use 2020, Nasdaq BX, Inc. (the ‘‘Exchange’’) consistent with the protection of only one method. The Commission will filed with the Securities and Exchange investors and the public interest post all comments on the Commission’s Commission (the ‘‘Commission’’) the because it will allow the Exchange to internet website (http://www.sec.gov/ proposed rule change as described in modify its rules to conform to the OLPP rules/sro.shtml). Items I and II below, which Items have Program and implement the Penny Copies of the submission, all been prepared by the Exchange. The Program on July 1, 2020, consistent with subsequent amendments, all written Exchange filed the proposal as a ‘‘non- the Commission’s approval of the OLPP statements with respect to the proposed controversial’’ proposed rule change Amendment. Accordingly, the rule change that are filed with the pursuant to Section 19(b)(3)(A)(iii) of Commission designates the proposed Commission, and all written the Act 3 and Rule 19b–4(f)(6) rule change as operative on July 1, communications relating to the thereunder.4 The Commission is 2020.21 proposed rule change between the publishing this notice to solicit At any time within 60 days of the Commission and any person, other than comments on the proposed rule change filing of the proposed rule change, the those that may be withheld from the from interested persons. Commission summarily may public in accordance with the I. Self-Regulatory Organization’s temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be Statement of the Terms of Substance of it appears to the Commission that such available for website viewing and the Proposed Rule Change action is necessary or appropriate in the printing in the Commission’s Public public interest, for the protection of The Exchange proposes to amend Reference Room, 100 F Street, NE, Options 3, Section 3 to conform the rule investors, or otherwise in furtherance of Washington, DC 20549, on official the purposes of the Act. If the to Section 3.1 of the Plan for the business days between the hours of Purpose of Developing and Commission takes such action, the 10:00 a.m. and 3:00 p.m. Copies of the Commission shall institute proceedings Implementing Procedures Designed to filing also will be available for Facilitate the Listing and Trading of to determine whether the proposed rule inspection and copying at the principal should be approved or disapproved. Standardized Options (the ‘‘OLPP’’). office of the Exchange. All comments The text of the proposed rule change IV. Solicitation of Comments received will be posted without change. is available on the Exchange’s website at Persons submitting comments are http://nasdaqbx.cchwallstreet.com/, at Interested persons are invited to cautioned that we do not redact or edit the principal office of the Exchange, and submit written data, views, and personal identifying information from at the Commission’s Public Reference arguments concerning the foregoing, comment submissions. You should Room. including whether the proposed rule submit only information that you wish change is consistent with the Act. II. Self-Regulatory Organization’s to make available publicly. All Statement of the Purpose of, and Comments may be submitted by any of submissions should refer to File the following methods: Statutory Basis for, the Proposed Rule Number SR–MRX–2020–13 and should Change be submitted on or before July 23, 2020. 19 15 U.S.C. 78s(b)(3)(A). In its filing with the Commission, the 20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– For the Commission, by the Division of Exchange included statements 4(f)(6) requires a self-regulatory organization to give Trading and Markets, pursuant to delegated concerning the purpose of and basis for the Commission written notice of its intent to file authority.22 the proposed rule change at least five business days the proposed rule change and discussed prior to the date of filing of the proposed rule J. Matthew DeLesDernier, any comments it received on the change, or such shorter time as designated by the Assistant Secretary. proposed rule change. The text of these Commission. The Exchange has satisfied this statements may be examined at the requirement. [FR Doc. 2020–14230 Filed 7–1–20; 8:45 am] 21 For purposes only of waiving the operative BILLING CODE 8011–01–P 1 delay for this proposal, the Commission has 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on 2 17 CFR 240.19b–4. efficiency, competition, and capital formation. See 3 15 U.S.C. 78s(b)(3)(A)(iii). 15 U.S.C. 78c(f). 22 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39950 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

places specified in Item IV below. The to the OLPP to make permanent the other options series included in the Exchange has prepared summaries, set Pilot Program (the ‘‘OLPP Program’’).9 Penny Interval Program that are trading forth in sections A, B, and C below, of The OLPP Program replaces the at or above $3.00. the most significant aspects of such Penny Pilot by instituting a permanent The Exchange also proposes to delete statements. program that would permit quoting in obsolete and superfluous language in penny increments for certain option Options 3, Section 3(a) regarding A. Self-Regulatory Organization’s classes. Under the terms of the OLPP amendments to the minimum Statement of the Purpose of, and Program, designated option classes increments that may be established by Statutory Basis for, the Proposed Rule would continue to be quoted in $0.01 the Board and designated as a stated Change and $0.05 increments according to the policy, practice or interpretation within 1. Purpose same parameters for the Penny Pilot. In the meaning of the Act, and the process 10 The purpose of this rule change is to addition, the OLPP Program would: (i) for such amendments by rule filing. amend Options 3, Section 3 (Minimum Establish an annual review process to Today, the Exchange may determine to Increments) to align the rule with the add option classes to, or to remove establish a change to the minimum recently approved amendment to the option classes from, the OLPP Program; increments within its Rules and must OLPP. (ii) to allow an option class to be added submit proposed rule changes for such to the OLPP Program if it is a newly amendments to the Commission.11 Background listed option class and it meets certain Accordingly, Options 3, Section 3(a), as On January 23, 2007, the Commission criteria; (iii) to allow an option class to amended, will simply provide that the approved on a limited basis a Penny be added to the OLPP Program if it is following minimum quoting increments Pilot in option classes in certain issues an option class that has seen a (as enumerated within Options 3, (‘‘Penny Pilot’’). The Penny Pilot was significant growth in activity; (iv) to Section 3(a)) shall apply to options designed to determine whether provide that if a corporate action contracts traded on the Exchange. involves one or more option classes in investors would benefit from options Penny Interval Program being quoted in penny increments, and the OLPP Program, all adjusted and in which classes the benefits were most unadjusted series and classes emerging The Exchange proposes to codify the significant. The Penny Pilot was as a result of the corporate action will OLPP Program in Supplementary initiated at the then existing option be included in the OLPP Program; and Material .01 to Options 3, Section exchanges in January 2007 5 and was (v) to provide that any series in an (Requirements for Penny Interval expanded and extended numerous times option class participating in the OLPP Program) (the ‘‘Penny Program’’), which over the last 13 years.6 In each instance, Program that have been delisted, or are will replace the Penny Pilot Rule and these approvals relied upon the identified by OCC as ineligible for permanently permit the Exchange to consideration of data periodically opening Customer transactions, will quote certain option classes in provided by the Exchanges that continue to trade pursuant to the OLPP minimum increments of one cents analyzed how quoting options in penny Program until they expire. ($0.01) and five cents ($0.05) (‘‘penny increments affects spreads, liquidity, To conform its Rules to the OLPP increments’’), as set forth in proposed quote traffic, and volume. Today, the Program, the Exchange proposes to subparagraphs (a)(3)(A)–(C) of Options Penny Pilot includes 363 option classes, delete the current rule text in 3, Section 3. As discussed above, the Supplementary Material.01 to Options penny increments that currently apply which are among the most actively 12 traded, multiply listed option classes. 3, Section 3 (the ‘‘Penny Pilot Rule’’), under the Penny Pilot will continue to and replace it with the requirements for apply for options classes included in the The Penny Pilot is scheduled to expire 13 by its own terms on June 30, 2020.7 the proposed Penny Interval Program Penny Program. In light of the imminent expiration of from the OLPP Program, which is The Penny Program would initially the Penny Pilot on June 30, 2020, the described below. The Exchange also apply to the 363 most actively traded Exchange, together with other proposes to relocate the Exchange’s multiply listed option classes, based on participating exchanges, filed, on July rules regarding the minimum price National Cleared Volume at The 18, 2019 a proposal to amend the variations for options in the proposed Options Clearing Corporation (‘‘OCC’’) OLPP.8 On April 1, 2020 the Penny Interval Program, which are in the six full calendar months ending Commission approved the amendment currently within Supplementary in the month of approval (i.e., Material .01 to Options 3, Section 3, into November 2019–April 2020) that currently quote in penny increments, or 5 See Securities Exchange Act Release Nos. 55154 new subparagraphs (a)(3)(A)–(C) of (January 23, 2007), 72 FR 4743 (February 1, 2007) Options 3, Section 3. Specifically, the (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 10 See Options 3, Section 3(a), which specifically FR 4754 (February 1, 2007) (SR–ISE–2006–62); Exchange proposes to provide in new provides: ‘‘The Board may establish minimum 54886 (December 6, 2006), 71 FR 74979 (December subparagraphs (a)(3)(A)–(C) that for quoting increments for options contracts traded on 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, options series traded pursuant to the BX Options. Such minimum increments established 2006), 71 FR 61525 (October 18, 2006) (SR– by the Board will be designated as a stated policy, NYSEArca–2006–73); and 54741 (November 9, proposed Penny Interval Program as practice, or interpretation with respect to the 2006), 71 FR 67176 (November 20, 2006) (SR– described in Supplementary Material administration of this Rule within the meaning of Amex–2006–106). .01 to Options 3, Section 3, the Section 19 of the Exchange Act and will be filed 6 The Penny Pilot was established on the following minimum quoting increments with the SEC as a rule change for effectiveness upon Exchange in June 2012 and was last extended in will apply: (A) One cent ($0.01) for all filing.’’ December 2019. See Securities Exchange Act 11 Decisions to change the minimum increments Release Nos. 67256 (June 26, 2012), 77 FR 39277 options series in QQQ, SPY, and IWM; relate to Exchange trading and operations, and thus (July 2, 2012) (SR–BX–2012–030); and 87754 (B) one cent ($0.01) for all other options are made by Exchange management via delegated (December 16, 2019), 84 FR 70232 (December 20, series included in the Penny Interval authority from the Board, rather than the Board 2019) (SR–BX–2019–046). Program that are trading at less than itself, which is generally not involved in 7 See Securities Exchange Act Release No. 87754 determinations related to day-to-day operations of (December 16, 2019), 84 FR 70232 (December 20, $3.00; and (C) five cents ($0.05) for all the Exchange. 2019) (SR–BX–2019–046). 12 See Supplementary Material .01 to Options 3, 8 See Securities Exchange Act Release No. 87681 9 See Securities Exchange Act Release No. 88532 Section 3. (December 9, 2019), 84 FR 68960 (December 17, (April 1, 2020), 85 FR 19545 (April 7, 2020) (File 13 See proposed subparagraphs (a)(3)(A)–(C) of 2019) (‘‘Notice’’). No. 4–443) (‘‘Approval Order’’). Options 3, Section 3.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39951

overlie securities priced below $200, or Changes to the Composition of the in the affected option classes. any index at an index level below $200. Penny Program Outside of the Annual Specifically, if a corporate action Eligibility for inclusion in the Penny Review involves one or more option classes in Program will be determined at the close Newly Listed Option Classes and the Penny Program, all adjusted and of trading on the monthly Expiration Option Classes With Significant Growth unadjusted series of an option class Friday of the second full month in Activity would continue to be included in the following April 1, 2020 (i.e., June 19, Penny Program.14 Furthermore, neither 2020). The Penny Program would specify a the trading volume threshold, nor the process and parameters for including Once in the Penny Program, an option initial price test would apply to option option classes in the Penny Program classes added to the Penny Program as class will remain included until it is no outside the annual review process in longer among the 425 most actively a result of the corporate action. Finally, two circumstances. These provisions are the newly added adjusted and traded option classes at the time the designed to provide objective criteria to annual review is conducted (described unadjusted series of the option class add to the Penny Program new option would remain in the Penny Program for below), at which point it will be classes in issues with the most removed from the Penny Program. As one full calendar year and then would demonstrated trading interest from become subject to the annual review described in more detail below, the market participants and investors on an process. removed class will be replaced by the expedited basis prior to the annual next most actively traded multiply review, with the benefit that market Delisted or Ineligible Option Classes listed option class overlying securities participants and investors will then be Finally, the Penny Program would priced below $200 per share, or any able to trade these new option classes provide a mechanism to address option index at an index level below $200, and based upon quotes expressed in finer classes that have been delisted or those not yet in the Penny Program. Advanced trading increments. that are no longer eligible for listing. notice regarding the option classes First, the Penny Program provides for Specifically, any series in an option included, added, or removed from the certain newly listed option classes to be class participating in the Penny Program Penny Program will be provided to the added to the Penny Program outside of in which the underlying has been Exchange’s membership via Options the annual review process, provided delisted, or is identified by OCC as Trader Alert and published by the that (i) the class is among the 300 most ineligible for opening customer Exchange on its website. actively traded, multiply listed option transactions, would continue to quote classes, as ranked by National Cleared Annual Review pursuant to the terms of the Penny Volume at OCC, in its first full calendar Program until all options series have The Penny Program would include an month of trading; and (ii) the underlying expired. annual review process that applies security is priced below $200 or the Implementation objective criteria to determine option underlying index is at an index level classes to be added to, or removed from, below $200. Such newly listed option The Exchange proposes to implement the Penny Program. Specifically, on an classes added to the Penny Program the Penny Program on July 1, 2020, annual basis beginning in December pursuant to this process would remain which is the first trading day of the 2020 and occurring every December in the Penny Program for one full third month following the Approval thereafter, the Exchange will review and calendar year and then would be subject Order issued on April 1, 2020—i.e., July rank all multiply listed option classes to the annual review process. 1, 2020. Second, the Penny Program would based on National Cleared Volume at allow an option class to be added to the 2. Statutory Basis OCC for the six full calendar months Penny Program outside of the annual from June 1st through November 30th The Exchange believes that its review process if it is an option class for determination of the most actively proposal is consistent with Section 6(b) that meets certain specific criteria. 15 traded option classes. Any option of the Act, in general, and furthers the Specifically, new option classes may be 16 classes not yet in the Penny Program objectives of Section 6(b)(5) of the Act, added to the Penny Program if: (i) The may be added to the Penny Program if in particular, in that it is designed to option class is among the 75 most the class is among the 300 most actively prevent fraudulent and manipulative actively traded multiply listed option traded multiply listed option classes acts and practices, to promote just and classes, as ranked by National Cleared and priced below $200 per share or any equitable principles of trade, to remove Volume at OCC, in the prior six full index at an index level below $200. impediments to and perfect the calendar months of trading and (ii) the mechanism of a free and open market Following the annual review, option underlying security is priced below and a national market system, and, in classes to be added to the Penny $200 or the underlying index is at an general, to protect investors and the Program would begin quoting in penny index level below $200. Any option public interest. increments (i.e., $0.01 if trading at less class added under this provision will be In particular, the proposed rule than $3; and $0.05 if trading at $3 and added on the first trading day of the change, which conforms the Exchange above) on the first trading day of second full month after it qualifies and rules to the recently adopted OLPP January. In addition, following the will remain in the Penny Program for Program, allows the Exchange to annual review, any option class in the the rest of the calendar year, after which provide market participants with a Penny Program that falls outside of the it will be subject to the annual review 425 most actively traded option classes process. 14 For example, if Company A acquires Company would be removed from the Penny B and Company A is not in the Penny Program but Program. After the annual review, Corporate Actions Company B is in the Penny Program, once the option classes that are removed from the The Penny Program would also merger is consummated and an options contract specify a process to address option adjustment is effective, then Company A would be Penny Program will be subject to the added to the Penny Program and remain in the minimum trading increments set forth classes in the Penny Program that Penny Program for one calendar year. in Options 3, Section 3, effective on the undergo a corporate action and is 15 15 U.S.C. 78f(b). first trading day of April. designed to ensure continuous liquidity 16 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39952 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

permanent Penny Program for quoting C. Self-Regulatory Organization’s including whether the proposed rule options in penny increments, which Statement on Comments on the change is consistent with the Act. maximizes the benefit of quoting in a Proposed Rule Change Received From Comments may be submitted by any of finer quoting increment to investors Members, Participants, or Others the following methods: while minimizing the burden that a No written comments were either Electronic Comments finer quoting increment places on quote solicited or received. traffic. • Use the Commission’s internet III. Date of Effectiveness of the comment form (http://www.sec.gov/ Accordingly, the Exchange believes Proposed Rule Change and Timing for rules/sro.shtml); or that the proposal is consistent with the Commission Action • Act because, in conforming the Send an email to rule-comments@ Because the foregoing proposed rule Exchange rules to the OLPP Program, sec.gov. Please include File Number SR– change does not: (i) Significantly affect BX–2020–013 on the subject line. the Penny Program would employ the protection of investors or the public processes, based upon objective criteria, interest; (ii) impose any significant Paper Comments that would rebalance the composition of burden on competition; and (iii) become • Send paper comments in triplicate the Penny Program, thereby helping to operative for 30 days after the date of to Secretary, Securities and Exchange ensure that the most actively traded the filing, or such shorter time as the Commission, 100 F Street NE, option classes are included in the Penny Commission may designate, it has Washington, DC 20549–1090. Program, which helps facilitate the become effective pursuant to Section All submissions should refer to File maintenance of a fair and orderly 19(b)(3)(A) of the Act 17 and Rule 19b– Number SR–BX–2020–013. This file market. 4(f)(6) 18 thereunder. The Exchange has number should be included on the proposed to implement the Penny B. Self-Regulatory Organization’s subject line if email is used. To help the Program on July 1, 2020 and has asked Statement on Burden on Competition Commission process and review your the Commission to waive the 30-day comments more efficiently, please use operative delay for this filing. The Exchange does not believe that only one method. The Commission will The Commission believes that the proposed rule change will impose post all comments on the Commission’s waiving the 30-day operative delay is any burden on competition not internet website (http://www.sec.gov/ consistent with the protection of necessary or appropriate in furtherance rules/sro.shtml). of the purposes of the Act. The investors and the public interest because it will allow the Exchange to Copies of the submission, all proposed Penny Program, which subsequent amendments, all written modifies the Exchange’s rules to align modify its rules to conform to the OLPP Program and implement the Penny statements with respect to the proposed them with the Commission approved Program on July 1, 2020, consistent with rule change that are filed with the OLPP Program, is not designed to be a the Commission’s approval of the OLPP Commission, and all written competitive filing nor does it impose an Amendment. Accordingly, the communications relating to the undue burden on intermarket Commission designates the proposed proposed rule change between the competition as the Exchange anticipates rule change as operative on July 1, Commission and any person, other than that the options exchanges will adopt 2020.19 those that may be withheld from the substantially identical rules. Moreover, At any time within 60 days of the public in accordance with the the Exchange believes that by filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be conforming Exchange rules to the OLPP Commission summarily may available for website viewing and Program, the Exchange would promote temporarily suspend such rule change if printing in the Commission’s Public regulatory clarity and consistency, it appears to the Commission that such Reference Room, 100 F Street NE, thereby reducing burdens on the action is necessary or appropriate in the Washington, DC 20549, on official marketplace and facilitating investor public interest, for the protection of business days between the hours of protection. To the extent that there is a investors, or otherwise in furtherance of 10:00 a.m. and 3:00 p.m. Copies of the competitive burden on those option the purposes of the Act. If the filing also will be available for classes that do not qualify for the Penny Commission takes such action, the inspection and copying at the principal Program, the Exchange believes that it is Commission shall institute proceedings office of the Exchange. All comments appropriate because the proposal should to determine whether the proposed rule received will be posted without change. benefit all market participants and should be approved or disapproved. Persons submitting comments are investors by maximizing the benefit of cautioned that we do not redact or edit IV. Solicitation of Comments a finer quoting increment in those personal identifying information from option classes with the most trading Interested persons are invited to comment submissions. You should interest while minimizing the burden of submit written data, views, and submit only information that you wish greater quote traffic in option classes arguments concerning the foregoing, to make available publicly. All with less trading interest. The Exchange submissions should refer to File 17 believes that adopting rules, which it 15 U.S.C. 78s(b)(3)(A). Number SR–BX–2020–013 and should 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– be submitted on or before July 23, 2020. anticipates will likewise be adopted by 4(f)(6) requires a self-regulatory organization to give all option exchanges that are the Commission written notice of its intent to file For the Commission, by the Division of participants in the OLPP, would allow the proposed rule change at least five business days Trading and Markets, pursuant to delegated 20 for continued competition between prior to the date of filing of the proposed rule authority. change, or such shorter time as designated by the J. Matthew DeLesDernier, Exchange market participants trading Commission. The Exchange has satisfied this similar products as their counterparts requirement. Assistant Secretary. on other exchanges, while at the same 19 For purposes only of waiving the operative [FR Doc. 2020–14236 Filed 7–1–20; 8:45 am] delay for this proposal, the Commission has time allowing the Exchange to continue BILLING CODE 8011–01–P considered the proposed rule’s impact on to compete for order flow with other efficiency, competition, and capital formation. See exchanges. 15 U.S.C. 78c(f). 20 17 CFR 200.30–3(a)(12).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39953

SECURITIES AND EXCHANGE places specified in Item IV below. The to the OLPP to make permanent the COMMISSION Exchange has prepared summaries, set Pilot Program (the ‘‘OLPP Program’’).9 forth in sections A, B, and C below, of The OLPP Program replaces the [Release No. 34–89167; File No. SR– the most significant aspects of such Penny Pilot by instituting a permanent NASDAQ–2020–036] statements. program that would permit quoting in Self-Regulatory Organizations; The penny increments for certain option A. Self-Regulatory Organization’s classes. Under the terms of the OLPP Nasdaq Stock Market LLC; Notice of Statement of the Purpose of, and Filing and Immediate Effectiveness of Program, designated option classes Statutory Basis for, the Proposed Rule would continue to be quoted in $0.01 Proposed Rule Change To Amend Change Options 3, Section 3 To Conform the and $0.05 increments according to the Rule to Section 3.1 of the Plan for the 1. Purpose same parameters for the Penny Pilot. In Purpose of Developing and The purpose of this rule change is to addition, the OLPP Program would: (i) Implementing Procedures Designed To amend Options 3, Section 3 (Minimum Establish an annual review process to Facilitate the Listing and Trading of Increments) to align the rule with the add option classes to, or to remove Standardized Options recently approved amendment to the option classes from, the OLPP Program; OLPP. (ii) to allow an option class to be added June 26, 2020. to the OLPP Program if it is a newly Pursuant to Section 19(b)(1) of the Background listed option class and it meets certain Securities Exchange Act of 1934 (the On January 23, 2007, the Commission criteria; (iii) to allow an option class to ‘‘Act’’),1 and Rule 19b–4 thereunder,2 approved on a limited basis a Penny be added to the OLPP Program if it is notice is hereby given that on June 23, Pilot in option classes in certain issues an option class that has seen a 2020, The Nasdaq Stock Market LLC (‘‘Penny Pilot’’). The Penny Pilot was significant growth in activity; (iv) to (the ‘‘Exchange’’) filed with the designed to determine whether provide that if a corporate action Securities and Exchange Commission investors would benefit from options involves one or more option classes in (the ‘‘Commission’’) the proposed rule being quoted in penny increments, and the OLPP Program, all adjusted and change as described in Items I and II in which classes the benefits were most unadjusted series and classes emerging below, which Items have been prepared significant. The Penny Pilot was as a result of the corporate action will by the Exchange. The Exchange filed the initiated at the then existing option be included in the OLPP Program; and proposal as a ‘‘non-controversial’’ exchanges in January 2007 5 and was (v) to provide that any series in an proposed rule change pursuant to expanded and extended numerous times option class participating in the OLPP Section 19(b)(3)(A)(iii) of the Act 3 and over the last 13 years.6 In each instance, Program that have been delisted, or are Rule 19b–4(f)(6) thereunder.4 The these approvals relied upon the identified by OCC as ineligible for Commission is publishing this notice to consideration of data periodically opening Customer transactions, will solicit comments on the proposed rule provided by the Exchanges that continue to trade pursuant to the OLPP change from interested persons. analyzed how quoting options in penny Program until they expire. increments affects spreads, liquidity, To conform its Rules to the OLPP I. Self-Regulatory Organization’s quote traffic, and volume. Today, the Program, the Exchange proposes to Statement of the Terms of Substance of Penny Pilot includes 363 option classes, delete the current rule text in the Proposed Rule Change which are among the most actively Supplementary Material.01 to Options The Exchange proposes to amend traded, multiply listed option classes. 3, Section 3 (the ‘‘Penny Pilot Rule’’), Options 3, Section 3 to conform the rule The Penny Pilot is scheduled to expire and replace it with the requirements for to Section 3.1 of the Plan for the by its own terms on June 30, 2020.7 the proposed Penny Interval Program Purpose of Developing and In light of the imminent expiration of from the OLPP Program, which is Implementing Procedures Designed to the Penny Pilot on June 30, 2020, the described below. The Exchange also Facilitate the Listing and Trading of Exchange, together with other proposes to relocate the Exchange’s Standardized Options (the ‘‘OLPP’’). participating exchanges, filed, on July rules regarding the minimum price The text of the proposed rule change 18, 2019 a proposal to amend the variations for options in the proposed is available on the Exchange’s website at OLPP.8 On April 1, 2020 the Penny Interval Program, which are http://nasdaq.cchwallstreet.com, at the Commission approved the amendment currently within Supplementary principal office of the Exchange, and at Material .01 to Options 3, Section 3, into the Commission’s Public Reference 5 See Securities Exchange Act Release Nos. 55154 new subparagraphs (a)(3)(A)—(C) of Room. (January 23, 2007), 72 FR 4743 (February 1, 2007) Options 3, Section 3. Specifically, the (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 Exchange proposes to provide in new II. Self-Regulatory Organization’s FR 4754 (February 1, 2007) (SR–ISE–2006–62); 54886 (December 6, 2006), 71 FR 74979 (December subparagraphs (a)(3)(A)—(C) that for Statement of the Purpose of, and 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, options series traded pursuant to the Statutory Basis for, the Proposed Rule 2006), 71 FR 61525 (October 18, 2006) (SR– proposed Penny Interval Program as Change NYSEArca-2006–73); and 54741 (November 9, 2006), 71 FR 67176 (November 20, 2006) (SR– described in Supplementary Material In its filing with the Commission, the Amex–2006–106). .01 to Options 3, Section 3, the Exchange included statements 6 The Penny Pilot was established on the following minimum quoting increments concerning the purpose of and basis for Exchange in March 2008 and was last extended in will apply: (A) One cent ($0.01) for all December 2019. See Securities Exchange Act the proposed rule change and discussed Release Nos. 57579 (March 28, 2008), 73 FR 18587 options series in QQQ, SPY, and IWM; any comments it received on the (April 4, 2008) (SR–NASDAQ–2008–026); and (B) one cent ($0.01) for all other options proposed rule change. The text of these 87831 (December 20, 2019), 84 FR 72013 (December series included in the Penny Interval statements may be examined at the 30, 2019) (SR–NASDAQ–2019–100). Program that are trading at less than 7 See Securities Exchange Act Release No. 87831 (December 20, 2019), 84 FR 72013 (December 30, $3.00; and (C) five cents ($0.05) for all 1 15 U.S.C. 78s(b)(1). 2019) (SR–NASDAQ–2019–100). 2 17 CFR 240.19b–4. 8 See Securities Exchange Act Release No. 87681 9 See Securities Exchange Act Release No. 88532 3 15 U.S.C. 78s(b)(3)(A)(iii). (December 9, 2019), 84 FR 68960 (December 17, (April 1, 2020), 85 FR 19545 (April 7, 2020) (File 4 17 CFR 240.19b–4(f)(6). 2019) (‘‘Notice’’). No. 4–443) (‘‘Approval Order’’).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39954 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

other options series included in the overlie securities priced below $200, or Changes to the Composition of the Penny Interval Program that are trading any index at an index level below $200. Penny Program Outside of the Annual at or above $3.00. Eligibility for inclusion in the Penny Review The Exchange also proposes to delete Program will be determined at the close Newly Listed Option Classes and obsolete and superfluous language in of trading on the monthly Expiration Option Classes With Significant Growth Options 3, Section 3(a) regarding Friday of the second full month in Activity amendments to the minimum following April 1, 2020 (i.e., June 19, increments that may be established by 2020). The Penny Program would specify a the Board and designated as a stated process and parameters for including Once in the Penny Program, an option policy, practice or interpretation within option classes in the Penny Program the meaning of the Act, and the process class will remain included until it is no outside the annual review process in for such amendments by rule filing.10 longer among the 425 most actively two circumstances. These provisions are Today, the Exchange may determine to traded option classes at the time the designed to provide objective criteria to establish a change to the minimum annual review is conducted (described add to the Penny Program new option increments within its Rules and must below), at which point it will be classes in issues with the most submit proposed rule changes for such removed from the Penny Program. As demonstrated trading interest from amendments to the Commission.11 described in more detail below, the market participants and investors on an Accordingly, Options 3, Section 3(a), as removed class will be replaced by the expedited basis prior to the annual amended, will simply provide that the next most actively traded multiply review, with the benefit that market following minimum quoting increments listed option class overlying securities participants and investors will then be (as enumerated within Options 3, priced below $200 per share, or any able to trade these new option classes Section 3(a)) shall apply to options index at an index level below $200, and based upon quotes expressed in finer contracts traded on the Exchange. not yet in the Penny Program. Advanced trading increments. notice regarding the option classes First, the Penny Program provides for Penny Interval Program included, added, or removed from the certain newly listed option classes to be The Exchange proposes to codify the Penny Program will be provided to the added to the Penny Program outside of OLPP Program in Supplementary Exchange’s membership via Options the annual review process, provided Material .01 to Options 3, Section Trader Alert and published by the that (i) the class is among the 300 most (Requirements for Penny Interval Exchange on its website. actively traded, multiply listed option Program) (the ‘‘Penny Program’’), which classes, as ranked by National Cleared will replace the Penny Pilot Rule and Annual Review Volume at OCC, in its first full calendar permanently permit the Exchange to The Penny Program would include an month of trading; and (ii) the underlying quote certain option classes in annual review process that applies security is priced below $200 or the minimum increments of one cents objective criteria to determine option underlying index is at an index level ($0.01) and five cents ($0.05) (‘‘penny classes to be added to, or removed from, below $200. Such newly listed option increments’’), as set forth in proposed the Penny Program. Specifically, on an classes added to the Penny Program subparagraphs (a)(3)(A)—(C) of Options annual basis beginning in December pursuant to this process would remain 3, Section 3. As discussed above, the 2020 and occurring every December in the Penny Program for one full penny increments that currently apply thereafter, the Exchange will review and calendar year and then would be subject under the Penny Pilot 12 will continue to rank all multiply listed option classes to the annual review process. apply for options classes included in the Second, the Penny Program would based on National Cleared Volume at Penny Program.13 allow an option class to be added to the OCC for the six full calendar months The Penny Program would initially Penny Program outside of the annual from June 1st through November 30th apply to the 363 most actively traded review process if it is an option class for determination of the most actively multiply listed option classes, based on that meets certain specific criteria. traded option classes. Any option National Cleared Volume at The Specifically, new option classes may be classes not yet in the Penny Program Options Clearing Corporation (‘‘OCC’’) added to the Penny Program if: (i) The may be added to the Penny Program if in the six full calendar months ending option class is among the 75 most the class is among the 300 most actively in the month of approval (i.e., actively traded multiply listed option traded multiply listed option classes November 2019—April 2020) that classes, as ranked by National Cleared and priced below $200 per share or any currently quote in penny increments, or Volume at OCC, in the prior six full index at an index level below $200. calendar months of trading and (ii) the 10 See Options 3, Section 3(a), which specifically Following the annual review, option underlying security is priced below provides: ‘‘The Board may establish minimum classes to be added to the Penny quoting increments for options contracts traded on $200 or the underlying index is at an NOM. Such minimum increments established by Program would begin quoting in penny index level below $200. Any option the Board will be designated as a stated policy, increments (i.e., $0.01 if trading at less class added under this provision will be practice, or interpretation with respect to the than $3; and $0.05 if trading at $3 and added on the first trading day of the administration of this Rule within the meaning of above) on the first trading day of Section 19 of the Exchange Act and will be filed second full month after it qualifies and with the SEC as a rule change for effectiveness upon January. In addition, following the will remain in the Penny Program for filing.’’ annual review, any option class in the the rest of the calendar year, after which 11 Decisions to change the minimum increments Penny Program that falls outside of the it will be subject to the annual review relate to Exchange trading and operations, and thus 425 most actively traded option classes are made by Exchange management via delegated process. authority from the Board, rather than the Board would be removed from the Penny itself, which is generally not involved in Program. After the annual review, Corporate Actions determinations related to day-to-day operations of option classes that are removed from the The Penny Program would also the Exchange. Penny Program will be subject to the specify a process to address option 12 See Supplementary Material .01 to Options 3, Section 3. minimum trading increments set forth classes in the Penny Program that 13 See proposed subparagraphs (a)(3)(A)—(C) of in Options 3, Section 3, effective on the undergo a corporate action and is Options 3, Section 3. first trading day of April. designed to ensure continuous liquidity

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39955

in the affected option classes. permanent Penny Program for quoting C. Self-Regulatory Organization’s Specifically, if a corporate action options in penny increments, which Statement on Comments on the involves one or more option classes in maximizes the benefit of quoting in a Proposed Rule Change Received From the Penny Program, all adjusted and finer quoting increment to investors Members, Participants, or Others unadjusted series of an option class while minimizing the burden that a No written comments were either would continue to be included in the finer quoting increment places on quote solicited or received. Penny Program.14 Furthermore, neither traffic. the trading volume threshold, nor the III. Date of Effectiveness of the Accordingly, the Exchange believes initial price test would apply to option Proposed Rule Change and Timing for that the proposal is consistent with the classes added to the Penny Program as Commission Action Act because, in conforming the a result of the corporate action. Finally, Because the foregoing proposed rule the newly added adjusted and Exchange rules to the OLPP Program, change does not: (i) Significantly affect unadjusted series of the option class the Penny Program would employ the protection of investors or the public would remain in the Penny Program for processes, based upon objective criteria, interest; (ii) impose any significant one full calendar year and then would that would rebalance the composition of burden on competition; and (iii) become become subject to the annual review the Penny Program, thereby helping to operative for 30 days after the date of process. ensure that the most actively traded the filing, or such shorter time as the option classes are included in the Penny Commission may designate, it has Delisted or Ineligible Option Classes Program, which helps facilitate the become effective pursuant to Section Finally, the Penny Program would maintenance of a fair and orderly 19(b)(3)(A) of the Act 17 and Rule 19b– provide a mechanism to address option market. 4(f)(6) 18 thereunder. The Exchange has classes that have been delisted or those B. Self-Regulatory Organization’s proposed to implement the Penny that are no longer eligible for listing. Program on July 1, 2020 and has asked Statement on Burden on Competition Specifically, any series in an option the Commission to waive the 30-day class participating in the Penny Program The Exchange does not believe that operative delay for this filing. in which the underlying has been the proposed rule change will impose The Commission believes that delisted, or is identified by OCC as any burden on competition not waiving the 30-day operative delay is ineligible for opening customer necessary or appropriate in furtherance consistent with the protection of transactions, would continue to quote of the purposes of the Act. The investors and the public interest pursuant to the terms of the Penny proposed Penny Program, which because it will allow the Exchange to Program until all options series have modifies the Exchange’s rules to align modify its rules to conform to the OLPP expired. Program and implement the Penny them with the Commission approved Program on July 1, 2020, consistent with Implementation OLPP Program, is not designed to be a the Commission’s approval of the OLPP competitive filing nor does it impose an The Exchange proposes to implement Amendment. Accordingly, the undue burden on intermarket the Penny Program on July 1, 2020, Commission designates the proposed which is the first trading day of the competition as the Exchange anticipates rule change as operative on July 1, third month following the Approval that the options exchanges will adopt 2020.19 Order issued on April 1, 2020—i.e., July substantially identical rules. Moreover, At any time within 60 days of the 1, 2020. the Exchange believes that by filing of the proposed rule change, the conforming Exchange rules to the OLPP 2. Statutory Basis Commission summarily may Program, the Exchange would promote temporarily suspend such rule change if The Exchange believes that its regulatory clarity and consistency, it appears to the Commission that such proposal is consistent with Section 6(b) thereby reducing burdens on the action is necessary or appropriate in the of the Act,15 in general, and furthers the marketplace and facilitating investor public interest, for the protection of objectives of Section 6(b)(5) of the Act,16 protection. To the extent that there is a investors, or otherwise in furtherance of in particular, in that it is designed to competitive burden on those option the purposes of the Act. If the prevent fraudulent and manipulative classes that do not qualify for the Penny Commission takes such action, the acts and practices, to promote just and Program, the Exchange believes that it is Commission shall institute proceedings equitable principles of trade, to remove appropriate because the proposal should to determine whether the proposed rule impediments to and perfect the benefit all market participants and should be approved or disapproved. mechanism of a free and open market investors by maximizing the benefit of IV. Solicitation of Comments and a national market system, and, in a finer quoting increment in those general, to protect investors and the option classes with the most trading Interested persons are invited to public interest. interest while minimizing the burden of submit written data, views, and In particular, the proposed rule greater quote traffic in option classes arguments concerning the foregoing, change, which conforms the Exchange with less trading interest. The Exchange 17 rules to the recently adopted OLPP believes that adopting rules, which it 15 U.S.C. 78s(b)(3)(A). Program, allows the Exchange to 18 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– anticipates will likewise be adopted by 4(f)(6) requires a self-regulatory organization to give provide market participants with a all option exchanges that are the Commission written notice of its intent to file participants in the OLPP, would allow the proposed rule change at least five business days 14 For example, if Company A acquires Company for continued competition between prior to the date of filing of the proposed rule B and Company A is not in the Penny Program but change, or such shorter time as designated by the Company B is in the Penny Program, once the Exchange market participants trading Commission. The Exchange has satisfied this merger is consummated and an options contract similar products as their counterparts requirement. adjustment is effective, then Company A would be on other exchanges, while at the same 19 For purposes only of waiving the operative added to the Penny Program and remain in the time allowing the Exchange to continue delay for this proposal, the Commission has Penny Program for one calendar year. considered the proposed rule’s impact on 15 15 U.S.C. 78f(b). to compete for order flow with other efficiency, competition, and capital formation. See 16 15 U.S.C. 78f(b)(5). exchanges. 15 U.S.C. 78c(f).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39956 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

including whether the proposed rule SECURITIES AND EXCHANGE places specified in Item IV below. The change is consistent with the Act. COMMISSION Exchange has prepared summaries, set Comments may be submitted by any of forth in sections A, B, and C below, of [Release No. 34–89168; File No. SR–Phlx– the following methods: 2020–32] the most significant aspects of such statements. Electronic Comments Self-Regulatory Organizations; Nasdaq • Use the Commission’s internet A. Self-Regulatory Organization’s PHLX LLC; Notice of Filing and Statement of the Purpose of, and comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed rules/sro.shtml); or Statutory Basis for, the Proposed Rule • Rule Change To Amend Options 3, Change Send an email to rule-comments@ Section 3 To Conform the Rule to sec.gov. Please include File Number SR– Section 3.1 of the Plan for the Purpose 1. Purpose NASDAQ–2020–036 on the subject line of Developing and Implementing The purpose of this rule change is to Paper Comments Procedures Designed To Facilitate the amend Options 3, Section 3 (Minimum Listing and Trading of Standardized • Send paper comments in triplicate Increments) to align the rule with the Options to Secretary, Securities and Exchange recently approved amendment to the OLPP. Commission, 100 F Street NE, June 26, 2020. Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the Background All submissions should refer to File Securities Exchange Act of 1934 (the On January 23, 2007, the Commission Number SR–NASDAQ–2020–036. This ‘‘Act’’),1 and Rule 19b–4 thereunder,2 approved on a limited basis a Penny file number should be included on the notice is hereby given that on June 23, Pilot in option classes in certain issues subject line if email is used. To help the 2020, Nasdaq PHLX LLC (the (‘‘Penny Pilot’’). The Penny Pilot was Commission process and review your ‘‘Exchange’’) filed with the Securities designed to determine whether comments more efficiently, please use and Exchange Commission (the investors would benefit from options only one method. The Commission will ‘‘Commission’’) the proposed rule being quoted in penny increments, and post all comments on the Commission’s change as described in Items I and II in which classes the benefits were most internet website (http://www.sec.gov/ below, which Items have been prepared significant. The Penny Pilot was rules/sro.shtml). by the Exchange. The Exchange filed the expanded and extended numerous times Copies of the submission, all proposal as a ‘‘non-controversial’’ over the last 13 years.5 In each instance, subsequent amendments, all written proposed rule change pursuant to these approvals relied upon the statements with respect to the proposed Section 19(b)(3)(A)(iii) of the Act 3 and consideration of data periodically rule change that are filed with the Rule 19b–4(f)(6) thereunder.4 The provided by the Exchanges that Commission, and all written Commission is publishing this notice to analyzed how quoting options in penny communications relating to the solicit comments on the proposed rule increments affects spreads, liquidity, proposed rule change between the change from interested persons. quote traffic, and volume. Today, the Commission and any person, other than I. Self-Regulatory Organization’s Penny Pilot includes 363 option classes, those that may be withheld from the which are among the most actively public in accordance with the Statement of the Terms of Substance of the Proposed Rule Change traded, multiply listed option classes. provisions of 5 U.S.C. 552, will be The Penny Pilot is scheduled to expire available for website viewing and The Exchange proposes to amend by its own terms on June 30, 2020.6 printing in the Commission’s Public Options 3, Section 3 to conform the rule In light of the imminent expiration of Reference Room, 100 F Street NE, to Section 3.1 of the Plan for the the Penny Pilot on June 30, 2020, the Washington, DC 20549, on official Purpose of Developing and Exchange, together with other business days between the hours of Implementing Procedures Designed to participating exchanges, filed, on July 10:00 a.m. and 3:00 p.m. Copies of the Facilitate the Listing and Trading of 18, 2019 a proposal to amend the filing also will be available for Standardized Options (the ‘‘OLPP’’). OLPP.7 On April 1, 2020 the inspection and copying at the principal The text of the proposed rule change Commission approved the amendment office of the Exchange. All comments is available on the Exchange’s website at to the OLPP to make permanent the received will be posted without change. http://nasdaqphlx.cchwallstreet.com, at Pilot Program (the ‘‘OLPP Program’’).8 Persons submitting comments are the principal office of the Exchange, and The OLPP Program replaces the cautioned that we do not redact or edit at the Commission’s Public Reference Penny Pilot by instituting a permanent personal identifying information from Room. program that would permit quoting in comment submissions. You should II. Self-Regulatory Organization’s penny increments for certain option submit only information that you wish Statement of the Purpose of, and classes. Under the terms of the OLPP to make available publicly. All Statutory Basis for, the Proposed Rule submissions should refer to File Change 5 The Penny Pilot was established on the Number SR–NASDAQ–2020–036 and Exchange in December 2006 and was last extended should be submitted on or before July In its filing with the Commission, the in December 2019. See Securities Exchange Act 23, 2020. Exchange included statements Release Nos. 54886 (December 6, 2006), 71 FR concerning the purpose of and basis for 74979 (December 13, 2006) (SR–Phlx–2006–74); For the Commission, by the Division of and 87748 (December 13, 2019), 84 FR 69803 Trading and Markets, pursuant to delegated the proposed rule change and discussed (December 19, 2019) (SR–Phlx–2019–55). authority.20 any comments it received on the 6 See Securities Exchange Act Release No. 87748 (December 13, 2019), 84 FR 69803 (December 19, J. Matthew DeLesDernier, proposed rule change. The text of these statements may be examined at the 2019) (SR–Phlx–2019–55). Assistant Secretary. 7 See Securities Exchange Act Release No. 87681 [FR Doc. 2020–14234 Filed 7–1–20; 8:45 am] (December 9, 2019), 84 FR 68960 (December 17, 1 15 U.S.C. 78s(b)(1). 2019) (‘‘Notice’’). BILLING CODE 8011–01–P 2 17 CFR 240.19b–4. 8 See Securities Exchange Act Release No. 88532 3 15 U.S.C. 78s(b)(3)(A)(iii). (April 1, 2020), 85 FR 19545 (April 7, 2020) (File 20 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). No. 4–443) (‘‘Approval Order’’).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39957

Program, designated option classes connection with the foregoing change, listed option class overlying securities would continue to be quoted in $0.01 the Exchange also proposes to renumber priced below $200 per share, or any and $0.05 increments according to the current subparagraphs (a)(2) and (3) in index at an index level below $200, and same parameters for the Penny Pilot. In Options 3, Section 3 as subparagraphs not yet in the Penny Program. Advanced addition, the OLPP Program would: (i) (a)(1) and (2). notice regarding the option classes Establish an annual review process to Penny Interval Program included, added, or removed from the add option classes to, or to remove Penny Program will be provided to the option classes from, the OLPP Program; The Exchange proposes to codify the Exchange’s membership via Options (ii) to allow an option class to be added OLPP Program in Supplementary Trader Alert and published by the to the OLPP Program if it is a newly Material .01 to Options 3, Section Exchange on its website. listed option class and it meets certain (Requirements for Penny Interval criteria; (iii) to allow an option class to Program) (the ‘‘Penny Program’’), which Annual Review be added to the OLPP Program if it is will replace the Penny Pilot Rule and The Penny Program would include an an option class that has seen a permanently permit the Exchange to annual review process that applies significant growth in activity; (iv) to quote certain option classes in objective criteria to determine option provide that if a corporate action minimum increments of one cents classes to be added to, or removed from, involves one or more option classes in ($0.01) and five cents ($0.05) (‘‘penny the Penny Program. Specifically, on an the OLPP Program, all adjusted and increments’’), as set forth in annual basis beginning in December unadjusted series and classes emerging Supplementary Material .01 to Options 2020 and occurring every December as a result of the corporate action will 3, Section 3. The penny increments that thereafter, the Exchange will review and be included in the OLPP Program; and currently apply under the Penny Pilot as rank all multiply listed option classes (v) to provide that any series in an set forth in existing Supplementary based on National Cleared Volume at option class participating in the OLPP Material .01 to Options 3, Section 3 will OCC for the six full calendar months Program that have been delisted, or are continue to apply for options classes from June 1st through November 30th identified by OCC as ineligible for included in the Penny Program. for determination of the most actively opening Customer transactions, will Specifically, new subparagraphs (a)(1)– traded option classes. Any option continue to trade pursuant to the OLPP (3) in Supplementary Material .01 to classes not yet in the Penny Program Program until they expire. Options 3, Section 3 will state that for may be added to the Penny Program if To conform its Rules to the OLPP options contracts traded pursuant to the the class is among the 300 most actively Program, the Exchange proposes to Penny Program as described within traded multiply listed option classes delete the current rule text in Supplementary Material .01 to Options and priced below $200 per share or any Supplementary Material.01 to Options 3, Section 3, the following minimum index at an index level below $200. 3, Section 3 (the ‘‘Penny Pilot Rule’’), increments will apply: (1) One cent Following the annual review, option and replace it with the requirements for ($0.01) for all options contracts in QQQ, classes to be added to the Penny the proposed Penny Interval Program SPY, and IWM; (2) one cent ($0.01) for Program would begin quoting in penny from the OLPP Program, which is all other options contracts included in increments (i.e., $0.01 if trading at less described below, and to replace the Penny Interval Program that are than $3; and $0.05 if trading at $3 and references to the ‘‘Penny Pilot’’ in trading at less than $3.00; and (3) five above) on the first trading day of several Exchange rules with ‘‘Penny cents ($0.05) for all other options January. In addition, following the contracts included in the Penny Interval Interval Program.’’ annual review, any option class in the Program that are trading at or above The Exchange also proposes to delete Penny Program that falls outside of the $3.00. obsolete and superfluous language in 425 most actively traded option classes Options 3, Section 3(a)(1) regarding The Penny Program would initially would be removed from the Penny amendments to the minimum apply to the 363 most actively traded Program. After the annual review, increments that may be established by multiply listed option classes, based on option classes that are removed from the the Board and designated as a stated National Cleared Volume at The Penny Program will be subject to the policy, practice or interpretation within Options Clearing Corporation (‘‘OCC’’) minimum trading increments set forth the meaning of the Act, and the process in the six full calendar months ending in Options 3, Section 3, effective on the for such amendments by rule filing.9 in the month of approval (i.e., first trading day of April. Today, the Exchange may determine to November 2019–April 2020) that establish a change to the minimum currently quote in penny increments, or Changes to the Composition of the increments within its Rules and must overlie securities priced below $200, or Penny Program Outside of the Annual submit proposed rule changes for such any index at an index level below $200. Review 10 Eligibility for inclusion in the Penny amendments to the Commission. In Newly Listed Option Classes and Program will be determined at the close Option Classes With Significant Growth 9 See Options 3, Section 3(a)(1), which of trading on the monthly Expiration in Activity specifically provides: ‘‘However, the Board of Friday of the second full month Directors may establish different minimum trading following April 1, 2020 (i.e., June 19, The Penny Program would specify a increments. The Exchange will designate any such change as a stated policy, practice or interpretation 2020). process and parameters for including with respect to the administration of this Rule, Once in the Penny Program, an option option classes in the Penny Program within the meaning of Section 19(b)(3)(A) of the class will remain included until it is no outside the annual review process in Exchange Act and will file a proposed rule change longer among the 425 most actively two circumstances. These provisions are with the Securities and Exchange Commission to be effective upon filing.’’ traded option classes at the time the designed to provide objective criteria to 10 Decisions to change the minimum increments annual review is conducted (described add to the Penny Program new option relate to Exchange trading and operations, and thus below), at which point it will be classes in issues with the most are made by Exchange management via delegated removed from the Penny Program. As demonstrated trading interest from authority from the Board, rather than the Board itself, which is generally not involved in described in more detail below, the market participants and investors on an determinations related to day-to-day operations of removed class will be replaced by the expedited basis prior to the annual the Exchange. next most actively traded multiply review, with the benefit that market

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39958 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

participants and investors will then be unadjusted series of the option class and a national market system, and, in able to trade these new option classes would remain in the Penny Program for general, to protect investors and the based upon quotes expressed in finer one full calendar year and then would public interest. trading increments. become subject to the annual review In particular, the proposed rule First, the Penny Program provides for process. change, which conforms the Exchange certain newly listed option classes to be rules to the recently adopted OLPP added to the Penny Program outside of Delisted or Ineligible Option Classes Program, allows the Exchange to the annual review process, provided Finally, the Penny Program would provide market participants with a that (i) the class is among the 300 most provide a mechanism to address option permanent Penny Program for quoting actively traded, multiply listed option classes that have been delisted or those options in penny increments, which classes, as ranked by National Cleared that are no longer eligible for listing. maximizes the benefit of quoting in a Volume at OCC, in its first full calendar Specifically, any series in an option finer quoting increment to investors month of trading; and (ii) the underlying class participating in the Penny Program while minimizing the burden that a security is priced below $200 or the in which the underlying has been finer quoting increment places on quote underlying index is at an index level delisted, or is identified by OCC as traffic. below $200. Such newly listed option ineligible for opening customer Accordingly, the Exchange believes classes added to the Penny Program transactions, would continue to quote that the proposal is consistent with the pursuant to this process would remain pursuant to the terms of the Penny Act because, in conforming the in the Penny Program for one full Program until all options series have Exchange rules to the OLPP Program, calendar year and then would be subject expired. the Penny Program would employ to the annual review process. processes, based upon objective criteria, Second, the Penny Program would Technical Changes that would rebalance the composition of allow an option class to be added to the The Exchange proposes to replace the Penny Program, thereby helping to Penny Program outside of the annual references to the Penny Pilot with ensure that the most actively traded review process if it is an option class references to the Penny Interval Program option classes are included in the Penny that meets certain specific criteria. in Options 3, Section 8(a)(viii) and in Program, which helps facilitate the Specifically, new option classes may be Options 8, Section 33(d)(2). The maintenance of a fair and orderly added to the Penny Program if: (i) the Exchange also proposes to replace the market. option class is among the 75 most obsolete reference to ‘‘Commentary’’ The Exchange notes that the proposed actively traded multiply listed option with ‘‘Supplementary Material to technical changes in Options 3, Section classes, as ranked by National Cleared Options 3, Section 3’’ in Options 3, 3, Options 3, Section 8(a)(viii), and Volume at OCC, in the prior six full Section 3. Further, the Exchange Options 8, Section 33(d)(2) would calendar months of trading and (ii) the proposes in Options 3, Section 3(a)(3) to provide clarity and transparency to the underlying security is priced below replace ‘‘minimum changes’’ with Exchange’s rules, would promote just $200 or the underlying index is at an ‘‘minimum trading increments’’ for and equitable principles of trade, and index level below $200. Any option greater consistency within the Rule. remove impediments to, and perfect the class added under this provision will be Lastly, the Exchange proposes to remove mechanism of, a free and open market added on the first trading day of the the stray punctuation at the end of the and a national market system. The second full month after it qualifies and Supplementary Material to Options 3, proposed rule changes would also will remain in the Penny Program for Section 3 header. provide internal consistency within the rest of the calendar year, after which The Exchange believes these technical Exchange rules and operate to protect it will be subject to the annual review changes would add clarity, investors and the investing public by process. transparency, and internal consistency making the Exchange’s rules easier to to the Exchange’s rules, making them navigate and comprehend. Corporate Actions easier for market participants to B. Self-Regulatory Organization’s The Penny Program would also navigate. Statement on Burden on Competition specify a process to address option classes in the Penny Program that Implementation The Exchange does not believe that undergo a corporate action and is The Exchange proposes to implement the proposed rule change will impose designed to ensure continuous liquidity the Penny Program on July 1, 2020, any burden on competition not in the affected option classes. which is the first trading day of the necessary or appropriate in furtherance Specifically, if a corporate action third month following the Approval of the purposes of the Act. The involves one or more option classes in Order issued on April 1, 2020—i.e., July proposed Penny Program, which the Penny Program, all adjusted and 1, 2020. modifies the Exchange’s rules to align unadjusted series of an option class them with the Commission approved would continue to be included in the 2. Statutory Basis OLPP Program, is not designed to be a Penny Program.11 Furthermore, neither The Exchange believes that its competitive filing nor does it impose an the trading volume threshold, nor the proposal is consistent with Section 6(b) undue burden on intermarket initial price test would apply to option of the Act,12 in general, and furthers the competition as the Exchange anticipates classes added to the Penny Program as objectives of Section 6(b)(5) of the Act,13 that the options exchanges will adopt a result of the corporate action. Finally, in particular, in that it is designed to substantially identical rules. Moreover, the newly added adjusted and prevent fraudulent and manipulative the Exchange believes that by acts and practices, to promote just and conforming Exchange rules to the OLPP 11 For example, if Company A acquires Company equitable principles of trade, to remove Program, the Exchange would promote B and Company A is not in the Penny Program but impediments to and perfect the regulatory clarity and consistency, Company B is in the Penny Program, once the mechanism of a free and open market thereby reducing burdens on the merger is consummated and an options contract adjustment is effective, then Company A would be marketplace and facilitating investor added to the Penny Program and remain in the 12 15 U.S.C. 78f(b). protection. To the extent that there is a Penny Program for one calendar year. 13 15 U.S.C. 78f(b)(5). competitive burden on those option

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39959

classes that do not qualify for the Penny rule change as operative on July 1, 10:00 a.m. and 3:00 p.m. Copies of the Program, the Exchange believes that it is 2020.16 filing also will be available for appropriate because the proposal should At any time within 60 days of the inspection and copying at the principal benefit all market participants and filing of the proposed rule change, the office of the Exchange. All comments investors by maximizing the benefit of Commission summarily may received will be posted without change. a finer quoting increment in those temporarily suspend such rule change if Persons submitting comments are option classes with the most trading it appears to the Commission that such cautioned that we do not redact or edit interest while minimizing the burden of action is necessary or appropriate in the personal identifying information from greater quote traffic in option classes public interest, for the protection of comment submissions. You should with less trading interest. The Exchange investors, or otherwise in furtherance of submit only information that you wish the purposes of the Act. If the believes that adopting rules, which it to make available publicly. All Commission takes such action, the anticipates will likewise be adopted by submissions should refer to File all option exchanges that are Commission shall institute proceedings to determine whether the proposed rule Number SR–Phlx–2020–32 and should participants in the OLPP, would allow should be approved or disapproved. be submitted on or before July 23, 2020. for continued competition between For the Commission, by the Division of Exchange market participants trading IV. Solicitation of Comments Trading and Markets, pursuant to delegated similar products as their counterparts Interested persons are invited to authority.17 on other exchanges, while at the same submit written data, views, and J. Matthew DeLesDernier, time allowing the Exchange to continue arguments concerning the foregoing, to compete for order flow with other including whether the proposed rule Assistant Secretary. exchanges. change is consistent with the Act. [FR Doc. 2020–14235 Filed 7–1–20; 8:45 am] BILLING CODE 8011–01–P C. Self-Regulatory Organization’s Comments may be submitted by any of Statement on Comments on the the following methods: Proposed Rule Change Received From Electronic Comments SECURITIES AND EXCHANGE Members, Participants, or Others • Use the Commission’s internet COMMISSION No written comments were either comment form (http://www.sec.gov/ rules/sro.shtml); or [Release No. 34–89165; File No. SR–IEX– solicited or received. • Send an email to rule-comments@ 2019–15] III. Date of Effectiveness of the sec.gov. Please include File Number SR– Proposed Rule Change and Timing for Phlx–2020–32 on the subject line Self-Regulatory Organizations; Commission Action Paper Comments Investors Exchange LLC; Notice of • Designation of Longer Period for Because the foregoing proposed rule Send paper comments in triplicate Commission Action on Proceedings To to Secretary, Securities and Exchange change does not: (i) Significantly affect Determine Whether To Approve or the protection of investors or the public Commission, 100 F Street NE, Disapprove a Proposed Rule Change interest; (ii) impose any significant Washington, DC 20549–1090. To Add a New Discretionary Limit burden on competition; and (iii) become All submissions should refer to File Order Type Called D-Limit operative for 30 days after the date of Number SR–Phlx–2020–32. This file the filing, or such shorter time as the number should be included on the June 26, 2020. Commission may designate, it has subject line if email is used. To help the become effective pursuant to Section Commission process and review your On December 16, 2019, the Investors 19(b)(3)(A) of the Act 14 and Rule 19b– comments more efficiently, please use Exchange LLC (‘‘IEX’’ or the 4(f)(6) 15 thereunder. The Exchange has only one method. The Commission will ‘‘Exchange’’) filed with the Securities proposed to implement the Penny post all comments on the Commission’s and Exchange Commission Program on July 1, 2020 and has asked internet website (http://www.sec.gov/ (‘‘Commission’’), pursuant to Section the Commission to waive the 30-day rules/sro.shtml). 19(b)(1) of the Securities Exchange Act operative delay for this filing. Copies of the submission, all of 1934 (‘‘Exchange Act’’) 1 and Rule subsequent amendments, all written 19b–44 thereunder,2 a proposed rule The Commission believes that statements with respect to the proposed change to adopt a new order type, the waiving the 30-day operative delay is rule change that are filed with the Discretionary Limit order (‘‘D-Limit’’). consistent with the protection of Commission, and all written The proposed rule change was investors and the public interest communications relating to the published for comment in the Federal because it will allow the Exchange to proposed rule change between the Register on December 30, 2019.3 On modify its rules to conform to the OLPP Commission and any person, other than February 12, 2020, the Commission Program and implement the Penny those that may be withheld from the Program on July 1, 2020, consistent with designated a longer period within which public in accordance with the the Commission’s approval of the OLPP to approve the proposed rule change, provisions of 5 U.S.C. 552, will be Amendment. Accordingly, the disapprove the proposed rule change, or available for website viewing and Commission designates the proposed institute proceedings to determine printing in the Commission’s Public whether to disapprove the proposed Reference Room, 100 F Street NE, 14 15 U.S.C. 78s(b)(3)(A). Washington, DC 20549, on official 17 17 CFR 200.30–3(a)(12). 15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 1 4(f)(6) requires a self-regulatory organization to give business days between the hours of 15 U.S.C. 78s(b)(1). the Commission written notice of its intent to file 2 17 CFR 240.19b–44. the proposed rule change at least five business days 16 For purposes only of waiving the operative 3 See Securities Exchange Act Release No. 87814 prior to the date of filing of the proposed rule delay for this proposal, the Commission has (December 20, 2019), 84 FR 71997 (December 30, change, or such shorter time as designated by the considered the proposed rule’s impact on 2019) (‘‘Notice’’). Comments on the proposed rule Commission. The Exchange has satisfied this efficiency, competition, and capital formation. See change can be found at https://www.sec.gov/ requirement. 15 U.S.C. 78c(f). comments/sr-iex-2019-15/sriex201915.htm.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39960 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

rule change.4 On March 27, 2020, the SECURITIES EXCHANGE ACT OF 1934 persons seeking to avail themselves of Commission instituted proceedings to this relief must satisfy the conditions determine whether to approve or [Release No. 34–89170] below. 5 disapprove the proposed rule change. Order Under Section 17a and Section Conditions 6 Section 19(b)(2) of the Act provides 36 of The Securities Exchange Act of (a) A registrant or other person relying that, after initiating proceedings, the 1934 Extending Temporary on the Order must provide written Commission shall issue an order Exemptions From Specified Provisions notification to the Commission within approving or disapproving the proposed of The Exchange Act and Certain Rules two weeks of relying on the Order of the rule change not later than 180 days after Thereunder following: 3 the date of publication of notice of filing June 26, 2020. (1) The registrant or other person is relying of the proposed rule change. The On March 20, 2020, the Securities and on the Order; Commission may extend the period for Exchange Commission (‘‘Commission’’) (2) A description of the specific Exempted issuing an order approving or Provisions, as defined in the Order, the issued an order pursuant to its authority registrant or other person is unable to comply disapproving the proposed rule change, under Sections 36 and 17A(c)(1) of the however, by not more than 60 days if with and a statement of the reasons why, in Exchange Act that granted transfer good faith, the registrant or other person is the Commission determines that a agents (and other persons with regard to unable to comply with such Exempted longer period is appropriate and Exchange Act section 17(f)(2) and Rule Provisions; and publishes the reasons for such 17f–2 thereunder) the following (3) If a transfer agent knows or believes that determination. The proposed rule temporary exemptions: (1) Transfer it has been unable to maintain the books and change was published for notice and records it is required to maintain pursuant to agents from the requirements of Section 17A and the rules thereunder, a comment in the Federal Register on Sections 17A and 17(f)(1) of the complete and accurate description of the type 7 December 30, 2019. June 27, 2020 is Exchange Act, as well as Rules 17Ad– of books and records that were not 180 days from that date, and August 26, 1 through 17Ad–11, 17Ad–13 through maintained, the names of the issuers for 2020 is 240 days from that date. 17Ad–20, and 17f–1 thereunder; and (2) whom such books and records were not maintained, the extent of the failure to The Commission finds it appropriate transfer agents and other persons subject to such requirements, from the maintain such books and records, and the to designate a longer period within steps taken to ameliorate any such failure to which to issue an order approving or requirements of Section 17(f)(2) of the maintain such books and records. disapproving the proposed rule change Exchange Act and Rule 17f–2 thereunder (collectively, the (b) As noted in the Order, the so that it has sufficient time to consider ‘‘Exemptions’’).1 The Exemptions were Exempted Provisions do not include, the proposed rule change, the issues granted in light of the challenges that and neither the Order, the First raised in the comment letters that have may be presented by COVID–19 and Extension order, nor this extension of been submitted in connection therewith, originally were scheduled to expire on the Order provides relief from, Rule and the Exchange’s response to May 30, 2020. On May 27, 2020, the 17Ad–12 under the Exchange Act. comments. Accordingly, the Commission issued an order extending Transfer agents affected by COVID–19 Commission, pursuant to Section the Exemptions until June 30, 2020.2 that have custody or possession of any 19(b)(2) of the Act,8 designates August The Commission understands that security holder or issuer funds or 26, 2020 as the date by which the COVID–19 may continue to present securities shall continue to comply with Commission should either approve or challenges for transfer agents and other the requirements of Rule 17Ad–12 disapprove the proposed rule change persons in timely meeting certain of under the Exchange Act. If a transfer (File No. SR–IEX–2019–15). their obligations under the federal agent’s operations, facilities, or systems are significantly affected as a result of For the Commission, by the Division of securities laws. For this reason and the reasons stated in the Order originally COVID–19 such that the transfer agent Trading and Markets, pursuant to delegated believes its compliance with Rule authority.9 granting the Exemptions, the Commission finds that extending the 17Ad–12 could be negatively affected, J. Matthew DeLesDernier, Exemptions pursuant to its authority to the extent possible, all security Assistant Secretary. under Sections 36 and 17A(c)(1) of the holder or issuer funds that remain in the [FR Doc. 2020–14232 Filed 7–1–20; 8:45 am] Exchange Act, is appropriate in the custody of the transfer agent should be maintained in a separate bank account BILLING CODE 8011–01–P public interest and consistent with the held for the exclusive benefit of security protection of investors. holders until such funds are properly Accordingly, it is ordered, pursuant to processed, transferred, or remitted. Sections 17A and 36 of the Exchange The notification required under (a) Act, that the time period for the above shall be emailed to: Exemptions specified in the Order is [email protected]. hereby extended to the date to be The Commission encourages specified in a public notice from registered transfer agents and the issuers 4 See Securities Exchange Act Release No. 88186 Commission staff specifying the date on (February 12, 2020), 85 FR 9513 (February 19, for whom they act to inform affected which the Exemptions will terminate. security holders whom they should 2020). Such date shall be at least two weeks 5 contact concerning their accounts, their See Securities Exchange Act Release No. 88501 from the date of the Commission staff (March 27, 2020), 85 FR 18612 (April 2, 2020). access to funds or securities, and other Comments in response to the proceedings can be public notice. Transfer agents and other found at https://www.sec.gov/comments/sr-iex- 3 A registrant or other person who is relying on 2019-15/sriex201915.htm. 1 See Securities Exchange Act Release No. 34– the Order or the First Extension Order and has 88488 (March 20, 2020), 85 FR 17122 (March 26, 6 15 U.S.C. 78s(b)(2). already provided a written notification to the 2020) (‘‘Order’’). Commission may rely on this extension without 7 See Notice, supra note 3. 2 See Securities Exchange Act Release No. 34– submitting another written notification solely with 8 15 U.S.C. 78s(b)(2). 88960 (May 27, 2020), 85 FR 33234 (June 1, 2020) respect to the Exempted Provisions described in 9 17 CFR 200.30–3(a)(57). (‘‘First Extension Order’’). such prior written notification.

VerDate Sep<11>2014 22:39 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39961

shareholder concerns. If feasible, issuers I. Self-Regulatory Organization’s over the last 13 years.6 In each instance, and their transfer agents should place a Statement of the Terms of Substance of these approvals relied upon the notice on their websites or provide toll the Proposed Rule Change consideration of data periodically provided by the Exchanges that free numbers to respond to inquiries. The Exchange proposes to amend analyzed how quoting options in penny The Commission is closely Options 3, Section 3 to conform the rule increments affects spreads, liquidity, monitoring the impact of COVID–19 on to Section 3.1 of the Plan for the quote traffic, and volume. Today, the investors, the securities markets, and Purpose of Developing and Penny Pilot includes 363 option classes, market participants and may modify the Implementing Procedures Designed to which are among the most actively relief provided by the Order, with any Facilitate the Listing and Trading of traded, multiply listed option classes. Standardized Options (the ‘‘OLPP’’). additional conditions the Commission The Penny Pilot is scheduled to expire The text of the proposed rule change deems appropriate, if the need for such by its own terms on June 30, 2020.7 modification arises. Transfer agents and is available on the Exchange’s website at In light of the imminent expiration of other persons who are unable to meet a http://nasdaqgemx.cchwallstreet.com/, the Penny Pilot on June 30, 2020, the deadline as extended by this relief, or in at the principal office of the Exchange, Exchange, together with other need of additional assistance, should and at the Commission’s Public Reference Room. participating exchanges, filed, on July contact the Division of Trading and 18, 2019 a proposal to amend the Markets at (202) 551–5777 or II. Self-Regulatory Organization’s OLPP.8 On April 1, 2020 the [email protected]. Statement of the Purpose of, and Commission approved the amendment By the Commission. Statutory Basis for, the Proposed Rule to the OLPP to make permanent the Eduardo A. Aleman, Change Pilot Program (the ‘‘OLPP Program’’).9 Deputy Secretary. In its filing with the Commission, the The OLPP Program replaces the [FR Doc. 2020–14246 Filed 7–1–20; 8:45 am] Exchange included statements Penny Pilot by instituting a permanent program that would permit quoting in BILLING CODE 8011–01–P concerning the purpose of and basis for the proposed rule change and discussed penny increments for certain option any comments it received on the classes. Under the terms of the OLPP SECURITIES AND EXCHANGE proposed rule change. The text of these Program, designated option classes COMMISSION statements may be examined at the would continue to be quoted in $0.01 places specified in Item IV below. The and $0.05 increments according to the Exchange has prepared summaries, set same parameters for the Penny Pilot. In [Release No. 34–89162; File No. SR–GEMX– addition, the OLPP Program would: (i) 2020–16] forth in sections A, B, and C below, of the most significant aspects of such establish an annual review process to add option classes to, or to remove Self-Regulatory Organizations; Nasdaq statements. option classes from, the OLPP Program; GEMX, LLC; Notice of Filing and A. Self-Regulatory Organization’s (ii) to allow an option class to be added Immediate Effectiveness of Proposed Statement of the Purpose of, and to the OLPP Program if it is a newly Rule Change To Amend Options 3, Statutory Basis for, the Proposed Rule listed option class and it meets certain Section 3 to Conform the Rule to Change criteria; (iii) to allow an option class to Section 3.1 of the Plan for the Purpose 1. Purpose be added to the OLPP Program if it is of Developing and Implementing an option class that has seen a Procedures Designed To Facilitate the The purpose of this rule change is to significant growth in activity; (iv) to Listing and Trading of Standardized amend Options 3, Section 3 (Minimum provide that if a corporate action Options Trading Increments) to align the rule involves one or more option classes in with the recently approved amendment the OLPP Program, all adjusted and June 26, 2020 to the OLPP. unadjusted series and classes emerging Pursuant to Section 19(b)(1) of the Background as a result of the corporate action will Securities Exchange Act of 1934 (the be included in the OLPP Program; and ‘‘Act’’),1 and Rule 19b–4 thereunder,2 On January 23, 2007, the Commission (v) to provide that any series in an notice is hereby given that on June 23, approved on a limited basis a Penny option class participating in the OLPP 2020, Nasdaq GEMX, LLC (the Pilot in option classes in certain issues Program that have been delisted, or are ‘‘Exchange’’) filed with the Securities (‘‘Penny Pilot’’). The Penny Pilot was identified by OCC as ineligible for and Exchange Commission (the designed to determine whether opening Customer transactions, will ‘‘Commission’’) the proposed rule investors would benefit from options change as described in Items I and II being quoted in penny increments, and 6 The Penny Pilot was established on the below, which Items have been prepared in which classes the benefits were most Exchange in July 2013 as part of the Exchange’s by the Exchange. The Exchange filed the significant. The Penny Pilot was Form 1 application for registration as a national securities exchange, and was last extended in proposal as a ‘‘non-controversial’’ initiated at the then existing option exchanges in January 2007 5 and was December 2019. See Securities Exchange Act proposed rule change pursuant to Release Nos. 70050 (July 26, 2013), 78 FR 46622 Section 19(b)(3)(A)(iii) of the Act 3 and expanded and extended numerous times (August 1, 2013) (File No. 10–209); and 87753 Rule 19b–4(f)(6) thereunder.4 The (December 16, 2019), 84 FR 70243 (December 20, 5 See Securities Exchange Act Release Nos. 55154 2019) (SR–GEMX–2019–19). Commission is publishing this notice to 7 (January 23, 2007), 72 FR 4743 (February 1, 2007) See Securities Exchange Act Release No. 87753 solicit comments on the proposed rule (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 (December 16, 2019), 84 FR 70243 (December 20, change from interested persons. FR 4754 (February 1, 2007) (SR–ISE–2006–62); 2019) (SR–GEMX–2019–19). 54886 (December 6, 2006), 71 FR 74979 (December 8 See Securities Exchange Act Release No. 87681 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, (December 9, 2019), 84 FR 68960 (December 17, 1 15 U.S.C. 78s(b)(1). 2006), 71 FR 61525 (October 18, 2006) (SR– 2019) (‘‘Notice’’). 2 17 CFR 240.19b–4. NYSEArca–2006–73); and 54741 (November 9, 9 See Securities Exchange Act Release No. 88532 3 15 U.S.C. 78s(b)(3)(A)(iii). 2006), 71 FR 67176 (November 20, 2006) (SR- (April 1, 2020), 85 FR 19545 (April 7, 2020) (File 4 17 CFR 240.19b–4(f)(6). Amex–2006–106). No. 4–443) (‘‘Approval Order’’).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39962 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

continue to trade pursuant to the OLPP for such amendments by rule filing.12 traded option classes at the time the Program until they expire. Today, the Exchange may determine to annual review is conducted (described To conform its Rules to the OLPP establish a change to the minimum below), at which point it will be Program, the Exchange proposes to increments within its Rules and must removed from the Penny Program. As delete the current rule text in submit proposed rule changes for such described in more detail below, the Supplementary Material.01 to Options amendments to the Commission.13 removed class will be replaced by the 3, Section 3 (the ‘‘Penny Pilot Rule’’), Accordingly, Options 3, Section 3(a), as next most actively traded multiply and replace it with the requirements for amended, will simply provide that the listed option class overlying securities the proposed Penny Interval Program following minimum quoting increments priced below $200 per share, or any from the OLPP Program, which is (as enumerated within Options 3, index at an index level below $200, and described below, and to replace Section 3(a)) shall apply to options not yet in the Penny Program. Advanced references to the ‘‘Penny Pilot’’ in contracts traded on the Exchange. notice regarding the option classes several Exchange rules with ‘‘Penny Penny Interval Program included, added, or removed from the Interval Program.’’ Penny Program will be provided to the The Exchange also proposes to amend The Exchange proposes to codify the Exchange’s membership via Options Options 3, Section 3 to adopt new OLPP Program in Supplementary Trader Alert and published by the subparagraphs (a)(3)(A)–(C) to conform Material .01 to Options 3, Section Exchange on its website. the Exchange’s rules regarding the (Requirements for Penny Interval minimum price variations for options in Program) (the ‘‘Penny Program’’), which Annual Review the proposed Penny Interval Program will replace the Penny Pilot Rule and The Penny Program would include an with similar rules of other options permanently permit the Exchange to annual review process that applies exchanges.10 Specifically, the Exchange quote certain option classes in objective criteria to determine option proposes to provide in new minimum increments of one cents classes to be added to, or removed from, subparagraphs (a)(3)(A)–(C) that for ($0.01) and five cents ($0.05) (‘‘penny the Penny Program. Specifically, on an options series traded pursuant to the increments’’), as set forth in proposed annual basis beginning in December proposed Penny Interval Program as subparagraphs (a)(3)(A)–(C) of Options 2020 and occurring every December described in Supplementary Material 3, Section 3. The penny increments that thereafter, the Exchange will review and 14 .01 to Options 3, Section 3, the currently apply under the Penny Pilot rank all multiply listed option classes following minimum quoting increments will continue to apply for options based on National Cleared Volume at will apply: (A) One cent ($0.01) for all classes included in the Penny OCC for the six full calendar months 15 options contracts in QQQ, SPY, and Program. from June 1st through November 30th IWM; (B) one cent ($0.01) for all other The Penny Program would initially for determination of the most actively apply to the 363 most actively traded options contracts included in the Penny traded option classes. Any option multiply listed option classes, based on Interval Program that are trading at less classes not yet in the Penny Program National Cleared Volume at The than $3.00; and (C) five cents ($0.05) for may be added to the Penny Program if Options Clearing Corporation (‘‘OCC’’) all other options contracts included in the class is among the 300 most actively in the six full calendar months ending the Penny Interval Program that are traded multiply listed option classes in the month of approval (i.e., trading at or above $3.00. The Exchange and priced below $200 per share or any November 2019–April 2020) that notes that the Commission previously index at an index level below $200. currently quote in penny increments, or approved minimum quoting increments Following the annual review, option overlie securities priced below $200, or of one cent ($0.01) for all options classes to be added to the Penny contracts in QQQ, IWM, and SPY, any index at an index level below $200. Eligibility for inclusion in the Penny Program would begin quoting in penny regardless of price, over the course of increments (i.e., $0.01 if trading at less the expansion of the Penny Pilot rules.11 Program will be determined at the close of trading on the monthly Expiration than $3; and $0.05 if trading at $3 and Accordingly, the Exchange proposes to above) on the first trading day of align its rules regarding minimum price Friday of the second full month following April 1, 2020 (i.e., June 19, January. In addition, following the variations for options contracts in the annual review, any option class in the Penny Interval Program with other 2020). Once in the Penny Program, an option Penny Program that falls outside of the options exchanges. 425 most actively traded option classes The Exchange also proposes to delete class will remain included until it is no longer among the 425 most actively would be removed from the Penny obsolete and superfluous language in Program. After the annual review, Options 3, Section 3(a) regarding 12 See Options 3, Section 3(a), which specifically option classes that are removed from the amendments to the minimum provides: ‘‘The Board may establish minimum Penny Program will be subject to the increments that may be established by trading increments for options traded on the minimum trading increments set forth the Board and designated as a stated Exchange. Such changes by the Board will be in Options 3, Section 3, effective on the policy, practice or interpretation within designated as a stated policy, practice, or interpretation with respect to the administration of first trading day of April. the meaning of the Act, and the process this Rule within the meaning of paragraph (3)(A) of Section 19(b) of the Exchange Act and will be filed Changes to the Composition of the 10 See e.g., NYSE Arca Rule 6.72–O; and Nasdaq with the SEC as a rule change for effectiveness upon Penny Program Outside of the Annual Options Market Supplementary Material .01 to filing.’’ Review Options 3, Section 3. 13 Decisions to change the minimum increments 11 See Securities Exchange Act Release Nos. relate to Exchange trading and operations, and thus Newly Listed Option Classes and 55156 (January 23, 2007), 72 FR 4759 (February 1, are made by Exchange management via delegated Option Classes With Significant Growth 2007) (SR–NYSEArca–2006–73) (Order Granting authority from the Board, rather than the Board in Activity Approval to Proposed rule Change as Modified by itself, which is generally not involved in Amendment No. 1 Thereto, To Create an Options determinations related to day-to-day operations of The Penny Program would specify a Penny Pilot Program); 61061 (November 24, 2009), the Exchange. process and parameters for including 74 FR 62857 (December 1, 2009) (SRNYSEArca– 14 See supra notes 10 and 11, with accompanying 2009–44) (Order Granting Partial Approval of a text. option classes in the Penny Program Proposed Rule Change, as Modified by Amendment 15 See proposed subparagraphs (a)(3)(A)–(C) of outside the annual review process in No. 4 Thereto, Expanding the Penny Pilot Program). Options 3, Section 3. two circumstances. These provisions are

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39963

designed to provide objective criteria to the trading volume threshold, nor the Program, allows the Exchange to add to the Penny Program new option initial price test would apply to option provide market participants with a classes in issues with the most classes added to the Penny Program as permanent Penny Program for quoting demonstrated trading interest from a result of the corporate action. Finally, options in penny increments, which market participants and investors on an the newly added adjusted and maximizes the benefit of quoting in a expedited basis prior to the annual unadjusted series of the option class finer quoting increment to investors review, with the benefit that market would remain in the Penny Program for while minimizing the burden that a participants and investors will then be one full calendar year and then would finer quoting increment places on quote able to trade these new option classes become subject to the annual review traffic. based upon quotes expressed in finer process. Accordingly, the Exchange believes that the proposal is consistent with the trading increments. Delisted or Ineligible Option Classes First, the Penny Program provides for Act because, in conforming the certain newly listed option classes to be Finally, the Penny Program would Exchange rules to the OLPP Program, added to the Penny Program outside of provide a mechanism to address option the Penny Program would employ the annual review process, provided classes that have been delisted or those processes, based upon objective criteria, that (i) the class is among the 300 most that are no longer eligible for listing. that would rebalance the composition of actively traded, multiply listed option Specifically, any series in an option the Penny Program, thereby helping to classes, as ranked by National Cleared class participating in the Penny Program ensure that the most actively traded Volume at OCC, in its first full calendar in which the underlying has been option classes are included in the Penny month of trading; and (ii) the underlying delisted, or is identified by OCC as Program, which helps facilitate the security is priced below $200 or the ineligible for opening customer maintenance of a fair and orderly underlying index is at an index level transactions, would continue to quote market. below $200. Such newly listed option pursuant to the terms of the Penny The Exchange notes that the proposed classes added to the Penny Program Program until all options series have changes to Options 3, Section 8(a)(7) pursuant to this process would remain expired. and Options 3, Section 15(a)(2)(A)(iv) to replace references to the Penny Pilot in the Penny Program for one full Technical Changes with references to the Penny Interval calendar year and then would be subject The Exchange proposes to replace to the annual review process. Program would provide clarity and references to the Penny Pilot with transparency to the Exchange’s rules, Second, the Penny Program would references to the Penny Interval Program allow an option class to be added to the would promote just and equitable in Options 3, Section 8(a)(7) and in principles of trade, and remove Penny Program outside of the annual Options 3, Section 15(a)(2)(A)(iv). The review process if it is an option class impediments to, and perfect the Exchange believes these technical mechanism of, a free and open market that meets certain specific criteria. changes would add clarity, and a national market system. The Specifically, new option classes may be transparency, and internal consistency proposed rule changes would also added to the Penny Program if: (i) the to the Exchange’s rules, making them provide internal consistency within option class is among the 75 most easier for market participants to Exchange rules and operate to protect actively traded multiply listed option navigate. investors and the investing public by classes, as ranked by National Cleared making the Exchange’s rules easier to Volume at OCC, in the prior six full Implementation navigate and comprehend. calendar months of trading and (ii) the The Exchange proposes to implement underlying security is priced below the Penny Program on July 1, 2020, B. Self-Regulatory Organization’s $200 or the underlying index is at an which is the first trading day of the Statement on Burden on Competition index level below $200. Any option third month following the Approval The Exchange does not believe that class added under this provision will be Order issued on April 1, 2020—i.e., July the proposed rule change will impose added on the first trading day of the 1, 2020. any burden on competition not second full month after it qualifies and 2. Statutory Basis necessary or appropriate in furtherance will remain in the Penny Program for of the purposes of the Act. The the rest of the calendar year, after which The Exchange believes that its proposed Penny Program, which it will be subject to the annual review proposal is consistent with Section 6(b) modifies the Exchange’s rules to align process. of the Act,17 in general, and furthers the them with the Commission approved objectives of Section 6(b)(5) of the Act,18 Corporate Actions OLPP Program, is not designed to be a in particular, in that it is designed to competitive filing nor does it impose an The Penny Program would also prevent fraudulent and manipulative undue burden on intermarket specify a process to address option acts and practices, to promote just and competition as the Exchange anticipates classes in the Penny Program that equitable principles of trade, to remove that the options exchanges will adopt undergo a corporate action and is impediments to and perfect the substantially identical rules. Moreover, designed to ensure continuous liquidity mechanism of a free and open market the Exchange believes that by in the affected option classes. and a national market system, and, in conforming Exchange rules to the OLPP Specifically, if a corporate action general, to protect investors and the Program, the Exchange would promote involves one or more option classes in public interest. regulatory clarity and consistency, the Penny Program, all adjusted and In particular, the proposed rule thereby reducing burdens on the unadjusted series of an option class change, which conforms the Exchange marketplace and facilitating investor would continue to be included in the rules to the recently adopted OLPP protection. To the extent that there is a 16 Penny Program. Furthermore, neither competitive burden on those option adjustment is effective, then Company A would be classes that do not qualify for the Penny 16 For example, if Company A acquires Company added to the Penny Program and remain in the B and Company A is not in the Penny Program but Penny Program for one calendar year. Program, the Exchange believes that it is Company B is in the Penny Program, once the 17 15 U.S.C. 78f(b). appropriate because the proposal should merger is consummated and an options contract 18 15 U.S.C. 78f(b)(5). benefit all market participants and

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39964 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

investors by maximizing the benefit of At any time within 60 days of the personal identifying information from a finer quoting increment in those filing of the proposed rule change, the comment submissions. You should option classes with the most trading Commission summarily may submit only information that you wish interest while minimizing the burden of temporarily suspend such rule change if to make available publicly. All greater quote traffic in option classes it appears to the Commission that such submissions should refer to File with less trading interest. The Exchange action is necessary or appropriate in the Number SR–GEMX–2020–16 and believes that adopting rules, which it public interest, for the protection of should be submitted on or before July anticipates will likewise be adopted by investors, or otherwise in furtherance of 23, 2020 . all option exchanges that are the purposes of the Act. If the For the Commission, by the Division of participants in the OLPP, would allow Commission takes such action, the Trading and Markets, pursuant to delegated for continued competition between Commission shall institute proceedings authority.22 Exchange market participants trading to determine whether the proposed rule J. Matthew DeLesDernier, similar products as their counterparts should be approved or disapproved. Assistant Secretary. on other exchanges, while at the same IV. Solicitation of Comments [FR Doc. 2020–14229 Filed 7–1–20; 8:45 am] time allowing the Exchange to continue BILLING CODE 8011–01–P to compete for order flow with other Interested persons are invited to exchanges. submit written data, views, and arguments concerning the foregoing, SECURITIES AND EXCHANGE C. Self-Regulatory Organization’s including whether the proposed rule COMMISSION Statement on Comments on the change is consistent with the Act. Proposed Rule Change Received From Comments may be submitted by any of [Release No. 34–89164; File No. SR–Phlx– Members, Participants, or Others the following methods: 2020–31] No written comments were either Electronic Comments Self-Regulatory Organizations; Nasdaq solicited or received. • Use the Commission’s internet PHLX LLC; Notice of Filing and III. Date of Effectiveness of the comment form (http://www.sec.gov/ Immediate Effectiveness of Proposed Proposed Rule Change and Timing for rules/sro.shtml); or Rule Change To Modify the Commission Action • Send an email to rule-comments@ Implementation Date of the Proposed Rule Change To Amend Exchange Because the foregoing proposed rule sec.gov. Please include File Number SR– Rules 3301A and 3301B change does not: (i) Significantly affect GEMX–2020–16 on the subject line the protection of investors or the public Paper Comments June 26, 2020. interest; (ii) impose any significant • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the burden on competition; and (iii) become to Secretary, Securities and Exchange Securities Exchange Act of 1934 operative for 30 days after the date of 1 2 Commission, 100 F Street, NE, (‘‘Act’’), and Rule 19b–4 thereunder, the filing, or such shorter time as the Washington, DC 20549–1090. notice is hereby given that on June 17, Commission may designate, it has All submissions should refer to File 2020, Nasdaq PHLX LLC (‘‘Phlx’’ or become effective pursuant to Section ‘‘Exchange’’) filed with the Securities 19(b)(3)(A) of the Act 19 and Rule 19b- Number SR–GEMX–2020–16. This file number should be included on the and Exchange Commission 4(f)(6) 20 thereunder. The Exchange has (‘‘Commission’’) the proposed rule proposed to implement the Penny subject line if email is used. To help the Commission process and review your change as described in Items I and II Program on July 1, 2020 and has asked below, which Items have been prepared the Commission to waive the 30-day comments more efficiently, please use only one method. The Commission will by the Exchange. The Commission is operative delay for this filing. publishing this notice to solicit The Commission believes that post all comments on the Commission’s internet website (http://www.sec.gov/ comments on the proposed rule change waiving the 30-day operative delay is from interested persons. consistent with the protection of rules/sro.shtml). Copies of the submission, all investors and the public interest I. Self-Regulatory Organization’s subsequent amendments, all written because it will allow the Exchange to Statement of the Terms of Substance of statements with respect to the proposed modify its rules to conform to the OLPP the Proposed Rule Change rule change that are filed with the Program and implement the Penny The Exchange proposes to modify the Commission, and all written Program on July 1, 2020, consistent with operative date of SR–Phlx–2020–15, communications relating to the the Commission’s approval of the OLPP which proposed to amend Exchange proposed rule change between the Amendment. Accordingly, the Rules 3301A and 3301B. Commission and any person, other than Commission designates the proposed those that may be withheld from the II. Self-Regulatory Organization’s rule change as operative on July 1, public in accordance with the Statement of the Purpose of, and 2020.21 provisions of 5 U.S.C. 552, will be Statutory Basis for, the Proposed Rule Change 19 15 U.S.C. 78s(b)(3)(A). available for website viewing and 20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b- printing in the Commission’s Public In its filing with the Commission, the 4(f)(6) requires a self-regulatory organization to give Reference Room, 100 F Street, NE, Exchange included statements the Commission written notice of its intent to file Washington, DC 20549, on official concerning the purpose of and basis for the proposed rule change at least five business days business days between the hours of prior to the date of filing of the proposed rule the proposed rule change and discussed change, or such shorter time as designated by the 10:00 a.m. and 3:00 p.m. Copies of the any comments it received on the Commission. The Exchange has satisfied this filing also will be available for proposed rule change. The text of these requirement. inspection and copying at the principal statements may be examined at the 21 For purposes only of waiving the operative office of the Exchange. All comments delay for this proposal, the Commission has considered the proposed rule’s impact on received will be posted without change. 22 17 CFR 200.30–3(a)(12). efficiency, competition, and capital formation. See Persons submitting comments are 1 15 U.S.C. 78s(b)(1). 15 U.S.C. 78c(f). cautioned that we do not redact or edit 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39965

places specified in Item IV below. The in particular, in that it is designed to Act 9 normally does not become Exchange has prepared summaries, set promote just and equitable principles of operative for 30 days after the date of its forth in sections A, B, and C below, of trade, to remove impediments to and filing. However, Rule 19b–4(f)(6)(iii) 10 the most significant aspects of such perfect the mechanism of a free and permits the Commission to designate a statements. open market and a national market shorter time if such action is consistent system, and, in general to protect A. Self-Regulatory Organization’s with the protection of investors and the investors and the public interest by Statement of the Purpose of, and public interest. The Exchange has providing the Exchange additional time Statutory Basis for, the Proposed Rule requested that the Commission waive to implement SR–Phlx–2020–15. As Change the 30-day operative delay. The discussed above, the proposed delay is Exchange states that the proposed 1. Purpose in recognition of both the recent market implementation delay is in recognition On March 26, 2020, the Exchange volatility and upcoming annual Russell of both the recent market volatility and filed with the Commission a rule change Rebalance in June 2020. The Exchange upcoming annual Russell Rebalance in to amend Exchange Rule 3301A and believes that the extension would June 2020, and would allow the Rule 3301B to modify the behavior of therefore allow the Exchange to mitigate Exchange to mitigate any potential risks Order Types and Order Attributes in any potential risks to the market and the to the market and the operation of its certain situations.3 The proposed rule operation of its systems by limiting the systems by limiting the implementation change indicated that the implementation of new functionality of new functionality until after the implementation date of the until after the Russell Rebalance, which, Russell Rebalance. According to the modifications would be on or before the in turn, protects investors and the Exchange, waiver of the operative delay end of the Second Quarter of 2020.4 The public interest. would allow the Exchange to provide Exchange proposes to modify the B. Self-Regulatory Organization’s prior notice of the implementation delay operative date and delay the Statement on Burden on Competition by July 1, 2020. The Commission implementation of the modifications believes that waiver of the 30-day The Exchange does not believe that operative delay is consistent with the until on or before the end of the Third the proposed rule change will impose Quarter of 2020. The Exchange will protection of investors and the public any burden on competition not interest. Therefore, the Commission announce the new implementation date necessary or appropriate in furtherance by an Equity Trader Alert, which shall hereby waives the 30-day operative of the purposes of the Act. The delay and designates the proposed rule be issued prior to the implementation Exchange’s proposal to delay the change operative upon filing.11 date. implementation of SR–Phlx–2020–15 Due to the recent market volatility does not impose an undue burden on At any time within 60 days of the resulting from the novel coronavirus competition. Delaying the filing of the proposed rule change, the pandemic, the Exchange has been implementation will simply allow the Commission summarily may adjusting its systems testing schedule Exchange additional time to properly temporarily suspend such rule change if and assessing any risks to the operation plan and implement SR–Phlx–2020–15. it appears to the Commission that such of its systems that could potentially be action is necessary or appropriate in the introduced by implementing new C. Self-Regulatory Organization’s public interest, for the protection of functionalities during this time. The Statement on Comments on the investors, or otherwise in furtherance of extension would therefore provide the Proposed Rule Change Received From the purposes of the Act. If the Exchange with flexibility and additional Members, Participants, or Others Commission takes such action, the time to adjust its systems testing No written comments were either Commission shall institute proceedings schedule, and to develop and test the solicited or received. to determine whether the proposed rule new functionalities, to safeguard against change should be approved or any such risk. Furthermore, the III. Date of Effectiveness of the disapproved. Proposed Rule Change and Timing for extension would allow the Exchange to IV. Solicitation of Comments implement the Order Type and Order Commission Action Attribute modifications after the Russell Because the foregoing proposed rule Interested persons are invited to Rebalance, a significant market event change does not: (i) Significantly affect submit written data, views, and occurring in June 2020, and for which the protection of investors or the public arguments concerning the foregoing, the Exchange will reduce the number of interest; (ii) impose any significant including whether the proposed rule changes to its systems. The Exchange burden on competition; and (iii) become change is consistent with the Act. has historically limited rolling out new operative for 30 days from the date on Comments may be submitted by any of functionality before the Russell which it was filed, or such shorter time the following methods: as the Commission may designate, it has Rebalance to mitigate the operational Electronic Comments risk of introducing technology changes become effective pursuant to Section before this significant market event. 19(b)(3)(A) of the Act 7 and Rule 19b– • Use the Commission’s internet 4(f)(6) thereunder.8 comment form (http://www.sec.gov/ 2. Statutory Basis A proposed rule change filed rules/sro.shtml); or The Exchange believes that its pursuant to Rule 19b–4(f)(6) under the • Send an email to rule-comments@ proposal is consistent with Section 6(b) sec.gov. Please include File Number SR– of the Act,5 in general, and furthers the 7 15 U.S.C. 78s(b)(3)(A). Phlx–2020–31 on the subject line. objectives of Section 6(b)(5) of the Act,6 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to 9 17 CFR 240.19b–4(f)(6). 3 See Securities Exchange Act Release No. 88583 file the proposed rule change, along with a brief 10 17 CFR 240.19b–4(f)(6)(iii). (April 7, 2020), 85 FR 20533 (April 13, 2020) (SR– description and text of the proposed rule change, 11 For purposes only of waiving the 30-day Phlx–2020–15). at least five business days prior to the date of filing operative delay, the Commission also has 4 See id. at 20540. of the proposed rule change, or such shorter time considered the proposed rule’s impact on 5 15 U.S.C. 78f(b). as designated by the Commission. The Exchange efficiency, competition, and capital formation. See 6 15 U.S.C. 78f(b)(5). has satisfied this requirement. 15 U.S.C. 78c(f).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39966 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

Paper Comments Administration under the Small U.S. Small Business Administration, • Send paper comments in triplicate Business Investment Act of 1958, as 409 Third Street SW, Washington, DC to Secretary, Securities and Exchange amended, under Section 309 of the Act 20416. and § 107.1900 of the Small Business Commission, 100 F Street NE, Christopher L. Weaver, Washington, DC 20549–1090. Administration Rules and Regulations (13 CFR 107.1900) to function as a small Acting Associate Administrator, Office of All submissions should refer to File business investment company under the Investment and Innovation. Number SR–Phlx–2020–31. This file Small Business Investment Company [FR Doc. 2020–14288 Filed 7–1–20; 8:45 am] number should be included on the License No. 04/04–0303 issued to KLH BILLING CODE P subject line if email is used. To help the Capital Fund II, L.P. said license is Commission process and review your hereby declared null and void. comments more efficiently, please use SMALL BUSINESS ADMINISTRATION only one method. The Commission will United States Small Business post all comments on the Commission’s Administration. internet website (http://www.sec.gov/ Christopher L. Weaver, [License No. 02/02–0688] rules/sro.shtml). Copies of the Acting Associate Administrator, Office of submission, all subsequent Investment and Innovation. Willow Tree Credit Partners SBIC, L.P.; amendments, all written statements [FR Doc. 2020–14293 Filed 7–1–20; 8:45 am] Notice Seeking Exemption Under with respect to the proposed rule BILLING CODE P Section 312 of the Small Business change that are filed with the Investment Act, Conflicts of Interest Commission, and all written communications relating to the SMALL BUSINESS ADMINISTRATION Notice is hereby given that Willow proposed rule change between the Tree Credit Partners SBIC, L.P., 640 Commission and any person, other than [License No. 03/33–0268] Fifth Avenue, New York, NY 10019, a those that may be withheld from the Renovus Capital Partners II, L.P.; Federal Licensee under the Small public in accordance with the Notice Seeking Exemption Under Business Investment Act of 1958, as provisions of 5 U.S.C. 552, will be Section 312 of the Small Business amended (‘‘the Act’’), in connection available for website viewing and Investment Act, Conflicts of Interest with the financing of a small concern, printing in the Commission’s Public has sought an exemption under Section Reference Room, 100 F Street NE, Notice is hereby given that Renovus 312 of the Act and Section 107.730, Washington, DC 20549 on official Capital Partners II, L.P., 460 E. Financings which Constitute Conflicts business days between the hours of Swedesford Road, Suite 2050, Wayne, of Interest of the Small Business 10:00 a.m. and 3:00 p.m. Copies of the PA 19087, a Federal Licensee under the Administration (‘‘SBA’’) Rules and filing also will be available for Small Business Investment Act of 1958, Regulations (13 CFR 107.730). Willow inspection and copying at the principal as amended (‘‘the Act’’), in connection office of the Exchange. All comments Tree Credit Partners SBIC, L.P. proposes with the financing of a small concern, to provide incremental term loan received will be posted without change. has sought an exemption under Section Persons submitting comments are financing to United Veterinary Care 312 of the Act and Section 107.730, Blocker, Inc., 601 Heritage Drive, cautioned that we do not redact or edit Financings which Constitute Conflicts Jupiter, FL, (‘‘UVCB’’). personal identifying information from of Interest of the Small Business comment submissions. You should Administration (‘‘SBA’’) Rules and The financing is brought within the submit only information that you wish Regulations (13 CFR 107.730). Renovus purview of § 107.730(a) and (d) of the to make available publicly. All Capital Partners L.P and Renovus Regulations because Willow Tree Fund submissions should refer to File Capital Partners II, L.P. provide equity I, L.P. and WT Fund I (Offshore) Number SR–Phlx–2020–31, and should financing to RCP Education I, LLC d/b/ Intermediate, L.P., Associates of Willow be submitted on or before July 23, 2020. a Great Lakes Institute of Technology, Tree Credit Partners SBIC, L.P., own For the Commission, by the Division of 5100 Peach Street, Erie Pennsylvania more than ten percent of UVCB, and Trading and Markets, pursuant to delegated 16509. therefore this transaction is considered 12 authority. The financing is brought within the a financing of an Associate requiring J. Matthew DeLesDernier, purview of § 107.730(a)(1) of the prior SBA approval. Assistant Secretary. Regulations because Renovus Capital Notice is hereby given that any [FR Doc. 2020–14231 Filed 7–1–20; 8:45 am] Partners, L.P., an Associate of Renovus interested person may submit written BILLING CODE 8011–01–P Capital Partners II, L.P., owns more than ten percent of RCP Education I, LLC d/ comments on the transaction, within b/a Great Lakes Institute of Technology fifteen days of the date of this publication, to the Associate SMALL BUSINESS ADMINISTRATION and therefore this transaction is considered Financing an Associate Administrator for Investment, U.S. [License No. 04/04–0314] requiring prior SBA written exemption. Small Business Administration, 409 Therefore, this transaction is Third Street SW, Washington, DC KLH Capital Fund II, L.P.; Surrender of considered financing an Associate, 20416. Small Business Investment Company requiring a prior SBA exemption. Notice License Christopher L. Weaver, is hereby given that any interested person may submit written comments Acting Associate Administrator, Office of Pursuant to the authority granted to Investment and Innovation. the United States Small Business on the transaction, within fifteen days of the date of this publication, to the [FR Doc. 2020–14290 Filed 7–1–20; 8:45 am] 12 17 CFR 200.30–3(a)(12). Associate Administrator for Investment, BILLING CODE P

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39967

DEPARTMENT OF STATE DEPARTMENT OF STATE It is the policy of the Department of State that statutory debarment as [Public Notice: 11146] [Public Notice: 11153] described in § 127.7 of the ITAR lasts for Statutory Debarment Under the Arms a three year period following the date of Commission on Unalienable Rights; Export Control Act and the conviction. Reinstatement from the Notice of Open Meeting International Traffic in Arms policy of statutory debarment is not Regulations; Correction automatic, and in all cases the debarred The Members of the Commission on person must submit a request to the Unalienable Rights (‘‘Commission’’) will ACTION: Notice; correction. Department of State and be approved for reinstatement from statutory debarment meet from 2:00 p.m. until 3:00 p.m. on SUMMARY: The Department of State is Thursday, July 16, to present the before engaging in any activities subject correcting Public Notice 11118 to the ITAR. Commission’s proposed Report to the published in the Federal Register on Department of State policy permits public. The meeting will be in May 20, 2020 imposing statutory debarred persons to apply to the Philadelphia at the National debarment under the International Director, Office of Defense Trade Constitution Center, 525 Arch Street, Traffic in Arms Regulations (‘‘ITAR’’) on Controls Compliance, for reinstatement Independence Mall. Doors will open at persons convicted of violating, or from statutory debarment beginning one 1:30 p.m. The Secretary of State will conspiracy to violate, the Arms Export year after the date of the debarment. In attend, and there will not be late seating Control Act (AECA). The effective date response to a request for reinstatement available for the meeting. for the imposition of statutory from statutory debarment, the The conclusion of the meeting will debarment remains May 20, 2020. Department may determine either to start a two-week public comment period FOR FURTHER INFORMATION CONTACT: Jae rescind only the statutory debarment on the Report ending July 30 at E. Shin, Director, Office of Defense pursuant to § 127.7(b), or to both rescind midnight. An electronic facsimile of the Trade Controls Compliance, Bureau of the statutory debarment pursuant to Political-Military Affairs, Department of report will be posted on the § 127.7(b) and reinstate export privileges State at (202) 632–2107. as described in § 127.11 of the ITAR. Commission’s web page: www.state.gov/ SUPPLEMENTARY INFORMATION: See 84 FR 7411 for discussion on the commission-on-unalienable-rights on The primary purpose of this correction is to Department’s policy regarding actions to July 16. The final Report, following a clarify Department policy as previously both rescind the statutory debarment consideration of the comments received, noted in Federal Register notice 84 FR and reinstate export privileges. The will be posted to the Commission’s 26500 (June 6, 2019). reinstatement of export privileges can be website after the conclusion of the In FR Doc. 2020–10862, published on made only after the statutory public comment period. May 20, 2020, on page 30783, in the requirements of section 38(g)(4) of the This meeting is open to the public, second column, through the end of the AECA have been satisfied. though seating is limited and on a first- notice on page 30784, in the second Certain exceptions, known as come-first-served basis. To register for column, the SUPPLEMENTARY transaction exceptions, may be made to the meeting, members of the public INFORMATION section is corrected to read this debarment determination on a case- planning to attend must, no later than as follows: by-case basis. However, such an SUPPLEMENTARY INFORMATION: July 7, provide their full name and email Section exception would be granted only after a 38(g)(4) of the AECA, 22 U.S.C. full review of all circumstances, paying address to [email protected]. 2778(g)(4), restricts the Department of particular attention to the following Requests for reasonable accommodation State from issuing licenses for the factors: Whether an exception is should be made at the same time as the export of defense articles or defense warranted by overriding U.S. foreign notification. Late requests will be services where the applicant, or any policy or national security interests; considered, but might not be possible to party to the export, has been convicted whether an exception would further law fulfill. Email addresses are collected for of violating certain statutes, including enforcement concerns that are purposes of notification, should the section 38 of the AECA. The Department consistent with the foreign policy or meeting be postponed or cancelled due refers to this restriction as a limitation national security interests of the United to weather or other exigencies. on ‘‘export privileges,’’ and implements States; or whether other compelling This announcement may appear in it through § 127.11 of the ITAR. The circumstances exist that are consistent the Federal Register less than 15 days statute and regulations permit the with the foreign policy or national prior to the meeting. The Department of President to make certain exceptions to security interests of the United States, State finds that there is an exceptional the restriction on export privileges on a and that do not conflict with law circumstance in that this advisory case-by-case basis. Section 127.7(b) of enforcement concerns. Even if the ITAR also provides for ‘‘statutory committee meeting must be held on July exceptions are granted, the debarment debarment’’ of any person who has been continues until subsequent 16 due to the Secretary’s schedule. convicted of violating or conspiring to reinstatement from statutory debarment. For additional information, please violate the AECA. Under this policy, Pursuant to section 38(g)(4) of the contact Duncan Walker, Policy Planning persons subject to statutory debarment AECA and § 127.7(b) and (c)(1) of the Staff, at (202) 647–2236/3490, are prohibited from participating ITAR, the following persons, having [email protected]. directly or indirectly in any activities been convicted in a U.S. District Court, that are regulated by the ITAR. are denied export privileges and are Duncan H. Walker, Statutory debarment is based solely statutorily debarred as of May 20, 2020 Designated Federal Officer, Department of upon conviction in a criminal (Name; Date of Judgment; Judicial State. proceeding, conducted by a United District; Case No.; Month/Year of Birth): [FR Doc. 2020–14339 Filed 7–1–20; 8:45 am] States court, and as such the (1) Asad-Ghanem, Rami Najm (aka BILLING CODE 4710–10–P administrative debarment procedures Ghanem, Rami Najm); August 19, 2019; outlined in part 128 of the ITAR are not Central District of California; 2:15–cr–00704; applicable. June 1966.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39968 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

(2) Boyko, Gennadiy; December 7, 2018; to participate in activity regulated under acquire the Line and assume the Northern District of Georgia; 1:16–cr–00338; the ITAR. Also, under § 127.1(d) of the associated common carrier obligations. February 1970. ITAR, any person who has knowledge TFGT states that while no common (3) Browning, Scott Douglas; August 9, that another person is ineligible carrier operations are currently 2019; Eastern District of North Carolina; 5:18–cr–00036; April 1977. pursuant to § 120.1(c)(2) of the ITAR conducted on the Line, it will provide (4) Brunt, Paul Stuart; March 1, 2019; may not, without disclosure to and service as needed through contractual Western District of Washington; 2:18–cr– written approval from the Directorate of arrangements with third party operators. 00025; February 1966. Defense Trade Controls, participate, TFGT certifies that its projected (5) Chehade, Walid; May 8, 2019; Western directly or indirectly, in any ITAR- annual revenues are not expected to District of Michigan; 1:17–cr–00263; July controlled transaction where such exceed $5 million and will not exceed 1981. ineligible person may obtain benefit those that would qualify it as a Class III (6) Dequarto, Dominick; December 5, 2018; therefrom or have a direct or indirect rail carrier. TFGT further certifies that Middle District of Florida; 8:18–cr–00320; interest therein. the proposed transaction does not December 1965. involve any provision or agreement that (7) Diab, Hicham; June 11, 2019; Western This notice is provided for purposes District of Washington; 2:18–cr–00282; July of making the public aware that the would limit future interchange with a 1976. persons listed above are prohibited from third-party connecting carrier. (8) El Mir, Nafez; June 11, 2019; Western participating directly or indirectly in The transaction may be consummated District of Washington; 2:18–cr–00282; activities regulated by the ITAR, on or after July 16, 2020, the effective November 1967. including any brokering activities and date of the exemption (30 days after the (9) Heubschmann, Andy Lloyd; December any export from or temporary import verified notice was filed). 17, 2019; Eastern District of Wisconsin; 1:19– into the United States of defense If the verified notice contains false or cr–00119; November 1959. misleading information, the exemption (10) Joseph, Junior Joel; April 12, 2019; articles, technical data, or defense services in all situations covered by the is void ab initio. Petitions to revoke the Southern District of Florida; 9:18–cr–80139; exemption under 49 U.S.C. 10502(d) February 1978. ITAR. Specific case information may be (11) Peterson, John James; November 18, obtained from the Office of the Clerk for may be filed at any time. The filing of 2019; Southern District of Florida; 1:19–cr– the U.S. District Courts mentioned a petition to revoke will not 20442; February 1959. above and by citing the court case automatically stay the effectiveness of (12) Prezas, Julian; November 3, 2017; number where provided. the exemption. Petitions to stay must be Western District of Texas; 5:16–cr–00040; filed no later than July 9, 2020 (at least January 1980. R. Clarke Cooper, seven days before the exemption (13) Rodriguez, Chris; October 18, 2019; Assistant Secretary, Bureau of Political becomes effective). Eastern District of Virginia; 1:19–cr–00153; Military Affairs, Department of State. All pleadings, referring to Docket No. April 1962. [FR Doc. 2020–14053 Filed 7–1–20; 8:45 am] FD 36416, must be filed with the (14) Ruchtein, Sergio; October 29, 2019; Surface Transportation Board either via Eastern District of Pennsylvania; 2:19–cr– BILLING CODE 4710–25–P 00309; October 1967. e-filing or in writing addressed to 395 E (15) Saiag, Allexander (aka Saiag, Street SW, Washington, DC 20423–0001. Alexandre); November 22, 2019; Eastern SURFACE TRANSPORTATION BOARD In addition, a copy of each pleading District of New York; 1:19–cr–00129; must be served on TFGT’s September 1986. [Docket No. FD 36416] representative, Deanna S. Mool, Heyl, (16) Saidi, Abdul Majid; March 15, 2019; Royster, Voelker & Allen, 3731 Wabash Western District of Michigan; 1:17–cr–00263; TFG Transport, LLC—Acquisition Avenue, PO Box 9678, Springfield, IL March 1976. Exemption—Decatur Central Railroad, 62791–9678. (17) Shapovalov, Michael (aka Mikhail LLC According to TFGT, this action is Shapovalov); May 29, 2018; District of TFG Transport, LLC (TFGT), a categorically excluded from Connecticut; 3:17–cr–00272; November 1986. environmental review under 49 CFR (18) Sheng, Zimo; December 14, 2018; noncarrier, has filed a verified notice of Eastern District of Wisconsin; 2:18–cr–00108; exemption under 49 CFR 1150.31 to 1105.6(c) and from historic preservation August 1989. acquire from Decatur Central Railroad, reporting requirements under 49 CFR (19) Srivaranon, Apichart; April 15, 2019; LLC (DCRR) an approximately 16-mile 1105.8(b)(1). Board decisions and notices are District of Maryland; 8:16–cr–00542; rail line 1 extending from milepost 12.11 available at www.stb.gov. February 1985. in Cisco, Ill., to milepost 27.63 in (20) Taylor, Maurice; July 22, 2019; 2 Decided: June 29, 2020. Southern District of Mississippi; 3:18–cr– Decatur, Ill. (the Line). 00260; October 1985. According to the verified notice of By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. (21) Tishchenko, Oleg Mikhaylovich; June exemption, TFGT is a subsidiary of 21, 2019; District of Utah; 1:16–cr–00034; Topflight Grain Cooperative, Inc. Eden Besera, April 1977. (Topflight). TFGT states that Topflight Clearance Clerk. (22) Zamarron-Luna, Carlos Antonio; and OmniTRAX Holdings Combined, [FR Doc. 2020–14302 Filed 7–1–20; 8:45 am] October 19, 2019; Southern District of Texas; Inc. (the sole members of DCRR) have BILLING CODE 4915–01–P 7:18–cr–01043; March 1967. executed a dissolution agreement to (23) Zuppone, Brunella; November 18, dissolve and distribute the assets of 2019; Southern District of Florida; 1:19–cr– SURFACE TRANSPORTATION BOARD 20442; May 1952. DCRR. TFGT states that pursuant to this dissolution agreement, TFGT will At the end of the three-year period [Docket No. FD 36407] following the date of conviction, the 1 TGFT states that it will also acquire appurtenant Mississippi Southern Railroad, LLC— above named persons remain debarred land and ancillary trackage. Operation Exemption with Interchange 2 unless a request for reinstatement from In Decatur Central Railroad—Acquisition & Commitment—The Kansas City statutory debarment is approved by the Operation Exemption—Topflight Grain Cooperative, FD 36139 (STB served Sept. 14, 2017), Southern Railway Company Department of State. the Line was described as having the same Pursuant to § 120.1(c) of the ITAR, mileposts as TFGT states here and being Mississippi Southern Railroad, LLC debarred persons are generally ineligible approximately 15.52 miles long. (MSR), a Class III railroad, has filed a

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39969

verified notice of exemption pursuant to effective, post a notice of its intent to ACTION: Notice of limitation on claims 49 CFR 1150.41 to: (1) Continue to lease undertake the proposed transaction at for judicial review of actions by the from The Kanas City Southern Railway the workplace of the employees on the California Department of Transportation Company (KCS) and operate affected lines, serve a copy of the notice (Caltrans). approximately 26.5 miles of rail line on the national offices of the labor between milepost 133.0 near Bay unions with employees on the affected SUMMARY: The FHWA, on behalf of Springs, Miss., and milepost 159.5 near lines, and certify to the Board that it has Caltrans, is issuing this notice to Newton, Miss. (Bay Springs Branch), done so. On May 20, 2020, MSR announce actions taken by Caltrans, that and (2) lease from KCS and operate certified that on May 19 it provided the are final. The actions relate to a approximately 114.2 miles of rail line required notice with respect to its proposed highway project, foundation/ from milepost 87.2 at the switch south proposed lease of the Louisville substructure retrofit of three bridges on of the Columbus & Greenville Railway Subdivision and Pearl River Industrial Interstate 405 at the San Gabriel River crossing near West Point, Miss., to Lead. However, along with its verified in the City of Long Beach, County of Los milepost 161.7 near Newton (Louisville notice of exemption, MSR filed a Angeles, State of California. Those Subdivision), and approximately 15.5 petition requesting a waiver of the 60- actions grant licenses, permits, and miles of rail line from milepost 0.0 near day advance labor notice requirements approvals for the project. Union, Miss., to milepost 15.5 near with respect to its amended lease for the DATES: By this notice, the FHWA, on Sebastopol, Miss. (Pearl River Industrial Bay Springs Branch. MSR’s petition for behalf of Caltrans, is advising the public Lead). waiver will be addressed in a separate of final agency actions subject to 23 MSR, which has leased and operated decision. The Board will establish the U.S.C. 139(l)(1). A claim seeking the Bay Springs Branch since 2005,1 effective date of the exemption in its judicial review of the Federal agency states that it has reached an agreement separate decision on the waiver request. actions on the highway project will be with KCS to modify the lease and If the verified notice contains false or barred unless the claim is filed on or extend its term to November 30, 2034, misleading information, the exemption before November 30, 2020. If the Federal through an amendment. MSR states that is void ab initio. Petitions to revoke the lay that authorizes judicial review of a it has also agreed with KCS to a separate exemption under 49 U.S.C. 10502(d) claim provides a time period of less lease for the Louisville Subdivision and may be filed at any time. The filing of than 150 days for filing such a claim, Pearl River Industrial Lead with a term a petition to revoke will not then that short time period applies. expiring on July 19, 2030. According to automatically stay the effectiveness of FOR FURTHER INFORMATION CONTACT: For MSR, it will provide all common carrier the exemption. Petitions for stay must Caltrans: Eduardo Aguilar, Senior service on the lines subject to these be filed no later than July 10, 2020. Environmental Planner/Branch Chief, leases. All pleadings, referring to Docket No. Caltrans Division of Environmental MSR certifies that the amended lease FD 36407, must be filed with the Planning, District 7, 100 South Main for the Bay Springs Branch and the new Surface Transportation Board either via Street, Los Angeles, CA 90012. Office lease for the Louisville Subdivision and e-filing or in writing addressed to 395 E Hours: 8:00 a.m.–5:00 p.m., Pacific Pearl River Industrial Lead contain Street SW, Washington, DC 20423–0001. Standard Time, telephone (213) 897– interchange commitments.2 In addition, a copy of each pleading 8492 or email eduardo.aguilar@ Accordingly, MSR has provided must be served on MSR’s representative, dot.ca.gov. For FHWA, contact David additional information regarding the Bradon J. Smith, Fletcher & Sippel LLC, Tedrick at (916) 498–5024 or email interchange commitments, as required 29 North Wacker Drive, Suite 800, [email protected]. 3 by 49 CFR 1150.43(h). Chicago, IL 60606–3208. SUPPLEMENTARY INFORMATION: Effective MSR certifies that its projected According to MSR, this action is July 1, 2007, the FHWA assigned, and revenues as a result of this transaction categorically excluded from Caltrans assumed, environmental will not result in the creation of a Class environmental review under 49 CFR responsibilities for this project pursuant II or Class I rail carrier but states that its 1105.6(c) and from historic preservation to 23 U.S.C. 327. Notice is hereby given projected annual revenues will exceed reporting requirements under 49 CFR that Caltrans has taken final agency $5 million following the transaction. 1105.8(b). actions subject to 23 U.S.C. 139(l)(1) by Pursuant to 49 CFR 1150.42(e), if a Board decisions and notices are issuing licenses, permits, and approvals carrier’s projected annual revenues will available at www.stb.gov. for the following highway project in the exceed $5 million, it must, at least 60 Decided: June 29, 2020. State of California: Caltrans proposes a days before the exemption becomes By the Board, Scott M. Zimmerman, Acting bridge scour maintenance project at the Director, Office of Proceedings. Interstate 405 (I–405)/Interstate 605 (I– 1 See Miss. S. R.R.—Lease & Operation Exemption—Kan. City S. Ry., Docket No. FD 34684 Brendetta Jones, 605) interchange—a complex of three (3) (STB served Apr. 21, 2005) (authorizing original Clearance Clerk. bridges that traverse the San Gabriel lease and operation of the Bay Springs Branch); River, in the City of Long Beach, and at [FR Doc. 2020–14318 Filed 7–1–20; 8:45 am] Miss. S. R.R.—Lease & Operation Exemption—Kan. the Los Angeles County/Orange County City S. Ry., Docket No. FD 36060 (STB served Sept. BILLING CODE 4915–01–P 9, 2016) (authorizing continued lease and line, in California. The proposed operation). improvements include a retrofit of the 2 A copy of the amended lease and the new lease bridge substructure foundation through were submitted under seal. See 49 CFR DEPARTMENT OF TRANSPORTATION construction of pier footing extensions 1150.43(h)(1). at Pier 3 and Pier 4 at each bridge, 3 According to the verified notice, the only Federal Highway Administration interchange affected by the interchange reinforcement of new footing extensions commitments is with the Columbus & Greenville Notice of Final Federal Agency Actions through placement of new Cast-In- Railway (CAGY) on the Louisville Subdivision at on Proposed Highway in California Drilled-Hole (CIDH) piles, and armoring West Point, but there is currently no track of substructure retrofit through connection between the Louisville Subdivision and AGENCY: CAGY’s rail line, and the segment of the Louisville Federal Highway placement of rip-rap/rock protection Subdivision leading to that location is out of Administration (FHWA), Department of around each pier. The actions by the service. Transportation (DOT). Federal agencies, and the laws under

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39970 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

which such actions were taken, are 23. Rivers and Harbors Appropriation Operators on the trackage are PHL, described in the Final Environmental Act of 1899, Sections 9 and 10 Union Pacific Railroad Company, and Assessment (FEA)/Finding of No 24. Title VI of the Civil Rights Act of BNSF Railway. Significant impact (FONSI) for the 1964, as amended A copy of the petition, as well as any project, issued on June 17, 2020, and in 25. Executive Order 12898, Federal written communications concerning the other documents in Caltrans’ project Actions to Address Environmental petition, is available for review online at records. The FEA, FONSI and other Justice and Low-Income www.regulations.gov and in person at project records are available by contact Populations the U.S. Department of Transportation’s Caltrans at the addresses provided (Catalog of Federal Domestic Assistance (DOT) Docket Operations Facility, 1200 above. The Caltrans FEA, FONSI and Program Number 20.205, Highway Planning New Jersey Ave. SE, W12–140, other project records can be viewed and and Construction. The regulations Washington, DC 20590. The Docket downloaded at the following Caltrans implementing Executive Order 12372 Operations Facility is open from 9 a.m. District 7 Environmental Documents regarding intergovernmental consultation on to 5 p.m., Monday through Friday, website at https://tinyurl.com/I405-SGR- Federal programs and activities apply to this except Federal Holidays. Final. program.) Interested parties are invited to This notice applies to all Federal Authority: 23 U.S.C. 139(l)(1). participate in these proceedings by submitting written views, data, or agency decisions as of the issuance date Issued on: June 25, 2020. comments. FRA does not anticipate of this notice and all laws under which Rodney Whitfield, such actions were taken, including but scheduling a public hearing in Director, Financial Services, Federal Highway not limited to: connection with these proceedings since Administration, California Division. the facts do not appear to warrant a 1. Council on Environmental Quality [FR Doc. 2020–14248 Filed 7–1–20; 8:45 am] Regulations hearing. If any interested parties desire BILLING CODE 4910–RY–P 2. National Environmental Policy Act of an opportunity for oral comment and a 1969, as amended, 42 U.S.C. 4321 public hearing, they should notify FRA, in writing, before the end of the et. Seq. DEPARTMENT OF TRANSPORTATION 3. Federal-Aid Highway Act of 1970, 23 comment period and specify the basis U.S.C. 109 Federal Railroad Administration for their request. 4. MAP–21, the Moving Ahead for All communications concerning these Progress in the 21st Century Act [Docket Number FRA–2020–0050] proceedings should identify the (Pub. L. 112–141) appropriate docket number and may be Notice of Application for Approval of submitted by any of the following 5. Clean Air Act Amendments of 1990 Discontinuance or Modification of a (CAAA) methods: Railroad Signal System • 6. Clean Water Act of 1977 and 1987 Website: http:// 7. Federal Water Pollution Control Act Under part 235 of title 49 of the Code www.regulations.gov. Follow the online of 1972 (see Clean Water Act of instructions for submitting comments. of Federal Regulations (CFR) and 49 • 1977 & 1987) U.S.C. 20502(a), this provides the public Fax: 202–493–2251. • Mail: Docket Operations Facility, 8. Federal Land Policy and Management notice that by a document dated May U.S. Department of Transportation, 1200 Act of 1976 (Paleontological 11, 2020, Pacific Harbor Line (PHL) New Jersey Ave. SE, W12–140, Resources) petitioned the Federal Railroad 9. Noise Control Act of 1972 Washington, DC 20590. Administration (FRA) seeking approval • Hand Delivery: 1200 New Jersey 10. Safe Drinking Water Act of 1944, as to discontinue or modify a signal amended Ave. SE, Room W12–140, Washington, system. FRA assigned the petition DC 20590, between 9 a.m. and 5 p.m., 11. Endangered Species Act of 1973 Docket Number FRA–2020–0050. 12. Executive Order 11990, Protection of Monday through Friday, except Federal Applicant: Pacific Harbor Line, Inc. Mr. Wetlands Holidays. Otis Cliatt II, President 705 North 13. Executive Order 13112, Invasive Communications received by August Henry Ford Ave. Wilmington, CA Species 17, 2020 will be considered by FRA 14. Executive Order 13186, Migratory 90744. before final action is taken. Comments Birds Specifically, PHL requests permission received after that date will be 15. Fish and Wildlife Coordination Act to discontinue a traffic control system considered if practicable. of 1934, as amended on two signaled main tracks on the Long Anyone can search the electronic 16. Migratory Bird Treaty Act Beach Subdivision, from, but not form of any written communications 17. Water Bank Act Wetlands Mitigation including, Control Point (CP) Gaspur, and comments received into any of our Banks, ISTEA 1991, Sections 1006– milepost (MP) 17.7x, to CP Ocean dockets by the name of the individual 1007 Boulevard, MP 19.2x, in Long Beach, submitting the comment (or signing the 18. Wildflowers, Surface Transportation California. document, if submitted on behalf of an and Uniform Relocation Act of 1987 PHL will remove intermediate association, business, labor union, etc.). Section 130 automatic signals at MP 18.5x and all Under 5 U.S.C. 553(c), DOT solicits 19. Coastal Zone Management Act of switches, with the exception of one comments from the public to better 1972 crossover within the limits of CP Ocean inform its processes. DOT posts these 20. Coastal Zone Management Act Boulevard. Remote throw non-signaled comments, without edit, including any Reauthorization Amendments of territory switches will be installed. personal information the commenter 1990 Tracks will be designated as Other Than provides, to www.regulations.gov, as 21. Executive Order 11988, Floodplain Mainline, General Code of Operating described in the system of records Management Rules 6.28. notice (DOT/ALL–14 FDMS), which can 22. Department of Transportation (DOT) The reason for the proposed changes be reviewed at www.dot.gov/privacy. Executive Order 5650.2— is that the owner, Port of Long Beach, See also http://www.regulations.gov/ Floodplain Management and is implementing a rail improvement #!privacyNotice for the privacy notice of Protection (April 23, 1979) project on the Long Beach Subdivision. regulations.gov.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39971

Issued in Washington, DC. B. Federal Requirements www.transit.dot.gov/funding/ John Karl Alexy, C. Insurance and Other Federal Funds apportionments. D. Grant Application Procedures Associate Administrator for Railroad Safety, B. Oversight Takedown Chief Safety Officer. I. Overview [FR Doc. 2020–14274 Filed 7–1–20; 8:45 am] The CARES Act provides that not This document provides notice to more than three-quarters of 1 percent, BILLING CODE 4910–06–P stakeholders that FTA is apportioning but not to exceed $75 million, of the supplemental Fiscal Year (FY) 2020 funds shall be available until expended DEPARTMENT OF TRANSPORTATION Transit Infrastructure Grants (TIG) for administrative expenses and ongoing funding made available by the CARES program management oversight and to Federal Transit Administration Act, 2020 (Pub. L. 116–136). In addition, generally provide technical assistance this document contains important and correct deficiencies identified in FTA Fiscal Year 2020 Coronavirus Aid, information about statutory compliance reviews and audits as Relief, and Economic Security requirements and policy priorities for authorized under sections 5334 and (CARES) Act Supplemental the Transit Infrastructure Grants 5338(f)(2) of title 49, United States Apportionments, Allocations, Program program. FTA previously posted Code. Information and Guidance frequently asked questions and C. CARES Act Apportionments: Data apportionment tables identifying AGENCY: Federal Transit Administration and Methodology funding amounts to States, urbanized (FTA), DOT. areas and tribes on FTA’s website. 1. Apportionment Tables ACTION: Notice. For the Transit Infrastructure Grants FTA has posted tables displaying the SUMMARY: This notice provides program program, this notice provides funds available to eligible states, tribes, information and guidance for information on the FY 2020 and urbanized areas to implementation of the supplemental supplemental appropriations funding www.transit.dot.gov/funding/ fiscal year (FY) 2020 apportionments levels, funding availability, and the apportionments. This website contains a and allocations appropriated in the period of availability of funds. A page with the apportionment tables for Coronavirus Aid, Relief, and Economic separate section provides information the CARES Act, links to prior year Security (CARES) Act. on pre-award authority as well as other formula apportionment notices and requirements applicable to the Transit FOR FURTHER INFORMATION CONTACT: For tables, and the National Transit Infrastructure Grants program and grant general information about this notice, Database (NTD) and Census data used to administration. Finally, the notice contact Kimberly Sledge, Deputy calculate the apportionments. includes a reference to the Associate Administrator, Office of apportionment tables on FTA’s website 2. Funding Assignment to Urbanized Program Management, at (202) 366– that show the amount of funding made Area and Rural Area Formula Grant 2053. Please contact the appropriate available until the funds are expended. Programs FTA Regional Office for any specific Information in this document The CARES Act provides for the requests for information or technical includes references to existing FTA apportionment of funds via the assistance. FTA Regional Office contact program guidance and circulars. Some Urbanized Area formula, the Rural Area information is available on FTA’s information in FTA’s guidance formula, the State of Good Repair website: www.transit.dot.gov. An FTA documents and circulars that were formula, and the Growing States and headquarters contact for each program issued prior to passage of the Fixing High Density States formula factors. The area is included in this notice. FTA America’s Surface Transportation CARES Act also stipulates that the recommends stakeholders subscribe on (FAST) Act (Pub. L. 114–94) may have funding apportioned via the formulas be FTA’s website: www.transit.dot.gov to been superseded by the FAST Act, but made available under the existing receive email notifications when new these guidance documents and circulars Urbanized Area and Rural Area Formula information is available. remain a resource for program programs and procedures. Details on the SUPPLEMENTARY INFORMATION: management in most areas. apportionment for both programs are Table of Contents found in the program specific sections II. FY 2020 Funding for FTA Programs below. I. Overview A. Funding Available Under the CARES II. FY 2020 Funding for FTA Programs 3. NTD and Census Data Used in the A. Funding Available Under CARES Act, Act CARES Act Apportionments 2020 The CARES Act, 2020 (Pub. L. 116– Consistent with past practices, the B. Oversight Takedown 136) makes $25 billion in supplemental apportionments calculations for C. CARES Act Apportionments: Data and funding available for FTA grantees to Sections 5307, 5311, and 5337 rely on Methodology III. FY 2020 Program Highlights prevent, prepare for, and respond to the the most-recent transit service data A. Emergency Relief Docket coronavirus disease 2019 (COVID–19). reported to the NTD, which for FY 2020 B. New Eligibilities and Increased Federal The CARES Act provides $25 billion in is the 2018 report year. In some cases, Share funding from the General Fund, where an apportionment is based on the IV. FY 2020 Program-Specific Information including $22,696,291,664 for Section age of the system, the age is calculated Under CARES Act 5307 Urbanized Area Formula Grants as of September 30, 2019, the last day A. Urbanized Area Formula Program (49 (Urbanized Area Program) and before FY 2020 began. Recipients or U.S.C. 5307) $2,228,708,336 for Section 5311 beneficiaries of either Section 5307 or B. Formula Grants for Rural Areas Program Formula Grants for Rural Areas (Rural 5311 funds are required to report to the (49 U.S.C. 5311) C. Public Transportation Emergency Relief Area Program). Current funding NTD. Additionally, several transit Program (49 U.S.C. 5324) availability for each program is operators report to the FTA’s NTD on a V. Grant Requirements and Administration identified in Section IV of this notice voluntary basis. For the 2018 report A. Automatic Pre-Award Authority To and in Table 1 located on FTA’s FY year, the NTD includes data from 941 Incur Project Costs 2020 Apportionment web page: reporters in urbanized areas, 925 of

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39972 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

which reported operating transit service. grantees may ask questions about FTA Formula (49 U.S.C. 5336), The NTD also includes data from 1,475 requirements: [email protected]. $7,485,374,559 is apportioned according providers of rural transit service, which For additional information on the to the State of Good Repair formula (49 includes 134 Indian Tribes providing Emergency Relief Docket, please contact U.S.C. 5337), $862,846,477 is transit service. the appropriate FTA Regional Office. apportioned according to the High The 2010 Census data is used to Density States formula, and B. New Eligibilities and Increased $599,348,387 according to the Growing determine population and population Federal Share density for Section 5307 as well as rural States formula. FTA apportioned funds population and rural land area for the Activities eligible under the CARES do not include a take-down for the Section 5311 program. The formulas for Act include all activities typically competitive Passenger Ferry Grant Sections 5307, 5311, and 5311(c)(1) eligible under the Urbanized Area and Program or the State Safety Oversight include tiers where funding is allocated Rural Area Formula Programs Program. based on the number of persons living undertaken beginning on January 20, in poverty. The Census Bureau no 2020. Funds appropriated through the URBANIZED AREA FORMULA PROGRAM longer publishes decennial census data CARES Act are also available for all funding recipients in large urban, small 5307 Urbanized Area Formula $13,748,722,241 on persons living in poverty. As a result, 5337 State of Good Repair ...... 7,485,374,559 since FY 2013, FTA has used the data urban, and rural areas for operating 5340 High Density States ...... 862,846,477 for this population available via the expenses (net fare revenues) in response 5340 Growing States ...... 599,348,387 to the COVID–19 public health Census’ American Community Survey Total Apportioned ...... 22,696,291,664 (ACS). The NTD and Census data that emergency as described in Section 319 of the Public Health Service Act, FTA used to calculate the 2. Period of Availability apportionments associated with this including, beginning on January 20, Funds made available under the notice can be found on FTA’s website: 2020, reimbursement for operating costs Urbanized Area Formula Program are www.transit.dot.gov/funding/ to maintain service, purchase of available until expended, though FTA apportionments. personal protective equipment, and paying for administrative leave of encourages recipients to obligate and The FY 2020 CARES Act operations personnel due to reductions expend CARES Act funds expeditiously apportionments use data on low-income in service and quarantining after in response to the coronavirus public persons, persons with disabilities, and potential exposure to COVID–19. health emergency. older adults from the 2013–2017 ACS The Federal share for Transportation five-year data set, which was published 3. Operating Expenses Under the Infrastructure Grants is, at the option of CARES Act in December 2018. This data represents the recipient, up to 100 percent for all the most recent five-year ACS estimates eligible expenses. All FTA recipients, including those in that are available as of October 1 for the urbanized areas of 200,000 or more in year being apportioned. As was the case IV. FY 2020 Program Specific population, may utilize funds made in prior years, data on low-income Information Under CARES Act available under the CARES Act for persons comes from ACS Table B17024, A. Urbanized Area Formula Program (49 operating expenses incurred to maintain service on or after January 20, 2020. ‘‘Age by Ratio of Income to Poverty in U.S.C. 5307) the Last Twelve Months.’’ Such expenses include any operating Funds made available under this expenses (net fare revenues) incurred in III. FY 2020 Program Highlights notice for the Transit Infrastructure response to the COVID–19 public health A. Emergency Relief Docket Grants program, apportioned through emergency, as well as paying for the Urbanized Area Formula Program, administrative leave for operations Pursuant to 49 CFR 601.42, on provide financial assistance to personnel due to reductions in service. January 15, 2020 FTA announced the designated recipients in urbanized areas Additionally, such funds may be used to establishment of an Emergency Relief (UZAs) for all projects normally eligible pay for leave for employees who are Docket for calendar year 2020. See under the Urbanized Area Formula placed on administrative leave due to https://federalregister.gov/d/2020-00539 program such as capital investments in quarantine or for employees placed on for more information. After an public transportation systems, planning, sick leave due to COVID–19 infection. emergency or major disaster, if FTA job access and reverse commute See Chapter IV of the Urbanized Area requirements impede a grantee or projects, and operating under limited Formula Program Guidance (FTA subgrantee’s ability to respond to the circumstances. Under the CARES Act, Circular 9030.1E) for details on eligible emergency or major disaster, a grantee funds are available for operating operating assistance activities. or subgrantee may submit a request for assistance in both large and small Note that service that might otherwise temporary relief from FTA urbanized areas. There is no limit on the be characterized as charter service, such administrative and statutory amount of CARES funds that may be as exclusive, closed door transportation requirements. A grantee or subgrantee spent on operating activities. of children to meal sites, or of homeless seeking relief must submit a petition for For more information about the individuals to shelters, paid for by a waiver of FTA requirements at https:// Urbanized Area Formula Program, third party, is eligible for www.regulations.gov for posting in the contact John Bodnar at (202) 366–9091 reimbursement (net payment by a third docket (FTA–2020–0001). FTA or [email protected]. party) if the service is in direct response encourages grantees, prior to submitting to COVID–19. For charter operations a request to the docket, to review 1. Funding Availability lasting more than 90 days after the date existing requests and responses already The CARES Act provides a total of a Governor declared a state of posted, as well as FTA’s COVID–19 $22,696,291,664 of supplemental FY emergency, the recipient should submit Frequently Asked Questions web page, 2020 funding for the Urbanized Area a waiver request to the Emergency Relief at https://www.transit.dot.gov/cares-act. Formula program. Of that amount, docket. In addition to the docket, FTA has $13,748,722,241 is apportioned Recipients are not required to incur established an email address by which according to the Urbanized Area operating expenses (or preventive

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39973

maintenance expenses, which are GRANTS FOR RURAL AREAS FORMULA reflect actual expenses. There is no limit operating expenses that may be PROGRAM on the amount of funds made available capitalized for the purposes of FTA under the CARES Act that may be used grants) prior to grant award. A recipient, 5311 Rural Area Formula ...... $1,989,462,090 for operating assistance. at its discretion, may use operating 5311(c)(2) Appalachian Devel- opment ...... (20,000,000) States may use methods other than expenses submitted, accepted, and 5311(c)(1) Public Transpor- those identified in their State published by the NTD for the 2018 tation on Indian Res ...... (30,000,000) Management Plans to allocate CARES 5340 Growing States ...... 239,246,246 report year as justification for its request Act funds. for operating assistance, along with a Total Apportioned ...... 2,178,708,336 description of operations included in 4. Appalachian Development Public the grant. Draw down of funds must 2. Period of Availability Transportation Assistance Program (49 reflect actual expenses. There is no limit U.S.C. 5311(c)(2)) on the amount of funds made available The Formula Grants for Rural Areas under the CARES Act that may be used Program funds apportioned in this This program is a take-down under for operating assistance. notice are available until expended, the Formula Grants for Rural Areas though FTA encourages recipients to Program to provide additional funding B. Formula Grants for Rural Areas obligate and expend CARES Act funds to support public transportation in the Program (49 U.S.C. 5311) expeditiously in response to the Appalachian region. There are thirteen The Formula Grants for Rural Areas coronavirus public health emergency. eligible States that receive an allocation Program provides formula funding to 3. Operating Expenses Under the under this provision. The State States and Indian tribes for supporting CARES Act allocations are shown in the Formula public transportation in areas with a Grants for Rural Areas Program table All FTA recipients may utilize funds posted on FTA’s website at population of less than 50,000. Funding made available under the CARES Act for www.transit.dot.gov/funding/ under this notice may be used for all operating expenses incurred as of apportionments . A total of $20 million activities typically eligible under the January 20, 2020, at a 100 percent is available until expended through the Rural Areas Program, including Federal share. Such expenses include CARES Act. reimbursement for operating costs to any expenses incurred in response to maintain service during the COVID–19 the COVID–19 public health emergency, For more information about the public health emergency, the purchase as well as paying for administrative Appalachian Development Public of personal protective equipment, and leave for operations personnel due to Transportation Assistance Program, paying the administrative leave of reductions in service. Additionally, contact E´ lan Flippin at (202) 366–3800 operations personnel due to reduction such funds may be used to pay for leave or [email protected]. in service. Eligible subrecipients for employees who are placed on 4. Public Transportation on Indian include State and local governmental administrative leave due to quarantine Reservations Program (49 U.S.C. authorities, Indian Tribes, private non- or for employees on sick leave due to profit organizations, and private COVID–19 infection. Additional 5311(c)(1)) intercity bus companies. Indian Tribes information on eligible operating The Public Transportation on Indian also are eligible direct recipients under assistance projects can be found in the Formula Grants for Rural Areas Reservations Program, or Tribal Transit Chapter III of Formula Grants for Rural Program (TTP), is funded as a take- Program, both for funds apportioned to Areas: Program Guidance and the States and for projects apportioned down from funds made available for the Application Instructions. Formula Grants for Rural Areas with funds set aside for the Tribal Note that service that might otherwise Transit Program. program. Formula factors include be characterized as charter service, such vehicle revenue miles and the number For more information about the as exclusive, closed door transportation of low-income individuals residing on Formula Grants for Rural Areas of children to meal sites, or of homeless tribal lands (defined as American Indian program, contact E´ lan Flippin at (202) individuals to shelters, paid for by a Areas and Alaska Native Areas). Eligible 366–3800 or [email protected]. third party, is eligible for direct recipients are federally reimbursement (net payment by a third 1. Funding Availability recognized Indian tribes and Alaskan party) if the operations are in direct Native Villages providing public The CARES Act provides a total of response to COVID–19. For charter transportation in rural areas. The TTP $2,178,708,336 of supplemental FY operations lasting more than 90 days funds are allocated for grants to eligible 2020 funding for the Rural Area after the date a Governor declared a recipients for any purpose eligible Formula Program. Of that amount state of emergency, the recipient should under Formula Grants for Rural Areas $1,989,462,090 is apportioned according submit a waiver request to the program or the CARES Act, which to the Rural Area formula and Emergency Relief docket. $239,246,246 is apportioned according Recipients are not required to incur includes capital, operating, planning, to the Growing States formula. Of the operating expenses (or preventive and job access and reverse commute amount appropriated, $20 million is maintenance expenses, which are projects. Allocations are shown in the made available for the Appalachian operating expenses that may be Public Transportation on Indian Development Public Transportation capitalized for the purposes of FTA Reservations Formula Program table Assistance Program and $30 million is grants) prior to grant award. A recipient, posted on FTA’s website at made available for the Public at its discretion, may use operating www.transit.dot.gov/funding/ Transportation on Indian Reservations expenses submitted, accepted, and apportionments. A total of $30 million formula program. FTA-apportioned published by the NTD for the 2018 is available until expended through the funds do not include a take-down for report year as justification for its request CARES Act. the Rural Transit Assistance Program or for operating assistance, along with a For more information about the Tribal the Public Transportation on Indian description of operations included in Transit Program, contact Amy Fong at Reservations competitive program. the grant. Draw down of funds must (202) 366–0876 or [email protected].

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39974 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

C. Public Transportation Emergency C. Insurance and Other Federal Funds place that meets the requirements of the Relief Program (49 U.S.C. 5324) FTA funds may not be used to Transit Asset Management regulation reimburse expenses that have (49 CFR part 625), or is covered by a In addition to the funds appropriated compliant Group Plan. under the CARES Act, on March 13, previously been reimbursed by insurance proceeds or other Federal f. Documentation is on file to support 2020, FTA announced that all recipients recipient’s status as either a designated in large urban, small urban, and rural funds. Recipients are required to pursue claims for any losses covered by recipient for the program and area or a areas that operate in states that have direct recipient. declared a State of Emergency related to insurance policies that are also eligible expenses under FTA’s programs. The g. Funding is available, including any COVID–19 may use their existing recipient must report to FTA any flexible funds included in the budget, Urbanized Area and Rural Area Formula insurance proceeds or Federal funds and split letters or sub allocation letters funding for both capital and operating received before or after FTA grant on file, where applicable, to support the expenses related to COVID–19 response obligation that duplicate any funding amount requested in the grant at an increased Federal share, as received through an FTA grant and application. authorized by the Public Transportation make subsequent adjustments to the h. The activity is listed in a currently Emergency Relief Program (49 U.S.C. grant prior to disbursement or return to approved Transportation Improvement 5324). For information on how to use FTA the amount of funding determined Program (TIP); Statewide Transportation funds previously apportioned under the to be duplicative. This includes any Improvement Program (STIP), or Urbanized Area and Rural Area Formula proceeds from insurance policies that Unified Planning Work Program programs for COVID–19 response, include applicable business interruption (UPWP) if applicable. please visit transit.dot.gov/coronavirus. coverage and funding received from the i. All eligibility issues are resolved. For more information about the Federal Emergency Management j. Required environmental findings Emergency Relief Program, contact Agency. Any such funds returned to are made. k. The application contains a well- Thomas Wilson at (202) 366–5279 or FTA will remain available to the defined scope of work, including at least [email protected]. recipient for obligation in another grant for eligible expenses. one project with accompanying project V. Transit Infrastructure Grants narratives, at least one budget scope A. Automatic Pre-Award Authority To D. Grant Application Procedures code and one activity line item, Federal Incur Project Costs All applications for FTA funds should and non-Federal funding amounts, and be submitted to the appropriate FTA milestones. Recipients have pre-award authority Office. All applications must be filed l. Milestone information is complete. to incur project costs as of January 20, electronically. FTA continues to award FTA will also review status of other 2020. Recipients should review the most and manage grants and cooperative open award reports to confirm financial recent version of FTA’s Apportionments agreements using the Transit Award and milestone information is current on Notice for further guidance on pre- Management System (TrAMS). To other open awards. award authority. access TrAMS, contact your FTA Office. Other important issues that impact FTA grant processing activities in B. Federal Requirements Resources on using TrAMS can be found on FTA’s website at https:// addition to the list above are discussed Except as noted otherwise in this www.transit.dot.gov/TrAMS. below. notice, all statutory and administrative FTA regional staff are responsible for a. Award Budgets—Scope Codes and requirements pertaining to Urbanized working with grantees to review and Activity Line Items (ALI) Codes; Area and Rural Area formula funds process grant applications. For an Financial Purpose Codes application to be considered complete apply to grants utilizing funding made FTA uses Scope and ALI Codes in the available through the CARES Act, and ready for FTA to assign a Federal Award Identification Number (FAIN), award budgets to track disbursements, including the requirements for monitor program trends, report to Department of Labor certification found enabling submission in TrAMS, and submission to the Department of Labor, Congress, and to respond to requests in Federal public transportation law (49 from the Inspector General and the U.S.C. 5333(b)). when applicable, the following requirements must be met: Government Accountability Office, as CARES Act funds used to pay for a. Recipient has registered in the well as to manage grants. The accuracy operating expenses in response to System for Award Management (SAM) of the data is dependent on the careful COVID–19 do not need to be included and its registration is current with an and correct use of codes. in a Transportation Improvement Plan active status. To register an entity or (TIP) and/or Statewide Transportation b. Designated and Direct Recipients check the status and renew registration, Documentation Improvement Plan (STIP). CARES Act visit the SAM website at https:// funds used to pay for capital expenses www.sam.gov/SAM/. For its formula programs, FTA for emergency relief in response to b. Recipient’s contact information, primarily apportions funds to the COVID–19 do not need to be included including Dun and Bradstreet Data designated recipient in large UZAs in the TIP and/or STIP unless the Universal Numbering System (DUNS), is (areas over 200,000), or for areas under projects are for substantial functional, correct. To request a DUNS number, call 200,000 (small UZAs and rural areas), it locational, or capacity changes per Dun & Bradstreet at 1–866–705–5711 or apportions the funds to the Governor, or Federal planning and assistance visit the website at http:// its designee (e.g., State DOT). standards regulations (23 CFR fedgov.dnb.com/webform. Depending on the program, as described 450.326(e)(5), 23 CFR 450.218(g)(5)). c. Recipient has properly submitted in the individual program sections Accordingly, capital projects to prevent, its annual certifications and assurances. found in Section IV of this notice, prepare for, and respond to COVID–19 d. Recipient’s Civil Rights further suballocation of funds may be that involve substantial functional, submissions are current. permitted to eligible recipients who may locational, or capacity changes must be e. After October 1, 2018, the grantee then apply directly to FTA for the included in the TIP and/or STIP. has a Transit Asset Management plan in funding as direct recipients.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39975

For the programs in which FTA may Grantees should refer to applicable • Fax: 1–202–493–2251. make grants to eligible direct recipients, regulations and statutes referenced in • Mail: Docket Management Facility, other than the designated recipient(s), this document. U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, recipients are reminded that K. Jane Williams, documentation must be on file to Room W12–140, Washington, DC 20590, Acting Administrator. support: (1) The status of the recipient between 9:00 a.m. and 5:00 p.m., [FR Doc. 2020–14249 Filed 7–1–20; 8:45 am] either as a designated recipient or direct Monday through Friday, except on BILLING CODE P Federal holidays. recipient; and (2) the allocation of funds • to the direct recipient. Hand Delivery or Courier: West Building Ground Floor, Room W12–140, Documentation to support existing DEPARTMENT OF TRANSPORTATION 1200 New Jersey Avenue SE, designated recipients for the UZA must Washington, DC 20590–0001 between National Highway Traffic Safety also be on file at the time of the first 9:00 a.m. and 5:00 p.m. ET, Monday Administration application in FY 2020. Split letters through Friday, except Federal holidays. and/or suballocation letters (Governor’s [Docket No. DOT–NHTSA–2020–0070] To be sure someone is there to help you, Apportionment letters), must also be on please call (202) 366–9322 before file to support grant applications for Agency Information Collection coming. direct recipients. Split and/or Activities; Notice and Request for • Instructions: All submissions must suballocation letters must be updated to Comment; Automated Vehicle include the agency name and docket include funds apportioned via this Transparency and Engagement for number for this proposed collection of notice. Once suballocation letters for FY Safe Testing (AV TEST) Initiative information. Note that all comments 2020 funding are finalized, recipients AGENCY: National Highway Traffic received will be posted without change should upload them as part of the Safety Administration (NHTSA), to http://www.regulations.gov, including application into TrAMS. Department of Transportation (DOT). any personal information provided. Please see the Privacy Act heading The Direct Recipient is required to ACTION: Notice and request for below. upload to TrAMS a copy of the comments on a request for approval of • Privacy Act: Anyone is able to a new information collection. suballocation letter (Letter) indicating search the electronic form of all their allocation of funding, for the SUMMARY: The National Highway Traffic comments received into any of our appropriate fund program, when the Safety Administration (NHTSA) invites dockets by the name of the individual applicant transmits their application for public comments about our intention to submitting the comment (or signing the initial review. The Letter must be signed request approval from the Office of comment, if submitted on behalf of an by the Designated Recipient, or as Management and Budget (OMB) for a association, business, labor union, etc.). applicable in accordance with planning new information collection. Before a You may review DOT’s complete requirements. If there are two Federal agency can collect certain Privacy Act Statement in the Federal Designated Recipients, both entities information from the public, it must Register published on April 11, 2000 must sign the Letter. The Letter must: receive approval from OMB. Under (65 FR 19477–78) or you may visit (1) Indicate the allocations to the procedures established by the https://www.transportation.gov/privacy. respective Direct Recipients listed in the Paperwork Reduction Act of 1995, • Docket: For access to the docket to letter; (2) incorporate language above before seeking OMB approval, Federal read background documents or the signatories to reflect this agreement; agencies must solicit public comment comments received, go to http:// and (3) make clear that the Direct on proposed collections of information. www.regulations.gov or the street Recipient will assume any/all This document describes a collection of address listed above. To be sure responsibility associated with the award information for NHTSA’s planned someone is there to help you, please call for the funds. When drafting the Letter, Automated Vehicle Transparency and (202) 366–9322 before coming. Follow Designated Recipients may use the Engagement for Safe Testing (AV TEST) the online instructions for accessing the template language below: Initiative for which NHTSA intends to dockets via internet. ‘‘As identified in this Letter, the seek OMB approval. The AV TEST FOR FURTHER INFORMATION CONTACT: For Designated Recipient(s) authorize the Initiative involves the voluntary additional information or access to reassignment/reallocation of [enter fund collection of information from entities background documents, contact Michael source; e.g., CARES Act funds] to the testing vehicles equipped with Frenchik, Office of Data Acquisition, automated driving systems (ADS) and Direct Recipient(s) named herein. The Safety Systems Management Division from States and local authorities (NSA–0130), Room W53–303, 1200 New undersigned agree to the amounts involved in the regulation of ADS Jersey Avenue SE, Washington, DC allocated/reassigned to each Direct testing. The purpose of this collection is 20590. Mr. Frenchik’s telephone Recipient. Each Direct Recipient is to provide information to the public number is (202) 366–0641. responsible for its application to the about ADS testing operations in the U.S. SUPPLEMENTARY INFORMATION: Under the Federal Transit Administration to and applicable State and local laws, receive such funds and assumes the Paperwork Reduction Act of 1995, regulations, and guidelines. before an agency submits a proposed responsibilities associated with any DATES: Comments must be submitted on collection of information to OMB for award for these funds.’’ or before August 31, 2020. approval, it must first publish a The contents of this document do not ADDRESSES: You may submit comments document in the Federal Register have the force and effect of law and are identified by the Docket No. DOT– providing a 60-day comment period and not meant to bind the public in any way. NHTSA–2020–0070 through any of the otherwise consult with members of the This document is intended only to following methods: public and affected agencies concerning provide clarity to the public regarding • Federal eRulemaking Portal: http:// each proposed collection of information. existing requirements under the law or www.regulations.gov. Follow the online The OMB has promulgated regulations agency policies. instructions for submitting comments. describing what must be included in

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 39976 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices

such a document. Under OMB’s technology, including technology the dates on which testing occurs, regulation (at 5 CFR 1320.8(d)), an contemplating no human driver at all, frequency of vehicle operations, the agency must ask for public comment on has the potential to significantly number of vehicles participating in the the following: (i) Whether the proposed improve roadway safety in the United project, the specific streets or areas collection of information is necessary States. This technology remains comprising the testing routes, for the proper performance of the substantially in development phases information about safety drivers and functions of the agency, including with companies across the United States their training, information about whether the information will have performing varying levels of engagement with the community and/or practical utility; (ii) the accuracy of the development, research, and testing local government, weblinks to the agency’s estimate of the burden of the relating to the performance of various company’s websites with brief proposed collection of information, aspects of ADS vehicle technologies. introductory statements, and a link to including the validity of the While much of these development the company’s Voluntary Safety Self- methodology and assumptions used; operations occur in private facilities and Assessment (VSSA).1 (iii) how to enhance the quality, utility, closed-course test tracks, many The second objective is to provide and clarity of the information to be stakeholders have progressed to members of the public with information collected; (iv) how to minimize the conducting ADS vehicle testing on collected from States and local burden of the collection of information public roads or in public authorities that regulate ADS on those who are to respond, including demonstrations. Moreover, to regulate operations. State and local authorities the use of appropriate automated, such operations in their jurisdictions, will be asked to provide weblinks for electronic, mechanical, or other many local authorities, such as States specific ADS-related topics, such as technological collection techniques or and cities, have passed laws governing statutes, regulations, or guidelines for other forms of information technology, ADS vehicle testing on public roads. ADS operations, privacy-related issues, e.g., permitting electronic submission of These statutes, regulations, and emergency response policies and responses. In compliance with these ordinances vary, ranging from training, or other activities that cultivate requirements, NHTSA asks for public operational requirements to mandating ADS testing. The implementation of this comments on the following proposed the submission of periodic reports program will provide a central resource collection of information: detailing ADS vehicle operation. for the aforementioned information Title: Automated Vehicle Description of the Need for the concerning ADS testing across the Transparency and Engagement for Safe Information and Proposed Use of the United States. Testing (‘‘AV TEST’’) Initiative. Information: The AV TEST Initiative Estimated Number of Respondents: OMB Control Number: New. seeks to enhance public education and NHTSA anticipates that the Initiative Type of Request: Request for approval engagement with public ADS vehicle will include up to 60 State or local of a new information collection. testing by coalescing information government respondents and 40 ADS Type of Review Requested: Regular. regarding respondents’ various testing developer, ADS vehicle manufacturer, Affected Public: There are two operations or requirements into a or ADS operator respondents per year. information collection components to centralized resource. This information Frequency: Participation is this request. The first affects entities collections seeks voluntarily-provided completely voluntary and each engaged in testing of ADS vehicles, information from entities performing participant will choose its respective including original manufacturers of ADS testing about their operations and degree of involvement and the ADS vehicles and ADS vehicle information from local authorities about frequency of its submissions. Therefore, equipment, and operators of ADS requirements or recommendations for the frequency of a participant’s response vehicles. The second affects local such operations. NHTSA will maintain may vary due to a variety of factors, authorities regulating testing of ADS a digital platform on its website that such as the degree of the entity’s vehicles within their jurisdictions, collects information from respondents participation in the initiative or the including States, cities, counties, and and makes the information about ADS frequency with which each entity other municipalities. operations and applicable State and modifies its ADS testing operations or, Request Expiration Date of Approval: local requirements and in the case of local authorities, amends Three years from date of approval. recommendations available to members its regulations governing such Summary of the Collection of of the public. operations. Information: The U.S. Department of The program will support two main Estimated Total Annual Burden Transportation (DOT), National objectives. The first objective is to Hours: NHTSA estimates that the Highway Traffic Safety Administration provide the public with access to annual burden of participation will be (NHTSA) was established by Congress geographic visualizations of testing at approximately 48 hours for private to save lives, prevent injuries, and the national, State, and local levels. This industry respondents that include ADS reduce economic costs due to motor information will be displayed on a operators, developers, or vehicle vehicle crashes through education, graphic of the United States, with manufacturers. This total number of research, safety standards, and projects overlaid on the geographic hours represents approximately four enforcement activity. DOT and NHTSA areas in which the testing project is hours per month to perform data entry are fully committed to reaching an era taking place. By clicking on a testing for testing projects (4 hours × 12 months of crash-free roadways through the location, members of the public will be = 48). Therefore, for the estimated 40 deployment of innovative lifesaving able see additional information about ADS operator participants, the total technologies. The prevalence of the operation and the ADS operator. burden is estimated to be 1,920 hours automotive crashes in the United States Additional information may include per year (40 respondents × 48 hours). underscores the urgency to develop and basic information about the ADS deploy lifesaving technologies that can operator, a brief statement about the 1 Voluntary Self-Assessments are described in dramatically decrease the number of entity, specific details of the testing Automated Driving Systems 2.0: A Vision for Safety, available at https://www.nhtsa.gov/sites/ fatalities and injuries on our Nation’s activity, high-level (non-confidential) nhtsa.dot.gov/files/documents/13069a-ads2.0_ roadways. NHTSA believes that descriptions of the vehicles and 090617_v9a_tag.pdf. VSSAs are covered by the PRA Automated Driving System (ADS) technology, photos of the test vehicles, Clearance with OMB Control Number 2127–0723.

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Notices 39977

NHTSA estimates that the annual by either 0.701 2 (70.1%), for private Labor costs associated with local and burden of participation will be industry workers, or 0.623 (62.3%), for regional authorities, such as States, approximately 10 hours for State or state and local government workers, to counties, and cities are estimated to be local authorities because the amount of obtain the total cost of compensation, $60.84 per hour for ‘‘Legal Support information requested is more limited and (3) multiplying by the estimated Workers,’’ Occupation Code 23–2099, and also less likely to require frequent burden hours for each respondent type. ($37.90 4 per hour ÷ 0.623). The labor updating. Therefore, for the estimated Labor costs associated with original cost per regional authority respondent is 60 State or local authority participants, manufacturers of ADS Vehicles or ADS estimated to be $608.40 per year ($60.84 the total burden is estimated to be 600 vehicle equipment and operators of ADS × 10 hours). Therefore, the total annual hours per year. vehicles are estimated to be $60.96 per labor cost for regional authorities to The total annual burden for the entire hour for ‘‘Project Management participate in the AV TEST Initiative is information collection request is Specialists,’’ Occupation Code 13–1198, estimated to be $36,504 per year. estimated to 2,520 hours (1,920 hours + ($42.73 3 per hour ÷ 0.701). The The total annual labor costs for all 600 hours). estimated labor cost per private industry respondents, private industry and The labor cost associated with this respondent is estimated to be $2,926.08 regional authorities together, are collection of information is derived by per year ($60.96 × 48 hours). Therefore, estimated to be $153,547 per year. See (1) applying the appropriate average the total annual labor cost for private Table 1 below for a summary of hourly labor rate published by the industry to participate in the AV TEST estimated annual burden hours and Bureau of Labor Statistics, (2) dividing Initiative is estimated to be $117,043. estimated labor costs. TABLE 1—SUMMARY OF ESTIMATED BURDEN HOURS AND ESTIMATED LABOR COSTS

Annual Annual labor Total annual Respondent type Number of hours per Labor cost cost per estimated Total annual respondents respondent per hour respondent burden hours labor costs

Original Manufacturer of ADS Vehicles or ADS Vehicle Equip- ment and Operators of ADS Vehicles ...... 40 48 $60.96 $2,926.08 1,920 $117,043.20 117,043 State or Local Authority ...... 60 10 60.84 608.40 600 36,504

Total All Respondents ...... 100 ...... 5,000 153,547

Estimated Total Annual Burden Costs: of the information to be collected; and Issued on June 26, 2020. NHTSA estimates that there will be no (d) ways to minimize the burden of the Chou-Lin Chen, costs to respondents other than costs collection of information on Associate Administrator, National Center for associated with burden hours. respondents, including the use of Statistics and Analysis. Public Comments Invited: You are automated collection techniques or [FR Doc. 2020–14227 Filed 7–1–20; 8:45 am] asked to comment on any aspect of this other forms of information technology. BILLING CODE 4910–59–P information collection, including (a) Authority: The Paperwork Reduction Act whether the proposed collection of of 1995; 44 U.S.C. Chapter 35, as amended; information is necessary for the proper NAICS 336100—Motor Vehicle Manufacturing, 49 CFR 1.49; and DOT Order 1351.29. available at https://www.bls.gov/oes/current/ performance of the functions of the naics4_336100.htm#15-0000 (accessed May 4, 2 Department, including whether the See Table 1. Employer Costs for Employee 2020). Compensation by ownership (Dec. 2019), available information will have practical utility; 4 See May 2019 National Occupational at https://www.bls.gov/news.release/ecec.t01.htm (b) the accuracy of the Department’s (accessed May 4, 2020). Employment and Wage Estimates by ownership, estimate of the burden of the proposed 3 See May 2019 National Industry-Specific Federal, state, and local government, available at information collection; (c) ways to Occupational Employment and Wage Estimates, https://www.bls.gov/oes/current/999001.htm#23- enhance the quality, utility and clarity 0000 (accessed May 4, 2020).

VerDate Sep<11>2014 21:18 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00109 Fmt 4703 Sfmt 9990 E:\FR\FM\02JYN1.SGM 02JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Vol. 85 Thursday, No. 128 July 2, 2020

Part II

Environmental Protection Agency

40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing Residual Risk and Technology Review; Final Rule

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39980 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

ENVIRONMENTAL PROTECTION form. Publicly available docket ERPG Emergency Response Planning AGENCY materials are available either Guideline electronically through https:// FTIR Fourier Transform Infrared 40 CFR Part 63 www.regulations.gov/, or in hard copy at H2S hydrogen sulfide HAP hazardous air pollutants(s) [EPA–HQ–OAR–2018–0415; FRL–10006–76– the EPA Docket Center, WJC West HCl hydrochloric acid OAR] Building, Room Number 3334, 1301 HEC hydroxyethyl cellulose Constitution Ave. NW, Washington, DC. HI hazard index RIN 2060–AU23 The Public Reading Room hours of IBR incorporation by reference ICR information collection request National Emission Standards for operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday km kilometers Hazardous Air Pollutants: Cellulose km2 square kilometers Products Manufacturing Residual Risk through Friday. The telephone number for the Public Reading Room is (202) lbs/yr pounds per year and Technology Review MACT maximum achievable control 566–1744, and the telephone number for technology AGENCY: Environmental Protection the EPA Docket Center is (202) 566– MC methyl cellulose Agency (EPA). 1742. mg/kg-day milligrams per kilogram per day ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: For MIR maximum individual risk questions about this final action, contact MVP Miscellaneous Viscose Processes SUMMARY: NAAQS National Ambient Air Quality This action finalizes the Dr. Kelley Spence, Sector Policies and residual risk and technology review Standards Programs Division (E143–03), Office of NAICS North American Industry (RTR) conducted for the Miscellaneous Air Quality Planning and Standards, Viscose Processes and Cellulose Ether Classification System U.S. Environmental Protection Agency, NaOH sodium hydroxide Production source categories regulated Research Triangle Park, North Carolina NESHAP national emission standards for under the National Emission Standards 27711; telephone number: (919) 541– hazardous air pollutants for Hazardous Air Pollutants (NESHAP) 3158; fax number: (919) 541–0516; and ng/dscm nanograms per dry standard cubic for Cellulose Products Manufacturing. email address: [email protected]. meter NRDC National Resources Defense Council The EPA is finalizing the proposed For specific information regarding the determination that the risks from both NTTAA National Technology Transfer and risk modeling methodology, contact Mr. Advancement Act source categories are acceptable and that James Hirtz, Health and Environmental the current NESHAP provides an ample OMB Office of Management and Budget Impacts Division (C539–02), Office of PB–HAP hazardous air pollutants known to margin of safety to protect public health. Air Quality Planning and Standards, be persistent and bio-accumulative in the The EPA identified no new cost- U.S. Environmental Protection Agency, environment effective controls under the technology Research Triangle Park, North Carolina PRA Paperwork Reduction Act review to achieve further emissions 27711; telephone number: (919) 541– RFA Regulatory Flexibility Act reductions. These final amendments 0881; fax number: (919) 541–0840; and RIA Regulatory Impact Analysis RTR residual risk and technology review address emissions during startup, email address: [email protected]. For shutdown, and malfunction (SSM) SSM startup, shutdown, and malfunction information about the applicability of TOSHI target organ-specific hazard index events; add electronic reporting the NESHAP to a particular entity, requirements; add provisions for the Court the United States Court of contact Ms. Maria Malave, Office of Appeals for the District of Columbia periodic emissions performance testing Enforcement and Compliance Assurance Circuit for facilities using non-recovery control (2227A), U.S. Environmental Protection tpy tons per year devices; add a provision allowing more Agency, WJC South Building, 1200 UMRA Unfunded Mandates Reform Act flexibility for monitoring of biofilter Pennsylvania Ave. NW, Washington, DC VCS voluntary consensus standards control devices; and make technical and 20460; telephone number: (202) 564– VOC volatile organic compounds editorial changes. Although these 7027; and email address: Background information. The EPA is amendments are not expected to reduce [email protected]. finalizing the September 9, 2019, emissions of hazardous air pollutants SUPPLEMENTARY INFORMATION: proposed determinations regarding the (HAP), they will improve monitoring, Preamble acronyms and Cellulose Products Manufacturing compliance, and implementation of the abbreviations. We use multiple NESHAP RTR and the proposed rule. acronyms and terms in this preamble. revisions to this NESHAP to address DATES: This final rule is effective on July While this list may not be exhaustive, to emissions during SSM events and to 2, 2020. The incorporation by reference ease the reading of this preamble and for improve monitoring, compliance, and (IBR) of certain publications listed in reference purposes, the EPA defines the implementation. We summarize some of the rule is approved by the Director of following terms and acronyms here: the more significant comments received the Federal Register as of July 2, 2020. regarding the proposed rule and provide %R percent recovery ADDRESSES: The U.S. Environmental ASTM American Society for Testing and our responses in this preamble. A Protection Agency (EPA) has established Materials summary of the public comments on the a docket for this action under Docket ID CAA Clean Air Act proposal not discussed in this preamble No. EPA–HQ–OAR–2018–0415. All CDX Central Data Exchange and the EPA’s responses to those documents in the docket are listed on CEDRI Compliance and Emissions Data comments is available in the the https://www.regulations.gov/ Reporting Interface memorandum titled National Emissions website. Although listed, some CEMS continuous emission monitoring Standards for Hazardous Air Pollutants: information is not publicly available, system Cellulose Products Manufacturing (40 e.g., Confidential Business Information CEP Cellulose Ethers Production CFR part 63, subpart UUUU) Residual CFR Code of Federal Regulations or other information whose disclosure is CMC carboxymethyl cellulose Risk and Technology Review, Final restricted by statute. Certain other CPMS continuous parameter monitoring Amendments—Response to Public material, such as copyrighted material, system Comments on September 9, 2019 is not placed on the internet and will be CS2 carbon disulfide Proposal, Docket ID No. EPA–HQ– publicly available only in hard copy EPA Environmental Protection Agency OAR–2018–0415. A ‘‘track changes’’

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39981

version of the regulatory language that E. What are the effective and compliance B. Executive Order 13771: Reducing incorporates the changes in this action dates of the standards? Regulations and Controlling Regulatory is available in the docket. IV. What is the rationale for our final Costs Organization of this document. The decisions and amendments for the C. Paperwork Reduction Act (PRA) information in this preamble is source category? D. Regulatory Flexibility Act (RFA) A. Residual Risk Review E. Unfunded Mandates Reform Act organized as follows: B. Technology Review (UMRA) I. General Information C. Removal of the SSM Exemption F. Executive Order 13132: Federalism A. Does this action apply to me? D. Five-Year Periodic Emissions Testing G. Executive Order 13175: Consultation B. Where can I get a copy of this document E. Electronic Reporting and Coordination With Indian Tribal and other related information? F. Changes to the Monitoring Requirements Governments C. Judicial Review and Administrative for Biofilter Control Devices H. Executive Order 13045: Protection of Reconsideration G. IBR Under 1 CFR Part 51 for the Children From Environmental Health II. Background Cellulose Products Manufacturing Risks and Safety Risks A. What is the statutory authority for this NESHAP I. Executive Order 13211: Actions action? H. Technical and Editorial Changes for the Concerning Regulations That B. What is the source category and how Cellulose Products Manufacturing Significantly Affect Energy Supply, does the NESHAP regulate HAP NESHAP Distribution, or Use emissions from the source category? V. Summary of Cost, Environmental, and J. National Technology Transfer and C. What changes did we propose for the Economic Impacts and Additional Advancement Act (NTTAA) and 1 CFR Cellulose Products Manufacturing Analyses Conducted Part 51 NESHAP in our September 9, 2019, A. What are the affected facilities? K. Executive Order 12898: Federal Actions proposal? B. What are the air quality impacts? to Address Environmental Justice in III. What is included in this final rule? C. What are the cost impacts? Minority Populations and Low-Income A. What are the final rule amendments D. What are the economic impacts? Populations based on the risk review for the source E. What are the benefits? L. Congressional Review Act (CRA) category? F. What analysis of environmental justice B. What are the final rule amendments did we conduct? I. General Information based on the technology review for the G. What analysis of children’s source category? environmental health did we conduct? A. Does this action apply to me? C. What are the final rule amendments VI. Statutory and Executive Order Reviews addressing emissions during periods of A. Executive Orders 12866: Regulatory Regulated entities. Categories and SSM? Planning and Review and Executive entities potentially regulated by this D. What other changes have been made to Order 13563: Improving Regulation and action are shown in Table 1 of this the NESHAP? Regulatory Review preamble.

TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION

Source category NESHAP NAICS code 1

Miscellaneous Viscose Processes ...... Cellulose Products Manufacturing ...... 325211, 325220, 326121, 326199. Cellulose Ethers Production ...... Cellulose Products Manufacturing ...... 325199. 1 North American Industry Classification System.

Table 1 of this preamble is not standards. Following publication in the enforce the requirements. Section intended to be exhaustive, but rather to Federal Register, the EPA will post the 307(d)(7)(B) of the CAA further provides provide a guide for readers regarding Federal Register version at this same that only an objection to a rule or entities likely to be affected by the final website. procedure which was raised with action for the source categories listed. Additional information is available on reasonable specificity during the period To determine whether your facility is the RTR website at https:// for public comment (including any affected, you should examine the www.epa.gov/stationary-sources-air- public hearing) may be raised during applicability criteria in the appropriate pollution/risk-and-technology-review- judicial review. This section also NESHAP. If you have any questions national-emissions-standards- provides a mechanism for the EPA to regarding the applicability of any aspect hazardous. This information includes reconsider the rule if the person raising of this NESHAP, please contact the an overview of the RTR program and an objection can demonstrate to the appropriate person listed in the links to project websites for the RTR Administrator that it was impracticable preceding FOR FURTHER INFORMATION source categories. to raise such objection within the period CONTACT section of this preamble. for public comment or if the grounds for C. Judicial Review and Administrative such objection arose after the period for B. Where can I get a copy of this Reconsideration document and other related public comment (but within the time information? Under Clean Air Act (CAA) section specified for judicial review) and if such 307(b)(1), judicial review of this final objection is of central relevance to the In addition to being available in the action is available only by filing a outcome of the rule. Any person seeking docket, an electronic copy of this final petition for review in the United States to make such a demonstration should action will also be available on the Court of Appeals for the District of submit a Petition for Reconsideration to internet. Following signature by the Columbia Circuit (the Court) by August the Office of the Administrator, U.S. EPA Administrator, the EPA will post a 31, 2020. Under CAA section 307(b)(2), EPA, Room 3000, WJC South Building, copy of this final action at: https:// the requirements established by this 1200 Pennsylvania Ave. NW, www.epa.gov/stationary-sources-air- final rule may not be challenged Washington, DC 20460, with a copy to pollution/cellulose-products- separately in any civil or criminal both the person(s) listed in the manufacturing-national-emission- proceedings brought by the EPA to preceding FOR FURTHER INFORMATION

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39982 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

CONTACT section, and the Associate control options that are more stringent 1. Miscellaneous Viscose Processes General Counsel for the Air and than the floor under CAA section The MVP source category includes Radiation Law Office, Office of General 112(d)(2). The Agency may establish any facility engaged in the production of Counsel (Mail Code 2344A), U.S. EPA, standards more stringent than the floor cellulose food casings, rayon, 1200 Pennsylvania Ave. NW, based on the consideration of the cost of cellophane, or cellulosic sponges, which Washington, DC 20460. achieving the emissions reductions, any includes the following process steps: II. Background non-air quality health and Production of alkali cellulose from environmental impacts, and energy cellulose and sodium hydroxide A. What is the statutory authority for requirements. (NaOH); production of sodium cellulose this action? In the second stage of the regulatory xanthate from alkali cellulose and Section 112 of the CAA establishes a process, the CAA requires the EPA to carbon disulfide (CS2) (xanthation); two-stage regulatory process to address undertake two different analyses, which production of viscose from sodium emissions of HAP from stationary we refer to as the technology review and cellulose xanthate and NaOH solution; sources. In the first stage, the EPA must the residual risk review. Under the regeneration of liquid viscose into solid identify categories of sources emitting technology review, the EPA must review cellulose; 2 and washing of the solid one or more of the HAP listed in CAA the technology-based standards and cellulose product (see 65 FR 52171–2, section 112(b) and then promulgate revise them ‘‘as necessary (taking into August 28, 2000). technology-based NESHAP for those account developments in practices, There are currently five MVP facilities sources. ‘‘Major sources’’ are those that processes, and control technologies)’’ no in operation in the United States. While emit, or have the potential to emit, any less frequently than every 8 years, the NESHAP includes standards for single HAP at a rate of 10 tons per year pursuant to CAA section 112(d)(6). rayon manufacturing, all rayon plants in (tpy) or more, or 25 tpy or more of any Under the residual risk review, the EPA the U.S. have shut down since combination of HAP. For major sources, must evaluate the risk to public health promulgation of the original rule. these standards are commonly referred remaining after application of the The Cellulose Products Manufacturing NESHAP includes to as maximum achievable control technology-based standards and revise emission limits, operating limits, and technology (MACT) standards and must the standards, if necessary, to provide work practice standards for MVP reflect the maximum degree of emission an ample margin of safety to protect emission sources. MVP operations are reductions of HAP achievable (after public health or to prevent, taking into required to reduce the total sulfide considering cost, energy requirements, consideration costs, energy, safety, and emissions from their process vents and and non-air quality health and other relevant factors, an adverse control the CS emissions from their CS environmental impacts). In developing environmental effect. The residual risk 2 2 MACT standards, CAA section 112(d)(2) unloading and storage operations. review is required within 8 years after directs the EPA to consider the Cellophane operations are required to promulgation of the technology-based application of measures, processes, reduce the toluene emissions from their standards, pursuant to CAA section methods, systems, or techniques, solvent coating operations and toluene 112(f). In conducting the residual risk including, but not limited to, those that storage vessels. Additionally, MVP review, if the EPA determines that the reduce the volume of or eliminate HAP operations must comply with work current standards provide an ample emissions through process changes, practice standards for closed-vent margin of safety to protect public health, substitution of materials, or other systems and heat exchanger systems. it is not necessary to revise the MACT modifications; enclose systems or The NESHAP also includes various standards pursuant to CAA section processes to eliminate emissions; operating limits, initial performance 112(f).1 collect, capture, or treat HAP when For more information on the tests, ongoing monitoring using released from a process, stack, storage, statutory authority for this rule, see 84 continuous parameter monitoring or fugitive emissions point; are design, FR 47348, September 9, 2019. systems (CPMS) and continuous equipment, work practice, or B. What is the source category and how emissions monitoring systems (CEMS), operational standards; or any does the NESHAP regulate HAP recordkeeping, and reporting. The rule combination of the above. emissions from the source category? was amended in June 2005 (70 FR For these MACT standards, the statute 36524) to correct the definition for specifies certain minimum stringency The EPA promulgated the Cellulose ‘‘viscose process change’’ under 40 CFR requirements, which are referred to as Products Manufacturing NESHAP on 63.5610. MACT floor requirements, and which June 11, 2002 (67 FR 40044). The 2. Cellulose Ethers Production may not be based on cost standards are codified at 40 CFR part 63, considerations. See CAA section subpart UUUU. The cellulose products The CEP source category includes any 112(d)(3). For new sources, the MACT manufacturing industry includes the facility engaged in the production of floor cannot be less stringent than the Miscellaneous Viscose Processes (MVP) carboxymethyl cellulose (CMC), emission control achieved in practice by source category and the Cellulose Ethers hydroxyethyl cellulose (HEC), the best-controlled similar source. The Production (CEP) source category. The hydroxypropyl cellulose (HPC), methyl MACT standards for existing sources sections below provide details on each cellulose (MC), or hydroxypropyl can be less stringent than floors for new source category and how the NESHAP methyl cellulose (HPMC), which sources, but they cannot be less regulates the HAP emissions from each stringent than the average emission source category. 2 The MVP operations use different methods and equipment to complete the regeneration step. limitation achieved by the best- Cellulose food casing operations extrude viscose performing 12 percent of existing 1 The Court has affirmed this approach of through a die, forming a tube, while rayon sources in the category or subcategory implementing CAA section 112(f)(2)(A): NRDC v. operations extrude viscose through spinnerets, (or the best-performing five sources for EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008) (‘‘If EPA forming thin strands. Cellophane operations determines that the existing technology-based extrude viscose through a long slit, forming a flat categories or subcategories with fewer standards provide an ‘ample margin of safety,’ then sheet, while cellulosic sponge operations feed a than 30 sources). In developing MACT the Agency is free to readopt those standards during mixture of viscose and Glauber’s salt into a sponge standards, the EPA must also consider the residual risk rulemaking.’’). mold.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39983

includes the following process steps: compliance notifications, semiannual A. What are the final rule amendments Production of alkali cellulose from reports and performance test reports based on the risk review for the source cellulose and NaOH; reaction of the using the EPA’s Compliance and category? alkali cellulose with one or more Emissions Data Reporting Interface 1. Miscellaneous Viscose Processes organic chemicals to produce a cellulose (CEDRI); ether product; 3 washing and The EPA is finalizing its proposed • amendments to the operating limits purification of the cellulose ether finding that risk due to emissions of air product; and drying of the cellulose and compliance requirements in 40 CFR toxics from this source category is ether product (see 65 FR 52171; August 63.5535(i)(7) to allow facilities the acceptable, and is finalizing its 28, 2000). flexibility to monitor conductivity as an proposed determination that the current There are currently three CEP alternative to pH monitoring for NESHAP provides an ample margin of facilities in operation in the United determining compliance of biofilter safety to protect public health and States. The Cellulose Products control devices; prevent an adverse environmental Manufacturing NESHAP includes • revision of the requirements in 40 effect. Based on these determinations, emission limits, operating limits, and we are not finalizing any revisions to CFR 63.5505 to clarify that CS2 storage work practice standards for CEP tanks that are part of a submerged the Cellulose Products Manufacturing NESHAP based on the analyses emission sources. CEP operations are unloading and storage operation subject conducted under CAA section 112(f) for required to control the HAP emissions to 40 CFR part 63, subpart UUUU, is not from their process vents, wastewater, the MVP source category, and we are subject to 40 CFR part 60, subpart Kb; equipment leaks, and liquid streams in readopting the standards. • revision of the performance test open systems. Additionally, CEP 2. Cellulose Ethers Production operations must comply with work requirements in 40 CFR 63.5535(b) and practice standards for closed-vent 40 CFR 63.5535(c) to specify the The EPA is finalizing its proposed systems and heat exchanger systems. conditions for conducting performance finding that risk due to emissions of air The NESHAP also includes various tests; toxics from this source category is operating limits, initial performance • acceptable, and is finalizing its revisions to Table 4 to Subpart proposed determination that the current tests, ongoing monitoring using CPMS UUUU of Part 63 to correct an error in and CEMS, recordkeeping, and NESHAP provides an ample margin of the reference to a test method appendix; reporting. The rule was amended in safety to protect public health and June 2005 (70 FR 36524) to correct the • revisions to the performance test prevent an adverse environmental definition for ‘‘cellulose ether process requirements in Table 4 to Subpart effect. Based on these determinations, change’’ under 40 CFR 63.5610. UUUU of Part 63 to add IBR for ASTM we are not finalizing any revisions to D6420–99 (Reapproved 2010), ASTM the Cellulose Products Manufacturing C. What changes did we propose for the D5790–95 (Reapproved 2012), and NESHAP based on the analyses Cellulose Products Manufacturing conducted under CAA section 112(f) for NESHAP in our September 9, 2019, ASTM D6348–12e1; • the CEP source category, and we are proposal? revision to the reporting readopting the standards. requirements in 40 CFR 63.5580 and the On September 9, 2019, the EPA B. What are the final rule amendments published a proposed rule in the reporting and recordkeeping requirements in Tables 8 and 9 to based on the technology review for the Federal Register for the Cellulose source category? Products Manufacturing NESHAP, 40 Subpart UUUU of Part 63 to include the CFR part 63, subpart UUUU, that requirements to record and report 1. Miscellaneous Viscose Processes presented the results of the RTR information on failures to meet the The EPA is finalizing its proposed analyses, proposed RTR determinations, applicable standard and the corrective determination that there are no and several proposed rule changes. actions taken; and developments in practices, processes, Based on our RTR analyses, the EPA • revisions to the General Provisions and control technologies that warrant proposed to determine that the risks applicability table (Table 10 to Subpart revisions to the MACT standards for this from the source categories covered by UUUU of Part 63) to align with those source category. Therefore, we are not the Cellulose Products Manufacturing sections of the General Provisions that finalizing any revisions to the MACT NESHAP are acceptable, that the current have been amended or reserved over standards under CAA section 112(d)(6). NESHAP provides an ample margin of time. safety to protect public health, and that 2. Cellulose Ethers Production no new cost-effective controls are III. What is included in this final rule? The EPA is finalizing its proposed available that would achieve further determination that there are no emissions reductions. This action finalizes the EPA’s developments in practices, processes, The proposed rule changes included determinations pursuant to the RTR and control technologies that warrant the following: provisions of CAA section 112 for the revisions to the MACT standards for this • Amendments to the SSM MVP and the CEP source categories. source category. Therefore, we are not provisions; This action also finalizes changes to the finalizing any revisions to the MACT • new periodic air emissions Cellulose Products Manufacturing standards under CAA section 112(d)(6). performance testing for facilities that NESHAP, including removal of the SSM C. What are the final rule amendments use non-recovery control devices; exemption, addition of electronic • addressing emissions during periods of new reporting provisions requiring reporting, addition of periodic SSM? affected sources to electronically submit emissions performance testing, amendments allowing more flexibility The EPA is finalizing the proposed 3 To produce CMC, HEC, HPC, MC, and HPMC, for monitoring of biofilter control amendments to the Cellulose Products alkali cellulose is reacted with chloroacetic acid, Manufacturing NESHAP to remove and ethylene oxide, propylene oxide, methyl chloride, devices, and other clarifications and and a combination of methyl chloride and corrections. revise provisions related to SSM. In its propylene oxide, respectively. 2008 decision in Sierra Club v. EPA, 551

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39984 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

F.3d 1019 (D.C. Cir. 2008), the Court malfunctions where feasible. For the periodic emissions tests will ensure vacated portions of two provisions in MVP source category and the CEP control devices are properly maintained the EPA’s CAA section 112 regulations source category, it is unlikely that a over time, thereby reducing the governing the emissions of HAP during malfunction would result in a violation potential for acute emissions episodes. periods of SSM. Specifically, the Court of the standards. Facilities using The electronic reporting provisions vacated the SSM exemption contained thermal oxidizers as pollution control require owners and operators to submit in 40 CFR 63.6(f)(1) and 40 CFR equipment indicated in the 2018 all initial notifications, compliance 63.6(h)(1), holding that under section information collection survey that notifications, performance test reports, 302(k) of the CAA, emissions standards interlocks shut down processes when an performance evaluation reports, and or limitations must be continuous in oxidizer malfunction occurs, and semiannual reports electronically nature and that the SSM exemption facilities may also have back-up through the EPA’s Central Data violates the CAA’s requirement that oxidizers that could be used to treat the Exchange (CDX) using CEDRI. A some CAA section 112 standards apply emissions. Refer to section IV.D.1 of the description of the electronic data continuously. As detailed in section preamble to the proposed rule for submission process is provided in the IV.D of the preamble to the proposed further discussion of the EPA’s rationale memorandum, Electronic Reporting rule (84 FR 47366, September 9, 2019), for the decision not to set standards for Requirements for New Source the EPA proposed to eliminate the SSM malfunctions, as well as a discussion of Performance Standards (NSPS) and exemption in 40 CFR 63.5515(a) so that the actions a source could take in the National Emission Standards for the Cellulose Products Manufacturing unlikely event that a source fails to Hazardous Air Pollutants (NESHAP) NESHAP would apply at all times (see comply with the applicable CAA section Rules, available at Docket ID Item No. 40 CFR 63.5515(a)), including during 112(d) standards as a result of a EPA–HQ–OAR–2018–0415–0058. SSM events, consistent with the Court malfunction event, given administrative The new biofilter effluent decision in Sierra Club v. EPA, 551 F. and judicial procedures for addressing conductivity monitoring will allow 3d 1019 (D.C. Cir. 2008). In addition to exceedances of the standards fully owners and operators the flexibility to proposing that the SSM exemption be recognize that violations may occur monitor either conductivity or pH to eliminated, we proposed to remove the despite good faith efforts to comply and determine continuous compliance of requirement for sources to develop and can accommodate those situations. biofilter control devices with the maintain an SSM plan, as well as As is explained in more detail below, standards. certain recordkeeping and reporting the EPA is finalizing revisions to the In addition to these new provisions related to the SSM Table 10 to Subpart UUUU of Part 63— requirements, we are also finalizing exemption. Applicability of General Provisions to several technical and editorial The EPA is finalizing the proposed Subpart UUUU, to eliminate corrections and incorporating by revision of 40 CFR 63.5515(a) to requirements that include rule language reference three test method standards, eliminate the SSM exemption. The EPA providing an exemption for periods of in accordance with the provisions of 1 is also finalizing the removal of the SSM SSM. Additionally, we are finalizing our CFR 51.5. For more information on exemption in 40 CFR 63.5555(d) that proposal to eliminate language related these changes, see 84 FR 47370–47371, states deviations that occur during SSM to SSM that treats periods of startup and September 9, 2019. events are not violations if a facility shutdown the same as periods of E. What are the effective and meets the general duty requirements. In malfunction, as explained further compliance dates of the standards? addition, we are updating the references below. Finally, we are finalizing our in Table 10 to Subpart UUUU of Part proposal to revise reporting and record The revisions to the NESHAP being 63—Applicability of General Provisions keeping requirements as they relate to promulgated in this action are effective to Subpart UUUU, including the malfunctions, as further described on July 2, 2020. For sources that references to 40 CFR 63.6(f)(1) and below. As discussed in the proposal commenced construction or (h)(1)—the provisions vacated by Sierra preamble, these revisions are consistent reconstruction before the notice of Club v. EPA. Consistent with that with the requirement in 40 CFR proposed rulemaking was published on decision, the standards in this rule will 63.5515(a) that the standards apply at September 9, 2019, the deadline to now apply at all times. We are also all times. Refer to section IV.C of this comply with the amendments in this revising Table 10 to Subpart UUUU of preamble for a detailed discussion of rulemaking is no later than 180 days Part 63 to change several references these amendments. after the effective date of the final rule. related to requirements that apply Affected sources that commenced D. What other changes have been made during periods of SSM. For example, we construction or reconstruction after to the NESHAP? are eliminating the incorporation of the September 9, 2019, must comply with General Provisions’ requirement that The EPA is finalizing new all of the requirements of the subpart, sources develop an SSM plan. We also requirements for periodic emissions including the amendments, immediately are eliminating and revising certain testing, electronic reporting, and upon the effective date of the standard, recordkeeping and reporting biofilter effluent conductivity July 2, 2020, or upon startup, whichever requirements related to the SSM monitoring. The periodic emissions is later. exemption. testing is part of an ongoing effort to Through our work with other similar The EPA did not propose separate improve compliance with various industries required to convert to standards for malfunctions. As federal air emission regulations. The electronic reporting, the EPA has found discussed in section IV.D.1 of the new provisions require facilities that a period of 180 days is generally September 9, 2019 proposal preamble, use non-recovery control devices to necessary to successfully install the EPA interprets CAA section 112 as conduct periodic air emissions necessary hardware and software; not requiring emissions that occur performance testing, with the first of the become familiar with the process of during periods of malfunction to be periodic performance tests to be submitting performance test results factored into development of CAA conducted within July 2, 2023, and electronically through the EPA’s CEDRI; section 112 standards, although the EPA thereafter no longer than 5 years test these new electronic submission has the discretion to set standards for following the previous test. The capabilities; and reliably employ

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39985

electronic reporting. Our experience before September 9, 2019, was necessary flouride) identified in the emissions with similar industries has shown that to avoid scheduling issues that may inventory. The assessment of facility- facilities generally require a time period arise as affected sources compete for a wide emissions indicated that none of of 180 days to read and understand the limited number of testing contractors. the five MVP facilities have a facility- wide maximum individual cancer risk amended rule requirements; evaluate IV. What is the rationale for our final (MIR) greater than 1-in-1 million and their operations to ensure that they can decisions and amendments for the the maximum facility-wide cancer risk meet the standards during SSM periods source category? and make any necessary adjustments; is 1-in-1 million, driven by adjust parameter monitoring and For each issue, this section provides formaldehyde, cadmium compounds, recording systems to accommodate a description of what we proposed and and nickel compounds from a non- revisions; and update their operations to what we are finalizing for the issue, the category fugitive area source. The total reflect the revised requirements. Based EPA’s rationale for the final decisions estimated facility-wide cancer incidence on our assessment of the timeframe and amendments, and a summary of key is 0.00006 excess cancer cases per year, needed for facilities to comply with the comments and responses. For all or one case in every 16,700 years, with amended rule, the EPA determined that comments not discussed in this zero people estimated to have cancer a compliance date of within 180 days of preamble, comment summaries and the risks greater than 1-in-1 million. The the final rule’s effective date was EPA’s responses can be found in the maximum facility-wide chronic practicable. In the proposal, we solicited comment summary and response noncancer TOSHI is estimated to be less comment on whether the 180-day document available in the docket, than 1, driven by source category compliance period was reasonable and Docket ID No. EPA–HQ–OAR–2018– emissions of CS2 from viscose process specifically requested sources provide 0415. equipment. information regarding the specific A. Residual Risk Review The risk assessment for this source actions they would need to undertake to category is contained in the report titled comply with the amended rule. We 1. Miscellaneous Viscose Processes Residual Risk Assessment for the received no feedback on the proposed a. What did we propose pursuant to Miscellaneous Viscose Processes Source compliance deadlines. From our CAA section 112(f) for the source Category in Support of the 2020 Risk assessment of the timeframe needed for category? and Technology Review Final Rule, which can be found in the docket for compliance with the entirety of the The EPA estimated risks based on revised requirements, the EPA considers this action (Docket ID No. EPA–HQ– actual and allowable emissions from OAR–2018–0415). a period of 180 days to be the most MVP sources subject to the Cellulose expeditious compliance period Products Manufacturing NESHAP. For b. How did the risk review change for practicable. Thus, all sources existing at the MVP source category, we estimated the source category? the time the proposed rulemaking was the chronic baseline inhalation cancer The EPA has not made any changes to published on September 9, 2019, must risk to be less than 1-in-1 million, with either the risk assessment or our be in compliance with all of this the risk driver being acetaldehyde determinations regarding risk regulation’s revised requirements within emissions from viscose process acceptability, ample margin of safety, or 180 days of the regulation’s effective equipment. The total estimated cancer adverse environmental effects for the date. incidence from MVP emission sources MVP source category since the proposal The final rule also requires sources based on actual and allowable emission was published on September 9, 2019. that use a non-recovery control device levels is 0.000006 excess cancer cases We are finalizing the risk review as to comply with the standards to conduct per year, or one case in every 167,000 proposed with no changes (84 FR 47346, periodic performance tests every 5 years. Emissions of acetaldehyde September 9, 2019). years. Each source that commenced contributed 100 percent to this cancer construction or reconstruction on or incidence. Based on actual and c. What key comments did we receive before September 9, 2019, and uses a allowable emissions, no people are on the risk review, and what are our non-recovery control device to comply exposed to cancer risks greater than or responses? with the standards must conduct the equal to 1-in-1 million. The maximum The EPA did not receive any first periodic performance test on or chronic noncancer target organ-specific comments specific to the MVP risk before July 3, 2020, and conduct hazard index (TOSHI) values for the review and proposed results. We subsequent periodic performance tests source category, based on actual and received comments from one no later than 5 years thereafter following allowable emissions, are estimated to be commenter opposing our proposed risk the previous performance test. For each less than 1. Based on actual and assessment and determination that no new and reconstructed affected source allowable emissions, CS2 emissions revision to the standards is warranted that commences construction or from viscose process equipment are the under CAA section 112(f)(2). Generally, reconstruction after September 9, 2019, risk driver for respiratory risks. For the the commenter was not supportive of and uses a non-recovery control device acute risk assessment, the maximum the acceptability and ample margin of to comply with the standards, the refined offsite acute noncancer hazard safety determinations and suggested owners and operators must conduct the quotient (HQ) value for the MVP source changes to the underlying risk first periodic performance test no later category is less than 1 from CS2 assessment methodology. Examples of than 5 years following the initial emissions (based on the acute (1-hour) the commenter’s suggested changes to performance test required by 40 CFR ERPG–1 for CS2). We proposed that the EPA’s risk assessment methodology 63.5535 and conduct subsequent environmental and multipathway risks included lowering the presumptive periodic performance tests no later than are not an issue for the MVP source limit of acceptability for cancer risks to 5 years thereafter following the previous category because there are no HAP below 100-in-1 million, including performance test. We determined that a known to be persistent and bio- emissions outside of the source compliance date of 3 years for the first accumulative in the environment (PB– categories in question in the risk periodic performance test for sources HAP), lead compounds, or acid gases assessment, and assuming that constructed or reconstructed on or (hydrochloric acid (HCl) or hydrogen pollutants with noncancer health risks

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39986 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

have no safe level of exposure. The risk driver being ethylene oxide concentration around each facility (i.e., comments and information provided by emissions from cellulose ether process the average concentration of all off-site the commenter did not change our risk equipment used to produce HEC. The data points in the modeling domain) did analyses or the proposed results that total estimated cancer incidence from not exceed any ecological benchmark. In risks from the MVP source category are CEP emission sources based on actual addition, each individual modeled acceptable and provide an ample margin and allowable emission levels is 0.01 concentration of HCl (i.e., each off-site of safety. excess cancer cases per year, or one case data point in the modeling domain) was For detailed summaries and responses in every 100 years. Emissions of below the ecological benchmarks for all to comments, see the memorandum in ethylene oxide contributed 99 percent to facilities. Based on the results of the the docket, National Emission this cancer incidence based on actual environmental risk screening analysis, Standards for Hazardous Air Pollutants: emissions. Based on actual or allowable we do not expect an adverse Cellulose Products Manufacturing (40 emissions, 105,000 people are exposed environmental effect as a result of HAP CFR part 63, subpart UUUU) Residual to cancer risks greater than or equal to emissions from this source category. Risk and Technology Review, Final 1-in-1 million. The maximum chronic Results of the assessment of facility- Amendments—Response to Public noncancer hazard index (TOSHI) values wide emissions indicate that all three Comments on September 9, 2019 for the source category, based on actual facilities modeled have a facility-wide Proposal (Docket ID No. EPA–HQ– and allowable emissions, are estimated MIR cancer risk greater than 1-in-1 OAR–2018–0415). to be less than 1. Based on actual and million. The maximum facility-wide cancer risk is 500-in-1 million, mainly d. What is the rationale for our final allowable emissions, respiratory risks are driven by chlorine emissions from driven by ethylene oxide from sources approach and final decisions for the risk outside the source category, including review? cellulose ether process equipment. The maximum refined offsite acute holding ponds, storage tanks, tank truck As noted in the proposal, the EPA sets noncancer HQ value for the source unloading, and equipment/vent standards under CAA section 112(f)(2) category is less than 1 from methanol releases. The next highest cancer risk using ‘‘a two-step standard-setting emissions from cellulose ether process was 80-in-1 million, based on whole facility emissions of ethylene oxide. The approach, with an analytical first step to equipment (based on the acute (1-hour) total estimated cancer incidence from determine an ‘acceptable risk’ that reference exposure level for methanol). the whole facility is 0.04 excess cancer considers all health information, The highest HQ is based on an hourly cases per year, or one case in every 25 including risk estimation uncertainty, emissions multiplier of 10 times the years, with 570,000 people estimated to and includes a presumptive limit on annual emissions rate. Acute HQs were have cancer risks greater than 1-in-1 MIR of ‘approximately 1-in-10 not calculated for allowable or whole million and 2,000 people with risks thousand’ ’’ (see 54 FR 38045, facility emissions. For the multipathway greater than 100-in-1 million. The September 14, 1989). We weigh all risk screening, one facility within the maximum facility-wide chronic health risk factors in our risk CEP source category reported emissions noncancer TOSHI is estimated to be acceptability determination, including of multipathway pollutants of lead equal to 4, driven by emissions of the cancer MIR, cancer incidence, the compounds, carcinogenic PB–HAP chlorine from non-category sources. maximum cancer TOSHI, the maximum (arsenic), and noncarcinogenic PB–HAP acute noncancer HQ, the extent of The risk assessment for this source (cadmium and mercury). Results of the category are contained in the report noncancer risks, the distribution of worst-case Tier 1 screening analysis cancer and noncancer risks in the titled Residual Risk Assessment for the indicate that PB–HAP emissions (based Cellulose Ethers Production Source exposed population, and the risk on estimates of actual emissions) estimation uncertainties. Category in Support of the 2020 Risk emitted from the facility exceeded the and Technology Review Final Rule, The EPA evaluated all of the screening values for the carcinogenic comments on the risk review and which can be found in the docket for PB–HAP (arsenic compounds) by a this action. determined that no changes to the factor of 2, and for the noncarcinogenic review are needed. For the reasons PB–HAP (cadmium and mercury) is b. How did the risk review change for explained in the proposal, we equal to the Tier 1 screening value of 1. the source category? determined that the risks from the MVP Based on this Tier 1 screening The EPA did not make any changes to source category are acceptable, and the assessment for carcinogens, the arsenic, either the risk assessments or our current standards provide an ample cadmium, and mercury emission rates determinations regarding risk margin of safety to protect public health for the single facility are below our level acceptability, ample margin of safety, or and prevent an adverse environmental of concern. The highest annual average adverse environmental effects for the effect. Therefore, pursuant to CAA lead concentration of 0.00001 CEP source category since the proposal section 112(f)(2), we are finalizing our milligrams per cubic meter is well was published on September 9, 2019. residual risk review as proposed. below the National Ambient Air Quality We are finalizing the residual risk 2. Cellulose Ethers Production Standard (NAAQS) for lead, indicating review as proposed with no changes (84 a low potential for multipathway FR 47346, September 9, 2019). a. What did we propose pursuant to impacts of concern due to lead. For the CAA section 112(f) for the source environmental risk screening, the three c. What key comments did we receive category? CEP facilities reported emissions of lead on the risk review, and what are our The EPA estimated risks based on compounds, an acid gas (HCl), arsenic, responses? actual and allowable emissions from cadmium, and mercury. In the Tier 1 The EPA received one comment CEP sources subject to the Cellulose screening analysis for PB–HAP, no opposing our proposed risk assessment Products Manufacturing NESHAP. For exceedances of the ecological and determination that no revision to the source category, we estimated the benchmarks evaluated were found. For the standards for the CEP source chronic baseline inhalation cancer risk lead, we did not estimate any category are warranted under CAA using current actual and allowable exceedances of the secondary lead section 112(f)(2). Generally, the emissions to be 80-in-1 million with the NAAQS. For HCl, the average modeled commenter was not supportive of the

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39987

acceptability and ample margin of safety section 112(f)(2), we are finalizing our 8 years, review the emission standards determinations and suggested changes residual risk review as proposed. already promulgated in the NESHAP to the underlying risk assessment and to revise those standards as B. Technology Review methodology. The commenter asserted necessary, taking into account that changes to the EPA’s risk 1. Miscellaneous Viscose Processes developments in practices, processes, assessment methodology were needed, a. What did we propose pursuant to and control technologies. Nothing in including that the EPA should lower its CAA section 112(d)(6) for the source CAA section 112(d)(6) directs the presumptive limit of acceptability for category? Agency, as part of or in conjunction cancer risks to below 100-in-1 million, with the mandatory 8-year technology include emissions outside of the source Pursuant to CAA section 112(d)(6), review, to develop new emission categories in question in the risk the EPA proposed to conclude that no standards to address HAP or emission assessment, and assume that pollutants revisions to the current MACT points for which standards were not with noncancer health risks have no standards for the MVP source category previously promulgated. As shown by safe level of exposure. The commenter are necessary (section IV.C of proposal the statutory text and the structure of supported the proposal’s use of the 2016 preamble, 84 FR 47365, September 9, CAA section 112, CAA section 112(d)(6) Integrated Risk Information System 2019). Based on the review, we did not does not impose upon the Agency any (IRIS) value for ethylene oxide. The identify any developments in practices, obligation to promulgate emission comments and information provided by processes, or control technologies for standards for previously unregulated the commenter did not change our risk the MVP source category, and, therefore, emissions as part of the technology analyses or the proposed results that we did not propose any changes to the review. risks from the CEP source category are standards under CAA section 112(d)(6). When the EPA establishes standards acceptable and provide an ample margin Additional details of our technology for previously unregulated emissions, of safety. review can be found in the we do so pursuant to the provisions that For a detailed summary of the memorandum, Technology Review for govern initial standard setting—CAA comments and our responses, see the the Cellulose Products Manufacturing sections 112(d)(2) and (3) or, if the memorandum in the docket, National Industry—Proposed Rule (Docket ID prerequisites are met, CAA section Emission Standards for Hazardous Air Item No. EPA–HQ–OAR–2018–0415– 112(d)(4) or CAA section 112(h). Pollutants: Cellulose Products 0119). Establishing emissions standards under these provisions of the CAA involves a Manufacturing (40 CFR part 63, subpart b. How did the technology review different analytical approach from UUUU) Residual Risk and Technology change for the source category? reviewing emissions standards under Review, Final Amendments—Response The EPA has not made any changes to CAA section 112(d)(6). to Public Comments on September 9, the technology review for the MVP Though the EPA has discretion to 2019 Proposal. source category since the proposal was develop standards under CAA section d. What is the rationale for our final published on September 9, 2019. We are 112(d)(2) through (4) and CAA section approach and final decisions for the risk finalizing the technology review as 112(h) for previously unregulated review? proposed with no changes (84 FR 47346, pollutants at the same time as the September 9, 2019). Agency completes the CAA section As noted in our proposal, the EPA 112(d)(6) review, any such action would c. What key comments did we receive sets standards under CAA section not be part of the CAA section 112(d)(6) on the technology review, and what are 112(f)(2) using ‘‘a two-step standard- review, and there is no obligation to our responses? setting approach, with an analytical first undertake such actions at the same time step to determine an ‘acceptable risk’ We received comments from one as the CAA section 112(d)(6) review. that considers all health information, commenter that did not support the Additionally, given the court-ordered including risk estimation uncertainty, proposed determination from the deadline of March 13, 2020, we did not and includes a presumptive limit on technology review that no revisions have sufficient time to analyze existing MIR of ‘approximately 1-in-10 were warranted under CAA section data, determine if additional data were thousand’ ’’ (see 54 FR 38045, 112(d)(6). In general, the commenter needed, collect additional data, and September 14, 1989). We weigh all claimed that the EPA failed to consider develop new emission standards. health risk factors in our risk all HAP emitted by the source category Therefore, we are not establishing new acceptability determination, including and that the EPA should set new standards for previously unregulated the cancer MIR, cancer incidence, the standards for previously unregulated emissions as part of this rulemaking. maximum cancer TOSHI, the maximum emission points/pollutants as part of the For detailed summaries and responses acute noncancer HQ, the extent of technology review. regarding the technology review, see the noncancer risks, the distribution of The EPA disagrees with the memorandum in the docket, National cancer and noncancer risks in the commenter’s assertion that the EPA Emission Standards for Hazardous Air exposed population, and the risk failed to consider all HAP emitted and Pollutants: Cellulose Products estimation uncertainties. that we should set new standards for Manufacturing (40 CFR part 63, subpart The EPA evaluated all of the previously unregulated emission points/ UUUU) Residual Risk and Technology comments on the risk review and pollutants as part of the technology Review, Final Amendments—Response determined that no changes to the review. CAA section 112(d)(6) requires to Public Comments on September 9, review are needed. For the reasons the EPA to review and revise, as 2019 Proposal (Docket ID No. EPA–HQ– explained in the proposal, we necessary (taking into account OAR–2018–0415). determined that the risk from the CEP developments in practices, processes, source category is acceptable, and the and control technologies), emission d. What is the rationale for our final current standards provide an ample standards promulgated under this approach for the technology review? margin of safety to protect public health section. The EPA reads CAA section The EPA evaluated all of the and prevent an adverse environmental 112(d)(6) as a limited provision comments on the technology review and effect. Therefore, pursuant to CAA requiring the Agency to, at least every determined that no changes to the

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39988 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

review are needed. Therefore, pursuant dryer absorbers as part of the technology requirements that are not necessary with to CAA section 112(d)(6), we are review. the elimination of the SSM exemption finalizing our technology review as The EPA disagrees with the or are redundant with the general duty proposed. Additional details of our commenter’s assertion that the EPA requirement being added at 40 CFR technology review can be found in the failed to consider all HAP emitted and 63.5515; memorandum titled Technology Review that we should set new standards for • removing the SSM plan for the Cellulose Products previously unregulated emission points/ requirements by changing the Table 10 Manufacturing Industry, which is pollutants as part of the technology entry for 40 CFR 63.6(e)(3) from ‘‘yes’’ available in the docket for this action review. See the discussion of this topic in column 4 to ‘‘no’’; (Docket ID Item No. EPA–HQ–OAR– in section IV.B.1.c of this preamble. • revising the compliance standards 2018–0415–0119). The EPA also disagrees with the in Table 10 by changing the entry for 40 CFR 63.6(f)(1) from ‘‘yes’’ to ‘‘no,’’ 2. Cellulose Ethers Production commenter’s assertion that the EPA failed to consider leak detection and redesignating 40 CFR63.6(h) as 40 CFR a. What did we propose pursuant to repair, fenceline monitoring, process 63.6(h)(1), and changing the ‘‘yes’’ to CAA section 112(d)(6) for the source changes, dry sorbent injection, or spray ‘‘no’’ in column 4; category? dryer absorbers as part of the technology • revising the performance testing Pursuant to CAA section 112(d)(6), review. The Agency did consider these requirements in Table 10 by changing the EPA proposed to conclude that no options but found that they were not the entry for 40 CFR 63.7(e)(1) from revisions to the current MACT appropriate for the CEP emission ‘‘yes’’ in column 4 to a ‘‘no’’ and standards for the CEP source category sources. See the comment response revising 40 CFR 63.5535(b) and 40 CFR are necessary (section IV.C of proposal document, National Emission Standards 63.5535(c) to specify the conditions preamble, 84 FR 47365, September 9, for Hazardous Air Pollutants: Cellulose under which performance tests should Products Manufacturing (40 CFR part be completed; 2019). Our review of the developments • in technology for the source category 63, subpart UUUU) Residual Risk and revising the monitoring did not reveal any changes in practices, Technology Review, Final requirements entries in Table 10 for 40 processes, and controls that warrant Amendments—Response to Public CFR 63.8(c)(1)(i) and (iii) by changing revisions to the emission standards. Comments on September 9, 2019 the ‘‘yes’’ in column 4 to ‘‘no’’ and Based on our review, we did not Proposal, for more details. revising 40 CFR 63.5545(b)(1) to specify identify any developments in practices, the ongoing operation and maintenance d. What is the rationale for our final processes, or control technologies for procedures; approach for the technology review? • the CEP source category, and, therefore, adding a new entry to Table 10 for we did not propose any changes to the We evaluated all of the comments on 40 CFR 63.8(d)(3) with a ‘‘no’’ entered standards under CAA section 112(d)(6). the technology review and determined in column 4 and adding the language in Additional details of our technology that no changes to the review are 40 CFR 63.8(d)(3) to Table 9 except that review can be found in the needed. Therefore, pursuant to CAA the final sentence is replaced with the memorandum, Technology Review for section 112(d)(6), we are finalizing our following: ‘‘The program of corrective the Cellulose Products Manufacturing technology review as proposed. action should be included in the plan required under 40 CFR 63.8(d)(2).’’; Industry—Proposed Rule (Docket ID Additional details of our technology • Item No. EPA–HQ–OAR–2018–0415– review can be found in the revising the recordkeeping 0119). memorandum titled Technology Review requirements in Table 10 by for the Cellulose Products redesignating the entries for 40 CFR b. How did the technology review Manufacturing Industry, which is 63.10(b)(2)(i) through (iv) as 40 CFR change for the source category? available in the docket for this action 63.10(b)(2)(i) and changing the ‘‘yes’’ in The EPA has not made any changes to (Docket ID Item No. EPA–HQ–OAR– column 4 to a ‘‘no’’ and revising the the technology review for the CEP 2018–0415–0119). recordkeeping requirements to Table 9 source category since the proposal was to clarify what records are required for published on September 9, 2019. We are C. Removal of the SSM Exemption SSM events; • finalizing the technology review as 1. What did we propose? adding an entry for 40 CFR proposed with no changes (84 FR 47346, 63.10(b)(2)(ii) to Table 10 and including September 9, 2019). The EPA proposed amendments to the a ‘‘no’’ in column 4 and adding text to Cellulose Product Manufacturing Table 9 that is similar to 40 CFR c. What key comments did we receive NESHAP to remove the provisions 63.10(b)(2)(ii) that describes the on the technology review, and what are related to SSM that are not consistent recordkeeping requirements during a our responses? with the requirement that the standards malfunction; The EPA received comments from one apply at all times. The proposed • revising the recordkeeping commenter that did not support the amendments included: provisions by adding entries for 40 CFR proposed determination from the • Revising Table 10 (General 63.10(b)(2)(iv), 40 CFR 63.10(b)(2)(v), technology review that no revisions Provisions) entry for 40 CFR 63.6(e)(1) and 40 CFR 63.10(c)(15) to Table 10 and were warranted under CAA section and (2) by redesignating it as 40 CFR adding ‘‘no’’ in column 4 for each new 112(d)(6). In general, the commenter 63.6(e)(1)(i) and changing the ‘‘yes’’ in entry; claimed that the EPA failed to consider column 4 to a ‘‘no’’ and adding general • revising the entry for 40 CFR all HAP emitted and that the EPA duty regulatory text to 40 CFR 63.5515 63.10(d)(5) in Table 10 by redesignating should set new standards for previously that reflect the general duty to minimize it as 40 CFR 63.10(d)(5)(i) and changing unregulated emission points/pollutants emissions included in 40 CFR 63.6(e)(1) the ‘‘yes’’ in column 4 to a ‘‘no’’; as part of the technology review. The without the references to SSM; • adding reporting requirements to 40 commenter also claimed that the EPA • revising Table 10 by adding an CFR 63.5580 and Table 8 to eliminate did not consider leak detection and entry for 40 CFR 63.6(e)(1)(ii) and periodic SSM reports as a stand-alone repair, fenceline monitoring, process including a ‘‘no’’ in column 4 because report and require sources that fail to changes, dry sorbent injection, or spray 40 CFR 63.6(e)(1)(ii) imposes meet an applicable standard at any time

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39989

to report the number, date, time, for removing the SSM exemption as NESHAP to require owners and duration, list of affected source or proposed. operators of MVP and CEP facilities to equipment, estimate of the quantity of submit electronic copies of initial D. Five-Year Periodic Emissions Testing each regulated pollutant emitted, a notifications, notifications of description of the method used to 1. What did we propose? compliance status, performance test estimate the emissions, and the cause of The EPA proposed to add new reports, performance evaluation reports, such events in the semiannual requirements for periodic performance and semiannual reports through the compliance report already required testing at 40 CFR 63.5535(g)(1), 40 CFR EPA’s CDX using CEDRI. Additionally, under this rule; and 63.5535(h)(1), and 40 CFR 63.5541 for we proposed two broad circumstances • revising the reporting requirements facilities that use non-recovery control in which electronic reporting extensions in Table 10 by adding an entry for 40 devices. We proposed that facilities may be provided at the discretion of the Administrator. The EPA proposed these CFR 63.10(d)(5)(ii) and including a ‘‘no’’ constructed or reconstructed on or extensions to protect owners and in column 4. before September 9, 2019, conduct operators from noncompliance in cases More information concerning the periodic air emissions performance where they are unable to successfully elimination of SSM provisions is in the testing every 5 years, with the first submit a report by the reporting preamble to the proposed rule (84 FR periodic performance test to be deadline for reasons outside of their 47366–47370, September 9, 2019). conducted within 3 years of the control, including CDX and CEDRI effective date of the revised standards 2. What changed since proposal? outages and force majeure events, such and thereafter every 5 years following as acts of nature, war, or terrorism. We are finalizing the removal of the the previous test. For facilities that SSM exemption as proposed with no commence construction after September 2. What changed since proposal? changes (84 FR 47346, September 9, 9, 2019, we proposed a periodic No changes have been made to the 2019). performance test be completed within 5 proposed requirement for owners and 3. What are the key comments and what years of the initial performance required operators of MVP and CEP facilities to are our responses? by 40 CFR 63.5535 and that subsequent submit initial notifications, notifications tests be conducted every 5 years of compliance status, performance test Only one commenter submitted thereafter. reports, performance evaluation reports, comments related to our proposed 2. What changed since proposal? and semiannual reports electronically removal of the SSM exemption, and using CEDRI. Therefore, we are their comments generally supported the We are finalizing the 5-year periodic finalizing the electronic reporting proposed removal of the SSM emission testing requirements for provisions as proposed with no changes provisions but stated that the EPA facilities that use non-recovery control (84 FR 47346, September 9, 2019). cannot finalize a malfunction devices as proposed with no changes exemption, as proposed. The Agency (84 FR 47346, September 9, 2019). 3. What are the key comments and what did not propose a malfunction are our responses? 3. What are the key comments and what exemption in this rulemaking, therefore, are our responses? The EPA received one comment this portion of the comment was not supporting the proposed amendment to relevant. We evaluated the comments We did not receive any comments on require electronic reporting. The and determined that no changes to the the proposed 5-year periodic emission commenter, however, asserted that the proposed SSM provisions are testing requirements for facilities that force majeure language should be warranted. A summary of these use non-recovery control devices. removed. The commenter expressed comments and our responses are located 4. What is the rationale for our final concern that proposed 40 CFR in the memorandum titled National approach for the 5-year periodic 63.5420(c)(5) provides an exemption Emission Standards for Hazardous Air emission testing? from reporting due to force majeure Pollutants: Cellulose Products events. The commenter noted that the Manufacturing (40 CFR part 63, subpart For the reasons explained in the Court rejected similar ‘‘affirmative UUUU) Residual Risk and Technology preamble to the proposed rule and defense’’ to civil penalties for Review, Final Amendments—Response taking into account the fact that the EPA malfunctions (NRDC v. EPA, 749 F.3d to Public Comments on September 9, received no comments relating to the 1055 (D.C. Cir. 2014)). The commenter 2019 Proposal, in the docket for this proposed provisions, we are finalizing also argued that adding such an rulemaking. the requirement for facilities that use exemption would be arbitrary and non-recovery control devices to conduct unlawful because it would undermine 4. What is the rationale for our final periodic emissions tests once every 5 approach for the SSM provisions? the reporting requirements by providing years. The new performance tests will a justification to delay reporting, and, The EPA evaluated all comments on serve as a check on the accuracy of thus, undermine compliance, the EPA’s proposed amendments to facilities’ mass balance calculations and enforcement, and fulfillment of the remove the SSM exemption. For the on the efficiency of the control devices emissions standards designed to protect reasons explained in the proposed rule, used to achieve compliance with the public health and the environment at we determined that the proposed standards. The new performance testing the core of the CAA’s and section 7412’s amendments remove and revise will ensure that control devices are purpose (42 U.S.C. 740). provisions related to SSM that are not properly maintained over time, thereby The commenter is incorrect in consistent with the requirement that the reducing the potential for acute referring to 40 CFR 63.5420(c)(5) as an standards apply at all times. More emissions episodes. ‘‘exemption.’’ This provision provides information concerning the E. Electronic Reporting instructions for actions an affected amendments we are finalizing for SSM source should take if it is unable to is in the preamble to the proposed rule 1. What did we propose? submit an electronic report (required (84 FR 47366–47370, September 9, The EPA proposed amendments to the under 40 CFR 63.5420(c)) ‘‘due to a 2019). We are finalizing our approach Cellulose Products Manufacturing force majeure event that is about to

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39990 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

occur, occurs, or has occurred, or if legitimate. Force majeure events (e.g., 4. What is the rationale for our final there are lingering effects from such an natural disasters impacting a facility) approach to electronic reporting? event within the period of time are also usually well-known events. The EPA is finalizing, as proposed, a beginning 5 business days prior to the We also disagree that the ability to requirement that owners or operators of date the submission is due’’ under 40 request a reporting extension would MVP and CEP facilities submit CFR 63.5420(c). We note that there is no undermine compliance and fulfillment electronic copies of notifications, exception or exemption to reporting, performance evaluation reports, and only a method for requesting an of the emissions standards. While reporting is an important mechanism for semiannual compliance reports using extension of the reporting deadline. As CEDRI. We also are finalizing, as specified in 40 CFR 63.5420(c)(5), ‘‘[t]he the EPA and air agencies to assess whether owners or operators are in proposed, provisions that allow facility decision to accept the claim of force owners or operators a process to request majeure and allow an extension to the compliance with emissions standards, reporting obligations have nothing to do extensions for submitting electronic reporting deadline is solely within the reports for circumstances beyond the discretion of the Administrator.’’ There with whether an owner or operator is control of the facility (i.e., for a possible is no predetermined timeframe for the required to be in compliance with an outage in the CDX or CEDRI or for a length of extension that can be granted, emissions standard, especially where force majeure event). The amendments as this is something best determined by the deadline for meeting the standard will increase the ease and efficiency of the Administrator when reviewing the has already passed and the owner or data submittal for owners and operators circumstances surrounding the request. operator has certified that they are in of MVP and CEP facilities and will make Different circumstances may require a compliance with the standard. the data more accessible to regulators different length of extension for Additionally, the ability to request a and the public. electronic reporting. For example, a reporting extension does not apply to a tropical storm may delay electronic F. Changes to the Monitoring broad category of circumstances; on the reporting for a day, but a category 5 Requirements for Biofilter Control contrary, the scope for submitting a hurricane event may delay electronic Devices reporting much longer, especially if the reporting extension request is very facility has no power, and, as such, the limited in that claims can only be made 1. What did we propose? owner or operator has no ability to for events outside of the owner’s or The EPA proposed revisions to the access electronically stored data or to operator’s control that occur in the 5 operating limits in Table 2 to Subpart submit reports electronically. The business days prior to the reporting UUUU of Part 63 to add biofilter Administrator will be the most deadline. The claim must then be effluent conductivity to the list of knowledgeable on the events leading to approved by the Administrator, and, in biofilter operating limits, revisions to the request for extension and will assess approving such a claim, the the performance testing requirements in whether an extension is appropriate Administrator agrees that something 40 CFR 63.5535(i)(7) to add biofilter and, if so, determine a reasonable outside the control of the owner or effluent conductivity to the list of length. The Administrator may even operator prevented the owner or parameters for which operating limits request that the report be sent in operator from meeting its reporting must be established during the hardcopy until electronic reporting can obligation. In no circumstance does this compliance demonstration, and be resumed. While no new fixed reporting extension allow for the owner revisions to the continuous compliance duration deadline is set, the regulation or operator to be out of compliance with with operating limits in Table 6 to does require that the report be the emissions standards. Subpart UUUU of Part 63 to add submitted electronically as soon as biofilter effluent conductivity to the list The reporting deadline extension possible after the CEDRI outage is of parameters to monitor to demonstrate differs from the affirmative defense to resolved or after the force majeure event continuous compliance. occurs. civil penalties for malfunctions the We also note that the force majeure Court vacated as beyond the EPA’s 2. What changed since proposal? mimics long-standing language in 40 authority under the CAA in NRDC v. The EPA has not made any changes to CFR 63.7(a)(4) and 60.8(a)(1) regarding EPA, 749 F.3d 1055 (D.C. Cir. 2014). the proposed amendments to include the time granted for conducting a Unlike the affirmative defense biofilter effluent conductivity performance test and such language has addressed in NRDC, the reporting monitoring provisions since publication not undermined compliance or provision does not address penalty of the proposal on September 9, 2019. enforcement. liability for noncompliance with We are finalizing the alternative Moreover, we disagree that the emission standards, but merely monitoring provisions as proposed with reporting extension will undermine addresses, under a narrow set of no changes (84 FR 47346, September 9, enforcement because the Administrator circumstances outside the control of the 2019). has full discretion to accept or reject the facilities, the deadline for reporting. claim of a CEDRI system outage or force 3. What are the key comments and what majeure. As such, an extension is not A detailed summary of these are our responses? comments and our responses are located automatic and is agreed to on an No comments were received on the individual basis by the Administrator. If in the memorandum titled National proposed addition of biofilter effluent the Administrator determines that a Emission Standards for Hazardous Air conductivity monitoring provisions. facility has not acted in good faith to Pollutants: Cellulose Products reasonably report in a timely manner, Manufacturing (40 CFR part 63, subpart 4. What is the rationale for our final the Administrator can reject the claim UUUU) Residual Risk and Technology approach to monitoring of biofilter and find that the failure to report timely Review, Final Amendments—Response control devices? is a deviation from the regulation. to Public Comments on September 9, The EPA is finalizing the proposed CEDRI system outages are infrequent, 2019 Proposal, in the docket for this revisions to allow monitoring of biofilter but the EPA knows when they occur rulemaking (Docket ID No. EPA–HQ– effluent conductivity as an alternative to and whether a facility’s claim is OAR–2018–0415). effluent pH for biofilter control devices.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39991

As we explained in the proposal, the 4. What is the rationale for our 4. What is the rationale for our final EPA has conditionally approved an amendments? approach? alternative monitoring request from one In the proposal, we proposed We are finalizing the technical and company to use conductivity in lieu of regulatory text that included IBR. In editorial changes as proposed for the pH monitoring pursuant to 40 CFR accordance with requirements of 1 CFR reasons stated in section IV.E.6 of the 63.8(f). The company’s request stated 51.5, we have finalized as proposed the proposal preamble. that conductivity would provide a more IBR of the four documents listed in V. Summary of Cost, Environmental, accurate operating limit than pH for sections IV.E.1 and IV.E.2 of this and Economic Impacts and Additional strong acids and bases. To allow other preamble. sources the flexibility to use Analyses Conducted H. Technical and Editorial Changes for conductivity for monitoring of biofilter A. What are the affected facilities? control devices without the need to the Cellulose Products Manufacturing request approval for each source, we NESHAP There are currently eight facilities operating in the United States that have finalized the changes as described 1. What did we propose? in the proposal. conduct MVP and CEP operations that The EPA proposed the following are subject to the Cellulose Products G. IBR Under 1 CFR Part 51 for the technical and editorial changes: Manufacturing NESHAP. The 40 CFR Cellulose Products Manufacturing • Add a new paragraph at 40 CFR part 63, subpart UUUU affected source NESHAP 63.5505(f) to clarify that CS2 storage for the MVP source category is each 1. What did we propose? tanks that are part of a submerged cellulose food casing, rayon, cellulosic unloading and storage operation subject sponge, or cellophane operation, as In accordance with requirements of 1 to 40 CFR part 63, subpart UUUU, are defined in 40 CFR 63.5610. The affected CFR 51.5, the EPA proposed to IBR the not subject to 40 CFR part 60, subpart source for the CEP source category is following documents into 40 CFR 63.14: Kb; each cellulose ether operation, as • • ASTM D6420–99 (Reapproved revise the performance test defined in 40 CFR 63.5610. requirements in 40 CFR 63.5535 to 2010), Standard Test Method for B. What are the air quality impacts? specify the conditions for conducting Determination of Gaseous Organic The EPA estimates that annual HAP Compounds by Direct Interface Gas performance tests; • revise the performance evaluation emissions from the MVP and CEP Chromatography-Mass Spectrometry, requirements in 40 CFR 63.5545(e)(2) to facilities that are subject to the NESHAP IBR approved for Table 4 to Subpart specify the use of Procedure 1 of 40 CFR are approximately 4,300 tpy. We are not UUUU of Part 63; part 60, appendix F for quality establishing new emission limits and • ASTM D5790–95 (Reapproved assurance procedures; are not requiring additional controls; 2012), Standard Test Method for • revise the performance test therefore, no quantifiable air quality Measurement of Purgeable Organic requirements table (Table 4 to Subpart impacts are expected as a result of the Compounds in Water by Capillary UUUU of Part 63) to correct an error in final amendments to the rule. However, Column Gas Chromatography/Mass the reference to a test method appendix; the final amendments, including the Spectrometry, IBR approved for Table 4 • revise the performance test removal of the SSM exemption and to Subpart UUUU of Part 63; and requirements table (Table 4 to Subpart addition of periodic emissions testing, • ASTM D6348–12e1, Standard Test UUUU of Part 63) to add IBR for ASTM have the potential to reduce excess Method for Determination of Gaseous D6420–99 (Reapproved 2010), ASTM emissions from sources by ensuring Compounds by Extractive Direct D5790–95 (Reapproved 2012), and proper operation of control devices. Interface Fourier Transform Infrared ASTM D6348–12e1; The final amendments will have no • (FTIR) Spectroscopy, IBR approved for revise the reporting requirements in effect on the energy needs of the Table 4 to Subpart UUUU of Part 63. 40 CFR 63.5580 and the reporting and affected facilities and, therefore, have no recordkeeping requirements tables indirect or secondary air emissions 2. What changed since proposal? (Tables 8 and 9 to Subpart UUUU of impacts. Part 63) to include the requirements to The EPA has not made any changes to C. What are the cost impacts? record and report information on its proposal to IBR the documents listed failures to meet the applicable standard The eight facilities subject to the final above. We are incorporating these and the corrective actions taken; and amendments will incur minimal net documents by reference into 40 CFR • revise the General Provisions costs to meet the revised recordkeeping 63.14 as proposed (84 FR 47346, applicability table (Table 10 to Subpart and reporting requirements and will September 9, 2019). We have also UUUU of Part 63) to align with those incur periodic emissions testing costs included an IBR for ASTM D6348–03, sections of the General Provisions that for add-on control devices. The Standard Test Method for Determination have been amended or reserved over nationwide costs associated with the of Gaseous Compounds by Extractive time. new periodic testing requirements are Direct Interface Fourier Transform estimated to be $490,000 (2018$) over Infrared (FTIR) Spectroscopy, in this 2. What changed since proposal? the 5 years following promulgation of rulemaking. It was determined that the We are finalizing the technical and the amendments. For further appendices in this method were needed editorial changes as proposed with no information on the costs, see the for use with the ASTM D6348–12e1 changes (84 FR 47346, September 9, memorandum titled Costs and method. 2019). Environmental Impacts of Regulatory Options for the Cellulose Products 3. What are the key comments and what 3. What are the key comments and what are our responses? Manufacturing Industry, and the are our responses? document titled Supporting Statement No comments were received on the No comments were received on the for the NESHAP for Cellulose Products proposed IBR of the standards into 40 proposed technical and editorial Manufacturing (40 CFR part 63, subpart CFR 63.14. corrections. UUUU), which are both available in the

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39992 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

docket for this final rule (Docket ID No. For the MVP source category, we B. Executive Order 13771: Reducing EPA–HQ–OAR–2018–0415). determined that no one is exposed to a Regulations and Controlling Regulatory cancer risk at or above 1-in-1 million or Costs D. What are the economic impacts? to a chronic noncancer TOSHI greater The final revisions to the Cellulose This action is not an Executive Order than 1. The methodology and the results 13771 regulatory action because this Products Manufacturing NESHAP have of the MVP demographic analysis are some costs associated with the periodic action is not significant under Executive presented in a technical report, Risk and Order 12866. testing requirements and these costs are Technology Review—Analysis of not expected to have significant Demographic Factors for Populations C. Paperwork Reduction Act (PRA) economic impacts. Living Near Miscellaneous Viscose The information collection activities E. What are the benefits? Processes Facilities, available in the in this rule have been submitted for docket for this action. approval to the OMB under the PRA. The final amendments will result in For the CEP source category, the The Information Collection Request improved monitoring, compliance, and results of the demographic analysis (ICR) document that the EPA prepared implementation of the rule by adding indicate that emissions from the source has been assigned EPA ICR number provisions for periodic emissions category expose approximately 104,572 1974.11. You can find a copy of the ICR testing, requiring MVP and CEP people to a cancer risk at or above 1-in- in the docket for this rule, and it is facilities to meet the same emission 1 million and approximately zero briefly summarized here. The standards during SSM events as during people to a chronic noncancer TOSHI information collection requirements are normal operations, and requiring greater than 1. The percentages of the at- not enforceable until OMB approves electronic submittal of initial risk population in three demographic them. notifications, performance test results, groups (African American, above We are finalizing changes to the and semiannual reports. These poverty level, and over 25 without high recordkeeping and reporting improvements will further assist in the school diploma) are greater than their requirements for 40 CFR part 63, protection of public health and the respective nationwide percentages. The subpart UUUU, which eliminate the environment. The electronic reporting methodology and the results of the CEP SSM reporting and SSM plan requirements will improve data demographic analysis are presented in requirements, add periodic emissions availability and ultimately result in less the technical report, Risk and testing, provide biofilter effluent burden on the regulated community. Technology Review—Analysis of conductivity as an alternative to Demographic Factors for Populations F. What analysis of environmental monitoring pH, and require electronic Living Near Cellulose Ethers Production justice did we conduct? submittal of notifications, semiannual Facilities, available in the docket for this Executive Order 12898 (59 FR 7629, reports, and performance test reports. action (Docket ID No. EPA–HQ–OAR– February 16, 1994) establishes federal Respondents/affected entities: 2018–0415). executive policy on environmental Respondents include facilities subject to justice. Its main provision directs G. What analysis of children’s the NESHAP for Cellulose Products federal agencies, to the greatest extent environmental health did we conduct? Manufacturing (40 CFR part 63, subpart practicable and permitted by law, to The EPA does not believe the UUUU). make environmental justice part of their environmental health or safety risks Respondent’s obligation to respond: mission by identifying and addressing, addressed by this action present a Mandatory (40 CFR part 63, subpart as appropriate, disproportionately high disproportionate risk to children. The UUUU). and adverse human health or health and risk assessments for this Estimated number of respondents: environmental effects of their programs, action are contained in two reports Eight. policies, and activities on minority titled Residual Risk Assessment for the Frequency of response: Initial populations and low-income Miscellaneous Viscose Processes Source notifications, reports of periodic populations in the United States. performance tests, and semiannual To examine the potential for any Category in Support of the 2020 Risk and Technology Review Final Rule and compliance reports. environmental justice issues that might Total estimated burden: 7,256 labor be associated with the Cellulose Residual Risk Assessment for the Cellulose Ethers Production Source hours (per year). Burden is defined at 5 Products Manufacturing NESHAP, we CFR 1320.3(b). performed a demographic analysis for Category in Support of the 2020 Risk and Technology Review Final Rule, Total estimated cost: $954,000 per the MVP and CEP source categories, year, including $834,000 per year in which is an assessment of risks to which can be found in the docket for this action. labor costs and $120,000 per year in individual demographic groups of the annualized capital or operation and populations living within 5 kilometers VI. Statutory and Executive Order maintenance costs. (km) and within 50 km of the facilities. Reviews An agency may not conduct or In each analysis, we evaluated the Additional information about these sponsor, and a person is not required to distribution of HAP-related cancer and statutes and Executive Orders can be respond to, a collection of information noncancer risks from the MVP and CEP unless it displays a currently valid OMB source categories across different found at https://www.epa.gov/laws- regulations/laws-and-executive-orders. control number. The OMB control demographic groups within the numbers for the EPA’s regulations in 40 4 populations living near facilities. A. Executive Orders 12866: Regulatory CFR are listed in 40 CFR part 9. When Planning and Review and Executive OMB approves this ICR, the Agency will 4 Demographic groups included in the analysis Order 13563: Improving Regulation and announce that approval in the Federal are: White, African American, Native American, Regulatory Review other races and multiracial, Hispanic or Latino, Register and publish a technical children 17 years of age and under, adults 18 to 64 This action is not a significant amendment to 40 CFR part 9 to display years of age, adults 65 years of age and over, adults regulatory action and was, therefore, not the OMB control number for the without a high school diploma, people living below the poverty level, people living two times the submitted to the Office of Management approved information collection poverty level, and linguistically isolated people. and Budget (OMB) for review. activities contained in this final rule.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39993

D. Regulatory Flexibility Act (RFA) I. Executive Order 13211: Actions effluent volumetric flow rate, I certify that this action will not have Concerning Regulations That temperature, and pressure is useful for a significant economic impact on a Significantly Affect Energy Supply, determining the impact of that substantial number of small entities Distribution, or Use compound to the atmosphere. When under the RFA. There are no small This action is not subject to Executive using ASTM D6348–12e, the following entities in this regulated industry and, Order 13211 because it is not a conditions must be met: (1) The test as such, this action will not impose any significant regulatory action under plan preparation and implementation in requirements on small entities. Executive Order 12866. the Annexes to ASTM D 6348–03, Sections A1 through A8 are mandatory; E. Unfunded Mandates Reform Act J. National Technology Transfer and and (2) in ASTM D6348–03, Annex A5 (UMRA) Advancement Act (NTTAA) and 1 CFR (Analyte Spiking Technique), the This action does not contain an Part 51 percent recovery (%R) must be unfunded mandate of $100 million or This action involves technical determined for each target analyte more as described in UMRA, 2 U.S.C. standards. The EPA has decided to use (Equation A5.5). For the test data to be 1531–1538, and does not significantly or three voluntary consensus standards acceptable for a compound, %R must be uniquely affect small governments. The (VCS). ASTM D6420–99 (Reapproved greater than or equal to 70 percent and action imposes no enforceable duty on 2010), ‘‘Standard Test Method for less than or equal to 130 percent. If the any state, local, or tribal governments, Determination of Gaseous Organic %R value does not meet this criterion or the private sector. Compounds by Direct Interface Gas for a target compound, the test data are not acceptable for that compound and F. Executive Order 13132: Federalism Chromatography-Mass Spectrometry,’’ is used for the measurement of toluene the test must be repeated for that analyte This action does not have federalism (i.e., the sampling and/or analytical and total organic HAP. This method implications. It will not have substantial procedure should be adjusted before a employs a direct interface gas direct effects on the states, on the retest). The %R value for each chromatograph/mass spectrometer to relationship between the national compound must be reported in the test identify and quantify the 36 volatile government and the states, or on the report, and all field measurements must organic compounds (VOC) (or sub-set of distribution of power and be corrected with the calculated %R these compounds) listed on the ASTM responsibilities among the various value for that compound by using the website. This ASTM standard has been levels of government. following equation: Reported Results = approved by the EPA as an alternative ((Measured Concentration in the Stack)/ G. Executive Order 13175: Consultation to EPA Method 18 when the target (%R)) × 100. and Coordination With Indian Tribal compounds are all known, and the These four ASTM standards are Governments target compounds are all listed in ASTM available from ASTM International, 100 This action does not have tribal D6420 as measurable. Barr Harbor Drive, Post Office Box C700, implications as specified in Executive ASTM D5790–95 (Reapproved 2012), West Conshohocken, PA 19428–2959. Order 13175. None of the facilities ‘‘Standard Test Method for See https://www.astm.org/. known to be engaged in the manufacture Measurement of Purgeable Organic While the EPA identified 14 other of cellulose products that would be Compounds in Water by Capillary VCS as being potentially applicable, the affected by this action are owned or Column Gas Chromatography/Mass Agency has decided not to use them. operated by tribal governments or Spectrometry,’’ identifies and measures The use of these VCS would not be located within tribal lands. Thus, purgeable VOC. It has been validated for practical due to lack of equivalency, Executive Order 13175 does not apply treated drinking water, wastewater, and documentation, validation date, and to this action. groundwater. ASTM D5790–95 is other important technical and policy acceptable as an alternative to EPA considerations. For further information, H. Executive Order 13045: Protection of Method 624 and for the analysis of total see the memorandum titled Voluntary Children From Environmental Health organic HAP in wastewater samples. For Consensus Standard Results for Risks and Safety Risks wastewater analyses, this ASTM method National Emission Standards for This action is not subject to Executive should be used with the sampling Hazardous Air Pollutants for Cellulose Order 13045 because it is not procedures of EPA Method 25D or an Products Manufacturing, in the docket economically significant as defined in equivalent method in order to be a for this action (Docket ID Item No. EPA– Executive Order 12866, and because the complete alternative. This ASTM HQ–OAR–2018–0415–0059). EPA does not believe the environmental standard is validated for all of the 21 health or safety risks addressed by this volatile organic HAP (including toluene) K. Executive Order 12898: Federal action present a disproportionate risk to targeted by EPA Method 624 and is also Actions To Address Environmental children. This action’s health and risk validated for an additional 14 HAP not Justice in Minority Populations and assessments are contained in sections targeted by the EPA method. Low-Income Populations III.A and IV.A of this preamble. Further ASTM D6348–12e1, ‘‘Determination The EPA believes that this action does documentation is provided in the of Gaseous Compounds by Extractive not have disproportionately high and following risk reports titled Residual Direct Interface Fourier Transform adverse human health or environmental Risk Assessment for the Miscellaneous Infrared (FTIR) Spectroscopy,’’ is an effects on minority populations, low Viscose Processes Source Category in acceptable alternative to using EPA income populations, and/or indigenous Support of the 2020 Risk and Method 320 with caveats requiring peoples, as specified in Executive Order Technology Review Final Rule and inclusion of selected annexes to the 12898 (59 FR 7629, February 16, 1994). Residual Risk Assessment for the standard as mandatory. This test The documentation for this decision is Cellulose Ethers Production Source method provides the volume contained in the technical reports titled Category in Support of the 2020 Risk concentration of detected analytes. Risk and Technology Review—Analysis and Technology Review Final Rule, Converting the volume concentration to of Demographic Factors for Populations which can be found in the docket for a mass emission rate using the Living Near Miscellaneous Viscose this action. compound’s molecular weight, and the Processes Facilities and Risk and

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39994 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

Technology Review—Analysis of Gaseous Compounds by Extractive construction or reconstruction Demographic Factors for Populations Direct Interface Fourier Transform commenced on or before September 9, Living Near Cellulose Ethers Production Infrared (FTIR) Spectroscopy, Approved 2019), you must be in compliance with Facilities, which are located in the February 1, 2012, IBR approved for the emission limitations in this subpart public docket for this action. § 63.1571(a) and Table 4 to subpart at all times. For new and reconstructed UUUU. L. Congressional Review Act (CRA) sources for which construction or * * * * * reconstruction commenced after This action is subject to the CRA, and (89) ASTM D6420–99, Standard Test September 9, 2019, you must be in the EPA will submit a rule report to Method for Determination of Gaseous compliance with the emission limits, each House of the Congress and to the Organic Compounds by Direct Interface operating limits, and work practice Comptroller General of the United Gas Chromatography-Mass standards in this subpart at all times on States. This action is not a ‘‘major rule’’ Spectrometry, IBR approved for July 2, 2020, or immediately upon as defined by 5 U.S.C. 804(2). §§ 63.5799 and 63.5850. startup, whichever is later. List of Subjects in 40 CFR Part 63 * * * * * (b) On or before December 29, 2020, (91) ASTM D6420–99 (Reapproved Environmental protection, for each existing source (and for each 2010), Standard Test Method for Administrative practice and procedures, new or reconstructed source for which Determination of Gaseous Organic Air pollution control, Hazardous construction or reconstruction Compounds by Direct Interface Gas substances, Incorporation by reference, commenced on or before September 9, Chromatography-Mass Spectrometry, Intergovernmental relations, Reporting 2019), you must always operate and Approved October 1, 2010, IBR and recordkeeping requirements. maintain your affected source, including approved for § 63.670(j), Table 4 to air pollution control and monitoring Dated: March 11, 2020. subpart UUUU, and appendix A to this equipment, according to the provisions Andrew R. Wheeler, part: Method 325B. in § 63.6(e)(1)(i). After December 29. Administrator. * * * * * 2020, for each existing source (and for For the reasons set forth in the Subpart UUUU—National Emission each new or reconstructed source for preamble, the EPA amends 40 CFR part which construction or reconstruction 63 as follows: Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing commenced on or before September 9, 2019), and after September 9, 2019, for PART 63—NATIONAL EMISSION ■ new and reconstructed sources for STANDARDS FOR HAZARDOUS AIR 3. Section 63.5505 is amended by which construction or reconstruction POLLUTANTS FOR SOURCE adding paragraph (f) to read as follows: CATEGORIES commenced after September 9, 2019, § 63.5505 What emission limits, operating you must always operate and maintain limits, and work practice standards must I ■ 1. The authority citation for part 63 meet? your affected source, including air continues to read as follows: pollution control and monitoring * * * * * equipment in a manner consistent with Authority: 42 U.S.C. 7401 et seq. (f) Carbon disulfide storage tanks part good air pollution control practices for of a submerged unloading and storage minimizing emissions at least to the Subpart A—General Provisions operation subject to this part are not levels required by this subpart. The subject to 40 CFR part 60, subpart Kb ■ 2. Section 63.14 is amended by general duty to minimize emissions (Standards of Performance for Volatile revising paragraphs (h)(72), (83), (85), does not require you to make any Organic Liquid Storage Vessels (89), and (91) to read as follows: (Including Petroleum Liquid Storage further efforts to reduce emissions if levels required by the applicable § 63.14 Incorporations by reference. Vessels) for Which Construction, standard have been achieved. * * * * * Reconstruction, or Modification Commenced After July 23, 1984). Determination of whether a source is (h) * * * operating in compliance with operation ■ 4. Section 63.5515 is amended by (72) ASTM D5790–95 (Reapproved and maintenance requirements will be revising paragraph (a), paragraph (b) 2012), Standard Test Method for based on information available to the Measurement of Purgeable Organic introductory text, adding reserved paragraph (b)(2), and revising paragraph Administrator which may include, but Compounds in Water by Capillary is not limited to, monitoring results, Column Gas Chromatography/Mass (c). review of operation and maintenance Spectrometry, IBR approved for Table 4 The revisions read as follows: procedures, review of operation and to subpart UUUU. § 63.5515 What are my general maintenance records, and inspection of * * * * * requirements for complying with this the source. (83) ASTM D6348–03, Standard Test subpart? * * * * * Method for Determination of Gaseous (a) On or before December 29, 2020, Compounds by Extractive Direct for each existing source (and for each (c) On or before December 29 2020, Interface Fourier Transform Infrared new or reconstructed source for which for each existing source (and for each (FTIR) Spectroscopy, including Annexes construction or reconstruction new or reconstructed source for which A1 through A8, Approved October 1, commenced on or before September 9, construction or reconstruction 2003, IBR approved for §§ 63.457(b), 2019), you must be in compliance with commenced on or before September 9, 63.1349, Table 4 to subpart DDDD, table the emission limits, operating limits, 2019), you must maintain a written 4 to subpart UUUU, table 4 subpart and work practice standards in this startup, shutdown, and malfunction ZZZZ, and table 8 to subpart subpart at all times, except during (SSM) plan according the provisions in HHHHHHH. periods of startup, shutdown, and § 63.6(e)(3). For each such source, a * * * * * malfunction. After December 29, 2020, SSM plan is not required after December (85) ASTM D6348–12e1, Standard for each existing source (and for each 29, 2020. No SSM plan is required for Test Method for Determination of new or reconstructed source for which any new or reconstruction source for

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39995

which construction or reconstruction (7) For biofilters, record the pressure § 63.5555 How do I demonstrate commenced after September 9, 2019. drop across the biofilter beds, inlet gas continuous compliance with the emission temperature, and effluent pH or limits, operating limits, and work practice * * * * * standards? ■ conductivity averaged over the same 5. Section 63.5535 is amended by * * * * * revising paragraph (b), removing and time period as the compliance demonstration while the vent stream is (d) For each affected source that reserving paragraph (c), and revising commenced construction or paragraphs (g)(1), (h)(1), and (i)(7). routed and constituted normally. Locate the pressure, temperature, and pH or reconstruction before September 9, The revisions read as follows: conductivity sensors in positions that 2019, on or before December 29, 2020, § 63.5535 What performance tests and provide representative measurement of deviations that occur during a period of other procedures must I use? these parameters. Ensure the sample is startup, shutdown, or malfunction are * * * * * properly mixed and representative of not violations if you demonstrate to the (b) You must conduct each the fluid to be measured. Administrator’s satisfaction that you were operating in accordance with performance test for continuous process * * * * * vents and combinations of batch and § 63.5515(b). The Administrator will ■ continuous process vents based on 6. Section 63.5541 is added to read as determine whether deviations that occur representative performance (i.e., follows: on or before December 29, 2020, and performance based on normal operating during a period you identify as a § 63.5541 When must I conduct startup, shutdown, or malfunction are conditions) of the affected source for the subsequent performance tests? period being tested, according to the violations, according to the provisions specific conditions in Table 4 to this (a) For each affected source utilizing in § 63.5515(b). This section no longer subpart. Representative conditions a non-recovery control device to comply applies after December 30, 2020. For exclude periods of startup and with § 63.5515 that commenced new sources that commence shutdown. You may not conduct construction or reconstruction before construction or reconstruction after performance tests during periods of September 9, 2019, a periodic September 9, 2019, this section does not malfunction. You must record the performance test must be performed by apply. process information that is necessary to July 2, 2023, and subsequent tests no ■ 9. Section 63.5575 is revised to read document operating conditions during later than 60 months thereafter. as follows: the test and include in such record an (b) For each affected source utilizing § 63.5575 What notifications must I submit explanation to support that such a non-recovery control device to comply and when? conditions represent normal operation. with § 63.5515 that commences Upon request, you shall make available construction or reconstruction after You must submit each notification in to the Administrator such records as September 9, 2019, a periodic Table 7 to this subpart that applies to may be necessary to determine the performance test must be performed no you by the date specified in Table 7 to this subpart. Initial notifications and conditions of performance tests. later than 60 months after the initial Notification of Compliance Status * * * * * performance test required by § 63.5535, Reports shall be electronically (g) * * * and subsequent tests no later than 60 submitted in portable document format months thereafter. (1) Viscose process affected sources (PDF) following the procedure specified that must use non-recovery control ■ 7. Section 63.5545 is amended by in § 63.5580(g). devices to meet the applicable emission revising paragraphs (b)(1) and (e)(2) to ■ 10. Section 63.5580 is amended by: limit in table 1 to this subpart must read as follows: conduct an initial performance test of ■ a. Revising paragraphs (b) their non-recovery control devices § 63.5545 What are my monitoring introductory text and (b)(2) and (4); according to the requirements in table 4 installation, operation, and maintenance ■ b. Adding paragraph (b)(6); to this subpart to determine the control requirements? ■ c. Revising paragraphs (c)(4), (e) efficiency of their non-recovery control * * * * * introductory text, and (e)(2); devices and incorporate this ■ (b) * * * d. Adding paragraphs (e)(14) and (g) information in their material balance. through (k). Periodic performance tests must be (1) Ongoing operation and The revisions and additions read as conducted as specified in § 63.5541. maintenance procedures in accordance follows: * * * * * with the general requirements of (h) * * * §§ 63.8(c)(3) and (4)(ii), 63.5515(b), and § 63.5580 What reports must I submit and 63.5580(c)(6); (1) Cellulose ether affected sources when? that must use non-recovery control * * * * * * * * * * devices to meet the applicable emission (e) * * * (b) Unless the Administrator has limit in table 1 to this subpart must approved a different schedule for (2) You must conduct a performance conduct an initial performance test of submitting reports under § 63.10, you evaluation of each CEMS according to their non-recovery control devices must submit each compliance report by the requirements in § 63.8, Procedure 1 according to the requirements in table 4 the date in Table 8 to this subpart and of 40 CFR part 60, appendix F, and to this subpart to determine the control according to the requirements in according to the applicable performance efficiency of their non-recovery control paragraphs (b)(1) through (6) of this specification listed in paragraphs devices and incorporate this section. (e)(1)(i) through (iv) of this section. information in their material balance. * * * * * * * * * * Periodic performance tests must be (2) The first compliance report must conducted as specified in § 63.5541. ■ 8. Section 63.5555 is amended by be submitted no later than August 31 or * * * * * revising paragraph (d) to read as February 28, whichever date follows the (i) * * * follows: end of the first calendar half after the

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39996 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

compliance date that is specified for (CEDRI), which can be accessed through package or alternative file to the EPA via your affected source in § 63.5495. the EPA’s Central Data Exchange (CDX) CEDRI. * * * * * (https://cdx.epa.gov/). Notifications (3) Confidential business information (4) Each subsequent compliance must be submitted as PDFs to CEDRI. (CBI). If you claim some of the report must be submitted no later than You must use the semi-annual information submitted under this August 31 or February 28, whichever compliance report template on the paragraph (h) is CBI, you must submit date is the first date following the end CEDRI website (https://www.epa.gov/ a complete file, including information of the semiannual reporting period. electronic-reporting-air-emissions/ claimed to be CBI, to the EPA. The file compliance-and-emissions-data- must be generated through the use of the * * * * * EPA’s ERT or an alternate electronic file (6) Prior to December 29, 2020, all reporting-interface-cedri) for this consistent with the XML schema listed compliance reports submitted by mail subpart. The date report templates become available will be listed on the on the EPA’s ERT website. Submit the must be postmarked or delivered no CEDRI website. The semi-annual file on a compact disc, flash drive, or later than the dates specified in compliance report must be submitted by other commonly used electronic storage paragraphs (b)(1) through (5). Beginning the deadline specified in this subpart, medium and clearly mark the medium on December 29, 2020, you must submit regardless of the method in which the as CBI. Mail the electronic medium to all compliance reports following the report is submitted. If you claim some U.S. EPA/OAQPS/CORE CBI Office, procedure specified in paragraph (g) of of the information required to be Attention: Group Leader, Measurement this section by the dates specified in submitted via CEDRI is confidential Policy Group, MD C404–02, 4930 Old paragraphs (b)(1) through (5). business information (CBI), submit a Page Rd., Durham, NC 27703. The same * * * * * complete report, including information file with the CBI omitted must be (c) * * * claimed to be CBI, to the EPA. The submitted to the EPA via the EPA’s CDX (4) Before December 30, 2020, for each report must be generated using the as described in paragraph (h) of this existing source (and for each new or appropriate form on the CEDRI website. section. reconstructed source for which Submit the file on a compact disc, flash (i) Within 60 days after the date of construction or reconstruction drive, or other commonly used completing each CMS performance commenced on or before September 9, electronic storage medium and clearly evaluation (as defined in § 63.2), you 2019), if you had a startup, shutdown, mark the medium as CBI. Mail the must submit the results of the or malfunction during the reporting electronic medium to U.S. EPA/OAQPS/ performance evaluation following the period and you took actions consistent CORE CBI Office, Attention: Group procedures specified in paragraphs (i)(1) with your SSM plan, the compliance Leader, Measurement Policy Group, MD through (3) of this section. report must include the information in C404–02, 4930 Old Page Rd., Durham, (1) Performance evaluations of CMS § 63.10(d)(5)(i). After December 29, NC 27703. The same file with the CBI measuring relative accuracy test audit 2020, you are no longer required to omitted must be submitted to the EPA (RATA) pollutants that are supported by report the information in via the EPA’s CDX as described earlier the EPA’s ERT as listed on the EPA’s § 63.10(d)(5)(i). No SSM plan is required in this paragraph. ERT website at the time of the for any new or reconstruction source for (h) Within 60 days after the date of evaluation. Submit the results of the which construction or reconstruction completing each performance test performance evaluation to the EPA via commenced after September 9, 2019. required by this subpart, you must CEDRI, which can be accessed through * * * * * submit the results of the performance the EPA’s CDX. The data must be (e) For each deviation from an test following the procedures specified submitted in a file format generated emission limit or operating limit in paragraphs (h)(1) through (3) of this through the use of the EPA’s ERT. occurring at an affected source where section. Alternatively, you may submit an you are using a CMS to demonstrate (1) Data collected using test methods electronic file consistent with the XML continuous compliance with the supported by the EPA’s Electronic schema listed on the EPA’s ERT emission limit or operating limit in this Reporting Tool (ERT) as listed on the website. subpart (see Tables 5 and 6 to this EPA’s ERT website (https:// (2) Performance evaluations of CMS subpart), you must include the www.epa.gov/electronic-reporting-air- measuring RATA pollutants that are not information in paragraphs (c)(1) through emissions/electronic-reporting-tool-ert) supported by the EPA’s ERT as listed on (4) and (e)(1) through (14) of this at the time of the test. Submit the results the EPA’s ERT website at the time of the section. This includes periods of SSM. of the performance test to the EPA via evaluation. The results of the CEDRI, which can be accessed through performance evaluation must be * * * * * the EPA’s CDX (https://cdx.epa.gov/). included as an attachment in the ERT or (2) The date, time, and duration that The data must be submitted in a file an alternate electronic file consistent each CMS was inoperative, except for format generated through the use of the with the XML schema listed on the zero (low-level) and high-level checks. EPA’s ERT. Alternatively, you may EPA’s ERT website. Submit the ERT * * * * * submit an electronic file consistent with generated package or alternative file to (14) An estimate of the quantity of the extensible markup language (XML) the EPA via CEDRI. each regulated pollutant emitted over schema listed on the EPA’s ERT (3) Confidential business information any emission limit, and a description of website. (CBI). If you claim some of the the method used to estimate the (2) Data collected using test methods information submitted under this emissions. that are not supported by the EPA’s ERT paragraph (i) is CBI, you must submit a * * * * * as listed on the EPA’s ERT website at complete file, including information (g) If you are required to submit the time of the test. The results of the claimed to be CBI, to the EPA. The file notifications or reports following the performance test must be included as an must be generated through the use of the procedure specified in this paragraph, attachment in the ERT or an alternate EPA’s ERT or an alternate electronic file you must submit notifications or reports electronic file consistent with the XML consistent with the XML schema listed to the EPA via the Compliance and schema listed on the EPA’s ERT on the EPA’s ERT website. Submit the Emissions Data Reporting Interface website. Submit the ERT generated file on a compact disc, flash drive, or

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39997

other commonly used electronic storage reporting requirement at the time of the (3) You must provide to the medium and clearly mark the medium notification, the date you reported. Administrator: as CBI. Mail the electronic medium to (6) The decision to accept the claim (i) A written description of the force U.S. EPA/OAQPS/CORE CBI Office, of the EPA system outage and allow an majeure event; Attention: Group Leader, Measurement extension to the reporting deadline is (ii) A rationale for attributing the Policy Group, MD C404–02, 4930 Old solely within the discretion of the delay in reporting beyond the regulatory Page Rd., Durham, NC 27703. The same Administrator. deadline to the force majeure event; file with the CBI omitted must be (7) In any circumstance, the report submitted to the EPA via the EPA’s CDX (iii) A description of measures taken must be submitted electronically as or to be taken to minimize the delay in as described in this paragraph (i). soon as possible after the outage is (j) If you are required to electronically reporting; and resolved. submit a report or notification through (iv) The date by which you propose to CEDRI in the EPA’s CDX, you may (k) If you are required to report, or if you have already met the assert a claim of EPA system outage for electronically submit a report through reporting requirement at the time of the failure to timely comply with the CEDRI in the EPA’s CDX, you may notification, the date you reported. reporting requirement. To assert a claim assert a claim of force majeure for (4) The decision to accept the claim of EPA system outage, you must meet failure to timely comply with the of force majeure and allow an extension the requirements outlined in paragraphs reporting requirement. To assert a claim to the reporting deadline is solely (j)(1) through (7) of this section. of force majeure, you must meet the within the discretion of the (1) You must have been or will be requirements outlined in paragraphs Administrator. precluded from accessing CEDRI and (k)(1) through (5) of this section. (5) In any circumstance, the reporting submitting a required report within the (1) You may submit a claim if a force must occur as soon as possible after the time prescribed due to an outage of majeure event is about to occur, occurs, force majeure event occurs. either the EPA’s CEDRI or CDX systems. or has occurred or there are lingering (2) The outage must have occurred effects from such an event within the ■ 11. Section 63.5590 is amended by within the period of time beginning 5 period of time beginning five business adding paragraph (e) to read as follows: business days prior to the date that the days prior to the date the submission is submission is due. § 63.5590 In what form and how long must due. For the purposes of this section, a I keep my records? (3) The outage may be planned or force majeure event is defined as an * * * * * unplanned. event that will be or has been caused by (4) You must submit notification to circumstances beyond the control of the (e) Any records required to be the Administrator in writing as soon as affected facility, its contractors, or any maintained by this part that are possible following the date you first entity controlled by the affected facility submitted electronically via EPA’s knew, or through due diligence should that prevents you from complying with CEDRI may be maintained in electronic have known, that the event may cause the requirement to submit a report format. This ability to maintain or has caused a delay in reporting. electronically within the time period electronic copies does not affect the (5) You must provide to the prescribed. Examples of such events are requirement for facilities to make Administrator a written description acts of nature (e.g., hurricanes, records, data, and reports available identifying: upon request to a delegated air agency (i) The date(s) and time(s) when CDX earthquakes, or floods), acts of war or terrorism, or equipment failure or safety or the EPA as part of an on-site or CEDRI was accessed and the system compliance evaluation. was unavailable; hazard beyond the control of the (ii) A rationale for attributing the affected facility (e.g., large scale power ■ 12. Table 2 to Subpart UUUU is delay in reporting beyond the regulatory outage). revised to read as follows: deadline to EPA system outage; (2) You must submit notification to Table 2 to Subpart UUUU of Part 63— (iii) A description of measures taken the Administrator in writing as soon as Operating Limits or to be taken to minimize the delay in possible following the date you first reporting; and knew, or through due diligence should As required in § 63.5505(b), you must (iv) The date by which you propose to have known, that the event may cause meet the appropriate operating limits in report, or if you have already met the or has caused a delay in reporting. the following table:

For the following control technique . . . you must . . .

1. condenser ...... maintain the daily average condenser outlet gas or condensed liquid temperature no higher than the value estab- lished during the compliance demonstration. 2. thermal oxidizer ...... a. for periods of normal operation, maintain the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or re- construction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup demonstrating that the oxidizer was properly operating (e.g., firebox temperature had reached the setpoint temperature) prior to emission unit startup. 3. water scrubber ...... a. for periods of normal operation, maintain the daily average scrubber pressure drop and scrubber liquid flow rate within the range of values established during the compliance demonstration;

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 39998 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

For the following control technique . . . you must . . .

b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or, re- construction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup and shutdown to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating peri- ods. 4. caustic scrubber ...... a. for periods of normal operation, maintain the daily average scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity within the range of values established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or re- construction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup and shutdown to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating peri- ods. 5. flare ...... maintain the presence of a pilot flame. 6. biofilter ...... maintain the daily average biofilter inlet gas temperature, biofilter effluent pH or conductivity, and pressure drop within the operating values established during the compliance demonstration. 7. carbon absorber ...... maintain the regeneration frequency, total regeneration adsorber stream mass or volumetric flow during carbon bed regeneration, and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle within the values established during the compliance dem- onstration. 8. oil absorber ...... maintain the daily average absorption liquid flow, absorption liquid temperature, and steam flow within the values established during the compliance demonstration. 9. any of the control tech- if using a CEMS, maintain the daily average control efficiency of each control device no lower than the value es- niques specified in this tablished during the compliance demonstration. table. 10. any of the control tech- a. if you wish to establish alternative operating parameters, submit the application for approval of the alternative niques specified in this operating parameters no later than the notification of the performance test or CEMS performance evaluation or table. no later than 60 days prior to any other initial compliance demonstration; b. the application must include: Information justifying the request for alternative operating parameters (such as the infeasibility or impracticality of using the operating parameters in this final rule); a description of the pro- posed alternative control device operating parameters; the monitoring approach; the frequency of measuring and recording the alternative parameters; how the operating limits are to be calculated; and information docu- menting that the alternative operating parameters would provide equivalent or better assurance of compliance with the standard; c. install, operate, and maintain the alternative parameter monitoring systems in accordance with the application approved by the Administrator; d. establish operating limits during the initial compliance demonstration based on the alternative operating param- eters included in the approved application; and e. maintain the daily average alternative operating parameter values within the values established during the compliance demonstration. 11. alternative control tech- a. submit for approval no later than the notification of the performance test or CEMS performance evaluation or nique. no later than 60 days prior to any other initial compliance demonstration a proposed site-specific plan that in- cludes: A description of the alternative control device; test results verifying the performance of the control de- vice; the appropriate operating parameters that will be monitored; and the frequency of measuring and record- ing to establish continuous compliance with the operating limits; b. install, operate, and maintain the parameter monitoring system for the alternative control device in accordance with the plan approved by the Administrator; c. establish operating limits during the initial compliance demonstration based on the operating parameters for the alternative control device included in the approved plan; and d. maintain the daily average operating parameter values for the alternative control technique within the values established during the compliance demonstration.

■ 13. Table 3 to Subpart UUUU is Table 3 to Subpart UUUU of Part 63— demonstrate initial compliance with the revised to read as follows: Initial Compliance With Emission appropriate emission limits and work Limits and Work Practice Standards practice standards according to the As required in §§ 63.5530(a) and requirements in the following table: 63.5535(g) and (h), you must

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 39999

for the following emission limit or work prac- you have demonstrated initial compliance if For . . . at . . . tice standard ......

1. the sum of all viscose a. each existing cel- i. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide process vents lulose food casing (reported as carbon disulfide) by at least emissions, determined during the month- operation 25 percent based on a 6-month rolling av- long compliance demonstration or using erage; engineering assessments, are reduced by ii. for each vent stream that you control at least 25 percent; using a control device, route the vent (2) you have a record of the range of oper- stream through a closed-vent system to ating parameter values over the month- the control device; and long compliance demonstration during iii. comply with the work practice standard for which the average uncontrolled total sul- closed-vent systems fide emissions were reduced by at least 25 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems. b. each new cellulose i. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide food casing oper- (reported as carbon disulfide) by at least emissions, determined during the month- ation 75 percent based on a 6-month rolling av- long compliance demonstration or using erage; engineering assessments, are reduced by ii. for each vent stream that you control at least 75 percent; using a control device, route the vent (2) you have a record of the range of oper- stream through a closed-vent system to ating parameter values over the month- the control device; and long compliance demonstration during iii. comply with the work practice standard for which the average uncontrolled total sul- closed-vent systems. fide emissions were reduced by at least 75 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems. c. each existing rayon i. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide operation (reported as carbon disulfide) by at least emissions, determined during the month- 35 percent within 3 years after the effec- long compliance demonstration or using tive date based on a 6-month rolling aver- engineering assessments, are reduced by age; for each vent stream that you control at least 35 percent within 3 years after the using a control device, route the vent effective date; stream through a closed-vent system to (2) you have a record of the average oper- the control device; and comply with the ating parameter values over the month- work practice standard for closed-vent sys- long compliance demonstration during tems; and which the average uncontrolled total sul- fide emissions were reduced by at least 35 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems; and ii. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide (reported as carbon disulfide) by at least emissions, determined during the month- 40 percent within 8 years after the effec- long compliance demonstration or using tive date based on a 6-month rolling aver- engineering assessments, are reduced by age; for each vent stream that you control at least 40 percent within 8 years after the using a control device, route the vent effective date; stream through a closed-vent system to (2) you have a record of the average oper- the control device; and comply with the ating parameter values over the month- work practice standard for closed-vent sys- long compliance demonstration during tems. which the average uncontrolled total sul- fide emissions were reduced by at least 40 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of the total sul- fide emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40000 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

for the following emission limit or work prac- you have demonstrated initial compliance if For . . . at . . . tice standard ......

d. each new rayon op- i. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide eration (reported as carbon disulfide) by at least emissions, determined during the month- 75 percent; based on a 6-month rolling av- long compliance demonstration or using erage; engineering assessments, are reduced by ii. for each vent stream that you control at least 75 percent; using a control device, route the vent (2) you have a record of the average oper- stream through a closed-vent system to ating parameter values over the month- the control device; and long compliance demonstration during iii. comply with the work practice standard for which the average uncontrolled total sul- closed-vent systems. fide emissions were reduced by at least 75 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of total sulfide missions; and (4) you comply with the initial compliance re- quirements for closed-vent systems. e. each existing or i. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide new cellulosic (reported as carbon disulfide) by at least emissions, determined during the month- sponge operation 75 percent based on a 6-month rolling av- long compliance demonstration or using erage; engineering assessments, are reduced by ii. for each vent stream that you control at least 75 percent; using a control device, route the vent (2) you have a record of the average oper- stream through a closed-vent system to ating parameter values over the month- the control device; and long compliance demonstration during iii. comply with the work practice standard for which the average uncontrolled total sul- closed-vent systems. fide emissions were reduced by at least 75 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine and the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems. f. each existing or new i. reduce total uncontrolled sulfide emissions (1) the average uncontrolled total sulfide cellophane oper- (reported as carbon disulfide) by at least emissions, determined during the month- ation 75 percent based on a 6-month rolling av- long compliance demonstration or using erage; engineering assessments, are reduced by ii. for each vent stream that you control at least 75 percent; using a control device (except for retract- (2) you have a record of the average oper- able hoods over sulfuric acid baths at a ating parameter values over the month- cellophane operation), route the vent long compliance demonstration during stream through a closed-vent system to which the average uncontrolled total sul- the control device; and fide emissions were reduced by at least 75 iii. comply with the work practice standard for percent; closed-vent systems. (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of total sulfide emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems. 2. the sum of all solvent a. each existing or i. reduce uncontrolled toluene emissions by (1) the average uncontrolled toluene emis- coating process vents new cellophane op- at least 95 percent based on a 6-month sions, determined during the month-long eration rolling average; compliance demonstration or using engi- ii. for each vent stream that you control neering assessments, are reduced by at using a control device, route the vent least 95 percent; stream through a closed-vent system to (2) you have a record of the average oper- the control device; and ating parameter values over the month- iii. comply with the work practice standard for long compliance demonstration during closed-vent systems. which the average uncontrolled toluene emissions were reduced by at least 95 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of toluene emissions; and (4) you comply with the initial compliance re- quirements for closed-vent systems.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40001

for the following emission limit or work prac- you have demonstrated initial compliance if For . . . at . . . tice standard ......

3. the sum of all cel- a. each existing or i. reduce total uncontrolled organic HAP (1) average uncontrolled total organic HAP lulose ether process new cellulose ether emissions by at least 99 percent; emissions, measured during the perform- vents operation using a ii. for each vent stream that you control ance test or determined using engineering performance test to using a control device, route the vent estimates are reduced by at least 99 per- demonstrate initial stream through a closed-vent system to cent; compliance; or the control device; and (2) you have a record of the average oper- iii. comply with the work practice standard for ating parameter values over the perform- closed-vent systems. ance test during which the average uncon- trolled total organic HAP emissions were reduced by at least 99 percent; and (3) you comply with the initial compliance re- quirements for closed-vent systems. b. each existing or i. reduce total uncontrolled organic HAP (1) average uncontrolled total organic HAP new cellulose ether emissions by at least 99 percent based on emissions, determined during the month- operation using a a 6-month rolling average; long compliance demonstration or using material balance ii. for each vent stream that you control engineering estimates are reduced by at compliance dem- using a control device, route the vent least 99 percent; onstration to dem- stream through a closed-vent system to (2) you have a record of the average oper- onstrate initial com- the control device; and ation parameter values over the month- pliance iii. comply with the work practice standard for long compliance demonstration during closed-vent systems. which the average uncontrolled total or- ganic HAP emissions were reduced by at least 99 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of total organic HAP emissions; (4) if you use extended cookout to comply, you measure the HAP charged to the re- actor, record the grade of product pro- duced, and then calculate reactor emis- sions prior to extended cookout by taking a percentage of the total HAP charged. 4. closed-loop systems each existing or new operate and maintain the closed-loop system you have a record certifying that a closed- cellulose ether oper- for cellulose ether operations. loop system is in use for cellulose ether ation operations. 5. each carbon disulfide a. each existing or i. reduce uncontrolled carbon disulfide emis- (1) you have a record documenting the 83- unloading and storage new viscose proc- sions by at least 83 percent from unload- percent reduction in uncontrolled carbon operation ess affected source ing and storage operations based on a 6- disulfide emissions; and month rolling average if you use an alter- (2) if venting to a control device to reduce native control technique not listed in this emissions, you comply with the initial com- table for carbon disulfide unloading and pliance requirements for closed-vent sys- storage operations; if using a control de- tems; vice to reduce emissions, route emissions through a closed-vent system to the con- trol device; and comply with the work prac- tice standard for closed-vent systems; ii. reduce uncontrolled carbon disulfide by at (1) you comply with the initial compliance re- least 0.14 percent from viscose process quirements for viscose process vents at vents based on a 6-month rolling average; existing or new cellulose food casing, for each vent stream that you control using rayon, cellulosic sponge, or cellophane op- a control device, route the vent stream erations, as applicable; through a closed-vent system to the con- (2) the 0.14-percent reduction must be in ad- trol device; and comply with the work prac- dition to the reduction already required for tice standard for closed-vent systems; viscose process vents at existing or new cellulose food casing, rayon, cellulosic sponge, or cellophane operations, as ap- plicable; and (3) you comply with the initial compliance re- quirements for closed-vent systems; iii. install a nitrogen unloading and storage you have a record certifying that a nitrogen system; or unloading and storage system is in use; or

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40002 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

for the following emission limit or work prac- you have demonstrated initial compliance if For . . . at . . . tice standard ......

iv. install a nitrogen unloading system; re- (1) you have a record certifying that a nitro- duce uncontrolled carbon disulfide by at gen unloading system is in use; least 0.045 percent from viscose process (2) you comply with the initial compliance re- vents based on a 6-month rolling average; quirements for viscose process vents at for each vent stream that you control using existing or new cellulose food casing, a control device, route the vent stream rayon, cellulosic sponge, or cellophane op- through a closed-vent system to the con- erations, as applicable; trol device; and comply with the work prac- (3) the 0.045-percent reduction must be in tice standard for closed-vent systems. addition to the reduction already required for viscose process vents at cellulose food casing, rayon, cellulosic sponge, or cello- phane operations, as applicable; and (4) you comply with the initial compliance re- quirements for closed-vent systems. 6. each toluene storage a. each existing or i. reduce uncontrolled toluene emissions by (1) the average uncontrolled toluene emis- vessel new cellophane op- at least 95 percent based on a 6-month sions, determined during the month-long eration rolling average; compliance demonstration or using engi- ii. if using a control device to reduce emis- neering assessments, are reduced by at sions, route the emissions through a least 95 percent; closed-vent system to the control device; (2) you have a record of the average oper- and ating parameter values over the month- iii. comply with the work practice standard for long compliance demonstration during closed-vent systems. which the average uncontrolled toluene emissions were reduced by at least 95 percent; (3) you prepare a material balance that in- cludes the pertinent data used to deter- mine the percent reduction of toluene emissions; and (4) if venting to a control device to reduce emissions, you comply with the initial com- pliance requirements for closed-vent sys- tems. 7. equipment leaks a. each existing or i. comply with the applicable equipment leak you comply with the applicable requirements new cellulose ether standards of §§ 63.162 through 63.179; or described in the Notification of Compliance operation Status Report provisions in § 63.182(a)(2) and (c)(1) through (3), except that ref- erences to the term ‘‘process unit’’ mean ‘‘cellulose ether process unit’’ for the pur- poses of this subpart; or ii. comply with the applicable equipment leak you comply with the applicable requirements standards of §§ 63.1021 through 63.1027. described in the Initial Compliance Status Report provisions of § 63.1039(a), except that references to the term ‘‘process unit’’ mean ‘‘cellulose ether process unit’’ for the purposes of this subpart. 8. all sources of waste- each existing or new comply with the applicable wastewater provi- you comply with the applicability and Group water emissions cellulose ether oper- sions of § 63.105 and §§ 63.132 through 1/Group 2 determination provisions of ation 63.140. § 63.144 and the initial compliance provi- sions of §§ 63.105 and 63.145. 9. liquid streams in open each existing or new comply with the applicable provisions of you install emission suppression equipment systems cellulose ether oper- § 63.149, except that references to and conduct an initial inspection according ation ‘‘chemical manufacturing process unit’’ to the provisions of §§ 63.133 through mean ‘‘cellulose ether process unit’’ for the 63.137. purposes of this subpart. 10. closed-vent system a. each existing or i. conduct annual inspections, repair leaks, (1) you conduct an initial inspection of the used to route emis- new affected source and maintain records as specified in closed-vent system and maintain records sions to a control de- § 63.148. according to § 63.148; vice (2) you prepare a written plan for inspecting unsafe-to-inspect and difficult-to-inspect equipment according to § 63.148(g)(2) and (h)(2); and (3) you repair any leaks and maintain records according to § 63.148.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40003

for the following emission limit or work prac- you have demonstrated initial compliance if For . . . at . . . tice standard ......

11. closed-vent system a. each existing or i. install, calibrate, maintain, and operate a you have a record documenting that you in- containing a bypass new affected source flow indicator as specified in § 63.148(f)(1); stalled a flow indicator as specified in line that could divert a or Table 1 to this subpart; or vent stream away from a control device, ex- cept for equipment needed for safety pur- poses (described in § 63.148(f)(3)) ii. secure the bypass line valve in the closed you have record documenting that you have position with a car-seal or lock-and-key secured the bypass line valve as specified type configuration and inspect the seal or in Table 1 to this subpart. closure mechanism at least once per month as specified in § 63.148(f)(2) 12. heat exchanger sys- a. each existing or i. monitor and repair the heat exchanger sys- (1) you determine that the heat exchanger tem that cools process new affected source tem according to § 63.104(a) through (e), system is exempt from monitoring require- equipment or materials except that references to ‘‘chemical manu- ments because it meets one of the condi- in the process unit facturing process unit’’ mean ‘‘cellulose tions in § 63.104(a)(1) through (6), and you food casing, rayon, cellulosic sponge, cel- document this finding in your Notification lophane, or cellulose ether process unit’’ of Compliance Status Report; or for the purposes of this subpart. (2) if your heat exchanger system is not ex- empt, you identify in your Notification of Compliance Status Report the HAP or other representative substance that you will monitor, or you prepare and maintain a site-specific plan containing the informa- tion required by § 63.104(c)(1)(i) through (iv) that documents the procedures you will use to detect leaks by monitoring sur- rogate indicators of the leak.

■ 14. Table 4 to Subpart UUUU is Table 4 to Subpart UUUU of Part 63— must conduct performance tests, other revised to read as follows: Requirements for Performance Tests initial compliance demonstrations, and CEMS performance evaluations and As required in §§ 63.5530(b) and establish operating limits according to 63.5535(a), (b), (g)(1), and (h)(1), you the requirements in the following table:

according to the following For . . . at . . . you must . . . using . . . requirements . . .

1. the sum of all proc- a. each existing or i. select sampling EPA Method 1 or 1A sampling sites must be located at the inlet ess vents. new affected source. port’s location and in appendix A–1 to and outlet to each control device; the number of tra- part 60 of this chap- verse points; ter; ii. determine velocity EPA Method 2, 2A, you may use EPA Method 2A, 2C, 2D, 2F, and volumetric flow 2C, 2D, 2F, or 2G or 2G as an alternative to using EPA rate; in appendices A–1 Method 2, as appropriate; and A–2 to part 60 of this chapter; iii. conduct gas anal- (1) EPA Method 3, you may use EPA Method 3A or 3B as an ysis; and, 3A, or 3B in appen- alternative to using EPA Method 3; or, dix A–2 to part 60 of this chapter; or, (2) ASME PTC 19.10– you may use ASME PTC 19.10–1981—Part 1981—Part 10 (in- 10 as an alternative to using the manual corporated by ref- procedures (but not instrumental proce- erence—see dures) in EPA Method 3B. § 63.14); and, iv. measure moisture EPA Method 4 in ap- content of the stack pendix A–3 to part gas. 60 of this chapter.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40004 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

according to the following For . . . at . . . you must . . . using . . . requirements . . .

2. the sum of all vis- a. each existing or i. measure total sulfide (1) EPA Method 15 in (a) you must conduct testing of emissions at cose process vents. new viscose proc- emissions. appendix A–5 to the inlet and outlet of each control device; ess source. part 60 of this chap- (b) you must conduct testing of emissions ter; or from continuous viscose process vents and combinations of batch and continuous viscose process vents at normal operating conditions, as specified in § 63.5535; (c) you must conduct testing of emissions from batch viscose process vents as spec- ified in § 63.490(c), except that the emis- sion reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (d) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration. (2) carbon disulfide (a) you must measure emissions at the inlet and/or hydrogen and outlet of each control device using sulfide CEMS, as CEMS; applicable; (b) you must install, operate, and maintain the CEMS according to the applicable per- formance specification (PS–7, PS–8, PS– 9, or PS–15) of appendix B to part 60 of this chapter; and (c) you must collect CEMS emissions data at the inlet and outlet of each control device during the period of the initial compliance demonstration and determine the CEMS operating limit during the period of the ini- tial compliance demonstration. 3. the sum of all sol- a. each existing or i. measure toluene (1) EPA Method 18 in (a) you must conduct testing of emissions at vent coating proc- new cellophane op- emissions. appendix A–6 to the inlet and outlet of each control device; ess vents. eration. part 60 of this chap- (b) you may use EPA Method 18 or 320 to ter, or Method 320 determine the control efficiency of any in appendix A to control device for organic compounds; for part 63; or a combustion device, you must use only HAP that are present in the inlet to the control device to characterize the percent reduction across the combustion device; (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and con- tinuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the initial compliance dem- onstration.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40005

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(2) ASTM D6420–99 (a) you must conduct testing of emissions at (Reapproved 2010) the inlet and outlet of each control device; (incorporated by ref- (b) you may use ASTM D6420–99 (Re- erence—see approved 2010) as an alternative to EPA § 63.14); or Method 18 only where: The target com- pound(s) are known and are listed in ASTM D6420 as measurable; this ASTM should not be used for methane and eth- ane because their atomic mass is less than 35; ASTM D6420 should never be specified as a total VOC method; (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and con- tinuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40006 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(3) ASTM D6348– (a) you must conduct testing of emissions at 12e1 (incorporated the inlet and outlet of each control device; by reference—see (b) you may use ASTM D6348–12e1 as an § 63.14). alternative to EPA Method 320 only where the following conditions are met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sec- tions A1 through A8 are mandatory; and (2) in ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a com- pound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test re- port, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/(%R)) × 100. ASTM D6348–03 is incorporated by ref- erence, see § 63.14. (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and con- tinuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40007

according to the following For . . . at . . . you must . . . using . . . requirements . . .

4. the sum of all cel- a. each existing or i. measure total or- (1) EPA Method 18 in (a) you must conduct testing of emissions at lulose ether process new cellulose ether ganic HAP emis- appendix A–6 to the inlet and outlet of each control device; vents. operation. sions. part 60 of this chap- (b) you may use EPA Method 18 or 320 to ter or Method 320 in determine the control efficiency of any appendix A to this control device for organic compounds; for part, or a combustion device, you must use only HAP that are present in the inlet to the control device to characterize the percent reduction across the combustion device; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and con- tinuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test. (2) ASTM D6420–99 (a) you must conduct testing of emissions at (Reapproved 2010); the inlet and outlet of each control device; or (b) you may use ASTM D6420–99 (Re- approved 2010) as an alternative to EPA Method 18 only where: The target com- pound(s) are known and are listed in ASTM D6420 as measurable; this ASTM should not be used for methane and eth- ane because their atomic mass is less than 35; ASTM D6420 should never be specified as a total VOC method; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and con- tinuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40008 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(3) ASTM D6348– (a) you must conduct testing of emissions at 12e1. the inlet and outlet of each control device; (b) you may use ASTM D6348–12e1 as an alternative to EPA Method 320 only where the following conditions are met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sec- tions A1 through A8 are mandatory; and (2) in ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a com- pound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test re- port, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/(%R)) × 100. (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and con- tinuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration. (4) EPA Method 25 in (a) you must conduct testing of emissions at appendix A–7 to the inlet and outlet of each control device; part 60 of this chap- (b) you may use EPA Method 25 to deter- ter; or mine the control efficiency of combustion devices for organic compounds; you may not use EPA Method 25 to determine the control efficiency of noncombustion control devices; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and con- tinuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40009

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(5) EPA Method 25A (a) you must conduct testing of emissions at in appendix A–7 to the inlet and outlet of each control device; part 60 of this chap- (b) you may use EPA Method 25A if: An ex- ter. haust gas volatile organic matter con- centration of 50 ppmv or less is required in order to comply with the emission limit; the volatile organic matter concentration at the inlet to the control device and the required level of control are such as to result in ex- haust volatile organic matter concentra- tions of 50 ppmv or less; or because of the high control efficiency of the control device, the anticipated volatile organic matter concentration at the control device exhaust is 50 ppmv or less, regardless of the inlet concentration; (c) you must conduct testing of emissions from continuous cellulose ether process vents and combinations of batch and con- tinuous cellulose ether process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch cellulose ether process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and, (e) you must collect CPMS data during the period of the initial performance test and determine the CPMS operating limit during the period of the initial performance test. 5. each toluene stor- a. each existing or i. measure toluene (1) EPA Method 18 in (a) if venting to a control device to reduce age vessel. new cellophane op- emissions. appendix A–6 to emissions, you must conduct testing of eration. part 60 of this chap- emissions at the inlet and outlet of each ter or Method 320 in control device; appendix A to this (b) you may use EPA Method 18 or 320 to part; or determine the control efficiency of any control device for organic compounds; for a combustion device, you must use only HAP that are present in the inlet to the control device to characterize the percent reduction across the combustion device; (c) you must conduct testing of emissions from continuous storage vessel vents and combinations of batch and continuous storage vessel vents at normal operating conditions, as specified in § 63.5535 for continuous process vents; (d) you must conduct testing of emissions from batch storage vessel vents as speci- fied in § 63.490(c) for batch process vents, except that the emission reductions re- quired for process vents under this subpart supersede the emission reductions re- quired for process vents under subpart U of this part; and, (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40010 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(2) ASTM D6420–99; (a) if venting to a control device to reduce or emissions, you must conduct testing of emissions at the inlet and outlet of each control device; (b) you may use ASTM D6420–99 (Re- approved 2010) as an alternative to EPA Method 18 only where: The target com- pound(s) are known and are listed in ASTM D6420 as measurable; this ASTM should not be used for methane and eth- ane because their atomic mass is less than 35; ASTM D6420 should never be specified as a total VOC method; (c) you must conduct testing of emissions from continuous storage vessel vents and combinations of batch and continuous storage vessel vents at normal operating conditions, as specified in § 63.5535 for continuous process vents; (d) you must conduct testing of emissions from batch storage vessel vents as speci- fied in § 63.490(c) for batch process vents, except that the emission reductions re- quired for process vents under this subpart supersede the emission reductions re- quired for process vents under subpart U of this part; and, (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40011

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(3) ASTM D6348– (a) you must conduct testing of emissions at 12e1. the inlet and outlet of each control device; (b) you may use ASTM D6348–12e1 as an alternative to EPA Method 320 only where the following conditions are met: (1) The test plan preparation and implementation in the Annexes to ASTM D 6348–03, Sec- tions A1 through A8 are mandatory; and (2) in ASTM D6348–03 Annex A5 (Analyte Spiking Technique), the percent recovery (%R) must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a com- pound, %R must be greater than or equal to 70 percent and less than or equal to 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical procedure should be adjusted before a retest). The %R value for each compound must be reported in the test re- port, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: Reported Results = ((Measured Concentration in the Stack)/(%R)) × 100. (c) you must conduct testing of emissions from continuous solvent coating process vents and combinations of batch and con- tinuous solvent coating process vents at normal operating conditions, as specified in § 63.5535; (d) you must conduct testing of emissions from batch solvent coating process vents as specified in § 63.490(c), except that the emission reductions required for process vents under this subpart supersede the emission reductions required for process vents under subpart U of this part; and (e) you must collect CPMS data during the period of the initial compliance demonstra- tion and determine the CPMS operating limit during the period of the initial compli- ance demonstration. 6. the sum of all proc- each existing or new measure visible emis- EPA Method 22 in ap- you must conduct the flare visible emissions ess vents controlled affected source. sions. pendix A–7 to part test according to § 63.11(b). using a flare. 60 of this chapter. 7. equipment leaks .... a. each existing or i. measure leak rate. (1) applicable equip- you must follow all requirements for the ap- new cellulose ether ment leak test plicable equipment leak test methods in operation. methods in § 63.180; or § 63.180; or (2) applicable equip- you must follow all requirements for the ap- ment leak test plicable equipment leak test methods in methods in § 63.1023. § 63.1023. 8. all sources of a. each existing or i. measure wastewater (1) applicable waste- (a) You must follow all requirements for the wastewater emis- new cellulose ether HAP emissions. water test methods applicable wastewater test methods and sions. operation. and procedures in procedures in §§ 63.144 and 63.145; or §§ 63.144 and 63.145; or

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40012 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

according to the following For . . . at . . . you must . . . using . . . requirements . . .

(2) applicable waste- (a) you must follow all requirements for the water test methods applicable waste water test methods and and procedures in procedures in §§ 63.144 and 63.145, ex- §§ 63.144 and cept that you may use ASTM D5790–95 63.145, using ASTM (Reapproved 2012) as an alternative to D5790–95 (Re- EPA Method 624, under the condition that approved 2012) (in- this ASTM method be used with the sam- corporated by ref- pling procedures of EPA Method 25D or erence—see an equivalent method. § 63.14) as an alter- native to EPA Meth- od 624 in appendix A to part 163 of this chapter. 9. any emission point a. each existing or i. conduct a CEMS (1) applicable require- (a) you must conduct the CEMS perform- new affected source performance eval- ments in § 63.8 and ance evaluation during the period of the using a CEMS to uation. applicable perform- initial compliance demonstration according demonstrate compli- ance specification to the applicable requirements in § 63.8 ance. (PS–7, PS–8, PS–9, and the applicable performance specifica- or PS–15) in appen- tion (PS–7, PS–8, PS–9, or PS–15) of 40 dix B to part 60 of CFR part 60, appendix B; this chapter. (b) you must install, operate, and maintain the CEMS according to the applicable per- formance specification (PS–7, PS–8, PS– 9, or PS–15) of 40 CFR part 60, appendix B; and (c) you must collect CEMS emissions data at the inlet and outlet of each control device during the period of the initial compliance demonstration and determine the CEMS operating limit during the period of the ini- tial compliance demonstration.

■ 15. Table 5 to Subpart UUUU is Table 5 to Subpart UUUU of Part 63— with the appropriate emission limits revised to read as follows: Continuous Compliance With Emission and work practice standards according Limits and Work Practice Standards to the requirements in the following As required in § 63.5555(a), you must table: demonstrate continuous compliance

for the following emission limit or work prac- you must demonstrate continuous compliance For . . . at . . . tice standard . . . by . . .

1. the sum of all vis- a. each existing or i. reduce total uncontrolled sulfide emissions (1) maintaining a material balance that in- cose process vents. new viscose proc- (reported as carbon disulfide) by at least cludes the pertinent data used to determine ess affected source. the specified percentage based on a 6- the percent reduction of total sulfide emis- month rolling average; sions; ii. for each vent stream that you control using (2) documenting the percent reduction of total a control device (except for retractable sulfide emissions using the pertinent data hoods over sulfuric acid baths at a cello- from the material balance; and phane operation), route the vent stream (3) complying with the continuous compliance through a closed-vent system to the control requirements for closed-vent systems. device; and iii. comply with the work practice standard for closed-vent systems (except for retractable hoods over sulfuric acid baths at a cello- phane operation) 2. the sum of all sol- a. each existing or i. reduce uncontrolled toluene emissions by (1) maintaining a material balance that in- vent coating process new cellophane op- at least 95 percent based on a 6-month cludes the pertinent data used to determine vents. eration. rolling average; the percent reduction of toluene emissions; ii. for each vent stream that you control using (2) documenting the percent reduction of tol- a control device, route the vent stream uene emissions using the pertinent data through a closed-vent system to the control from the material balance; and device; and (3) complying with the continuous compliance iii. comply with the work practice standard for requirements for closed-vent systems. closed-vent systems.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40013

for the following emission limit or work prac- you must demonstrate continuous compliance For . . . at . . . tice standard . . . by . . .

3. the sum of all cel- a. each existing or i. reduce total uncontrolled organic HAP (1) complying with the continuous compliance lulose ether process new cellulose ether emissions by at least 99 percent; requirements for closed-vent systems; or vents. operation using a ii. for each vent stream that you control using (2) if using extended cookout to comply, performance test to a control device, route the vent stream monitoring reactor charges and keeping demonstrate initial through a closed-vent system to the control records to show that extended cookout was compliance; or. device; and, employed. iii. comply with the work practice standard for closed-vent systems; or b. each existing or i. reduce total uncontrolled organic HAP (1) maintaining a material balance that in- new cellulose ether emissions by at least 99 percent based on cludes the pertinent data used to determine operation using a a 6-month rolling average; the percent reduction of total organic HAP material balance ii. for each vent stream that you control using emissions; compliance dem- a control device, route the vent stream (2) documenting the percent reduction of total onstration to dem- through a closed-vent system to control de- organic HAP emissions using the pertinent onstrate initial com- vice; and data from the material balance; pliance. iii. comply with the work practice standard for (3) if using extended cookout to comply, closed-vent systems. monitoring reactor charges and keeping records to show that extended cookout was employed; (4) complying with the continuous compliance requirements for closed-vent systems. 4. closed-loop systems each existing or new operate and maintain a closed-loop system. keeping a record certifying that a closed-loop cellulose ether oper- system is in use for cellulose ether oper- ation. ations. 5. each carbon disul- a. each existing or i. reduce uncontrolled carbon disulfide emis- (1) keeping a record documenting the 83 per- fide unloading and new viscose proc- sions by at least 83 percent based on a 6- cent reduction in carbon disulfide emis- storage operation. ess affected source. month rolling average if you use an alter- sions; and native control technique not listed in this (2) if venting to a control device to reduce table for carbon disulfide unloading and emissions, complying with the continuous storage operations; if using a control de- compliance requirements for closed-vent vice to reduce emissions, route emissions systems; through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; ...... ii. reduce total uncontrolled sulfide emissions (1) maintaining a material balance that in- by at least 0.14 percent from viscose proc- cludes the pertinent data used to determine ess vents based on a 6-month rolling aver- the percent reduction of total sulfide emis- age; for each vent stream that you control sions; using a control device, route the vent (2) documenting the percent reduction of total stream through a closed-vent system to the sulfide emissions using the pertinent data control device; and comply with the work from the material balance; and practice standard for closed-vent systems; (3) complying with the continuous compliance requirements for closed-vent systems; ...... iii. install a nitrogen unloading and storage Keeping a record certifying that a nitrogen system; or unloading and storage system is in use; or ...... iv. install a nitrogen unloading system; reduce (1) keeping a record certifying that a nitrogen total uncontrolled sulfide emissions by at unloading system is in use; least 0.045 percent from viscose process (2) maintaining a material balance that in- vents based on a 6-month rolling average; cludes the pertinent data used to determine for each vent stream that you control using the percent reduction of total sulfide emis- a control device, route the vent stream sions; through a closed-vent system to the control (3) documenting the percent reduction of total device; and comply with the work practice sulfide emissions using the pertinent data standard for closed-vent systems. from the material balance; and (4) complying with the continuous compliance requirements for closed-vent systems. 6. each toluene storage a. each existing or i. reduce uncontrolled toluene emissions by (1) maintaining a material balance that in- vessel. new cellophane op- at least 95 percent based on a 6-month cludes the pertinent data used to determine eration. rolling average; the percent reduction of toluene emissions; ii. if using a control device to reduce emis- (2) documenting the percent reduction of tol- sions, route the emissions through a uene emissions using the pertinent data closed-vent system to the control device; from the material balance; and and (3) if venting to a control device to reduce iii. comply with the work practice standard for emissions, complying with the continuous closed vent systems. compliance requirements for closed-vent systems. 7. equipment leaks ...... a. each existing or i. applicable equipment leak standards of complying with the applicable equipment leak new cellulose ether §§ 63.162 through 63.179; or continuous compliance provisions of operation. ii. applicable equipment leak standards of §§ 63.162 through 63.179; or complying §§ 63.1021 through 63.1037. with the applicable equipment leak contin- uous compliance provisions of §§ 63.1021 through 63.1037.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40014 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

for the following emission limit or work prac- you must demonstrate continuous compliance For . . . at . . . tice standard . . . by . . .

8. all sources of waste- each existing or new applicable wastewater provisions of § 63.105 complying with the applicable wastewater water emissions. cellulose either op- and §§ 63.132 through 63.140. continuous compliance provisions of eration. §§ 63.105, 63.143, and 63.148. 9. liquid streams in each existing or new comply with the applicable provisions of conducting inspections, repairing failures, open systems. cellulose ether oper- § 63.149, except that references to ‘‘chem- documenting delay of repair, and maintain- ation. ical manufacturing process unit’’ mean ing records of failures and corrective ac- ‘‘cellulose ether process unit’’ for the pur- tions according to §§ 63.133 through poses of this subpart. 63.137. 10. closed-vent system each existing or new conduct annual inspections, repair leaks, conducting the inspections, repairing leaks, used to route emis- affected source. maintain records as specified in § 63.148. and maintaining records according to sions to a control de- § 63.148. vice. 11. closed-vent system a. each existing or i. install, calibrate, maintain, and operate a (1) taking readings from the flow indicator at containing a bypass new affected source. flow indicator as specified in § 63.148(f)(1); least once every 15 minutes; line that could divert or (2) maintaining hourly records of flow indi- a vent stream away cator operation and detection of any diver- from a control de- sion during the hour, and vice, except for (3) recording all periods when the vent equipment needed stream is diverted from the control stream for safety purposes or the flow indicator is not operating; or (described in § 63.148(f)(3). ii. secure the bypass line valve in the closed (1) maintaining a record of the monthly visual position with a car-seal or lock-and-key inspection of the seal or closure mecha- type configuration and inspect the seal or nism for the bypass line; and mechanism at least once per month as (2) recording all periods when the seal mech- specified in § 63.148(f)(2). anism is broken, the bypass line valve po- sition has changed, or the key for a lock- and-key type lock has been checked out. 12. heat exchanger a. each existing or i. monitor and repair the heat exchanger sys- (1) monitoring for HAP compounds, other system that cools new affected source. tem according to § 63.104(a) through (e), substances, or surrogate indicators at the process equipment except that references to ‘‘chemical manu- frequency specified in § 63.104(b) or (c); or materials in the facturing process unit’’ mean ‘‘cellulose (2) repairing leaks within the time period process unit. food casing, rayon, cellulosic sponge, cello- specified in § 63.104(d)(1); phane, or cellulose ether process unit’’ for (3) confirming that the repair is successful as the purposes of this subpart. specified in § 63.104(d)(2); (4) following the procedures in § 63.104(e) if you implement delay of repair; and (5) recording the results of inspections and repair according to § 63.104(f)(1).

■ 16. Table 6 to Subpart UUUU is Table 6 to Subpart UUUU of Part 63— with the appropriate operating limits revised to read as follows: Continuous Compliance With Operating according to the requirements in the Limits following table: As required in § 63.5555(a), you must demonstrate continuous compliance

For the following control tech- for the following operating limit . . . you must demonstrate continuous compliance by . . . nique . . .

1. condenser .... maintain the daily average condenser outlet gas or con- collecting the condenser outlet gas or condensed liquid tem- densed liquid temperature no higher than the value estab- perature data according to § 63.5545; reducing the con- lished during the compliance demonstration. denser outlet gas temperature data to daily averages; and maintaining the daily average condenser outlet gas or con- densed liquid temperature no higher than the value estab- lished during the compliance demonstration. 2. thermal oxi- a. for normal operations, maintain the daily average thermal collecting the thermal oxidizer firebox temperature data ac- dizer. oxidizer firebox temperature no lower than the value estab- cording to § 63.5545; reducing the thermal oxidizer firebox lished during the compliance demonstration. temperature data to daily averages; and maintaining the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance dem- onstration. b. for periods of startup, maintain documentation dem- collecting the appropriate, site-specific data needed to dem- onstrating that the oxidizer was properly operating (e.g., onstrate that the oxidizer was properly operating prior to firebox temperature had reached the setpoint temperature) emission unit start up; and excluding firebox temperature prior to emission unit startup.. from the daily averages during emission unit startup.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40015

For the following control tech- for the following operating limit . . . you must demonstrate continuous compliance by . . . nique . . .

3. water scrub- a. for periods of normal operation, maintain the daily average collecting the scrubber pressure drop and scrubber liquid flow ber. scrubber pressure drop and scrubber liquid flow rate within rate data according to § 63.5545; reducing the scrubber pa- the range of values established during the compliance rameter data to daily averages; and maintaining the daily demonstration. scrubber parameter values within the range of values es- tablished during the compliance demonstration. b. for periods of startup and shutdown, maintain documenta- collecting the appropriate, site-specific data needed to dem- tion to confirm that the scrubber is operating properly prior onstrate that the scrubber was operating properly during to emission unit startup and continues to operate properly emission unit startup and emission unit shutdown; and ex- until emission unit shutdown is complete. Appropriate start- cluding parameters from the daily average calculations. up and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating periods.. 4. caustic scrub- a. for periods of normal operation, maintain the daily average collecting the scrubber pressure drop, scrubber liquid flow ber. scrubber pressure drop, scrubber liquid flow rate, and rate, and scrubber liquid pH, conductivity, or alkalinity data scrubber liquid pH, conductivity, or alkalinity within the according to § 63.5545; reducing the scrubber parameter range of values established during the compliance dem- data to daily averages; and maintaining the daily scrubber onstration. parameter values within the range of values established during the compliance demonstration. b. for periods of startup and shutdown, maintain documenta- collecting the appropriate, site-specific data needed to dem- tion to confirm that the scrubber is operating properly prior onstrate that the scrubber was operating properly during to emission unit startup and continues to operate properly emission unit startup and emission unit shutdown; and ex- until emission unit shutdown is complete. Appropriate start- cluding parameters from the daily average calculations. up and shutdown operating parameters may be based on equipment design, manufacturer’s recommendations, or other site-specific operating values established for normal operating periods.. 5. flare ...... maintain the presence of a pilot flame ...... collecting the pilot flame data according to § 63.5545; and maintaining the presence of the pilot flame. 6. biofilter ...... maintain the daily average biofilter inlet gas temperature, bio- collecting the biofilter inlet gas temperature, biofilter effluent filter effluent pH or conductivity, and pressure drop within pH or conductivity, and biofilter pressure drop data accord- the values established during the compliance demonstra- ing to § 63.5545; reducing the biofilter parameter data to tion. daily averages; and maintaining the daily biofilter parameter values within the values established during the compliance demonstration. 7. carbon ab- maintain the regeneration frequency, total regeneration collecting the data on regeneration frequency, total regenera- sorber. stream mass or volumetric flow during carbon bed regen- tion stream mass or volumetric flow during carbon bed re- eration and temperature of the carbon bed after regenera- generation and temperature of the carbon bed after regen- tion (and within 15 minutes of completing any cooling eration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle within the values es- cycle(s)) for each regeneration cycle according to tablished during the compliance demonstration. § 63.5545; and maintaining carbon absorber parameter val- ues for each regeneration cycle within the values estab- lished during the compliance demonstration. 8. oil absorber .. maintain the daily average absorption liquid flow, absorption collecting the absorption liquid flow, absorption liquid tem- liquid temperature, and steam flow within the values estab- perature, and steam flow data according to § 63.5545; re- lished during the compliance demonstration. ducing the oil absorber parameter data to daily averages; and maintaining the daily oil absorber parameter values within the values established during the compliance dem- onstration. 9. any of the if using a CEMS, maintain the daily average control efficiency collecting CEMS emissions data at the inlet and outlet of control tech- for each control device no lower than the value established each control device according to § 63.5545; determining the niques speci- during the compliance demonstration. control efficiency values for each control device using the fied in this inlet and outlet CEMS emissions data; reducing the control table. efficiency values for each control device to daily averages; and maintaining the daily average control efficiency for each control device no lower than the value established during the compliance demonstration.

■ 17. Table 7 to Subpart UUUU is Table 7 to Subpart UUUU of Part 63— must submit the appropriate revised to read as follows: Notifications notifications specified in the following As required in §§ 63.5490(c)(4), table: 63.5530(c), 63.5575, and 63.5595(b), you

If you . . . then you must . . .

1. are required to conduct a performance test ...... submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as specified in §§ 63.7(b)(1) and 63.9(e).

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40016 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

If you . . . then you must . . .

2. are required to conduct a CMS performance evaluation ...... submit a notification of intent to conduct a CMS performance evalua- tion at least 60 calendar days before the CMS performance evalua- tion is scheduled to begin, as specified in §§ 63.8(e)(2) and 63.9(g). 3. wish to use an alternative monitoring method ...... submit a request to use alternative monitoring method no later than the notification of the initial performance test or CMS performance eval- uation or 60 days prior to any other initial compliance demonstration, as specified in § 63.8(f)(4). 4. start up your affected source before June 11, 2002 ...... submit an initial notification no later than 120 days after June 11, 2002, as specified in § 63.9(b)(2). 5. start up your new or reconstructed source on or after June 11, 2002 submit an initial notification no later than 120 days after you become subject to this subpart, as specified in § 63.9(b)(3). 6. cannot comply with the relevant standard by the applicable compli- submit a request for extension of compliance no later than 120 days ance date. before the compliance date, as specified in §§ 63.9(c) and 63.6(i)(4). 7. are subject to special requirements as specified in § 63.6(b)(3) and notify the Administrator of your compliance obligations no later than the (4). initial notification dates established in § 63.9(b) for new sources not subject to the special provisions, as specified in § 63.9(d). 8. are required to conduct visible emission observations to determine notify the Administrator of the anticipated date for conducting the ob- the compliance of flares as specified in § 63.11(b)(4). servations specified in § 63.6(h)(5), as specified in §§ 63.6(h)(4) and 63.9(f). 9. are required to conduct a performance test or other initial compli- a. submit a Notification of Compliance Status Report, as specified in ance demonstration as specified in Table 3 to this subpart. § 63.9(h); b. submit the Notification of Compliance Status Report, including the performance test, CEMS performance evaluation, and any other ini- tial compliance demonstration results within 240 calendar days fol- lowing the compliance date specified in § 63.5495; and c. for sources which construction or reconstruction commenced on or before September 9, 2019, beginning on December 29, 2020, submit all subsequent Notifications of Compliance Status following the pro- cedure specified in § 63.5580(g), (j), and (k). For sources which con- struction or reconstruction commenced after September 9, 2019, on July 2, 2020, or immediately upon startup, whichever is later, submit all subsequent Notifications of Compliance Status following the pro- cedure specified in § 63.5580(g), (j), and (k). 10. comply with the equipment leak requirements of subpart H of this comply with the notification requirements specified in § 63.182(a)(1) part for existing or new cellulose ether affected sources. and (2), (b), and (c)(1) through (3) for equipment leaks, with the Noti- fication of Compliance Status Reports required in subpart H included in the Notification of Compliance Status Report required in this sub- part. 11. comply with the equipment leak requirements of subpart UU of this comply with the notification requirements specified in § 63.1039(a) for part for existing or new cellulose ether affected sources. equipment leaks, with the Notification Compliance Status Reports re- quired in subpart UU of this part included in the Notification of Com- pliance Status Report required in this subpart. 12. comply with the wastewater requirements of subparts F and G of comply with the notification requirements specified in §§ 63.146(a) and this part for existing or new cellulose ether affected sources. (b), 63.151, and 63.152(a)(1) through (3) and (b)(1) through (5) for wastewater, with the Notification of Compliance Status Reports re- quired in subpart G of this part included in the Notification of Compli- ance Status Report required in this subpart.

■ 18. Table 8 to Subpart UUUU is Table 8 to Subpart UUUU of Part 63— revised to read as follows: Reporting Requirements As required in § 63.5580, you must submit the appropriate reports specified in the following table:

You must submit a compliance report, which must contain the following informa- tion . . . and you must submit the report . . .

1. if there are no deviations from any emission limit, operating limit, or work prac- semiannually as specified in § 63.5580(b); beginning on De- tice standard during the reporting period, then the report must contain the infor- cember 29, 2020, submit all subsequent reports following mation specified in § 63.5580(c); the procedure specified in § 63.5580(g). 2. if there were no periods during which the CMS was out-of-control, then the re- port must contain the information specified in § 63.5580(c)(6); 3. if there is a deviation from any emission limit, operating limit, or work practice standard during the reporting period, then the report must contain the informa- tion specified in § 63.5580(c) and (d); 4. if there were periods during which the CMS was out-of-control, then the report must contain the information specified in § 63.5580(e);

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40017

You must submit a compliance report, which must contain the following informa- tion . . . and you must submit the report . . .

5. for sources which commenced construction or reconstruction on or before Sep- tember 9, 2019, if prior to December 29, 2020, you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your SSM plan, then the report must contain the information specified in § 63.10(d)(5)(i); 6. for sources which commenced construction or reconstruction on or before Sep- tember 9, 2019, if prior to December 29, 2020, you had a startup, shutdown, or malfunction during the reporting period and you took actions that are not con- sistent with your SSM plan, then the report must contain the information speci- fied in § 63.10(d)(5)(ii); 7. the report must contain any change in information already provided, as speci- fied in § 63.9(j); 8. for cellulose ether affected sources complying with the equipment leak require- ments of subpart H of this part, the report must contain the information speci- fied in § 63.182(a)(3) and (6) and (d)(2) through (4); 9. for cellulose ether affected sources complying with the equipment leak require- ments of subpart UU of this part, the report must contain the information speci- fied in § 63.1039(b); 10. for cellulose ether affected sources complying with the wastewater require- ments of subparts F and G of this part, the report must contain the information specified in §§ 63.146(c) through (e) and 63.152(a)(4) and (5) and (c) through (e); 11. for affected sources complying with the closed-vent system provisions in § 63.148, the report must contain the information specified in § 63.148(j)(1); 12. for affected sources complying with the bypass line provisions in § 63.148(f), the report must contain the information specified in § 63.148(j)(2) and (3); 13. for affected sources invoking the delay of repair provisions in § 63.104(e) for heat exchanger systems, the next compliance report must contain the informa- tion in § 63.104(f)(2)(i) through (iv); if the leak remains unrepaired, the informa- tion must also be submitted in each subsequent compliance report until the re- pair of the leak is reported; and 14. for storage vessels subject to the emission limits and work practice standards in Table 1 to Subpart UUUU, the report must contain the periods of planned routine maintenance during which the control device does not comply with the emission limits or work practice standards in Table 1 to this subpart.

■ 19. Table 9 to Subpart UUUU is Table 9 to Subpart UUUU of Part 63— revised to read as follows: Recordkeeping Requirements As required in § 63.5585, you must keep the appropriate records specified in the following table:

If you operate . . . then you must keep . . . and the record(s) must contain . . .

1. an existing or new affected a copy of each notification and re- all documentation supporting any Initial Notification or Notification of source. port that you submitted to com- Compliance Status Report that you submitted, according to the re- ply with this subpart. quirements in § 63.10(b)(2)(xiv), and any compliance report re- quired under this subpart. 2. an existing or new affected a. the records in § 63.6(e)(3)(iii) i. SSM plan; source that commenced con- through (iv) related to startup, ii. when actions taken during a startup, shutdown, or malfunction are struction or reconstruction on or shutdown, and malfunction prior consistent with the procedures specified in the SSM plan, records before September 9, 2019. to December 30, 2020. demonstrating that the procedures specified in the plan were fol- lowed; iii. records of the occurrence and duration of each startup, shutdown, or malfunction; and iv. when actions taken during a startup, shutdown, or malfunction are not consistent with the procedures specified in the SSM plan, records of the actions taken for that event.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40018 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

If you operate . . . then you must keep . . . and the record(s) must contain . . .

b. records related to startup and i. record the date, time, and duration of each startup and/or shutdown shutdown, failures to meet the period, including the periods when the affected source was subject standard, and actions taken to to the alternative operating parameters applicable to startup and minimize emissions after De- shutdown; cember 29, 2020. ii. in the event that an affected unit fails to meet an applicable stand- ard, record the number of failures. For each failure, record the date, time and duration of each failure; iii. for each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and iv. record actions taken to minimize emissions in accordance with § 63.5515(b), and any corrective actions taken to return the af- fected unit to its normal or usual manner of operation. 3. a new or reconstructed affected a. records related to startup and i. record the date, time, and duration of each startup and/or shutdown source that commenced con- shutdown, failures to meet the period, including the periods when the affected source was subject struction or reconstruction after standard, and actions taken to to alternative operating parameters applicable to startup and shut- September 9, 2019. minimize emissions. down; ii. in the event that an affected unit fails to meet an applicable stand- ard, record the number of failures. For each failure, record the date, time and duration of each failure; iii. for each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions; and iv. record actions taken to minimize emissions in accordance with § 63.5515(b), and any corrective actions taken to return the af- fected unit to its normal or usual manner of operation. 4. an existing or new affected a. a site-specific monitoring plan ... i. information regarding the installation of the CMS sampling source source. probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); ii. performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system; iii. performance evaluation procedures and acceptance criteria (e.g., calibrations); iv. ongoing operation and maintenance procedures in accordance with the general requirements of §§ 63.8(c)(3) and (4)(ii), 63.5515(b), and 63.5580(c)(6); v. ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d)(2); and vi. ongoing recordkeeping and reporting procedures in accordance with the general requirements of §§ 63.10(c)(1)–(6), (c)(9)–(14), (e)(1), and (e)(2)(i) and 63.5585. 5. an existing or new affected records of performance tests and all results of performance tests, CEMS performance evaluations, and source. CEMS performance evaluations, any other initial compliance demonstrations, including analysis of as required in § 63.10(b)(2)(viii) samples, determination of emissions, and raw data. and any other initial compliance demonstrations. 6. an existing or new affected a. records for each CEMS ...... i. records described in § 63.10(b)(2)(vi) through (xi); source. ii. previous (superseded) versions of the performance evaluation plan, with the program of corrective action included in the plan re- quired under § 63.8(d)(2); iii. request for alternatives to relative accuracy test for CEMS as re- quired in § 63.8(f)(6)(i); iv. records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period; and v. records required in Table 6 to Subpart UUUU to show continuous compliance with the operating limit. 7. an existing or new affected a. records for each CPMS ...... i. records required in Table 6 to Subpart UUUU to show continuous source. compliance with each operating limit that applies to you; and ii. results of each CPMS calibration, validation check, and inspection required by § 63.5545(b)(4). 8. an existing or new cellulose records of closed-loop systems ..... records certifying that a closed-loop system is in use for cellulose ether affected ether source. ether operations. 9. an existing or new viscose proc- records of nitrogen unloading and records certifying that a nitrogen unloading and storage systems or ess affected source. storage systems or nitrogen un- nitrogen unloading system is in use. loading systems.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40019

If you operate . . . then you must keep . . . and the record(s) must contain . . .

10. an existing or new viscose records of material balances ...... all pertinent data from the material balances used to estimate the 6- process affected source. month rolling average percent reduction in HAP emissions. 11. an existing or new viscose records of calculations ...... documenting the percent reduction in HAP emissions using pertinent process affected source. data from the material balances. 12. an existing or new cellulose a. extended cookout records ...... i. the amount of HAP charged to the reactor; ether affected source. ii. the grade of product produced; iii. the calculated amount of HAP remaining before extended cookout; and iv. information showing that extended cookout was employed. 13. an existing or new cellulose a. equipment leak records ...... i. the records specified in § 63.181 for equipment leaks; or ether affected source. ii. the records specified in 63.1038 for equipment leaks. 14. an existing or new cellulose wastewater records ...... the records specified in §§ 63.105, 63.147, and 63.152(f) and (g) for ether affected source. wastewater. 15. an existing or new affected closed-vent system records ...... the records specified in § 63.148(i). source. 16. an existing or new affected a. bypass line records ...... i. hourly records of flow indicator operation and detection of any di- source. version during the hour and records of all periods when the vent stream is diverted from the control stream or the flow indicator is not operating; or ii. the records of the monthly visual inspection of the seal or closure mechanism and of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock- and-key type lock has been checked out and records of any car- seal that has broken. 17. an existing or new affected heat exchanger system records .... records of the results of inspections and repair according to source source. § 63.104(f)(1). 18. an existing or new affected control device maintenance records of planned routine maintenance for control devices used to source. records. comply with the percent reduction emission limit for storage ves- sels in Table 1 to Subpart UUUU. 19. an existing or new affected safety device records ...... a record of each time a safety device is opened to avoid unsafe con- source. ditions according to § 63.5505(d).

■ 20. Table 10 to Subpart UUUU is Table 10 to Subpart UUUU of Part 63— appropriate General Provisions revised to read as follows: Applicability of General Provisions to requirements specified in the following Subpart UUUU table: As required in §§ 63.5515(h) and 63.5600, you must comply with the

Applies to Citation Subject Brief description Subpart UUUU

§ 63.1 ...... Applicability ...... Initial applicability determination; applicability Yes. after standard established; permit require- ments; extensions, notifications. § 63.2 ...... Definitions ...... Definitions for part 63 standards ...... Yes. § 63.3 ...... Units and Abbrevia- Units and abbreviations for part 63 standards Yes. tions. § 63.4 ...... Prohibited Activities Prohibited activities; compliance date; cir- Yes. and Circumvention. cumvention, severability. § 63.5 ...... Preconstruction Re- Preconstruction review requirements of sec- Yes. view and Notification tion 112(i)(1). Requirements. § 63.6(a) ...... Applicability ...... General provisions apply unless compliance Yes. extension; general provisions apply to area sources that become major. § 63.6(b)(1) through (4) Compliance Dates for Standards apply at effective date; 3 years Yes. New and Recon- after effective date; upon startup; 10 years structed sources. after construction or reconstruction com- mences for CAA section 112(f). § 63.6(b)(5) ...... Notification ...... Must notify if commenced construction or re- Yes. construction after proposal. § 63.6(b)(6) ...... [Reserved]. § 63.6(b)(7) ...... Compliance Dates for Area sources that become major must com- Yes. New and Recon- ply with major source and standards imme- structed Area diately upon becoming major, regardless of Sources That Be- whether required to comply when they come Major. were an area source.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40020 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

Applies to Citation Subject Brief description Subpart UUUU

§ 63.6(c)(1) and (2) ...... Compliance Dates for Comply according to date in subpart, which Yes. Existing Sources. must be no later than 3 years after effec- tive date; for CAA section 112(f) standards, comply within 90 days of effective date un- less compliance extension. § 63.6(c)(3) and (4) ...... [Reserved]. § 63.6(c)(5) ...... Compliance Dates for Area sources that become major must com- Yes. Existing Area ply with major source standards by date in- Sources That Be- dicated in subpart or by equivalent time pe- come Major. riod (e.g., 3 years). § 63.6(d) ...... [Reserved] § 63.6(e)(1)(i) ...... General Duty to Mini- You must operate and maintain affected No, for new or reconstructed sources which mize Emissions. source in a manner consistent with safety commenced construction or reconstruction and good air pollution control practices for after September 9, 2019. For all other af- minimizing emissions. fected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b) for general duty requirement. § 63.6(e)(1)(ii) ...... Requirement to Cor- You must correct malfunctions as soon as No, for new or reconstructed sources which rect Malfunctions practicable after their occurrence. commenced construction or reconstruction ASAP. after September 9, 2019. For all other af- fected sources, Yes before December 30, 2020, and No thereafter. § 63.6(e)(1)(iii) ...... Operation and Mainte- Operation and maintenance requirements are Yes. nance Requirements. enforceable independent of emissions limi- tations or other requirements in relevant standards. § 63.6(e)(2) ...... [Reserved]. § 63.6(e)(3) ...... SSM Plan ...... Requirement for SSM and SSM plan; content No, for new or reconstructed sources which of SSM plan. commenced construction or reconstruction after September 9, 2019. For all other af- fected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). § 63.6(f)(1) ...... SSM Exemption ...... You must comply with emission standards at No, see 40 CFR 63.5515(a). all times except during SSM. § 63.6(f)(2) and (3) ...... Methods for Deter- Compliance based on performance test, op- Yes. mining Compliance/ eration and maintenance plans, records, in- Finding of Compli- spection. ance. § 63.6(g)(1) through (3) Alternative Standard ... Procedures for getting an alternative standard Yes. § 63.6(h)(1) ...... SSM Exemption ...... You must comply with opacity and visible No, see CFR 63.5515(a). emission standards at all times except dur- ing SSM. § 63.6(h)(2) through (9) Opacity and Visible Requirements for opacity and visible emis- Yes, but only for flares for which EPA Method Emission (VE) sion limits. 22 observations are required under Standards. § 63.11(b). § 63.6(i)(1) through (16) Compliance Extension Procedures and criteria for Administrator to Yes. grant compliance extension. § 63.6(j) ...... Presidential Compli- President may exempt source category from Yes. ance Exemption. requirement to comply with subpart. § 63.7(a)(1) and (2) ..... Performance Test Dates for conducting initial performance test; Yes. Dates. testing and other compliance demonstra- tions; must conduct 180 days after first subject to subpart. § 63.7(a)(3) ...... Section 114 Authority Administrator may require a performance test Yes. under CAA section 114 at any time. § 63.7(b)(1) ...... Notification of Per- Must notify Administrator 60 days before the Yes. formance Test. test. § 63.7(b)(2) ...... Notification of Re- If rescheduling a performance test is nec- Yes. scheduling. essary, must notify Administrator 5 days before scheduled date of rescheduled test. § 63.7(c) ...... Quality Assurance and Requirement to submit site-specific test plan No. Test Plan. 60 days before the test or on date Adminis- trator agrees with; test plan approval pro- cedures; performance audit requirements; internal and external QA procedures for testing. § 63.7(d) ...... Testing Facilities ...... Requirements for testing facilities ...... Yes. § 63.7(e)(1) ...... Performance Testing .. Performance tests must be conducted under No, see § 63.5535 and Table 4. representative conditions; cannot conduct performance tests during SSM; not a viola- tion to exceed standard during SSM.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40021

Applies to Citation Subject Brief description Subpart UUUU

§ 63.7(e)(2) ...... Conditions for Con- Must conduct according to this subpart and Yes. ducting Performance EPA test methods unless Administrator ap- Tests. proves alternative. § 63.7(e)(3) ...... Test Run Duration ...... Must have three test runs of at least 1 hour Yes. each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used. § 63.7(f) ...... Alternative Test Meth- Procedures by which Administrator can grant Yes. od. approval to use an alternative test method. § 63.7(g) ...... Performance Test Must include raw data in performance test re- Yes. Data Analysis. port; must submit performance test data 60 days after end of test with the Notification of Compliance Status Report; keep data for 5 years. § 63.7(h) ...... Waiver of Tests ...... Procedures for Administrator to waive per- Yes. formance test. § 63.8(a)(1) ...... Applicability of Moni- Subject to all monitoring requirements in Yes. toring Requirements. standard. § 63.8(a)(2) ...... Performance Speci- Performance specifications in appendix B of Yes. fications. 40 CFR part 60 apply. § 63.8(a)(3) ...... [Reserved]. § 63.8(a)(4) ...... Monitoring with Flares Unless your subpart says otherwise, the re- Yes. quirements for flares in § 63.11 apply. § 63.8(b)(1) ...... Monitoring ...... Must conduct monitoring according to stand- Yes. ard unless Administrator approves alter- native. § 63.8(b)(2) and (3) ..... Multiple Effluents and Specific requirements for installing monitoring Yes. Multiple Monitoring systems; must install on each effluent be- Systems. fore it is combined and before it is released to the atmosphere unless Administrator ap- proves otherwise; if more than one moni- toring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup. § 63.8(c)(1) and General Duty to Mini- Maintain monitoring system in a manner con- No, for new or reconstructed sources which (c)(1)(i). mize Emissions and sistent with good air pollution control prac- commenced construction or reconstruction CMS Operation. tices. after September 9, 2019. For all other af- fected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b). § 63.8(c)(1)(ii) ...... Parts for Routine Re- Keep parts for routine repairs readily avail- Yes. pairs. able. § 63.8(c)(1)(iii) ...... Requirements to de- Develop a written SSM plan for CMS ...... No, for new or reconstructed sources which velop SSM Plan for commenced construction or reconstruction CMS. after September 9, 2019. For all other af- fected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). § 63.8(c)(2) and (3) ...... Monitoring System In- Must install to get representative emission of Yes. stallation. parameter measurements; must verify operational status before or at performance test. § 63.8(c)(4) ...... CMS Requirements .... CMS must be operating except during break- No. Replaced with language in § 63.5560. down, out-of control, repair, maintenance, and high-level calibration drifts. § 63.8(c)(4)(i) and (ii) ... CMS Requirements .... Continuous opacity monitoring systems Yes, except that § 63.8(c)(4)(i) does not apply (COMS) must have a minimum of one because subpart UUUU does not require cycle of sampling and analysis for each COMS. successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a min- imum of one cycle of operation for each successive 15-minute period. § 63.8(c)(5) ...... COMS Minimum Pro- COMS minimum procedures ...... No. Subpart UUUU does not require COMS. cedures. § 63.8(c)(6) ...... CMS Requirements .... Zero and high level calibration check require- No. Replaced with language in § 63.5545. ments; out-of-control periods. § 63.8(c)(7) and (8) ...... CMS Requirements .... Out-of-control periods, including reporting ..... No. Replaced with language in § 63.5580(c)(6).

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40022 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

Applies to Citation Subject Brief description Subpart UUUU

§ 63.8(d) ...... CMS Quality Control .. Requirements for CMS quality control, includ- No, except for requirements in § 63.8(d)(2). ing calibration, etc.; must keep quality con- trol plan on record for 5 years; keep old versions for 5 years after revisions; pro- gram of correction action to be included in plan required under § 63.8(d)(2). § 63.8(e) ...... CMS Performance Notification, performance evaluation test plan, Yes, except that § 63.8(e)(5)(ii) does not Evaluation. reports. apply because subpart UUUU does not re- quire COMS. § 63.8(f)(1) through (5) Alternative Monitoring Procedures for Administrator to approve alter- Yes, except that no site-specific test plan is Method. native monitoring. required. The request to use an alternative monitoring method must be submitted with the notification of performance test or CEMS performance evaluation or 60 days prior to any initial compliance demonstra- tion. § 63.8(f)(6) ...... Alternative to Relative Procedures for Administrator to approve alter- Yes. Accuracy Test. native relative accuracy tests for CEMS. § 63.8(g)(1) through (4) Data Reduction ...... COMS 6-minute averages calculated over at No. Replaced with language in § 63.5545(e). least 36 evenly spaced data points; CEMS 1-hour averages computed over at least four equally spaced data points; data that cannot be used in average. § 63.8(g)(5) ...... Data Reduction ...... Data that cannot be used in computing aver- No. Replaced with language in § 63.5560(b). ages for CEMS and COMS. § 63.9(a) ...... Notification Require- Applicability and State delegation ...... Yes. ments. § 63.9(b)(1) through (5) Initial Notifications ...... Submit notification subject 120 days after ef- Yes. fective date; notification of intent to con- struct or reconstruct; notification of com- mencement of construction or reconstruc- tion; notification of startup; contents of each. § 63.9(c) ...... Request for Compli- Can request if cannot comply by date or if in- Yes. ance Extension. stalled BACT/LAER. § 63.9(d) ...... Notification of Special For sources that commence construction be- Yes. Compliance Re- tween proposal and promulgation and want quirements for New to comply 3 years after effective date. Source. § 63.9(e) ...... Notification of Per- Notify Administrator 60 days prior ...... Yes. formance Test. § 63.9(f) ...... Notification of VE or Notify Administrator 30 days prior ...... Yes, but only for flares for which EPA Method Opacity Test. 22 observations are required as part of a flare compliance assessment. § 63.9(g) ...... Additional Notifications Notification of performance evaluation; notifi- Yes, except that § 63.9(g)(2) does not apply When Using CMS. cation using COMS data; notification that because subpart UUUU does not require exceeded criterion for relative accuracy. COMS. § 63.9(h)(1) through (6) Notification of Compli- Contents; due 60 days after end of perform- Yes, except that Table 7 to this subpart ance Status Report. ance test or other compliance demonstra- specifies the submittal date for the notifica- tion, except for opacity or VE, which are tion. The contents of the notification will due 30 days after; when to submit to fed- also include the results of EPA Method 22 eral vs. state authority. observations required as part of a flare compliance assessment. § 63.9(i) ...... Adjustment of Sub- Procedures for Administrator to approve Yes. mittal Deadlines. change in when notifications must be sub- mitted. § 63.9(j) ...... Change in Previous Must submit within 15 days after the change Yes, except that the notification must be sub- Information. mitted as part of the next semiannual com- pliance report, as specified in Table 8 to this subpart. § 63.10(a) ...... Recordkeeping and Applies to all, unless compliance extension; Yes. Reporting. when to submit to federal vs. state author- ity; procedures for owners of more than one source. § 63.10(b)(1) ...... Recordkeeping and General requirements; keep all records read- Yes. Reporting. ily available; keep for 5 years. § 63.10(b)(2)(i) ...... Recordkeeping of Oc- Records of occurrence and duration of each No, for new or reconstructed sources which currence and Dura- startup or shutdown that causes source to commenced construction or reconstruction tion of Startups and exceed emission limitation. after September 9, 2019.For all other af- Shutdowns. fected sources, Yes before December 29, 2020, and No thereafter.

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40023

Applies to Citation Subject Brief description Subpart UUUU

§ 63.10(b)(2)(ii) ...... Recordkeeping of Fail- Records of occurrence and duration of each No, see Table 9 for recordkeeping of (1) ures to Meet a malfunction of operation or air pollution date, time and duration; (2) listing of af- Standard. control and monitoring equipment. fected source or equipment, and an esti- mate of the quantity of each regulated pol- lutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(b)(2)(iii) ...... Maintenance Records Records of maintenance performed on air Yes. pollution control and monitoring equipment. § 63.10(b)(2)(iv) and (v) Actions Taken to Mini- Records of actions taken during SSM to mini- No, for new or reconstructed sources which mize Emissions Dur- mize emissions. commenced construction or reconstruction ing SSM. after September 9, 2019. For all other af- fected sources, Yes before December 30, 2020, and No thereafter. § 63.10(b)(2)(vi), (x), CMS Records ...... Malfunctions, inoperative, out-of-control; cali- Yes. and (xi). bration checks, adjustments, maintenance. § 63.10(b)(2)(vii) Records ...... Measurements to demonstrate compliance Yes, including results of EPA Method 22 ob- through (ix). with emission limits; performance test, per- servations required as part of a flare com- formance evaluation, and opacity/VE ob- pliance assessment. servation results; measurements to deter- mine conditions of performance tests and performance evaluations. § 63.10(b)(2)(xii) ...... Records ...... Records when under waiver ...... Yes. § 63.10(b)(2)(xiii) ...... Records ...... Records when using alternative to relative ac- Yes. curacy test. § 63.10(b)(2)(xiv) ...... Records ...... All documentation supporting Initial Notifica- Yes. tion and Notification of Compliance Status Report. § 63.10(b)(3) ...... Records ...... Applicability determinations ...... Yes. § 63.10(c)(1) through Records ...... Additional records for CMS ...... Yes. (6), (9) through (14). § 63.10(c)(7) and (8) .... Records ...... Records of excess emissions and parameter No. Replaced with language in Table 9 to this monitoring exceedances for CMS. subpart. § 63.10(c)(15) ...... Use of SSM Plan ...... Use SSM plan to satisfy recordkeeping re- No, for new or reconstructed sources which quirements for identification of malfunction, commenced construction or reconstruction correction action taken, and nature of re- after September 9, 2019. For all other af- pairs to CMS. fected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). § 63.10(d)(1) ...... General Reporting Re- Requirement to report ...... Yes. quirements. § 63.10(d)(2) ...... Report of Performance When to submit to federal or state authority .. Yes, except that Table 7 to this subpart Test Results. specifies the submittal date for the Notifica- tion of Compliance Status Report. § 63.10(d)(3) ...... Reporting Opacity or What to report and when ...... Yes, but only for flares for which EPA Method VE Observations. 22 observations are required as part of a flare compliance assessment. § 63.10(d)(4) ...... Progress Reports ...... Must submit progress reports on schedule if Yes. under compliance extension. § 63.10(d)(5)(i) ...... Periodic SSM Reports Contents and submission of periodic SSM re- No, for new or reconstructed sources which ports. commenced construction or reconstruction after September 9, 2019. For all other af- fected sources, Yes before December 30, 2020, and No thereafter. See § 63.5580(c)(4) and Table 8 for malfunction reporting requirements. § 63.10(d)(5)(ii) ...... Immediate SSM Re- Contents and submission of immediate SSM No, for new or reconstructed sources which ports. reports. commenced construction or reconstruction after September 9, 2019. For all other af- fected sources, Yes before December 29, 2020, except that the immediate SSM re- port must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart, and No there- after. § 63.10(e)(1) and (2) ... Additional CMS Re- Must report results for each CEMS on a unit; Yes, except that § 63.10(e)(2)(ii) does not ports. written copy of performance evaluation; apply because subpart UUUU does not re- three copies of COMS performance evalua- quire COMS. tion. § 63.10(e)(3)(i) through Reports ...... Schedule for reporting excess emissions and No. Replaced with language in § 63.5580. (iii). parameter monitor exceedance (now de- fined as deviations).

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 40024 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

Applies to Citation Subject Brief description Subpart UUUU

§ 63.10(e)(3)(iv) ...... Excess Emissions Re- Requirement to revert to quarterly submission No. Replaced with language in § 63.5580. ports. if there is an excess emissions and param- eter monitor exceedance (now defined as deviations); provision to request semi- annual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an exceedance or excess emis- sion (now defined as deviations), report contents is a statement that there have been no deviations. § 63.10(e)(3)(v) ...... Excess Emissions Re- Must submit report containing all of the infor- No. Replaced with language in § 63.5580. ports. mation in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8). § 63.10(e)(3)(vi) Excess Emissions Re- Requirements for reporting excess emissions No. Replaced with language in § 63.5580. through (viii). port and Summary for CMS (now called deviations); requires Report. all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8). § 63.10(e)(4) ...... Reporting COMS Data Must submit COMS data with performance No. Subpart UUUU does not require COMS. test data. § 63.10(f) ...... Waiver for Record- Procedures for Administrator to waive ...... Yes. keeping or Report- ing. § 63.11 ...... Control and Work Requirements for flares and alternative work Yes. Practice Require- practice for equipment leaks. ments. § 63.12 ...... State Authority and State authority to enforce standards ...... Yes. Delegations. § 63.13 ...... Addresses ...... Addresses where reports, notifications, and Yes. requests are sent. § 63.14 ...... Incorporations by Ref- Test methods incorporated by reference ...... Yes. erence. § 63.15 ...... Availability of Informa- Public and confidential information ...... Yes. tion and Confiden- tiality. § 63.16 ...... Performance Track Requirements for Performance Track mem- Yes. Provisions. ber facilities.

[FR Doc. 2020–05901 Filed 7–1–20; 8:45 am] BILLING CODE 6560–50–P

VerDate Sep<11>2014 21:36 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00046 Fmt 4701 Sfmt 9990 E:\FR\FM\02JYR2.SGM 02JYR2 khammond on DSKJM1Z7X2PROD with RULES2 Vol. 85 Thursday, No. 128 July 2, 2020

Part III

Environmental Protection Agency

40 CFR Parts 52 and 81 Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; California; South Coast Moderate Area Plan and Reclassification as Serious Nonattainment for the 2012 PM2.5 NAAQS; Proposed Rule

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40026 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

ENVIRONMENTAL PROTECTION expeditious alternative date practicable, I. Motor Vehicle Emissions Budgets AGENCY in accordance with the requirements of VI. Reclassification as Serious Nonattainment part D of title I of the CAA. and Serious Area SIP Requirements 40 CFR Parts 52 and 81 DATES: Any comments on this proposal A. Reclassification as Serious and Applicable Attainment Date [EPA–R09–OAR–2019–0145; FRL–10010– must be received by August 3, 2020. B. Clean Air Act Requirements for Serious 50–Region 9] ADDRESSES: Submit your comments, PM Nonattainment Area Plans identified by Docket ID No. EPA–R09– 2.5 C. Statutory Deadline for Submittal of the Approval and Promulgation of OAR–2019–0145 at https:// Implementation Plans; Designation of Serious Area Plan www.regulations.gov, or via email to VII. Reclassification of Areas of Indian Areas for Air Quality Planning [email protected]. For comments Purposes; California; South Coast Country submitted at Regulations.gov, follow the VIII. Summary of Proposed Actions and Moderate Area Plan and online instructions for submitting Reclassification as Serious Request for Public Comment comments. Once submitted, comments IX. Statutory and Executive Order Reviews Nonattainment for the 2012 PM2.5 cannot be edited or removed from NAAQS Regulations.gov. For either manner of I. Background for Proposed Action submission, the EPA may publish any AGENCY: Environmental Protection On October 17, 2006, the EPA comment received to its public docket. Agency (EPA). strengthened the 24-hour (daily) Do not submit electronically any ACTION: Proposed rule. NAAQS for particulate matter with a information you consider to be diameter of 2.5 microns or less (PM ) SUMMARY: The Environmental Protection Confidential Business Information (CBI) 2.5 by lowering the level from 65 Agency (EPA) is proposing to approve or other information whose disclosure is micrograms (mg) per cubic meter (m3) to or conditionally approve portions of a restricted by statute. Multimedia 35 mg/m3 (‘‘2006 PM NAAQS’’).1 On state implementation plan (SIP) revision submissions (e.g., audio or video) must 2.5 January 15, 2013, the EPA strengthened submitted by California to address Clean be accompanied by a written comment. the primary annual NAAQS for PM by Air Act (CAA or ‘‘Act’’) requirements for The written comment is considered the 2.5 lowering the level from 15.0 mg/m3 to the 2006 and 2012 fine particulate official comment and should include 3 2 12.0 mg/m (‘‘2012 PM2.5 NAAQS’’). matter (PM2.5) national ambient air discussion of all points you wish to The EPA established these standards quality standards (NAAQS or make. The EPA will generally not after considering substantial evidence ‘‘standards’’) in the Los Angeles-South consider comments or comment from numerous health studies Coast Air Basin (‘‘South Coast’’) PM2.5 contents located outside of the primary demonstrating that serious health effects nonattainment area. Specifically, the submission (i.e., on the web, cloud, or are associated with exposures to PM EPA is proposing to approve all but the other file sharing system). For 2.5 concentrations above these levels. contingency measure element of the additional submission methods, please submitted SIP revision as meeting all contact the person identified in the FOR Epidemiological studies have shown applicable Moderate area requirements FURTHER INFORMATION CONTACT section. statistically significant correlations for the 2012 annual PM2.5 NAAQS, and For the full EPA public comment policy, between elevated PM2.5 levels and to conditionally approve the information about CBI or multimedia premature mortality. Other important contingency measure element as submissions, and general guidance on health effects associated with PM2.5 meeting both the Moderate area making effective comments, please visit exposure include aggravation of contingency measure requirement for https://www.epa.gov/dockets/ respiratory and cardiovascular disease the 2012 annual PM2.5 NAAQS and the commenting-epa-dockets. (as indicated by increased hospital Serious area contingency measure FOR FURTHER INFORMATION CONTACT: admissions, emergency room visits, requirement for the 2006 24-hour PM2.5 Ashley Graham, Air Planning Office absences from school or work, and NAAQS. In addition, the EPA is (AIR–2), EPA Region IX, (415) 972– restricted activity days), changes in lung proposing to approve 2019 and 2022 3877, [email protected]. function, and increased respiratory motor vehicle emissions budgets for use SUPPLEMENTARY INFORMATION: symptoms. Individuals particularly in transportation conformity analyses Throughout this document, ‘‘we,’’ ‘‘us,’’ sensitive to PM2.5 exposure include for the 2012 annual PM2.5 NAAQS. The or ‘‘our’’ refer to the EPA. older adults, people with heart and lung 3 EPA is also proposing to reclassify the disease, and children. PM2.5 can be South Coast PM2.5 nonattainment area, Table of Contents emitted directly into the atmosphere as including reservation areas of Indian I. Background for Proposed Action a solid or liquid particle (‘‘primary country and any other area of Indian II. Summary of the South Coast PM2.5 Plan PM2.5’’ or ‘‘direct PM2.5’’) or can be country within it where the EPA or a III. Clean Air Act Requirements for Moderate formed in the atmosphere (‘‘secondary tribe has demonstrated that the tribe has PM2.5 Nonattainment Area Plans PM2.5’’) as a result of various chemical jurisdiction, as a Serious nonattainment IV. Completeness Review of the South Coast reactions among precursor pollutants PM2.5 Plan area for the 2012 annual PM2.5 NAAQS such as nitrogen oxides (NOX), sulfur V. Review of the South Coast PM2.5 Plan based on the EPA’s determination that A. Emissions Inventory oxides (SOX), volatile organic the area cannot practicably attain the B. PM2.5 Precursors standard by the applicable Moderate C. Air Quality Modeling 1 71 FR 61144 and 40 CFR 50.13. The EPA first area attainment date of December 31, D. Reasonably Available Control Measures established NAAQS for PM2.5 on July 18, 1997 (62 and Control Strategy FR 38652), including annual standards of 15.0 mg/ 2021. Upon final reclassification of the 3 E. Major Stationary Source Control m based on a 3-year average of annual mean South Coast as a Serious area for this concentrations and 24-hour (daily) standards of 65 NAAQS, California will be required to Requirements Under CAA Section 189(e) mg/m3 based on a 3-year average of 98th percentile submit a Serious area plan for the area F. Demonstration That Attainment by the 24-hour concentrations (40 CFR 50.7). Moderate Area Attainment Date Is 2 that includes a demonstration of 78 FR 3086 and 40 CFR 50.18. Unless otherwise Impracticable noted, all references to the PM2.5 standards in this attainment by the applicable Serious G. Reasonable Further Progress and notice are to the 2012 annual NAAQS of 12.0 mg/ area attainment date, which is no later Quantitative Milestones m3 codified at 40 CFR 50.18. than December 31, 2025, or by the most H. Contingency Measures 3 Id.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40027

compounds (VOC), and ammonia The South Coast PM2.5 nonattainment provides general background, including 4 (NH3). area is home to about 17 million people, a discussion of the purpose of the Plan, Following promulgation of a new or has a diverse economic base, and historical air quality progress in the revised NAAQS, the EPA is required by contains one of the highest-volume port South Coast, and the District’s approach CAA section 107(d) to designate areas areas in the world. For a description of to air quality planning. Chapter 2, ‘‘Air throughout the nation as attaining or not the geographic boundaries of the South Quality and Health Effects,’’ discusses attaining the NAAQS. On November 13, Coast PM2.5 nonattainment area, see 40 current air quality in comparison with 2009, the EPA designated the South CFR 81.305. The local air district with federal health-based air pollution Coast area as nonattainment for the 2006 primary responsibility for developing a standards. Chapter 3, ‘‘Base Year and 5 PM2.5 NAAQS. The EPA classified the plan to attain the PM2.5 NAAQS in the Future Year Emissions,’’ summarizes area as Moderate nonattainment on June South Coast area is the South Coast Air emissions inventories, estimates current 2, 2014 and reclassified it as Serious Quality Management District (SCAQMD emissions by source and pollutant, and nonattainment for these NAAQS on or ‘‘District’’). The District works projects future emissions with and January 13, 2016.6 On January 15, 2015, cooperatively with CARB in preparing without growth. Chapter 4, ‘‘Control the EPA designated and classified the these plans. Authority for regulating Strategy and Implementation,’’ presents South Coast area as Moderate sources in the South Coast is split the control strategy, specific measures, nonattainment for the 2012 PM2.5 between the District, which has and implementation schedules to attain NAAQS.7 The South Coast area is also responsibility for regulating stationary the air quality standards by the designated and classified as Moderate and most area sources, and CARB, specified attainment dates. Chapter 5, nonattainment for the 1997 annual and which has responsibility for regulating ‘‘Future Air Quality,’’ describes the 8 24-hour PM2.5 NAAQS. most mobile sources and some modeling approach used in the Plan and On April 27, 2017, the California Air categories of consumer products. summarizes the South Coast’s future air Resources Board (CARB) submitted the quality projections with and without the ‘‘Final 2016 Air Quality Management II. Summary of the South Coast PM2.5 control strategy. Chapter 6, ‘‘Federal and Plan (March 2017)’’ to provide for Plan State Clean Air Act Requirements,’’ attainment of both the 2006 PM2.5 We are proposing action on portions discusses specific federal and state NAAQS and the 2012 PM2.5 NAAQS in of a California SIP submission that requirements as they pertain to the the South Coast (‘‘2016 PM2.5 Plan’’ or address the Moderate area plan South Coast, including anti-backsliding 9 ‘‘Plan’’). On February 12, 2019, the requirements for the 2012 annual PM2.5 requirements for revoked standards. EPA approved those portions of the NAAQS and the Serious area Chapter 11, ‘‘Public Process and 2016 PM2.5 Plan that pertain to the contingency measure requirement for Participation,’’ describes the District’s requirements for implementing the 2006 the 2006 24-hour PM2.5 NAAQS in the public outreach effort associated with PM2.5 NAAQS, except for the South Coast PM2.5 nonattainment area. the development of the Plan. Finally, a contingency measure component of the The SCAQMD Governing Board adopted glossary is provided at the end of the Plan.10 the ‘‘Final 2016 Air Quality document, presenting definitions of Management Plan (March 2017)’’ on terms commonly used in the Plan. 4 EPA, Air Quality Criteria for Particulate Matter, March 3, 2017, and CARB submitted The Plan also includes the following No. EPA/600/P–99/002aF and EPA/600/P–99/ technical appendices: 002bF, October 2004. this SIP revision to the EPA on April 27, 11 • Appendix I (‘‘Health Effects’’) 5 74 FR 58688 (codified at 40 CFR 81.305). 2017. We refer to this SIP submission presents a summary of scientific 6 79 FR 31566 and 81 FR 1514. The EPA herein as the ‘‘2016 PM2.5 Plan’’ or promulgated these PM2.5 nonattainment area ‘‘Plan.’’ findings on the health effects of ambient classifications in response to a 2013 decision of the The 2016 PM2.5 Plan is organized into air pollution. Court of Appeals for the D.C. Circuit remanding the • eleven chapters, each addressing a Appendix II (‘‘Current Air Quality’’) EPA’s prior implementation rule for the PM2.5 contains a detailed summary of the air NAAQS and directing the EPA to promulgate specific topic. We summarize below implementation rules pursuant to subpart 4 of part each of the chapters relevant to the 2012 quality in 2014, along with prior year D, title I of the Act. Natural Resources Defense trends, in both the South Coast and the PM2.5 NAAQS and the contingency Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). Coachella Valley. 7 80 FR 2206 (codified at 40 CFR 81.305). measure requirement for the 2006 PM2.5 • 12 Appendix III (‘‘Base and Future 8 NAAQS. Chapter 1, ‘‘Introduction,’’ 70 FR 944 (January 5, 2005) (codified at 40 CFR Year Emission Inventory’’) presents the 81.305). In November 2007, California submitted 2012 base year emissions inventory and the 2007 PM2.5 Plan to provide for attainment of the demonstrated to the EPA’s satisfaction that the 2017 1997 PM2.5 standards in the South Coast. On milestones in the plan had been met. The EPA took projected emissions inventories of air November 9, 2011, the EPA approved all but the no action with respect to RFP contingency measures pollutants in future attainment years for contingency measures in the 2007 PM2.5 Plan (76 FR for the 2020 milestone year or attainment both annual average and summer 69928), and on October 29, 2013, the EPA approved contingency measures for these NAAQS. planning inventories. a revised contingency measure SIP for the area (78 11 Letter dated April 27, 2017, from Richard • FR 64402). On July 25, 2016, the EPA determined Corey, Executive Officer, CARB, to Alexis Strauss, Appendix IV–A (‘‘SCAQMD’s that the South Coast area had attained the 1997 Acting Regional Administrator, EPA Region IX, Stationary and Mobile Source Control annual and 24-hour PM2.5 NAAQS based on 2011– with enclosures. Measures’’) describes SCAQMD’s 2013 monitoring data, suspending any remaining 12 The following chapters in the Plan are not proposed stationary and mobile source attainment-related planning requirements for relevant to the 2006 or 2012 PM2.5 NAAQS and control measures to attain the federal purposes of the 1997 PM2.5 NAAQS in this area (81 were not reviewed as part of this action: Chapter 7, FR 48350). ‘‘Current and Future Air Quality—Desert ozone and PM2.5 standards. 9 Letter dated April 27, 2017, from Richard Corey, Nonattainment Areas,’’ describes the air quality • Appendix IV–B (‘‘CARB’s Mobile Executive Officer, CARB, to Alexis Strauss, Acting status of the Coachella Valley, including emissions Source Strategy’’) describes CARB’s Regional Administrator, EPA Region IX inventories, designations, and current and future air proposed 2016 strategy to attain health- (transmitting ‘‘Final 2016 Air Quality Management quality. Chapter 8, ‘‘Looking Beyond Current Plan (March 2017)’’). Requirements,’’ assesses the South Coast air basin’s based federal air quality standards. 10 84 FR 3305. As part of this action, the EPA status with respect to the 2015 8-hour ozone found that, for purposes of the 2006 PM2.5 NAAQS, standard of 70 ppb. Chapter 9, ‘‘Air Toxic Control Energy,’’ provides a description of current and the requirement for contingency measures to be Strategy,’’ examines the ongoing efforts to reduce projected energy demand and supply issues in the undertaken if the area fails to make RFP under CAA health risk from toxic air contaminants, co-benefits South Coast air basin, and the relationship between section 172(c)(9) was moot as applied to the 2017 from reducing criteria pollutants, and potential air quality improvement and greenhouse gas milestone year because CARB and the District had future actions; and Chapter 10, ‘‘Climate and mitigation goals.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40028 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

• Appendix IV–C (‘‘Regional discuss these commitments as part of control measures (RACM)/reasonably Transportation Strategy and Control our evaluation of the contingency available control technology (RACT) Measures’’) describes the Southern measure element of the 2016 PM2.5 Plan, and attainment demonstrations; (ii) the California Association of Governments’ in section V.H. section 172(c)(2) requirement to (SCAG) ‘‘Final 2016–2040 Regional We present our evaluation of the 2016 demonstrate reasonable further progress Transportation Plan/Sustainable PM2.5 Plan in Section V of this proposed (RFP); (iii) the section 172(c)(3) Communities Strategy’’ and rule. requirement for emissions inventories; transportation control measures III. Clean Air Act Requirements for (iv) the section 172(c)(5) requirement for included in the 2016 PM2.5 Plan. Moderate PM Nonattainment Area a nonattainment new source review • 2.5 Appendix V (‘‘Modeling and Plans (NNSR) permitting program; and (v) the Attainment Demonstrations’’) provides section 172(c)(9) requirement for the details of the regional modeling for With respect to the statutory contingency measures. the attainment demonstration. requirements for particulate matter (PM) The more specific subpart 4 statutory attainment plans, the general • Appendix VI (‘‘Compliance with requirements for Moderate PM2.5 nonattainment area planning Other Clean Air Act Requirements’’) nonattainment areas include: (i) The requirements of title I, part D of the provides the District’s demonstration section 189(a)(1)(A) and 189(e) NNSR CAA are found in subpart 1, and the that the Plan complies with specific permit program requirements; (ii) the Moderate area planning requirements section 189(a)(1)(B) requirement for federal and California Clean Air Act specifically for PM are found in subpart requirements. attainment demonstrations; (iii) the 4. section 189(a)(1)(C) requirement for CARB adopted additional documents The EPA has a longstanding general RACM; and (iv) the section 189(c) on March 23, 2017 that supplement the guidance document that interprets the requirements for RFP and quantitative analyses and demonstrations adopted by 1990 amendments to the CAA, milestones. Under subpart 4, states with the SCAQMD on March 3, 2017. In commonly referred to as the General Moderate PM nonattainment areas particular, the ‘‘CARB Staff Report, ARB 2.5 Preamble for the Implementation of must provide for attainment in the area Review of 2016 AQMP for the South Title I of the Clean Air Act Amendments as expeditiously as practicable but no Coast Air Basin and Coachella Valley’’ 15 of 1990 (‘‘General Preamble’’). The later than the latest permissible (‘‘CARB Staff Report’’) includes in General Preamble addresses the attainment date under CAA section Appendix D a weight of evidence relationship between the subpart 1 and 188(c), i.e., December 31, 2021 for the analysis for the SCAQMD’s attainment subpart 4 requirements and provides 2012 PM2.5 NAAQS in the South demonstration for the 24-hour and recommendations to states for meeting Coast.18 In addition, under subpart 4, annual PM2.5 NAAQS. Also, to certain statutory requirements for PM direct PM and all precursors to the supplement the contingency measure 2.5 attainment plans. As explained in the formation of PM2.5 are subject to control element of the 2016 PM2.5 Plan, CARB General Preamble, specific requirements unless the EPA approves a submitted a letter dated January 29, applicable to Moderate area attainment demonstration from the State 2019 containing the District’s plan SIP submissions for the PM establishing that a given precursor does commitment to adopt a control measure NAAQS are set forth in subpart 4 of part not contribute significantly to PM2.5 by a date certain for purposes of D, title I of the Act, but such SIP levels that exceed the PM2.5 NAAQS in satisfying CAA contingency measure submissions must also meet the general the area.19 requirements for the 2006 and 2012 attainment planning provisions in 13 PM2.5 NAAQS. The District later subpart 1 of part D, title I of the Act, to IV. Completeness Review of the South clarified its January 29, 2019 the extent these provisions ‘‘are not Coast PM2.5 Plan commitment in a letter dated February otherwise subsumed by, or integrally CAA sections 110(a)(1) and (2) and 12, 2020, and CARB submitted the related to,’’ the more specific subpart 4 110(l) require each state to provide District’s clarified commitment together requirements.16 reasonable public notice and an with related State commitments to the To implement the PM2.5 NAAQS, the opportunity for a public hearing prior to EPA by letter dated March 3, 2020.14 We EPA has also promulgated the ‘‘Fine the adoption and submittal of a SIP or Particle Matter National Ambient Air SIP revision to the EPA. To meet this 13 Letter dated February 13, 2019, from Michael Quality Standard: State Implementation requirement, every SIP submission Benjamin, Air Quality Planning and Science Plan Requirements; Final Rule’’ should include evidence that adequate Division, CARB, to Mike Stoker, Regional Administrator, EPA Region IX (transmitting letter (hereinafter, the ‘‘PM2.5 SIP public notice was given and an 17 dated January 29, 2019, from Wayne Nastri, Requirements Rule’’). The PM2.5 SIP opportunity for a public hearing was Executive Officer, SCAQMD, to Richard Corey, Requirements Rule establishes provided consistent with the EPA’s Executive Officer, CARB). In its January 29, 2019 regulatory requirements and provides implementing regulations in 40 CFR letter, the District committed to modify an existing additional guidance applicable to rule or adopt a new rule to create a contingency 51.102. measure that would be triggered if the area fails to attainment plan submissions for the Both the District and CARB satisfied meet an RFP requirement, to submit a quantitative PM2.5 NAAQS, including the 2006 24- applicable statutory and regulatory milestone report, to meet a quantitative milestone, hour and 2012 annual PM2.5 NAAQS at requirements for reasonable public or to attain the 2006 24-hour or 2012 annual PM2.5 issue in this action. notice and hearing prior to adoption and NAAQS. The general subpart 1 statutory 14 Letter dated March 3, 2020, from Michael Benjamin, Air Quality Planning and Science requirements for attainment plans 18 Generally, under CAA section 188(c), the latest Division, CARB, to Mike Stoker, Regional include: (i) The section 172(c)(1) permissible attainment date for a Moderate Administrator, EPA Region IX (transmitting letter requirement for reasonably available nonattainment area is the end of the sixth calendar dated February 12, 2020, from Wayne Nastri, year after the area’s designation as nonattainment. Executive Officer, SCAQMD, to Richard Corey, Because the EPA designated and classified the Executive Officer, CARB). In its February 12, 2020 CARB committed to submit the revised District rule South Coast as a Moderate nonattainment area for to the EPA as a SIP revision by a date certain. letter, the District specifically committed to modify the 2012 PM2.5 NAAQS effective April 15, 2015 (80 Rule 445 (‘‘Wood Burning Devices’’) to lower the 15 General Preamble, 57 FR 13498 (April 16, FR 2206, 2215), the latest permissible attainment mandatory wood burning curtailment threshold in 1992). date for these NAAQS in the South Coast is the rule following any of the EPA findings listed in 16 Id. at 13538. December 31, 2021. 40 CFR 51.1014(a). In its March 3, 2020 letter, 17 81 FR 58010 (August 24, 2016). 19 40 CFR 51.1006 and 51.1009.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40029

submission of the 2016 PM2.5 Plan. The inventories for PM2.5 nonattainment wear emissions of PM2.5, NOX, SO2, and District conducted numerous public areas.24 VOC from on-road mobile sources.30 workshops, provided public comment The base year emissions inventory In addition to the base year inventory periods, and held a public hearing prior should provide a state’s best estimate of submitted to meet the requirements of to its adoption of the Plan on March 3, actual emissions from all sources of the CAA section 172(c)(3), a state must also 2017.20 CARB also provided the relevant pollutants in the area, i.e., all submit future ‘‘baseline inventories’’ for required public notice and opportunity emissions that contribute to the the projected attainment year, each RFP for public comment prior to its March formation of a particular NAAQS milestone year, and any other year of 23, 2017 public hearing and adoption of pollutant. For the PM2.5 NAAQS, the significance for meeting applicable CAA 31 the Plan.21 Each submission includes base year emissions inventory must requirements. By ‘‘baseline proof of publication of notices for the include direct PM2.5 emissions, inventories’’ (referred to in the 2016 separately reported filterable and PM2.5 Plan as ‘‘baseline inventories’’ or respective public hearings, and 25 transcripts for the public hearings.22 We condensable PM2.5 emissions, and ‘‘future baseline inventories’’), we mean emissions of all chemical precursors to projected emissions inventories for find, therefore, that the 2016 PM Plan 2.5 the formation of secondary PM : NO , future years that account for, among meets the requirements for reasonable 2.5 X SO , VOC, and ammonia.26 In addition, other things, the ongoing effects of notice and public hearings in CAA 2 the emissions inventory base year for a economic growth and adopted emission sections 110(a) and 110(l). Moderate PM2.5 nonattainment area control requirements. The SIP CAA section 110(k)(1)(B) requires the must be one of the three years for which submission should include EPA to determine whether a SIP monitored data were used to designate documentation to explain how the state submittal is complete within 60 days of the area as nonattainment, or another calculated the emissions projections. receipt. This section also provides that technically appropriate year justified by 2. Emissions Inventories in the 2016 any plan that the EPA has not the state in its Moderate area SIP PM Plan affirmatively determined to be complete submission.27 2.5 or incomplete will become complete by A state must include in its SIP The annual average planning operation of law six months after the submission documentation explaining inventories for direct PM2.5 and all 32 date of submission. The EPA’s SIP how the emissions data were calculated. PM2.5 precursors (NOX, SOX, VOC, completeness criteria are found in 40 In estimating mobile source emissions, and ammonia) for the South Coast PM2.5 CFR part 51, Appendix V. The 2016 a state should use the latest emissions nonattainment area, together with models and planning assumptions documentation for the inventories, are PM2.5 Plan, which CARB submitted on April 27, 2017, became complete by available at the time it develops the SIP found in Chapter 3, Appendix III, and operation of law on October 27, 2017. submission. States are also required to Appendix V of the Plan. Appendix V use the EPA’s ‘‘Compilation of Air also contains additional inventory V. Review of the South Coast PM2.5 Plan Pollutant Emission Factors’’ (AP–42) documentation specific to the air quality road dust method for calculating re- modeling inventories. These portions of A. Emissions Inventory entrained road dust emissions from the Plan contain annual average daily 1. Requirements for Emissions paved roads.28 29 At the time the 2016 inventories of actual emissions for the Inventories PM2.5 Plan was developed, California 2012 base year, and projected was required to use EMFAC2014 to inventories for the future 2019 RFP CAA section 172(c)(3) requires that estimate tailpipe and brake and tire baseline year, the 2021 Moderate area each SIP include a comprehensive, attainment year, and the 2022 post- accurate, current inventory of actual 24 81 FR 58010, 58078–58079 and ‘‘Emissions attainment RFP year.33 The annual emissions from all sources of the Inventory Guidance for Implementation of Ozone relevant pollutant or pollutants in the and Particulate Matter National Ambient Air 30 The EMFAC model (short for EMission FACtor) Quality Standards (NAAQS) and Regional Haze is a computer model developed by CARB. The EPA nonattainment area. We refer to this Regulations,’’ EPA, May 2017 (‘‘Emissions approved and announced the availability of inventory as the ‘‘base year inventory.’’ Inventory Guidance’’), available at https:// EMFAC2014 for use in SIP development and The EPA has established regulatory www.epa.gov/air-emissions-inventories/air- transportation conformity in California on emissions-inventory-guidance-implementation- requirements for base year and other December 14, 2015 (80 FR 77337). The EPA’s ozone-and-particulate. approval of the EMFAC2014 emissions model for emissions inventories in the PM2.5 SIP 25 The Emissions Inventory Guidance identifies SIP and conformity purposes was effective on the Requirements Rule 23 and issued the types of sources for which the EPA expects date of publication in the Federal Register. On guidance concerning emissions states to provide condensable PM emissions August 15, 2019, the EPA approved and announced inventories. Emissions Inventory Guidance, section the availability of EMFAC2017, the latest update to 4.2.1 (‘‘Condensable PM Emissions’’), 63–65. the EMFAC model for use by state and local 20 SCAQMD, Notice of Public Hearing, ‘‘Proposed 26 40 CFR 51.1008. governments to meet CAA requirements (84 FR 2016 Air Quality Management Plan for the South 27 40 CFR 51.1008(a)(1)(i). 41717). EMFAC2017 was not available to the State Coast Air Quality Management District and Report 28 The EPA released an update to AP–42 in and District at the time they were developing the on the Health Impacts of Particulate Matter Air January 2011 that revised the equation for 2016 PM2.5 Plan. Pollution in the South Coast Air Basin,’’ December estimating paved road dust emissions based on an 31 40 CFR 51.1008(a)(2) and 51.1012(a)(2); see 14, 2016. updated data regression that included new also EPA, ‘‘Emissions Inventory Guidance for 21 CARB, ‘‘Notice of Public Meeting to Consider emissions tests results. (76 FR 6328, February 4, Implementation of Ozone and Particulate Matter Adopting the 2016 Air Quality Management Plan 2011). CARB used the revised 2011 AP–42 National Ambient Air Quality Standards (NAAQS) for Ozone and PM2.5 for the South Coast Air Basin methodology in developing on-road mobile source and Regional Haze Regulations,’’ May 2017, and the Coachella Valley,’’ March 6, 2017. emissions; see http://www.arb.ca.gov/ei/areasrc/ available at https://www.epa.gov/sites/production/ 22 Memorandum dated March 6, 2017, from fullpdf/full7-9_2016.pdf. files/2017-07/documents/ei_guidance_may_2017_ _ Denise Garzaro, Clerk of the Board, SCAQMD, to 29 AP–42 has been published since 1972 as the final rev.pdf. 32 Arlene Martinez, Administrative Secretary, primary source of the EPA’s emission factor The 2016 PM2.5 Plan generally uses ‘‘sulfur Planning, Rule Development, and Area Sources, information. It contains emission factors and oxides’’ or ‘‘SOX’’ in reference to SO2 as a precursor Subject: ‘‘SIP Documentation, January 24, 2017; and process information for more than 200 air pollution to the formation of PM2.5. We use SOX and SO2 California Air Resources Board, Notice of Public source categories. A source category is a specific interchangeably throughout this notice. 33 Meeting to Consider Adopting the 2016 Air Quality industry sector or group of similar emitting sources. The 2016 PM2.5 Plan includes summer day Management Plan for Ozone and PM2.5 for the The emission factors have been developed and inventories for ozone planning purposes, and South Coast Air Basin and the Coachella Valley.’’ compiled from source test data, material balance inventories for Serious area planning purposes for 23 40 CFR 51.1008. studies, and engineering estimates. Continued

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40030 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

average daily inventory is used to inventory methods, including publicly provided by SCAG in ‘‘The 2016–2040 evaluate sources of emissions for available emission factors and activity Regional Transportation Plan/ attainment of the 2012 PM2.5 NAAQS. information. Activity data may come Sustainable Communities Strategy.’’ 36 Future emissions forecasts are from national survey data such as from Re-entrained paved road dust emissions primarily based on demographic and the Energy Information Administration are calculated using the EPA’s AP–42 economic growth projections provided or from local sources such as the road dust methodology.37 by SCAG. Baseline inventories reflect all Southern California Gas Company, paint District control measures adopted by suppliers, and District databases. CARB provided emissions inventories December 2015 and CARB rules adopted Emission factors can be based on a for off-road equipment, including by November 2015. Growth factors used number of sources including source construction and mining equipment, to project these baseline inventories are tests, compliance reports, and the EPA’s industrial and commercial equipment, derived mainly from data obtained from AP–42. lawn and garden equipment, SCAG.34 Emissions inventories are constantly agricultural equipment, ocean-going Each emissions inventory is divided being revised and improved. Between vessels, commercial harbor craft, into two source classifications: the finalization of the South Coast 2012 locomotives, cargo handling equipment, Stationary sources (i.e., point sources Air Quality Management Plan (‘‘2012 pleasure craft, and recreational vehicles. and area sources) and mobile sources AQMP’’) and the development of the CARB uses several models to estimate (i.e., on-road and non-road sources of 2016 PM2.5 Plan, the District improved emissions for more than one hundred emissions). Point sources in the South and updated its emissions estimation off-road equipment categories.38 Aircraft Coast air basin that emit four tons per methodologies for liquified petroleum emissions are developed in conjunction year (tpy) or more of PM, NOX, SOX, or gas combustion sources, natural gas with the airports in the region. VOC report annual emissions to the combustion sources, Regional Clean Air Table 1 provides a summary of the District. Point source emissions for the Incentives Market (RECLAIM) NOX 2012 base year emissions inventory are emissions sources (based on 2015 District’s 2012 base year annual average generally based on reported data from program amendments), livestock waste emissions estimates for direct PM2.5 and facilities using the District’s Annual management operations, gasoline all PM2.5 precursors. These inventories Emissions Reporting program.35 Area dispensing facilities, composting provide the basis for the control sources include smaller emission operations, oil and gas production, and measure analysis and the RFP and sources distributed across the architectural coatings. impracticability demonstrations in the nonattainment area. CARB and the On-road emissions inventories are 2016 PM2.5 Plan. For a more detailed District estimate emissions for about 400 calculated using CARB’s EMFAC2014 discussion of the inventories, see area source categories using established model and the travel activity data Appendix III of the Plan.

TABLE 1—SOUTH COAST 2012 BASE YEAR EMISSIONS [Annual average, tons per day]

Direct PM2.5 NOX SOX VOC Ammonia

Stationary Sources ...... 44 70 10 212 63 On-Road Mobile Sources ...... 14 317 2 158 18 Off-Road Mobile Sources ...... 8 153 6 100 0

Total ...... 66 540 18 470 81

Source: 2016 PM2.5 Plan, Table 3–2. Values may not be precise due to rounding.

Condensable Particulate Matter condensable and filterable PM2.5 control strategy, including Rule 445 emissions from specified sources of (‘‘Wood-Burning Devices’’), as amended 40 The PM2.5 SIP Requirements Rule direct PM2.5 in the South Coast area. May 3, 2013; Rule 1138 (‘‘Control of states that ‘‘[t]he inventory shall include The supplement provides filterable and Emissions from Restaurant direct PM2.5 emissions, separately condensable emissions estimates, Operations’’), adopted November 14, reported PM2.5 filterable and expressed as annual average PM2.5 1997; and Rule 1155 (‘‘Particulate condensable emissions, and emissions emissions, for all of the identified Matter (PM) Control Devices’’), as of the scientific PM2.5 precursors, source categories for the 2012 base year, amended May 2, 2014. As part of our including precursors that are not PM2.5 the 2019 RFP year, the 2021 Moderate action on any rules that regulate direct plan precursors pursuant to a precursor area attainment year, and the 2022 RFP PM2.5 emissions, we evaluate the demonstration under § 51.1006.’’ 39 On year, as well as subsequent years.41 emission limits in the rule to ensure that June 15, 2018, the SCAQMD submitted The 2016 PM2.5 Plan relies on several they appropriately address condensable a technical supplement to the SIP SIP-approved rules that regulate direct PM, as required by 40 CFR containing emissions estimates for both PM emissions as part of the PM2.5 51.1008(a)(1)(iv). We note that the SIP-

38 both the 2006 and 2012 PM2.5 NAAQS. The 2016 www.aqmd.gov/home/rules-compliance/ 2016 PM2.5 Plan, III–1–24. PM2.5 Plan therefore includes annual average and compliance/annual-emission-reporting. 39 40 CFR 51.1008(a)(1)(iv). 36 summer day inventories for all years between 2017 SCAG’s ‘‘The 2016–2040 Regional 40 Letter dated June 15, 2018, from Philip Fine, Transportation Plan/Sustainable Communities and 2031, except 2029. 2016 PM2.5 Plan, Appendix Deputy Executive Officer, SCAQMD, to Amy III, Attachment A. Strategy’’ is available at http://scagrtpscs.net/Pages/ FINAL2016RTPSCS.aspx. Zimpfer, Associate Director, EPA Region IX, 34 Id. at III–2–6. 37 CARB, Miscellaneous Process Methodology 7.9 Subject: ‘‘Condensable and Filterable Portions of 35 Information about the SCAQMD’s Annual Entrained Road Travel, Paved Road Dust, (Revised PM2.5 emissions in the 2016 AQMP.’’ Emissions Reporting program is available at http:// and updated, November 2016) available at https:// 41 Id., Appendix A. www.arb.ca.gov/ei/areasrc/fullpdf/full7-9_2016.pdf.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40031

approved version of Rule 1138 requires developed consistent with the EPA’s ‘‘air pollutant’’ in CAA section 302(g), testing according to the District’s regulations and inventory guidance. In however, provides that the term protocol, which requires measurement accordance with 40 CFR 51.1008(a), the ‘‘includes any precursors to the of both condensable and filterable PM in 2012 base year is one of the three years formation of any air pollutant, to the accordance with SCAQMD Test Method for which monitored data were used for extent the Administrator has identified 5.1.42 We also note that the SIP- designating the area, and it represents such precursor or precursors for the approved version of Rule 1155 requires actual annual average emissions of all particular purpose for which the term measurement of both condensable and sources within the nonattainment area. ‘air pollutant’ is used.’’ The EPA has filterable PM in accordance with Direct PM2.5 and all PM2.5 precursors are identified NOX, SO2, VOC, and SCAQMD Test Methods 5.1, 5.2, or 5.3 included in the inventories, and ammonia as precursors to the formation 43 44 as applicable. filterable and condensable direct PM2.5 of PM2.5. Accordingly, the attainment emissions are identified separately. For plan requirements of subpart 4 apply to 3. The EPA’s Evaluation and Proposed these reasons, we are proposing to emissions of all four precursor Action approve the 2012 base year emissions pollutants and direct PM2.5 from all The emissions inventories in the 2016 inventory in the 2016 PM2.5 Plan as types of stationary, area, and mobile PM2.5 Plan were made available to the meeting the requirements of CAA sources, except as otherwise provided in public for comment and were subject to section 172(c)(3) and 40 CFR 51.1008. the Act (e.g., in CAA section 189(e)). public hearing at both the District and We are also proposing to find that the Section 189(e) of the Act requires that State levels.45 future year baseline inventories in the the control requirements for major The inventories in the 2016 PM2.5 Plan satisfy the requirements of 40 CFR stationary sources of direct PM10 (which Plan are based on the most current and 51.1008(a)(2) and 51.1012(a)(2) and includes PM2.5) also apply to major accurate information available to the provide an adequate basis for the stationary sources of PM10 precursors, State and District at the time the Plan RACM, RFP, and impracticability except where the Administrator and its inventories were being demonstrations in the 2016 PM2.5 determines that such sources do not 47 developed, including the latest EPA- Plan. contribute significantly to PM10 levels approved version of California’s mobile B. PM2.5 Precursors that exceed the standard in the area. source emissions model that was Section 189(e) contains the only express available to the State and District at the 1. Requirements for the Control of PM2.5 exception to the control requirements time they were developing the Plan, Precursors under subpart 4 (e.g., requirements for EMFAC2014, and the EPA’s most recent The provisions of subpart 4 of part D, RACM, RACT, best available control AP–42 methodology for paved road title I of the CAA do not define the term measures (BACM) and best available 46 dust. The inventories ‘‘precursor’’ for purposes of PM2.5, nor control technology (BACT), most comprehensively address all source do they explicitly require the control of stringent measures (MSM), and new categories in the South Coast and were any specifically identified PM source review (NSR)) for sources of precursor. The statutory definition of direct PM2.5 and PM2.5 precursor 42 Rule 1138 (adopted November 14, 1997), emissions. Although section 189(e) paragraph (c)(1) and (g), SCAQMD Protocol 47 The baseline emissions projections in the 2016 paragraph 3.1, and SCAQMD Protocol, explicitly addresses only major PM Plan assume implementation of CARB’s Zero ‘‘Determination of Particulate and Volatile Organic 2.5 stationary sources, the EPA interprets Emissions Vehicle (ZEV) sales mandate and Compound Emissions from Restaurant Operations,’’ greenhouse gas (GHG) standards, based on the the Act as authorizing it also to November 14, 1997 (available at https:// approved EMFAC2014 model and assumptions that determine, under appropriate www.regulations.gov/ were available at the time of the SIP’s development. contentStreamer?documentId=EPA-R09-OAR-2017- circumstances, that regulation of On September 27, 2019, the U.S. Department of 0490-0068&contentType=pdf). The EPA approved specific PM2.5 precursors from other Transportation and the EPA (the Agencies) issued Rule 1138 into the SIP on July 11, 2011 (66 FR a notice of final rulemaking for the Safer Affordable source categories in a given 36170). Fuel-Efficient (SAFE) Vehicles Rule Part One: One nonattainment area is not necessary. For 43 Rule 1155 (as amended May 2, 2014), National Program (SAFE I) that, among other example, under the EPA’s longstanding paragraph (e)(6). The EPA approved Rule 1155 into things, withdrew the EPA’s 2013 waiver of interpretation of the control the SIP on March 16, 2015 (80 FR 13495). preemption of CARB’s ZEV sales mandate and 44 SCAQMD Test Method 5.1, ‘‘Determination of vehicle GHG standards. 84 FR 51310 (September 27, requirements that apply to stationary Particulate Matter Emissions from Stationary 2019). See also proposed SAFE rule at 83 FR 42986 and mobile sources of PM10 precursors Sources Using a Wet Impingement Train,’’ March (August 24, 2018). In response to SAFE I, CARB in the nonattainment area under CAA 1989; SCAQMD Test Method 5.2, ‘‘Determination of developed EMFAC off-model adjustment factors to section 172(c)(1) and subpart 4,48 a state Particulate Matter Emissions from Stationary account for anticipated changes in on-road Sources Using Heated Probe and Filter,’’ March emissions. On March 12, 2020, the EPA informed may demonstrate in a SIP submission 1989; and SCAQMD Test Method 5.3, CARB that the EPA considers these adjustment that control of a certain precursor ‘‘Determination of Particulate Matter Emissions factors to be acceptable for future use. See letter pollutant is not necessary in light of its from Stationary Sources Using an in-Stack Filter,’’ dated March 12, 2020 from Elizabeth J. Adams, EPA October 2005. insignificant contribution to ambient Region IX, to Steven Cliff, CARB. On April 30, 2020 49 45 SCAQMD Board Resolution 17–2, 3 and CARB (85 FR 24174), the Agencies issued a notice of final PM10 levels in the nonattainment area. Resolution 17–8, 4. rulemaking titled: The Safer Affordable Fuel- Under the PM2.5 SIP Requirements 46 SCAG’s on-road emissions inventory includes Efficient (SAFE) Vehicles Rule for Model Years Rule, a state may elect to submit to the power take off (PTO) as part of the heavy-duty truck 2021–2026 Passenger Cars and Light Trucks (SAFE EPA a ‘‘comprehensive precursor category, whereas CARB’s motor vehicle emissions II), establishing the federal fuel economy and GHG budgets (MVEB) includes PTO as a standalone vehicle emissions standards based on the August demonstration’’ for a specific vehicle category. See email dated July 9, 2019, from 2018 SAFE proposal. The effect of both SAFE final nonattainment area to show that Nesamani Kalandiyur, CARB, to Karina O’Connor, rules (SAFE I and SAFE II) on the on-road vehicle emissions of a particular precursor from EPA. As a result, SCAG’s on-road emissions mix in the South Coast nonattainment area and on all existing sources located in the estimates used in the air quality modeling are the resulting vehicular emissions is expected to be slightly lower than CARB’s MVEBs and the minimal during the timeframe addressed in this SIP nonattainment area do not contribute modeled air quality concentrations in the 2016 revision. Therefore, we anticipate the SAFE final 48 PM2.5 Plan are biased slightly low. Thus, the rules would not materially change the General Preamble, 13539–13542. modeled concentrations are conservative and demonstration that it is impracticable for the South 49 Courts have upheld this approach to the consistent with the District’s conclusion that Coast 2012 PM2.5 Moderate area to attain by the requirements of subpart 4 for PM10. See, e.g., Assoc. attainment by the Moderate area attainment date of Moderate area attainment date of December 31, of Irritated Residents v. EPA, et al., 423 F.3d 989 December 31, 2021 is impracticable. 2021. (9th Cir. 2005).

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40032 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

significantly to PM2.5 levels that exceed particulate species formed in the Guidance Update’’) recommends that a the standard in the area.50 If the EPA atmosphere. photochemical model, such as the determines that the contribution of the The 2016 PM2.5 Plan describes how Comprehensive Air Quality Model with precursor to PM2.5 levels in the area is reductions in NOX, SOX, VOC, and Extensions (CAMx) or Community not significant and approves the ammonia emissions contribute to Multiscale Air Quality Model (CMAQ), demonstration, the state is not required attainment of the PM2.5 standard in the be used to simulate a base case, with to control emissions of the relevant South Coast area and contains the meteorological and emissions inputs precursor from existing sources in the District’s evaluation of available control reflecting a base case year, to replicate attainment plan.51 measures for all four of these PM2.5 concentrations monitored in that year. precursor pollutants, in addition to The model application to the base year We are evaluating the 2016 PM2.5 Plan direct PM2.5, consistent with the undergoes a performance evaluation to in accordance with the presumption regulatory presumptions under subpart ensure that it satisfactorily corroborates embodied within subpart 4 that all 4. The 2016 PM2.5 Plan also contains a the concentrations monitored in that PM precursors must be addressed in 2.5 discussion of the control requirements year. The model may then be used to the State’s evaluation of potential applicable to major stationary sources simulate emissions occurring in other control measures, unless the State under CAA section 189(e).54 years required for a plan, namely the adequately demonstrates that emissions base year (which may differ from the of a particular precursor or precursors 3. The EPA’s Evaluation and Proposed Action base case year) and future year.56 The do not contribute significantly to modeled response to the emission ambient PM2.5 levels that exceed the Based on a review of the information changes between those years is used to PM2.5 NAAQS in the nonattainment provided in the 2016 PM2.5 Plan and calculate relative response factors area. In reviewing any determination by other information available to the EPA, (RRFs) that are applied to the design we agree with the State’s conclusion the State to exclude a PM2.5 precursor value in the base year to estimate the that all four chemical precursors to the from the required evaluation of projected design value in the future year formation of PM must be regulated for potential control measures, we consider 2.5 for comparison against the NAAQS. purposes of attaining the 2012 PM both the magnitude of the precursor’s 2.5 Separate RRFs are estimated for each NAAQS in the South Coast area. We contribution to ambient PM2.5 chemical species component of PM , discuss the State’s evaluation of 2.5 concentrations in the nonattainment and for each quarter of the year, to potential control measures for direct area and the sensitivity of ambient PM2.5 reflect their differing responses to PM , NO , SO , VOC, and ammonia in concentrations in the area to reductions 2.5 X X seasonal meteorological conditions and section V.D. in emissions of that precursor. emissions. Because each species is C. Air Quality Modeling 2. Control of PM Precursors in the handled separately, before applying an 2.5 RRF, the base year design value must be 2016 PM2.5 Plan 1. Requirements for Air Quality Modeling speciated using available chemical The 2016 PM Plan discusses the species measurements—that is, each 2.5 Section 189(a)(1)(B) of the CAA five primary pollutants that contribute day’s measured PM2.5 design value must to the mass of the ambient aerosol (i.e., requires each state in which a Moderate be split into its species components. directly emitted PM , NO , SO , VOC, area is located to submit a plan that The Modeling Guidance provides 2.5 X X includes a demonstration (including air and ammonia), and states that various additional detail on the recommended quality modeling) either (i) that the plan 57 combinations of reductions in these approach. will provide for attainment of the PM pollutants could all provide a path to 2.5 The EPA has not issued modeling NAAQS by the applicable attainment clean air.52 The Plan assesses and guidance specific to impracticability date, or (ii) that attainment by that date presents the relative value of each ton demonstrations but believes that a state is impracticable. The 2016 PM Plan of precursor emission reductions, 2.5 seeking to make such a demonstration includes a demonstration that considering the resulting ambient generally should provide air quality attainment by the Moderate attainment improvements in PM2.5 air quality modeling similar to that required for an date is impracticable. 58 expressed in micrograms per cubic 55 attainment demonstration. The main The EPA’s PM2.5 modeling guidance 53 difference is that for an impracticability meter. As presented in the weight of (‘‘Modeling Guidance’’ and ‘‘Modeling evidence discussion, trends in PM2.5 demonstration, the implementation of the SIP control strategy (including and NOX emissions suggest a direct 54 Id., Appendix VI–F. In a separate rulemaking response between lower emissions and to approve revisions to SCAQMD’s NNSR program, improved air quality. The Community the EPA determined that the control requirements Managers, EPA, Subject: ‘‘Update to the 24 Hour PM NAAQS Modeled Attainment Test,’’ Multiscale Air Quality (CMAQ) model applicable under the SCAQMD SIP to major 2.5 stationary sources of direct PM2.5 also apply to (‘‘Modeling Guidance Update’’). 56 simulations in the 2016 PM2.5 Plan major stationary sources of NOX, SOX, and VOC, In this section, we use the terms ‘‘base case,’’ provide a set of response factors for and that major stationary sources of ammonia do ‘‘base year’’ or ‘‘baseline,’’ and ‘‘future year’’ as not contribute significantly to PM levels that described in section 2.3 of the EPA’s Modeling direct PM2.5, NOX, SOX, and VOCs, 2.5 exceed the PM2.5 standards in the area. (80 FR Guidance. The ‘‘base case’’ modeling simulates based on improvements to ambient 24821, May 1, 2015). This rulemaking addressed the measured concentrations for a given time period, PM2.5 levels resulting from reductions of control requirements of CAA section 189(e) only for using emissions and meteorology for that same year. each pollutant. The contribution of NNSR purposes and not for attainment planning The modeling ‘‘base year’’ (which can be the same ammonia emissions is embedded as a purposes under subparts 1 and 4 of part D, title I as the base case year) is the emissions starting point for the plan and for projections to the future year, component of the NO and SO factors of the Act. X X 55 Memorandum dated November 29, 2018, from both of which are modeled for the attainment because ammonium nitrate and Richard Wayland, Air Quality Assessment Division, demonstration. Modeling Guidance, 37–38. Note ammonium sulfate are the resultant Office of Air Quality Planning and Standards, EPA, that CARB sometimes uses ‘‘base year’’ to Regional Air Division Directors, EPA, Subject: synonymously with ‘‘base case’’ and ‘‘reference ‘‘Modeling Guidance for Demonstrating Air Quality year’’ instead of ‘‘base year.’’ 50 40 CFR 51.1006(a)(1). 57 Goals for Ozone, PM2.5, and Regional Haze,’’ Modeling Guidance, section 4.4, ‘‘What is the 51 Id. (‘‘Modeling Guidance’’), and Memorandum dated Modeled Attainment Tests for the Annual Average 52 2016 PM2.5 Plan, VI–F–1 and V–6–61. June 28, 2011 from Tyler Fox, Air Quality Modeling PM2.5 NAAQS.’’ 53 Id. at VI–A–15. Group, OAQPS, EPA, to Regional Air Program 58 81 FR 58010, 58048.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40033

RACM) does not result in attainment of design values reflect the weighted consistent with EPA guidance on the standard by the Moderate area quarterly average concentration from the modeling for PM2.5 attainment planning attainment date. projections of five years of data. The purposes. Based on these reviews, we For an attainment demonstration, a District projected future year annual find that the modeling in the Plan is thorough review of all modeling inputs PM2.5 design values for the 2021 adequate for the purposes of supporting and assumptions (including consistency Moderate area attainment year and the the RFP demonstration and the with EPA guidance) is especially 2025 Serious area attainment year, for demonstration of impracticability in the 3 63 important because the modeling must the 2012 PM2.5 standard of 12 mg/m . 2016 PM2.5 Plan. ultimately support a conclusion that the D. Reasonably Available Control plan (including its control strategy) will Future Air Quality Measures and Control Strategy provide for timely attainment of the Simulations of 2021 baseline applicable NAAQS. In contrast, for an emissions (no additional controls) and 1. Requirements for RACM/RACT and impracticability demonstration, the end 2021 control emissions were conducted Control Strategies point is a reclassification to Serious, to assess future annual PM2.5 levels in The general subpart 1 attainment plan which triggers the requirement for a the South Coast air basin. The 2021 requirement for RACM/RACT is new Serious area attainment plan with baseline simulation used emission described in CAA section 172(c)(1), a new air quality modeling analysis, and levels projected from the 2012 base year which requires that attainment plan a new control strategy.59 Thus, the that reflect all adopted control measures submissions ‘‘provide for the Serious area planning process would to be implemented by December 31, implementation of all reasonably provide an opportunity to refine the 2021. The 2021 control simulation available control measures as modeling analysis and/or correct any reflects the effects of the control strategy expeditiously as practicable (including technical shortcomings in the on future PM2.5 design values. such reductions in emissions from impracticability demonstration. Simulations of both the 2021 baseline existing sources in the area as may be Therefore, the burden of proof will and 2021 control emissions indicate that obtained through the adoption, at a generally be lower for an the 2012 annual PM2.5 standard will not minimum, of reasonably available impracticability demonstration be met in the South Coast in 2021, even control technology)’’ and provide for compared to an attainment when all controls for direct PM2.5 and attainment of the NAAQS. demonstration.60 PM2.5 precursors are implemented. The The attainment planning projected 2021 control scenario design 2. Air Quality Modeling in the 2016 requirements specific to PM2.5 under value is 12.3 mg/m3 at Mira Loma, which subpart 4 likewise impose upon states PM Plan 2.5 is typically the monitoring site that with nonattainment areas classified as Air quality modeling is discussed in records the highest PM2.5 levels in the Moderate an obligation to develop Chapter 5 and Appendix V of the 2016 South Coast air basin. attainment plans that require RACM/ PM2.5 Plan. A brief description of the Table 2 shows future annual PM2.5 air RACT on sources of direct PM2.5 and all modeling and our evaluation of it quality projections at the Mira Loma PM2.5 plan precursors. CAA section follows. More detailed information monitoring site and the four other PM2.5 189(a)(1)(C) requires that Moderate area about the modeling in the Plan is monitoring sites equipped with PM2.5 SIPs contain provisions to assure available in section III of our technical comprehensive particulate species that RACM/RACT are implemented no support document (TSD) for this characterization. Shown in the table are later than four years after designation of proposed action.61 the base year design values for 2012 the area. The EPA reads CAA section along with projections for 2021. Annual PM Modeling Approach 172(c)(1) and 189(a)(1)(C) together to 2.5 require that attainment plans for 62 The District conducted CMAQ TABLE 2—FUTURE ANNUAL PM2.5 AIR Moderate nonattainment areas provide simulations for each day in the 2012 QUALITY PROJECTIONS AT SELECTED for the implementation of RACM/RACT base year. It generated site- and species- MONITORING SITES IN THE SOUTH for existing sources of PM2.5 and those specific RRFs for the ammonium ion, COAST AIR BASIN PM2.5 precursors subject to control in nitrate ion, sulfate ion, organic carbon, the nonattainment area as expeditiously [μg/m3] elemental carbon, sea salt, and a as practicable but no later than four combined grouping of other primary years after designation.64 Monitoring site location 2012 2021 PM2.5 material for each future year Control The PM2.5 SIP Requirements Rule simulation, and calculated future year defines RACM as ‘‘any technologically design values by multiplying the Anaheim ...... 10.6 9.1 and economically feasible measure that species- and site-specific RRFs by the Fontana ...... 12.6 10.4 can be implemented in whole or in part corresponding quarterly mean Los Angeles ...... 12.4 10.6 within 4 years after the effective date of Mira Loma ...... 14.9 12.3 component concentration. The District designation of a PM2.5 nonattainment summed the quarterly mean Rubidoux ...... 13.2 10.9 area and that achieves permanent and

components to determine quarterly Source: 2016 PM2.5 Plan, Table 5–5 and enforceable reductions in direct PM2.5 mean PM2.5 concentrations, which it Table V–6–6. emissions and/or PM2.5 plan precursor subsequently averaged to determine the emissions from sources in the area. 3. The EPA’s Evaluation and Conclusion annual design values. The future year RACM includes reasonably available The EPA evaluated the District’s control technology (RACT).’’ 65 The EPA 59 CAA section 189(b)(1). choice of model for the impracticability has historically defined RACT as the 60 81 FR 58010, 58049. demonstration and the extensive lowest emission limitation that a 61 EPA, Region IX, Air Division, ‘‘Technical discussion in the Plan about modeling particular stationary source is capable of Support Document, Proposed Action on the South procedures, tests, and performance Coast Moderate Area State Implementation Plan meeting by the application of control and Proposed Reclassification as Serious analyses. We find the District’s analyses 64 Nonattainment for the 2012 PM2.5 Standard,’’ April This interpretation is consistent with guidance 2020. 63 The District also projected future year annual provided in the General Preamble, 13540. 62 65 CMAQ Version 5.0.2. PM2.5 design values for 2023. 81 FR 58010, 58035.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40034 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

72 technology (e.g., devices, systems, measures. Specifically, section 2. Control Strategy in the 2016 PM2.5 process modifications, or other 110(a)(2)(A) of the CAA provides that Plan apparatus or techniques that reduce air each SIP ‘‘shall include enforceable For purposes of evaluating the 2016 pollution) that is reasonably available emission limitations and other control PM2.5 Plan, we have divided the considering technological and economic measures, means or techniques . . . as measures relied on to satisfy the 66 feasibility. well as schedules and timetables for applicable control requirements into Under the PM2.5 SIP Requirements compliance, as may be necessary or two categories: Baseline measures and Rule, those control measures that appropriate to meet the applicable control strategy measures. otherwise meet the definition of RACM requirements of the Act.’’ Section As the term is used here, baseline but ‘‘can only be implemented in whole 172(c)(6) of the Act, which applies to measures are federal, State, and District or in part during the period beginning nonattainment area SIPs, is virtually rules and regulations adopted prior to 4 years after the effective date of identical to section 110(a)(2)(A).73 December 2015 for District rules, and designation of a nonattainment area and Commitments approved by the EPA prior to November 2015 for CARB rules no later than the end of the sixth under CAA section 110(k)(3) are (i.e., prior to the development of the calendar year following the effective enforceable by the EPA and citizens 2016 PM2.5 Plan) that continue to date of designation of the area’’ must be under CAA sections 113 and 304, achieve emission reductions through the adopted and implemented as respectively. Additionally, if a state fails Moderate area attainment year of 2021 ‘‘additional reasonable measures.’’ 67 75 to meet its commitments, the EPA may and beyond. The Plan describes many States must provide written of these measures in Chapter 4, make a finding of failure to implement justification in a SIP submission for Appendix III, Appendix IV–B, the SIP under CAA section 179(a)(4), eliminating potential control options Appendix IV–C, and Appendix VI.76 from further review on the basis of which starts an 18-month period for the Reductions from these baseline technological or economic state to correct the non-implementation measures are incorporated into the infeasibility.68 An evaluation of before mandatory sanctions are baseline inventory and reductions from technological feasibility may include imposed. the District measures in the plan are consideration of factors such as a Once the EPA determines that individually quantified in Appendix III, source’s process and operating circumstances warrant consideration of Table III–2–2B. According to the Plan, conditions, raw materials, physical an enforceable commitment to satisfy a baseline measures provide most of the plant layout, and non-air quality and CAA requirement, it considers three emission reductions projected to occur energy impacts (e.g., increased water factors in determining whether to between the 2012 base year and the pollution, waste disposal, and energy approve the enforceable commitment: 2022 post-attainment milestone year.77 69 requirements). An evaluation of (a) Does the commitment address a Control strategy measures are the new economic feasibility may include limited portion of the CAA requirement; rules, rule revisions, commitments, and consideration of factors such as cost per (b) is the state capable of fulfilling its other measures that provide the ton of pollution reduced (cost- commitment; and (c) is the commitment additional increment of emission effectiveness), capital costs, and reductions needed beyond the baseline for a reasonable and appropriate period operating and maintenance costs.70 measures to provide for attainment, to of time.74 Absent other indications, the EPA demonstrate RFP, to meet the RACM/ presumes that it is reasonable for similar RACT requirement, or to provide for 72 sources to bear similar costs of emission In the past, the EPA has approved enforceable contingency measures. Beyond the commitments and courts have enforced these reductions. Economic feasibility of actions against states that failed to comply with reductions from the Plan’s baseline RACM/RACT is thus largely informed those commitments. See, e.g., American Lung Ass’n measures as discussed above, the by evidence that other sources in a of N.J. v. Kean, 670 F. Supp. 1285 (D.N.J. 1987), remaining reductions needed for RFP source category have in fact applied the aff’d, 871 F.2d 319 (3rd Cir. 1989); NRDC, Inc. v. and attainment 78 are to be achieved control technology, process change, or N.Y. State Dept. of Env. Cons., 668 F. Supp. 848 through the District’s enforceable (S.D.N.Y. 1987); Citizens for a Better Env’t v. measure in question in similar Deukmejian, 731 F. Supp. 1448, recon. granted in commitments to achieve emission circumstances.71 par, 746 F. Supp. 976 (N.D. Cal. 1990); Coalition for reductions in the South Coast Consistent with these requirements, Clean Air v. South Coast Air Quality Mgt. Dist., No. nonattainment area. The Plan identifies SCAQMD must implement RACM, CV 97–6916–HLH, (C.D. Cal. Aug. 27, 1999). the control measures that are expected 73 The language in sections 110(a)(2)(A) and including RACT, for direct PM2.5 to achieve those emission reductions, 172(c)(6) is quite broad, allowing a SIP to contain emission sources no later than April 15, any enforceable ‘‘means or techniques’’ that the several of which are identified as 2019, and must implement additional EPA determines are ‘‘necessary or appropriate’’ to ‘‘additional reasonable measures’’ reasonable measures for these sources meet CAA requirements, such that the area will because they are to be implemented no later than December 31, 2021. attain as expeditiously as practicable, but no later The CAA allows for approval of than the designated date. Furthermore, the express 75 These measures are typically rules that have allowance for ‘‘schedules and timetables’’ enforceable commitments that are compliance dates occuring after the adoption date demonstrates that Congress understood that all of a plan and mobile source measures that achieve limited in scope where circumstances required controls might not be in place when a SIP reductions as older engines are replaced through exist that warrant the use of such is approved. attrition (e.g., through fleet turnover). commitments in place of adopted 74 The Fifth Circuit Court of Appeals upheld the 76 See also, email dated September 12, 2019 from EPA’s interpretation of CAA sections 110(a)(2)(A) Kalam Cheung, SCAQMD, to Ashley Graham, EPA and 172(c)(6) and the Agency’s use and application Region IX, attaching spreadsheet entitled ‘‘Draft 66 General Preamble, 13541, and 57 FR 18070, of the three-factor test in approving enforceable Rule Adoption since 2016 AQMP 20190809.xlsx.’’ 18073–18074. 77 commitments in the 1-hour ozone SIP for Houston- 2016 PM2.5 Plan, Chapter 4 and Appendix V. 67 40 CFR 51.1000, 51.1009(a)(4)(i)(B), and Galveston. BCCA Appeal Group et al. v. EPA et al., 78 The 2016 PM Plan contains a demonstration 51.1009(a)(4)(ii)(B). 2.5 355 F.3d 817 (5th Cir. 2003). More recently, the that attainment of the 2012 PM2.5 NAAQS by the 68 40 CFR 51.1009(a)(3). Ninth Circuit Court of Appeals upheld the EPA’s December 31, 2021 Moderate area attainment date 69 40 CFR 51.1009(a)(3); see also 57 FR 18070, approval of enforceable commitments in ozone and is impracticable and identifies December 31, 2025 18073–18074. PM2.5 SIPs for the San Joaquin Valley, based on the as the most expeditious date by which the South 70 Id. same three factor test. Committee for a Better Arvin, Coast area can attain this standard. 2016 PM2.5 Plan, 71 57 FR 18070, 18074. et al. v. EPA, 786 F.3d 1169 (9th Cir. 2015). Chapter 5 and Appendix V.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40035

after the RACM deadline (i.e., after the included in the base year emissions District found that its current rules and four-year period following designation inventory.79 regulations are generally equivalent to, but before the Moderate area attainment Based on these inventories, the or more stringent than, those developed date). Below we discuss the District’s District identified several source by other air districts with respect to RACM/RACT evaluation, additional categories as key emission sources in emissions of PM2.5 and PM2.5 reasonable measures identified in the the South Coast nonattainment area for precursors.82 The District identified a plan, and the District’s commitments to the 2012 PM2.5 NAAQS, including list of potential control measures for achieve emission reductions through consumer products, livestock wastes, reducing emissions further,83 and new control measures to attain the 2012 and numerous mobile source evaluated these potential additional PM2.5 NAAQS by the December 31, 2025 categories.80 For the key stationary control measures to determine whether Serious area attainment date. source categories under SCAQMD’s implementation of the measures would a. RACM/RACT Analysis in the 2016 jurisdiction, the District compared be technologically and economically existing control measures with feasible in the South Coast. In addition, PM2.5 Plan requirements in federal and state the District considered other available The 2016 PM2.5 Plan’s RACM/RACT regulations and guidance, as well as control options that can only be evaluation for direct PM2.5, NOX, SOX, with analogous rules in other air implemented after the four-year VOC, and ammonia sources is presented districts to identify potential control deadline for RACM/RACT, but before in Appendix VI. The District, CARB, measures. Furthermore, to demonstrate the end of the sixth calendar year and SCAG, the local metropolitan that the SCAQMD considered all following designation, i.e., additional planning organization (MPO), each additional candidate measures that are reasonable measures. undertook a process to identify and available and technologically and The District identified four additional evaluate potential measures that could economically feasible, the District control measures with quantifiable contribute to expeditious attainment of conducted the following seven-step emission reductions to be implemented the 2012 PM2.5 standard in the South analysis: for the purpose of meeting the 2012 Coast nonattainment area. We describe (1) Held an Air Quality Technology PM2.5 NAAQS. The Plan contains a each of these processes below. Symposium to solicit new ideas for commitment by the District to adopt and i. The District’s RACM Analysis feasible control measures in the South implement these or substitute measures The District’s RACM demonstration Coast air basin; as additional reasonable measures in (2) conducted a RACT analysis to 84 for the 2012 PM NAAQS focuses on 2020. We discuss the District’s 2.5 identify SCAQMD rules that are less stationary and area source controls and commitment in further detail in section stringent than the EPA control is described in Appendix VI–A of the V.D.2.b. technique guidelines (CTGs) or The District has also included new 2016 PM2.5 Plan. In the years prior to the adoption of analogous rules in other air districts; commitments in the 2016 PM2.5 Plan to (3) reviewed EPA technical support the 2016 PM2.5 Plan, the District achieve specific amounts of emission developed and implemented documents for previously adopted/ reductions from NOX and ammonia comprehensive plans (e.g., the 2012 Air amended rules submitted for approval sources in the South Coast area. Quality Management Plan) to provide into the California SIP; Specifically, the District has committed (4) reviewed control measures for attainment of the PM2.5 and ozone to adopt and submit measures that will NAAQS. These plans have resulted in adopted during 2012–2015 in other achieve 2.5 tons per day (tpd) of areas (i.e., Ventura County, San the District’s adoption of many new reductions in NOX emissions and 0.3 rules and amendments to existing rules Francisco Bay Area, San Joaquin Valley, tpd of reductions in ammonia emissions for stationary and area sources. In Sacramento Metropolitan, Dallas Fort- by 2020, and 20.5 tpd of reductions in Worth, Houston-Galveston-Brazoria, addition, although the District does not NOX emissions by 2022, as part of the New York, and New Jersey) to evaluate have authority to directly regulate control strategy for attaining the PM2.5 emissions from mobile sources, the whether control technologies deemed NAAQS by 2025.85 The District expects District has implemented control available and cost-effective in those areas would be feasible for use in the 82 strategies to indirectly reduce emissions 2016 PM2.5 Plan, VI–A–36 to VI–A–37. from mobile sources. These regulations South Coast air basin; 83 Id., Table VI–A–11. (5) reevaluated control measures that 84 and strategies have yielded significant SCAQMD, Governing Board Resolution No. 17– the District had found to be 2 (March 3, 2017), 9, and 2016 PM2.5 Plan, Table emission reductions from sources under technologically or economically 4–7 and Table 4–8 (identifying BCM–04, BCM–10, the District’s jurisdiction. CMB–02 and CMB–03 as new control measures to infeasible as part of the RACM analysis In the 2016 PM2.5 Plan, the District be implemented by 2020 for PM2.5 purposes). conducted a multi-step process to for the 2012 AQMP; 85 SCAQMD, Governing Board Resolution No. 17– identify additional candidate RACM (6) reviewed the EPA’s Menu of 2 (March 3, 2017), 9; 2016 PM2.5 Plan, Table 4–8; 81 and email dated September 12, 2019 from Kalam measures that are technologically and Control Measures (MCM); and (7) reviewed the EPA’s March 2013 Cheung, SCAQMD, to Ashley Graham, EPA Region economically feasible. As a first step in IX, attaching spreadsheet entitled ‘‘Draft Rule the RACM analysis, the District ‘‘Strategies for Reducing Wood Smoke’’ Adoption since 2016 AQMP 20190809.xlsx’’ guidance document to identify (‘‘Control Strategy Updates’’). Table 4–8 of the Plan developed a detailed emissions identifies 5.8 tpd of NO reductions to be achieved inventory of the sources of direct PM regulatory options for reducing X 2.5 residential wood smoke. by 2022 but is supplemented by the Control and PM precursors. An up-to-date and Strategy Updates, which identify 20.5 tpd of NOX 2.5 Based on its RACM/RACT evaluation comprehensive emissions inventory is reductions to be achieved by 2022 as part of the for stationary and area sources under its District’s aggregate tonnage commitment. Control essential to develop control measures jurisdiction as described above, the Strategy Updates, ‘‘Summary’’ tab (‘‘South Coast that effectively reduce air pollution. AQMD Reasonable Further Progress for 2012 Annual PM2.5 Standard’’). Table 4–8 of the Plan also Details on the methodology and 79 2016 PM2.5 Plan, Table VI–A–3. identifies 0.3 tpd ammonia reductions and 28 tpd development of the emissions inventory 80 Id., Table VI–A–8. NOX reductions to be achieved for purposes of are discussed in Chapter 3 and 81 EPA, Menu of Control Measures, attaining the PM2.5 NAAQS by 2025 and 3.3 tpd Appendix III of the 2016 PM2.5 Plan. A http://www3.epa.gov/ttn/naaqs/pdfs/MenuOf PM2.5 reductions to be achieved for contingency total of 75 major source categories are ControlMeasures.pdf, as of December 1, 2015. measure purposes in 2025.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40036 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

to meet these emission reduction consumer paint thinners, and inks.90 As obtained during our review of the Plan, commitments by adopting new control an example, we discuss South Coast’s we agree with the SCAQMD’s measures and programs and implementation of Rule 1113 conclusion that Rule 1113 implements strengthening existing control measures, (‘‘Architectural Coatings’’) below. RACM for the control of VOCs from such as those identified in Table 4–7 Based on our evaluation of the architectural coatings. and Table 4–8 of the Plan and in a information about these programs in the Confined Animal Facilities and supplemental update to the control 2016 PM2.5 Plan, we agree with the Livestock Waste strategy submitted September 12, 2019 State’s and District’s conclusion that (‘‘Control Strategy Updates’’).86 More these SIP-approved regulations SCAQMD Rule 1127 (‘‘Emission information about the District’s implement RACM for the control of Reductions from Livestock Waste’’), enforceable commitments and the VOCs from consumer products. adopted August 6, 2004, and Rule 223 (‘‘Emission Reduction Permits for Large specific control measures anticipated to Architectural Coatings meet them is included in section V.D.2.c Confined Animal Facilities’’), adopted of this proposed rule. SCAQMD Rule 1113 (‘‘Architectural June 2, 2006, together establish We provide below an evaluation of Coatings’’), amended February 5, 2016, requirements to reduce emissions of several State and District measures for establishes VOC content limits for ammonia, VOCs, and other pollutants key stationary and area source paints and other architectural coating emitted from confined animal facilities categories. We provide a more detailed products and establishes workplace and related operations. The EPA evaluation of the District’s regulations standards for architectural coating approved Rule 1127 and Rule 223 into in our TSD,87 together with operations. The EPA approved Rule the California SIP on May 23, 2013 and recommendations for future 1113, as amended, into the California July 13, 2015, respectively.95 improvements to these rules. SIP on November 29, 2018.91 Rule 1127 applies to dairy farms with In the 2016 PM2.5 Plan, the District 50 or more cows, heifers, and/or calves ii. State and District Measures for compared the requirements of Rule and to manure processing operations, Stationary and Area Sources 1113, as amended September 6, 2013,92 such as composting operations and Consumer Products to analogous requirements implemented anaerobic digesters. The rule requires in other California air districts between CARB and the SCAQMD both have operators of dairy farms and manure 2000 and 2015. The District’s evaluation well-established programs to regulate processing operations to use specified included the requirements of VOC emissions from consumer products best management practices to reduce used by both household and Sacramento Metropolitan Air Quality pollutant emissions during the removal institutional consumers, including Management District’s Rule 442, as and disposal of manure from corrals, detergents; cleaning compounds; amended September 24, 2015. Based on among other things. Rule 223 applies to polishes; floor finishes; cosmetics; this evaluation, the District concluded large confined animal facilities (LCAFs) personal care products; home, lawn, and that Rule 1113, as amended September and prohibits owners/operators of such garden products; disinfectants; 6, 2013, is generally equivalent to the facilities from building, altering, sanitizers; aerosol paints; and requirements in other air districts. replacing, or operating an LCAF without The District’s February 5, 2016 automotive specialty products. first obtaining a permit from the District. amendment to Rule 1113 strengthened Specifically, CARB has adopted three The permit application must include, regulations that establish VOC and the rule by eliminating its exemption for among other things, an emissions reactivity limits for 129 consumer small containers. According to a mitigation plan that identifies the product categories.88 The first SCAQMD staff report, the small mitigation measures to be implemented regulation (Article 1) covers the container exemption represented one at the facility. For each source category percent of sales and an estimated twenty covered by the rule, owners/operators categories of antiperspirants and 93 deodorants. The second regulation percent of total VOC emissions. must implement a prescribed number of (Article 2) covers numerous categories According to this report, the 2016 rule mitigation measures among a list of and is simply called the ‘‘General revision was expected to achieve an options or as approved by the District, Consumer Products Regulation.’’ The estimated VOC reduction of 0.88 tpd by CARB, and the EPA. third regulation (Article 3) covers January 1, 2019. The EPA approved this The District compared the key categories of aerosol coatings. The EPA amended rule into the California SIP on requirements of Rule 1127 and Rule 223 94 approved amendments to these November 29, 2018. to analogous requirements implemented regulations into the California SIP on Based on our evaluation of the in other parts of California and in Idaho. October 17, 2014.89 information provided in the 2016 PM2.5 Based on this evaluation, the District The SCAQMD also regulates certain Plan and additional information concludes that Rule 1127 and Rule 223 categories of consumer products, together establish requirements for including architectural coatings, wood 90 See, e.g., South Coast Rule 1107 (‘‘Coating of confined animal facilities and related Metal Parts and Products’’), approved into the SIP products, solvents and degreasers, on November 24, 2008 (73 FR 70883); South Coast operations that are generally equivalent Rule 1122 (‘‘Solvent Degreasers’’), approved into to the requirements in these other areas. 86 Control Strategy Updates, ‘‘Summary’’ tab the SIP on February 8, 2006 (71 FR 6350); and The District also considered several (‘‘South Coast AQMD Reasonable Further Progress South Coast Rule 1130 (‘‘Graphic Arts’’), approved additional control methods to further for 2012 Annual PM2.5 Standard’’). into the SIP on July 14, 2015 (80 FR 40915). reduce ammonia emissions from 87 EPA, Region IX, Air Division, ‘‘Technical 91 83 FR 61326. Support Document, Proposed Action on the South 92 The EPA approved Rule 1113, as amended June livestock waste, including application of Coast Moderate Area State Implementation Plan 3, 2011, into the SIP on March 26, 2013. 78 FR acidifiers (sodium bisulfate), dietary and Proposed Reclassification as Serious 18244. Since then, the EPA has approved a more manipulation, feed additives, manure Nonattainment for the 2012 PM2.5 Standard,’’ April stringent version of Rule 1113, as amended slurry injection, and microbial/manure 2020. February 5, 2016, into the SIP. 83 FR 61326 additives. The 2016 PM Plan contains 88 These regulations are codified in the California (November 29, 2018). 2.5 Code of Regulations, Title 17, Division 3, Chapter 93 SCAQMD Final Staff Report, ‘‘Proposed a commitment by the District to adopt 1, Subchapter 8.5—Consumer Products; Article 2— Amended Rule 1113—Architectural Coatings,’’ Consumer Products. February 2016, 22. 95 78 FR 30768 (May 23, 2013) and 80 FR 39966 89 79 FR 62346. 94 83 FR 61326. (July 13, 2015).

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40037

an ammonia control measure for wood-burning device in new residential Under Rule 1186, owners and livestock waste in 2019.96 The proposed developments, except in developments operators of paved roads with average measure is identified in the Plan as where there is no existing infrastructure daily vehicle trips exceeding certain BCM–04.97 for natural gas service within 150 feet of thresholds must remove visible roadway Based on our evaluation of the the property line or those 3,000 or more accumulation within specified periods information provided in the 2016 PM2.5 feet above mean sea level. Several other of time and provide curbing or paved Plan, we agree with the SCAQMD’s air districts prohibit or limit the shoulders of certain widths when conclusion that Rule 1127 and Rule 223 installation of non-certified wood- constructing new or widened roads. together implement RACM for the burning devices but allow for Rule 1186 also requires local control of ammonia and VOCs from installation of EPA-certified devices in government agencies that own or confined animal facilities and related new developments. maintain paved roads to procure only operations. The EPA approved Rule 445 as certified street sweeping equipment for implementing BACM for the 2006 24- Residential Wood-Burning Devices routine street sweeping; establishes hour PM2.5 NAAQS on February 12, requirements for owners and operators SCAQMD Rule 445 (‘‘Wood-Burning 2019.100 Since that time, at least two of certain unpaved roads to pave, apply Devices’’), amended May 3, 2013, other California air districts have chemical stabilization, or install signs to establishes requirements for the sale, revised their wood-burning rules to reduce vehicular speeds; and requires operation, and installation of wood- incorporate more stringent owners and operators of livestock burning devices within the South Coast requirements.101 Given that these rules operations to cease hay grinding air basin that are designed to reduce PM were amended well after both the date activities during certain times of day, if emissions from such devices. The EPA of CARB’s submission of the Plan, April visible emissions extend more than 50 approved Rule 445, as amended, into 27, 2017, and the statutory deadline for feet from a hay grinding source. the California SIP on September 26, this plan submission, October 15, 98 The District compared the key 2013. 2016,102 we find it reasonable that the Under Rule 445, persons who requirements of Rule 1186 to analogous SCAQMD did not evaluate these requirements implemented in other manufacture, sell, or install wood- additional control requirements as part burning devices, commercial firewood parts of California and in Nevada. Based of its RACM analysis in the 2016 PM2.5 on this evaluation, the District sellers, and property owners or tenants Plan. Full evaluation of the additional who operate wood-burning devices are concludes that Rule 1186 is generally control requirements in these revised equivalent to the requirements in these subject to specific requirements rules will, however, be required as part concerning the types of wood-burning other areas. To further reduce PM2.5 of the State/District’s BACM emissions in areas with high vehicular devices that may be manufactured, sold, demonstration for the 2012 PM or installed, the types of fuels that may 2.5 activity, the District also considered NAAQS, which will be due within 18 several additional control techniques, be burned in such devices, and labeling months after the effective date of a final requirements. Rule 445 also establishes such as increasing the frequency of rule reclassifying the South Coast area street sweeping with certified a mandatory winter wood-burning as Serious nonattainment for the 2012 curtailment whenever the Executive equipment and specifying the most PM2.5 NAAQS. effective track out prevention measures. Officer declares that ambient PM2.5 Based on our evaluation of the levels are forecasted to exceed 30 mg/m3 The District concludes that an increase information provided in the 2016 PM2.5 at specified source receptor areas.99 in the required frequency of street Plan, we agree with the SCAQMD’s sweeping is not economically feasible at The District compared the conclusion that Rule 445 implements requirements of Rule 445 to several this time because most areas in the RACM for the control of PM2.5 from South Coast air basin already require rules implemented elsewhere in residential wood-burning devices. California that are designed to limit PM regular street sweeping and a emissions from residential wood- Paved and Unpaved Roads and requirement to conduct more frequent burning devices. Based on this review, Livestock Operations street sweeping would achieve only minimal emission reductions. the District concludes that Rule 445 is Rule 1186 (‘‘PM10 Emissions from generally equivalent to these other rules. Paved and Unpaved Roads, and Based on our evaluation of the Rule 445 does not require the removal Livestock Operations’’), amended July information provided in the 2016 PM2.5 of old wood stoves upon resale of a 11, 2008, establishes requirements to Plan, we agree with the SCAQMD’s home, as do rules implemented in reduce the entrainment of PM as a result conclusion that Rule 1186 implements several other areas, but it does contain of vehicular travel on paved and RACM for the control of PM2.5 from a prohibition on the installation of any unpaved public roads and livestock paved and unpaved roads and livestock operations. The EPA approved Rule operations. 96 SCAQMD, Governing Board Resolution No. 17– 1186, as amended, into the California Commercial Charbroiling 2 (March 3, 2017), 9 and 2016 PM2.5 Plan, Table 4– SIP on March 7, 2012.103 7. SCAQMD Rule 1138 (‘‘Control of 97 2016 PM2.5 Plan, Table 4–7 and IV–A–202 to Emissions from Restaurant IV–A–209 (describing BCM–04). 100 84 FR 3305. 98 78 FR 59249. 101 San Joaquin Valley Unified Air Pollution Operations’’), adopted November 14, 99 The District has committed to adopt and submit Control District Rule 4901, amended June 20, 2019, 1997, establishes control requirements revisions to Rule 445 to expand the geographic and Bay Area Air Quality Management District Rule to reduce PM and VOC emissions from scope of the mandatory wood-burning curtailment 6–3, amended November 20, 2019. chain-driven charbroilers at commercial 102 provisions and to lower the curtailment threshold Section 189(a)(2) of the CAA requires cooking operations. The rule does not if the EPA makes any of the findings listed in 40 submission of Moderate area plans within 18 CFR 51.1014(a). Letter dated March 3, 2020, from months after nonattainment designations. Because apply to under-fired charbroilers Michael Benjamin, CARB, to Amy Zimpfer, EPA the EPA designated the South Coast as a (UFCs). The EPA approved Rule 1138 (enclosing letter dated February 12, 2020, from nonattainment area for the 2012 PM2.5 NAAQS into the California SIP on July 11, Wayne Nastri, SCAQMD, to Richard Corey, CARB). effective April 15, 2015 (80 FR 2206), California 2001.104 For more detail on the District’s commitment, see was required to submit a Moderate area plan for this section V.H of this proposed rule (‘‘Contingency area by October 15, 2016. Measures’’). 103 77 FR 13495. 104 66 FR 36170.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40038 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

Under Rule 1138, chain-driven obtained during our review of the Plan, SIP, the rule amendments are estimated charbroilers that cook 875 pounds of we agree with the SCAQMD’s to achieve an additional 0.27 tpd of NOX meat or more per week are required to conclusion that Rule 1138 implements emission reductions by January 1, 112 be equipped and operated with a RACM for the control of PM2.5 from 2023. catalytic oxidizer control device, and commercial charbroilers. Based on our evaluation of the the combination charbroiler/catalyst information provided in the 2016 PM2.5 must be tested and certified by the Boilers, Steam Generators, and Process Plan and additional information Executive Officer to reduce PM and Heaters obtained during our review of the Plan, VOC emissions. The District compared SCAQMD Rule 1146 (‘‘Emissions of we agree with the SCAQMD’s the requirements of Rule 1138 to several NOX from Industrial, Institutional, and conclusion that Rule 1146, Rule 1146.1, rules implemented in other parts of Commercial Boilers, Steam Generators, and Rule 1146.2 implement RACM for California and in other states that are and Process Heaters’’), Rule 1146.1 the control of NOX from boilers, steam designed to limit PM and/or VOC (‘‘Emissions of NOX from Small generators, and process heaters. emissions from commercial Industrial, Institutional, and iii. State Measures for Mobile Sources charbroilers. Based on its review of Commercial Boilers, Steam Generators, analogous regulations implemented in and Process Heaters’’), and Rule 1146.2 CARB’s RACM analysis is contained these other areas, the District concludes (‘‘Emissions of NOX from Large Water in Attachment VI–A–3 (‘‘California that Rule 1138 is generally equivalent to Heaters and Small Boilers and Process Mobile Source Control Program Best those regulations. Heaters) establish NOX emission limits Available Control Measures/Reasonably Several times over the past 20 years for boilers, steam generators, and Available Control Measures and most recently in 2009, the District process heaters. The EPA approved Rule Assessment’’) (‘‘BACM/RACM considered amending Rule 1138 to 1146 and Rule 1146.1, as amended assessment’’) to Appendix VI–A of the regulate PM emissions from UFCs, but November 1, 2013, into the California 2016 PM2.5 Plan. to date the District has not identified SIP on September 25, 2014,109 and CARB’s BACM/RACM assessment control measures for UFCs that are both approved Rule 1146.2, as amended May provides a general description of technologically and economically 5, 2006, into the California SIP on CARB’s existing mobile source feasible for implementation in the South December 5, 2008.110 programs. A more detailed description Coast. Although the Bay Area Air Rule 1146 applies to boilers, steam of CARB’s mobile source control Quality Management District generators, and process heating units program, including a comprehensive (BAAQMD) and New York City with ratings of more than 5 million table listing on- and off-road mobile Department of Environmental Protection British thermal units per hour (mmbtu/ source regulatory actions taken by (NYDEP) have adopted rules that hr); Rule 1146.1 applies to units with CARB since 1985, is contained in require controls for UFCs, neither ratings ranging from 2 to 5 mmbtu/hr; Attachment VI–C–1 to Appendix VI–C agency has yet confirmed that any and Rule 1146.2 applies to units with of the 2016 PM2.5 Plan. The BACM/ regulated sources that are subject to its ratings less than 2 mmbtu/hr. Each rule RACM assessment contains CARB’s rules have successfully installed and sets NOX emission limits for different evaluation of mobile source and other operated certified UFC control fuel types (e.g., digester gas, landfill gas, statewide control measures that reduce 105 technologies. Staff at the BAAQMD refinery gas). Rule 1146 and Rule 1146.1 emissions of PM2.5 and PM2.5 precursors recently noted that electrostatic also establish CO emission limits. in California, including the South Coast precipitators have been installed in The District compared the air basin. commercial kitchens in San Francisco requirements of the SIP-approved Mobile source categories for which and San Jose but that the BAAQMD has versions of Rule 1146, Rule 1146.1, and CARB has primary responsibility for not yet enforced control requirements Rule 1146.2 to several rules reducing emissions in California for UFCs because no control implemented elsewhere in California include most new and existing on- and technologies have yet been certified.106 (i.e., Sacramento, the San Joaquin off-road engines and vehicles and motor The 2016 PM2.5 Plan contains a Valley, and the San Francisco Bay Area) vehicle fuels. Given the need for commitment by the District to adopt a that limit NOX and/or CO emissions significant emission reductions from control measure that requires controls from boilers, steam generators, process mobile sources to meet the NAAQS in on UFCs by 2025.107 The proposed heaters and found that the SCAQMD California nonattainment areas, CARB measure is identified in the Plan as rules are generally as stringent as or has established stringent control BCM–01.108 more stringent than other California air measures for on-road and off-road Based on our evaluation of the district rules for this source category. As mobile sources and the fuels that power information provided in the 2016 PM2.5 part of the EPA’s rulemakings to them.113 California has unique authority Plan and additional information approve these rules into the SIP, the EPA concluded that the rules meet CAA 112 SCAQMD Final Staff Report, ‘‘Proposed 105 Email dated July 11, 2019, from Stanley Tong, Amended Rule 1146—Emissions of Oxides of EPA Region IX, to Krishnan Balakrishnan, requirements for enforceability, RACT, Nitrogen from Industrial, Institutional, and 111 BAAQMD, Subject: ‘‘Underfired charbroiler and SIP revisions. Commercial Boilers, Steam Generators, and Process updates’’ and email dated June 17, 2019, from SCAQMD amended Rule 1146, Rule Heaters; Proposed Amended Rule 1146.1— Ronald Vaughn, NYDEP, to Stanley Tong, EPA 1146.1, and Rule 1146.2 on December 7, Emissions of Oxides of Nitrogen from Small Region IX, Subject: ‘‘RE New Charbroiler 2018, to initiate the transition of the Industrial, Institutional, and Commercial Boilers, Registrations NYC.’’ See also 2016 PM2.5 Plan, IV– Steam Generators, and Process Heaters; Proposed A–186 to IV–A–190. NOX RECLAIM program to a command- Amended Rule 1146.2—Emissions of Oxides of 106 Email dated January 9, 2020, from Virginia and-control regulatory structure. Nitrogen from Large Water Heaters and Small Lau, BAAQMD, to Stanley Tong, EPA Region IX, Although these amended rules have not Boilers and Process Heaters; and Proposed Rule Subject: ‘‘RE: Underfired charbroiler—Q: SJ yet been approved into the California 1100—Implementation Schedule for NOx discussion about BA rule.’’ Facilities,’’ December 2018, EX–2, available at 107 SCAQMD, Governing Board Resolution No. http://www.aqmd.gov/docs/default-source/ 109 17–2 (March 3, 2017), 9 and 2016 PM2.5 Plan, Table 79 FR 57442. Agendas/Governing-Board/2018/2018-dec7- 4–7. 110 73 FR 74027. 028.pdf?sfvrsn=6. 108 111 113 2016 PM2.5 Plan, Table 4–7 and IV–A–186 to 79 FR 57442 (September 25, 2014) and 73 FR California regulations use the term ‘‘off-road’’ IV–A–192 (describing BCM–01). 74027 (December 5, 2008). to refer to ‘‘nonroad’’ vehicles and engines.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40039

under CAA section 209 (subject to a South Coast air basin identify, review, c. Enforceable Commitments waiver by the EPA) to adopt and and make enforceable commitments to The 2016 PM2.5 Plan includes implement new emission standards for implement TCMs; (2) SCAG assembled commitments by the District to adopt many categories of on-road vehicles and and reviewed control measures and implement certain measures and to engines, and new and in-use off-road implemented in other ozone achieve specific emission reductions in vehicles and engines. The EPA has nonattainment areas (both in California the South Coast area for purposes of approved such mobile source and in other states); (3) SCAG compared attaining the 2012 PM2.5 NAAQS by regulations for which waiver candidate measures with measures 2025. Specifically, the SCAQMD has authorizations have been issued as implemented in the South Coast air committed to (1) adopt, submit, and 114 revisions to the California SIP. basin to date, as well as new TCMs in implement the control measures listed CARB’s mobile source program the current Plan; and (4) SCAG provided in Table 4–7 of the Plan by specified extends beyond regulations that are reasoned justification for any available dates to achieve the total tonnages of subject to the waiver or authorization measures that have yet to be emission reductions identified in Table process set forth in CAA section 209 to implemented. Based on their review, 4–8 of the Plan, or substitute other include standards and other SCAG determined that the TCMs measures as necessary to achieve those requirements to control emissions from currently being implemented in the emission reductions, and (2) achieve the in-use heavy-duty trucks and buses, South Coast air basin include all RACM total tonnages of reductions of each gasoline and diesel fuel specifications, and that none of the identified pollutant by the dates specified in Table and many other types of mobile sources. candidate measures are both technically 4–8 of the Plan.120 If the SCAQMD Generally, these regulations have also and economically feasible and would determines that a particular measure been submitted and approved as advance the attainment date in the listed in Table 4–7 of the Plan is 115 revisions to the California SIP. South Coast. Attachment B of Appendix infeasible, in whole or in part, the IV–C of the Plan contains a complete iv. Local Jurisdiction Transportation SCAQMD’s commitment is to substitute listing of all candidate measures Control Measures other measures that will achieve evaluated as potential RACM, including equivalent emission reductions in the Transportation control measures a description of each measure, an same adoption or implementation (TCMs) are, in general, measures indication of whether the measure is 121 timeframes. The 2016 PM2.5 Plan designed to reduce emissions from on- currently being implemented in the relies on these emission reduction road motor vehicles through reductions SCAG region, and a reasoned commitments (also referred to as in vehicle miles traveled (VMT) or justification for SCAG’s rejection of any ‘‘aggregate tonnage commitments’’) as traffic congestion. TCMs can reduce measures that it has not adopted. part of the control strategy for meeting PM emissions in both the on-road 2.5 b. Additional Reasonable Measures the 2022 RFP milestones in the Plan and motor vehicle exhaust and paved road attaining the 2012 PM NAAQS by the dust source categories by reducing VMT 2.5 As discussed above, the PM2.5 SIP December 31, 2025 Serious area and vehicle trips. They can also reduce Requirements Rule defines control attainment date.122 vehicle exhaust emissions by relieving measures that otherwise meet the The District expects to meet its congestion. EPA guidance states that definition of RACM but can only be emission reduction commitments by where mobile sources contribute implemented during the period adopting new control measures and significantly to PM2.5 violations, ‘‘the beginning four years after the effective programs and by strengthening existing state must, at a minimum, address the date of designation but before the control measures, as identified in Table transportation control measures listed in Moderate area attainment date as 4–7 and Table 4–8 of the Plan. These CAA section 108(f) to determine ‘‘additional reasonable measures.’’ 117 new or revised control measures include whether such measures are achievable rules to regulate appliances in in the area considering energy, The 2016 PM2.5 Plan identifies four cost effective and technologically commercial and residential environmental, and economic impacts applications, livestock wastes, non- and other costs.’’ 116 feasible control measures to be 118 refinery flares, greenwaste composting, Appendix IV–C, ‘‘Regional implemented in the year 2020. These measures are BCM–04, BCM–10, CMB– and restaurant burners and residential Transportation Strategy and Control cooking. Measures,’’ contains SCAG’s RACM 03, and CMB–02. Because each of these analysis for TCMs. Consistent with EPA measures is to be implemented in 2020, 3. The EPA’s Evaluation and Proposed guidance, SCAG addressed the TCMs after the April 15, 2019 deadline for Action listed in CAA section 108(f) following a implementation of RACM/RACT but before the Moderate area attainment a. RACM/RACT and Additional four-step process: (1) SCAG described Reasonable Measures the process by which they and the date of December 31, 2021, the District applicable transportation agencies in the identifies these measures as ‘‘additional We have reviewed the District’s reasonable measures’’ for purposes of determination in the 2016 PM2.5 Plan 114 See, e.g., 81 FR 39424 (June 16, 2016), 82 FR providing progress towards attainment that its stationary and area source 119 14446 (March 21, 2017), and 83 FR 23232 (May 18, of the 2012 PM2.5 NAAQS. Details control measures represent RACM for 2018). regarding the cost effectiveness analysis PM2.5 and PM2.5 precursors. In our 115 See, e.g., the EPA’s approval of standards and and the schedule for implementation of review, we also considered our previous other requirements to control emissions from in-use evaluations of the District’s rules in heavy-duty diesel-powered trucks at 77 FR 20308 each of these four measures are (April 4, 2012), revisions to the California on-road provided in Chapter 4, Appendix IV–A, 120 reformulated gasoline and diesel fuel regulations at and Appendix IV–B of the 2016 PM2.5 SCAQMD Governing Board Resolution No. 75 FR 26653 (May 12, 2010), and revisions to the Plan. 17–2 (March 3, 2017), 9. The District clarified its California motor vehicle I/M program at 75 FR aggregate tonnage commitments for the 2022 RFP 38023 (July 1, 2010). milestone year in its Control Strategy Updates, 116 Addendum to General Preamble for the 117 40 CFR 51.1000, 51.1009(a)(4)(i)(B), and ‘‘Summary’’ tab (‘‘South Coast AQMD Reasonable Implementation of Title I of the Clean Air Act 51.1009(a)(4)(ii)(B). Further Progress for 2012 Annual PM2.5 Standard’’). 118 121 Amendments of 1990,’’ 59 FR 41998 (August 16, 2016 PM2.5 Plan, Table 4–8. 2016 PM2.5 Plan, Chapter 4, 4–53 and 4–54. 1994) (hereafter ‘‘Addendum’’), 42013. 119 Id., Table VI–A–13. 122 Id. at 4–53 to 4–54 and Table 4–8.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40040 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

connection with our approval of the EPA’s 3-factor test for approval of such develop, adopt, and implement these SCAQMD’s RACT SIP demonstration for enforceable commitments. measures went beyond the October 15, the 2008 ozone NAAQS.123 Based on The 2016 PM2.5 Plan provides for the 2016 statutory deadline for submitting this review, we believe the District’s majority of the emission reductions the Plan. The District has made progress rules provide for the implementation of necessary for making progress towards in adopting measures to meet its RACM for stationary and area sources of attainment to be achieved from baseline commitments but has not yet PM2.5 and PM2.5 precursors. measures. These reductions come from completely fulfilled them. Given these With respect to mobile sources, a combination of District, State, and circumstances, the 2016 PM2.5 Plan’s CARB’s current program addresses the federal stationary and mobile source reliance on enforceable commitments is full range of mobile sources in the South measures.124 Over the past four decades, warranted. We now consider the three Coast through regulatory programs for the District has adopted or revised factors the EPA uses to determine both new and in-use vehicles. With almost 100 prohibitory rules that limit whether the use of enforceable respect to transportation controls, we emissions of direct PM, NOX, SO2, VOC, commitments in lieu of adopted find that SCAG has a well-established and ammonia from stationary sources. measures satisfies CAA planning TCM development program in which The vast majority of these rules are requirements. TCMs are continuously identified, currently SIP-approved and as such, i. Commitments Are a Limited Portion reviewed, and evaluated throughout the their emission reductions are fully of Required Reductions transportation planning process. creditable in attainment-related SIPs. California has also adopted standards Overall, we believe that the programs For the first factor, we look to see if developed and administered by CARB for many categories of on- and off-road vehicles and engines as well as the commitment addresses a limited and SCAG provide for the portion of a statutory requirement, such implementation of RACM for PM and standards for gasoline and diesel fuels. 2.5 The State’s mobile source measures are as the amount of emission reductions PM2.5 precursors in the South Coast needed to demonstrate RFP in a nonattainment area. discussed in Section V.D.2.a.iii of this proposed rule. The remaining nonattainment area. As discussed in Finally, the 2016 PM2.5 Plan contains reductions needed for attainment are to greater detail in section V.G, the Plan enforceable commitments to adopt and be achieved through the District’s demonstrates RFP for the 2019 RFP implement a number of additional enforceable commitments to achieve milestone year and 2022 post- reasonable measures by 2020, for emission reductions in the South Coast attainment milestone year for purposes purposes of meeting the 2022 RFP through the anticipated defined control of the 2012 PM2.5 Moderate area plan. milestones in the Plan and attaining the measures listed in Table 4–7 and Table For the 2019 milestone year, the plan 2012 PM2.5 NAAQS by the December 31, 4–8 of the Plan. demonstrates that RFP is achieved by 2025 Serious area attainment date. With respect to the 2016 PM2.5 Plan, emission reductions from baseline For all of these reasons, we propose circumstances warrant the consideration measures alone, whereas the RFP to find that the 2016 PM2.5 Plan of enforceable commitments as part of demonstration for the 2022 milestone provides for the implementation of the control strategy and RFP year relies on emission reductions from RACM and additional reasonable demonstration for the South Coast new control measures committed to in 125 measures for all sources of direct PM2.5 nonattainment area. As discussed the 2016 PM2.5 Plan. As shown in and PM2.5 precursors as expeditiously as below, a majority of the emission Table 3, of the emission reductions practicable, for purposes of the 2012 reductions that are needed to needed to meet the 2022 RFP milestone PM2.5 NAAQS in the South Coast area, demonstrate RFP in the South Coast for the 2012 PM2.5 NAAQS in the South in accordance with the requirements of nonattainment area come from rules and Coast nonattainment area, 7 tpd of NOX CAA section 189(a)(1)(C) and 40 CFR regulations that were adopted prior the emission reductions need to be achieved 51.1009. submittal of the Plan in April 2017 (i.e., by new or revised control strategy measures —that is, State and District b. Enforceable Commitments baseline measures). As a result of these already-adopted State and District baseline measures achieve all but 7 tpd In addition, we are proposing to measures, most sources in the South of the NOX emission reductions approve the District’s enforceable Coast nonattainment area were already necessary to meet the RFP milestone for commitments to adopt and implement subject to stringent rules prior to the 2022. This represents approximately 3 certain measures by specific dates and development of the Plan, leaving fewer percent of the NOX reductions needed to to achieve specific tonnages of emission and more technologically challenging meet the 2022 RFP milestone. reductions from these or appropriate opportunities to reduce emissions. In Historically, the EPA has approved SIPs substitute measures, by 2022, as part of the 2016 PM2.5 Plan, the District with enforceable commitments in the the control strategy and RFP identified potential control measures range of approximately 10 to 13 percent demonstration in the 2016 PM2.5 Plan. that could achieve the additional of the total reductions needed for These commitments to adopt and emission reductions needed to attainment.126 We find that the District’s implement control measures and to demonstrate RFP toward attainment by NOX commitment addresses a limited achieve emission reductions, in the the Serious area attainment date. proportion of the required emission aggregate, by specified dates satisfy the However, the timeline needed to reductions.

123 82 FR 43850 (September 20, 2017). FR 18978 (April 16, 1998) and 73 FR 37096 (June ozone plan at 75 FR 10420 (March 8, 2010), the 124 Federal measures include the EPA’s national 30, 2008)). States are allowed to rely on reductions Houston-Galveston 1-hour ozone plan at 66 FR emission standards for heavy duty diesel trucks (66 from federal measures in attainment and RFP 57160 (November 14, 2001), the SJV PM2.5 plan at FR 5001 (January 18, 2001)), certain new demonstrations and for other SIP purposes. 76 FR 69896 (November 9, 2011), and the South construction and farm equipment (Tier 2 and 3 non- 125 2016 PM Plan, Table VI–C–5A. Coast PM2.5 plan at 76 FR 69928 (November 9, road engines standards (63 FR 56968 (October 23, 2.5 126 2011). 1998), and Tier 4 diesel non-road engine standards See, e.g., our approvals of the SJV PM10 plan (69 FR 38958 (June 29, 2004)), and locomotives (63 at 69 FR 30005 (May 26, 2004), the SJV 1-hour

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40041

TABLE 3—REDUCTIONS NEEDED FOR RFP REMAINING AS COMMITMENTS BASED ON SIP-CREDITABLE MEASURES

h PM2.5 NOX SOX VOC Ammonia

A. 2012 baseline emissions level ...... 66.4 540 18.4 470 81.1 B. 2022 RFP target level ...... 64.6 283 17.6 367 74.4 C. Total reductions needed from 2012 baseline levels to demonstrate RFP (A–B) ...... 1.8 257 0.8 103 6.7 D. 2022 RFP baseline emissions level ...... 64 290 17 362 73 E. Reductions from baseline measures (A–D) ...... 2.4 250 1.4 108 8.1 F. Reductions needed from new/revised control strategy measures (D–B)...... 0 7 0 0 0 G. Percent of reductions needed to meet RFP from new control measures (F/C) ...... 0 2.7% 0 0 0

Data Source: 2016 PM2.5 Plan, Table 3–4B and Table VI–C–5A.

ii. The State Is Capable of Fulfilling Its commitments for the 2022 post- and the District have well-funded Commitment attainment RFP milestone year. It has incentive grant programs to reduce For the second factor, we consider adopted numerous baseline measures emissions from the on- and off-road whether the District is capable of that are projected to achieve additional engine fleets. Reductions from these fulfilling its commitments. reductions of NOX in future years as programs have yet to be quantified and/ The District has made significant shown in Table 4. In addition to the or credited in the RFP demonstration. progress in meeting its enforceable measures discussed above, both CARB

TABLE 4—SCAQMD CONTROL MEASURE UPDATES SINCE THE 2016 AIR QUALITY MANAGEMENT PLAN

Final NOX VOC Control measure Rule Adoption implementation reduction reduction date date(s) (tpd) (tpd)

CMB–02 ...... Rule 1111—‘‘Natural-Gas-Fired, Fan-Type Central Fur- * 3/2/2018 1/1/2046 ...... 0.017 ...... naces’’. CTS–01 (2012 AQMP) ... Rule 1113—‘‘Architectural Coatings’’ ...... 2/5/2016 1/1/2019 ...... 0.88 CMB–03 ...... Rule 1118.1—‘‘Non-Refinery Flares’’ ...... 1/4/2019 7/1/2024 ...... 0.2 ...... CMB–01, CMB–05 ...... Rule 1134—‘‘Stationary Gas Turbines’’ ...... 4/5/2019 12/31/2023 ...... 2.8 ...... CMB–01, CMB–05 ...... Rule 1135—‘‘Electricity Generating Facilities’’ ...... 11/2/2018 1/1/2024 ...... 1.8 0.014 CMB–01, CMB–05 ...... Rule 1146, Rule 1146.1, Rule 1146.2—‘‘Non-Refinery 12/7/2018 1/1/2023 ...... 0.27 ...... Boilers and Heaters’’. CTS–01 ...... Rule 1168—‘‘Adhesive and Sealant Applications’’ ...... 10/6/2017 2017, 2019, 2023 ...... 1.4 Source: Email dated September 12, 2019 from Kalam Cheung, SCAQMD, to Ashley Graham, EPA Region IX, attaching spreadsheet entitled ‘‘Draft Rule Adoption since 2016 AQMP 20190809.xlsx.’’ * SCAQMD further amended Rule 1111 on July 6, 2018 and December 6, 2019.

Given the District’s efforts to date and adoption and implementation of these these tables and in the Control Strategy its continuing efforts to reduce defined measures or substitute measures Updates. emissions, we believe it is capable of that achieve equivalent emission E. Major Stationary Source Control meeting its enforceable commitments to reductions. We believe that these Requirements Under CAA Section achieve the reductions needed to meet timeframes are appropriate given the 189(e) its 2022 RFP milestones for the 2012 technological and economic challenges PM2.5 NAAQS. associated with the control measures CAA section 189(e) specifically that will be needed to achieve these requires that the control requirements iii. The Commitment Is for a Reasonable reductions and the State’s and District’s applicable to major stationary sources of and Appropriate Timeframe required procedures for development direct PM2.5 also apply to major For the third and last factor, we and adoption of these measures. In stationary sources of PM2.5 precursors, consider whether the commitment is for addition, these reductions are not except where the Administrator a reasonable and appropriate period of needed to meet the earlier 2019 RFP determines that such sources do not time. milestones. Thus, the commitment is for contribute significantly to PM2.5 levels In order to meet the commitments to a reasonable and appropriate period of that exceed the standards in the area.127 adopt measures and reduce emissions to time. The control requirements applicable to the levels needed to meet the area’s Based on our consideration of these major stationary sources of direct PM2.5 2022 RFP milestones for the 2012 PM2.5 three factors, we are proposing to in a Moderate PM2.5 nonattainment area NAAQS in the South Coast approve the District’s commitments to include, at a minimum, the nonattainment area, the 2016 PM2.5 Plan adopt and implement specific control requirements of a NNSR permit program includes ambitious rule development, measures on the schedule identified in meeting the requirements of CAA adoption, and implementation Table 4–7 and Table 4–8 of the 2016 sections 172(c)(5) and 189(a)(1)(A). In schedules for a number of defined PM2.5 Plan to the extent that these the PM2.5 SIP Requirements Rule, we control measures. The District has commitments have not yet been established a deadline for states to committed to achieve 20.5 tpd of NOX fulfilled, and to achieve specific emission reductions by 2022 through emission reductions by 2022, as given in 127 General Preamble, 13539 and 13541–13542.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40042 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

submit NNSR plan revisions to include a demonstration that the plan appropriate to require adoption of all implement the PM2.5 NAAQS 18 months provides for attainment by the available control measures that are after an area is initially designated and applicable Moderate area attainment reasonable, i.e., technologically and classified as a Moderate nonattainment date or, alternatively, that attainment by economically feasible, in areas that do area.128 such date is impracticable. This not demonstrate timely attainment, even California submitted NNSR SIP provision explicitly requires that a where those measures cannot be revisions for the South Coast to address demonstration of attainment be based implemented within the 4-year the subpart 4 requirements for Moderate on air quality modeling but does not timeframe for implementation of PM nonattainment areas on December 2.5 require such modeling for an RACM/RACT under CAA section 29, 2014.129 The EPA fully approved impracticability demonstration. 189(a)(1)(C). The impracticability these SIP revisions on May 1, 2015.130 Although the EPA expects that most California also submitted NNSR SIP demonstration will then be based on a impracticability demonstrations will showing that the area cannot attain by revisions for the South Coast to address also be supported by air quality the applicable attainment date, the subpart 4 requirements for Serious modeling, it may be possible in some notwithstanding implementation of the PM2.5 nonattainment areas on May 8, cases to support an impracticability required controls. 2017, and the EPA conditionally demonstration with ambient PM2.5 data approved these SIP revisions on and other relevant non-modeling 2. Impracticability Demonstration in the November 30, 2018.131 The basis for the 133 information. 2016 PM2.5 Plan November 30, 2018 conditional CAA section 188(c) states, in relevant approval was a commitment by CARB part, that the Moderate area attainment The 2016 PM2.5 Plan includes a and the SCAQMD to submit a revised date ‘‘shall be as expeditiously as demonstration, based on air quality version of Rule 1325 by December 30, practicable but no later than the end of modeling, that even with the 2019. CARB submitted a revised version the sixth calendar year after the area’s implementation of RACM/RACT and of Rule 1325 to the EPA on April 24, designation as nonattainment . . .’’ For additional reasonable measures for all 132 2019, fulfilling this commitment. the South Coast area, which was appropriate sources, attainment by Accordingly, in this action, the EPA is initially designated as nonattainment for December 31, 2021 is not practicable. not addressing the NNSR control the 2012 PM2.5 standard effective April The impracticability demonstration is requirements that apply to major 15, 2015, the applicable Moderate area included in Appendix VI–B of the 2016 stationary sources of direct PM2.5 and attainment date under section 188(c) for PM2.5 Plan. PM2.5 precursors in the South Coast area this standard is as expeditiously as under CAA section 189(e). practicable but no later than December Modeled annual average PM2.5 concentrations are presented for five F. Demonstration That Attainment by 31, 2021.

the Moderate Area Attainment Date Is In SIP submissions that demonstrate monitoring sites representing high PM2.5 Impracticable impracticability, the state should concentrations in the South Coast air document how its required control basin. Annual PM2.5 concentrations 1. Requirements for Attainment/ strategy in the attainment plan were modeled for the 2012 base year Impracticability of Attainment represents the application of RACM/ and 2021 attainment year. For 2021, the Demonstrations RACT and additional reasonable District examined both baseline and CAA section 189(a)(1)(B) requires that measures, at minimum, to existing control scenarios. The demonstration is each Moderate area attainment plan sources. The EPA believes it is summarized in Table 5.

TABLE 5—IMPRACTICABILITY DEMONSTRATION—ANNUAL AVERAGE PM2.5 DESIGN CONCENTRATIONS [μg/m3]

2021 2021 Station 2012 Baseline Controlled

Los Angeles ...... 12.4 10.9 10.6 Anaheim ...... 10.6 9.4 9.1 Rubidoux ...... 13.2 11.2 10.9 Mira Loma ...... 14.9 12.6 12.3 Fontana ...... 12.6 10.6 10.4

Source: 2016 PM2.5 Plan, Table VI–B–2.

3. The EPA’s Evaluation and Proposed demonstration in the plan. See section time, consistent with the requirements Action V.C of this notice. of CAA sections 172(c)(1) and 189(a)(1)(C) for the 2012 PM2.5 NAAQS The impracticability demonstration in We have also evaluated the RACM/ RACT and additional reasonable in the South Coast. See section V.D of the 2016 PM2.5 Plan is based on air this notice. quality modeling that is generally measures demonstration and find that it consistent with applicable EPA provides for the expeditious Finally, we have evaluated the guidance. We find the modeling implementation of all RACM/RACT and demonstration in the 2016 PM2.5 Plan adequate to support the impracticability additional reasonable measures that that the implementation of the State/ may feasibly be implemented at this District’s SIP control strategy, including

128 81 FR 58010, 58115. 130 80 FR 24821. 132 Letter dated April 24, 2019, from Richard W. 129 Letter dated December 29, 2014, from Richard 131 83 FR 61551. Corey, Executive Officer, CARB, to Mike Stoker, W. Corey, Executive Officer, CARB, to Jared Regional Administrator, EPA Region 9. Blumenfeld, Regional Administrator, EPA Region 9. 133 81 FR 58010, 58048 and 58049.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40043

RACM/RACT and additional reasonable applicable deadline.135 As discussed in cost-effectiveness and pollution measures, is insufficient to bring the EPA guidance in the Addendum to the reduction effectiveness when South Coast into attainment by General Preamble (‘‘Addendum’’),136 developing implementation schedules December 31, 2021. In addition to the requiring linear progress in reductions for control measures and may information in the 2016 PM2.5 Plan, we of direct PM2.5 and any individual implement measures that are more have reviewed recent PM2.5 monitoring precursor in a PM2.5 plan may be effective at reducing PM2.5 earlier, to data from the South Coast. These data appropriate in situations where: provide greater public health 140 show that annual PM2.5 levels in the • The pollutant is emitted by a large benefits. South Coast, with a current design value number and range of sources, The PM2.5 SIP Requirements Rule (2016–2018) of 14.7 mg/m3, continue to • the relationship between any establishes specific regulatory be well above the 12.0 mg/m3 level of the individual source or source category requirements for purposes of satisfying 2012 PM2.5 standard, and the recent and overall air quality is not well the Act’s RFP requirements and trends in annual PM2.5 levels in the known, provides related guidance in the South Coast are not consistent with a • a chemical transformation is preamble to the rule. Specifically, under projection of attainment by the end of involved (e.g., secondary particulate the PM2.5 SIP Requirements Rule, each 134 2021. significantly contributes to PM2.5 levels PM2.5 attainment plan must contain an Based on this evaluation, we propose over the standard), and/or RFP analysis that includes, at a to approve the State’s demonstration in • the emission reductions necessary minimum, the following four the 2016 PM2.5 Plan that attainment of to attain the PM2.5 standard are components: (1) An implementation the 2012 PM2.5 NAAQS in the South inventory-wide.137 schedule for control measures; (2) RFP Coast by the Moderate area attainment The Addendum indicates that projected emissions for direct PM2.5 and date of December 31, 2021, is requiring linear progress may be less all PM2.5 plan precursors for each impracticable, consistent with the appropriate in other situations, such as: applicable milestone year, based on the requirements of CAA section • Where there are a limited number of anticipated control measure 189(a)(1)(B)(ii). On this basis, we also sources of direct PM2.5 or a precursor, implementation schedule; (3) a propose to reclassify the South Coast as • where the relationships between demonstration that the control strategy a Serious nonattainment area, which individual sources and air quality are and implementation schedule will would trigger requirements for the State relatively well defined, and/or achieve reasonable progress toward to submit a Serious area plan consistent • where the emission control systems attainment between the base year and with the requirements of subparts 1 and utilized (e.g., at major point sources) the attainment year; and (4) a 4 of part D, title I of the Act (see section will result in a swift and dramatic demonstration that by the end of the VI of this notice). emission reductions. calendar year for each milestone date for the area, pollutant emissions will be at G. Reasonable Further Progress and In nonattainment areas characterized levels that reflect either generally linear Quantitative Milestones by any of these latter conditions, RFP may be better represented as step-wise progress or stepwise progress in 1. Requirements for Reasonable Further progress as controls are implemented reducing emissions on an annual basis Progress and Quantitative Milestones and achieve significant reductions soon between the base year and the CAA section 172(c)(2) states that all thereafter. For example, if an area’s attainment year.141 States should nonattainment area plans shall require nonattainment problem can be estimate the RFP projected emissions for RFP. In addition, CAA section 189(c) attributed to a few major sources, EPA each quantitative milestone year by requires that all PM2.5 nonattainment guidance indicates that ‘‘RFP should be sector on a pollutant-by-pollutant area SIPs include quantitative met by ‘adherence to an ambitious basis.142 In an area that cannot milestones to be achieved every three compliance schedule’ which is likely to practicably attain the PM2.5 standard by years until the area is redesignated to periodically yield significant emission the applicable Moderate area attainment attainment and which demonstrate RFP. reductions of direct PM2.5 or a PM2.5 date, full implementation of a control Section 171(1) defines RFP as ‘‘such precursor.’’ 138 strategy that satisfies the Moderate area annual incremental reductions in Attainment plans for PM2.5 control requirements represents RFP emissions of the relevant air pollutant as nonattainment areas should include towards attainment.143 are required by [Part D] or may detailed schedules for compliance with Section 189(c) requires that reasonably be required by the emission regulations in the area and attainment plans include quantitative Administrator for the purpose of provide corresponding annual emission milestones that demonstrate RFP. The ensuring attainment of the applicable reductions to be achieved by each purpose of the quantitative milestones is [NAAQS] by the applicable date.’’ milestone in the schedule.139 In to allow for periodic evaluation of the Neither subpart 1 nor subpart 4 of part reviewing an attainment plan under area’s progress towards attainment of D, title I of the Act requires that a set subpart 4, the EPA considers whether the NAAQS consistent with RFP percentage of emission reductions be the annual incremental emission requirements. Because RFP is an annual achieved in any given year for purposes reductions to be achieved are reasonable emission reduction requirement and the of satisfying the RFP requirement. in light of the statutory objective of quantitative milestones are to be For purposes of the PM2.5 NAAQS, the timely attainment. Although early achieved every three years, when a state EPA has interpreted the RFP implementation of the most cost- demonstrates compliance with the requirement to require that effective control measures is often quantitative milestone requirement, it nonattainment area plans show annual appropriate, states should consider both will demonstrate that RFP has been incremental emission reductions achieved during each of the relevant sufficient to maintain generally linear 135 Addendum to the General Preamble, 59 FR three years. Quantitative milestones progress toward attainment by the 41998, 42015 (August 16, 1994). 136 Id. 140 Id. 134 EPA, Design Value Spreadsheets, ‘‘20200306_ 137 Id. 141 40 CFR 51.1012(a). SouthCoastPM25Annual.xlsx’’ and ‘‘pm25_ 138 Id. 142 81 FR 58010, 58056. designvalues_20162018_final_12_03_19.xlsx.’’ 139 Id. at 42016. 143 Id. at 58056, 58057.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40044 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

should provide an objective means to requires that each plan for a Moderate emissions of each of these pollutants evaluate progress toward attainment PM2.5 nonattainment area contain will remain below the levels needed to meaningfully, e.g., through imposition quantitative milestones to be achieved show ‘‘generally linear progress’’ of emission controls in the attainment no later than milestone dates 4.5 years through 2022, the Moderate area post- plan and the requirement to quantify and 7.5 years from the date of attainment milestone year for the 2012 146 149 those required emission reductions. The designation of the area. Because the PM2.5 NAAQS. The Plan’s emissions CAA also requires states to submit EPA designated the South Coast area inventory shows that direct PM2.5, NOX, milestone reports (due 90 days after nonattainment for the 2012 PM2.5 SOX, VOC, and ammonia are emitted by each milestone), and these reports NAAQS effective April 15, 2015,147 the a large number and range of sources in should include calculations and any applicable quantitative milestone dates the South Coast and that the emission assumptions made by the state for purposes of this NAAQS in the reductions needed for each of these concerning how RFP has been met, e.g., South Coast are October 15, 2019 and pollutants are inventory-wide.150 Table through quantification of emission October 15, 2022. Following VI–C–4 of the 2016 PM2.5 Plan contains reductions to date.144 The Act requires reclassification of the South Coast area an implementation schedule for adopted 151 states to include RFP and quantitative as Serious for the 2012 PM2.5 standard, District control measures, Table VI– milestones even for areas that cannot later milestones would be addressed by C–6 contains emission reduction practicably attain. the Serious area plan.148 commitments to be achieved each year The CAA does not specify the starting from 2016 to 2025, and Table VI–C–5 2. Reasonable Further Progress point for counting the three-year periods (reproduced, in part,152 in Table 6) Demonstration and Quantitative for quantitative milestones under CAA contains RFP projected emissions for Milestones in the 2016 PM Plan section 189(c). In the General Preamble 2.5 each quantitative milestone year. Based and Addendum, the EPA interpreted the The RFP plan and quantitative on these analyses, the District concludes CAA to require that the starting point milestones are discussed in section VI– that its adopted control strategy will for the first three-year period be the due C of Appendix VI of the 2016 PM2.5 achieve, for each pollutant, projected date for the Moderate area plan Plan. The Plan estimates that emissions emission levels at or below the RFP and 145 submission. Consistent with this of direct PM2.5, NOX, SOX, VOC, and quantitative milestone target emission longstanding interpretation of the Act, ammonia will generally decline from levels for 2019 and 2022 (see Table 153 the PM2.5 SIP Requirements Rule the 2012 base year and states that 7).

TABLE 6—ANNUAL PM2.5 BASELINE EMISSIONS FOR BASE YEAR AND MODERATE AREA PLAN MILESTONE YEARS [Annual average tpd]

2019 2022 Pollutant 2012 (Quantitative (Quantitative Baseline milestone) milestone)

PM2.5 ...... 66.4 63.9 64.1 NOX ...... 540 353 275 SOX ...... 18.4 16.6 17.0 VOC ...... 470 376 348 Ammonia ...... 81.1 74.0 72.6

Source: 2016 PM2.5 Plan, Table VI–C–5.

TABLE 7—SUMMARY OF ANNUAL PM2.5 RFP CALCULATIONS

Row Calculation step PM2.5 NOX SOX VOC Ammonia

1 ...... 2012 base year emissions (tpd) ...... 66.4 540 18.4 470 81.1 2 ...... Annual percent change needed to show linear progress 0.27 4.8 0.43 2.2 0.83 (%). 3 ...... 2019 target needed to show linear progress (tpd) ...... 65.2 360 17.8 398 76.4 4 ...... 2019 baseline emissions (tpd) ...... 63.9 353 16.6 376 74.0 5 ...... Projected shortfall (tpd) ...... 0 0 0 0 0 6 ...... Surplus in 2019 (tpd) ...... 1.3 6.8 1.2 22.2 2.4 7 ...... 2022 target needed to show linear progress (%) ...... 64.6 283 17.6 367 74.4 8 ...... 2022 emissions (tpd) * ...... 64.1 275 17.0 348 72.6 9 ...... Projected shortfall (tpd) ...... 0 0 0 0 0 10 ...... Surplus in 2022 (tpd) ...... 0.56 8.0 0.59 18.5 1.7

* Based on controlled emissions with emission reductions committed to in the 2016 PM2.5 Plan. Source: 2016 PM2.5 Plan, Table VI–C–5A.

The 2016 PM2.5 Plan documents the and additional reasonable measures for as expeditiously as practicable and State’s conclusion that all RACM/RACT these pollutants are being implemented identifies projected levels of direct

144 149 Addendum, 42016–42017. 2016 PM2.5 Plan, Table VI–C–5 and Table VI– Region IX, attaching spreadsheet entitled ‘‘Draft 145 General Preamble, 13539, and Addendum, C–5A. Rule Adoption since 2016 AQMP 20190809.xlsx.’’ 42016. 150 Id., Chapter 4 and appendices IV–A, VI–B, and 152 Table 6 identifies only emission levels for 146 40 CFR 51.1013(a)(1). VI–C. milestone years that must be addressed by the 147 80 FR 2206. 151 See also email dated September 12, 2019 from Moderate area plan. 148 153 Addendum, 42016. Kalam Cheung, SCAQMD, to Ashley Graham, EPA 2016 PM2.5 Plan, VI–C–9.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40045

PM2.5, NOX, SOX, VOC, and ammonia adopted the In-Use Off Road Diesel- Refinery Flares’’), CMB–04 (‘‘Emission emissions that reflect full Fueled Fleets Regulation (‘‘Off-Road Reductions from Restaurant Burners and implementation of the State, District, Regulation’’) in 2007. The Off-Road Residential Cooking’’), ECC–02 (‘‘Co- and SCAG’s RACM/RACT and Regulation requires owners to replace Benefits from Existing Residential and additional reasonable measure control older vehicles or engines with newer, Commercial Building Energy Efficiency strategy for these pollutants.154 The cleaner models to either (1) retire older Measures’’), ECC–03 (‘‘Additional control strategy that provides the basis vehicles or reduce their use, or (2) to Enhancements in Reducing Residential for these emission projections is apply retrofit exhaust controls. Off-road Building Energy Use’’), MOB–10 described in Chapter 4, Appendix IV, fleets are required to meet increasingly (‘‘Extension of the SOON Provision for 159 and Appendix VI of the 2016 PM2.5 strict fleet average indices over time. Construction/Industrial Equipment’’), Plan. These indices reflect a fleet’s overall MOB–11 (‘‘Extended Exchange emission rates of PM and NO for model Direct PM X Program’’), and MOB–14 (‘‘Emission 2.5 year and horsepower combinations. Reductions from Incentive The District has several stationary and Fleets were also banned from adding Programs’’).163 area source rules that are projected to Tier 0 off-road engines as of January 1, For on-road and non-road mobile contribute to RFP and attainment of the 2014.160 CARB implemented a similar sources, which represent the largest 155 PM2.5 standards. For example, Rule ban on Tier 1 engines between January sources of NOX emissions in the 444 (‘‘Open Burning’’) and Rule 445 1, 2014 (large fleets) and January 1, 2016 nonattainment area, the 2016 PM2.5 Plan (‘‘Residential Wood Burning Devices’’) (small fleets). lists numerous CARB regulations and were amended in 2013 to achieve PM 2.5 Nitrogen Oxides discusses the key regulations that limit reductions during winter episodic emissions of direct PM as well as The District regulates numerous NO 2.5 conditions. The 2013 amendments to X NO , SO , VOC, and ammonia from emission sources such as residential X 2 Rule 445 lowered the mandatory winter these sources.164 For example, the space and water heating devices, burning curtailment program threshold regulations that apply to the three stationary internal combustion engines, for residential wood burning and, in largest sources of NO in the South and various sizes of boilers, steam X certain cases, extended the curtailment Coast—heavy-duty diesel trucks, light- generators, and process heaters used in to the entire South Coast air basin, and medium-duty passenger vehicles, industrial settings. The 2016 PM Plan thereby further limiting emissions from 2.5 and off-road equipment—are discussed one of the largest direct PM2.5 identifies the following South Coast regulations as measures that achieve in the 2016 PM2.5 Plan at Appendix VI– combustion sources in the South Coast C, Attachment VI–C–1, ‘‘California nonattainment area.156 These rule ongoing NOX reductions with compliance dates during the RFP years Existing Mobile Source Control amendments provide part of the Program,’’ and CARB’s emission incremental reductions in emissions of of the Plan: Rule 1111 (‘‘Reductions of NO from Natural Gas-Fired, Fan-Type projections for these sources are direct PM2.5 needed from the 2012 base X presented in the Plan’s emissions 157 Central Furnaces’’), Rule 1146.2 year to meet RFP requirements. inventory.165 The Plan also shows that Measures to control sources of direct (‘‘Emission of Oxides of Nitrogen from NOX emission levels in the 2019 and PM2.5 are also presented in the Plan’s Large Water Heaters and Small Boilers and Process Heaters’’), and Rule 1147 2022 milestone years are projected to be RACM analyses and are reflected in the below the levels needed to show (‘‘NOX Reductions from Miscellaneous Plan’s baseline emission projections. generally linear progress toward The Plan highlights on-road and other Sources’’).161 162 attainment in 2025.166 mobile source control measures as the In addition to these baseline primary means for achieving direct measures, the District has committed to The Truck and Bus Regulation and Drayage Truck Regulation became PM emission reductions. CARB’s adopt and implement several new 2.5 effective in 2011 and have rolling implementation of the Truck and Bus measures to reduce NOX emissions and compliance deadlines based on truck Regulation achieved PM emission ensure RFP toward attainment of the 2.5 engine model year. These and other reductions beginning in 2012.158 Lighter 2012 PM2.5 NAAQS in the South Coast regulations applicable to heavy-duty trucks and buses were required to air basin. These measures may include diesel trucks will continue to reduce replace 1995 and older engines with a CMB–01 (‘‘Transition to Zero and Near- Zero Emission Technologies for emissions of diesel PM and NOX 2010 model year by 2015. The 2010 167 model year engines include particulate Stationary Sources’’), CMB–02 through the RFP planning years. For filters. CARB’s LEV II program includes (‘‘Emission Reductions from example, model year 1994 and 1995 PM emission limits by model year for Replacement with Zero or Near-Zero heavy-duty diesel truck engines were 2016, and the LEV II program has NOX Appliances in Commercial and required to be upgraded to meet the stricter emission limits for 2017 and Residential Applications’’), CMB–03 2010 model year truck engine emission beyond. For off-road vehicles, CARB (‘‘Emission Reductions from Non- standards by 2016, and model year 1996–1999 engines must be upgraded by 159 A fleet average index is an indicator of a fleet’s 168 154 Id. at VI–C–5 to VI–C–12; see also evaluation January 1, 2020. overall emissions rate of PM and NOX based on the of RACM/RACT in section V.D of this proposed horsepower and model year of each engine in the 163 2016 PM Plan, Table VI–C–6. rule. fleet. 2.5 155 164 Id., Appendix VI–C, Attachment VI–C–1. Id., Table III–2–2B and Table 4–8. 160 Tier 0 engines meet 1995 to 1999 emission 165 156 Id., Table III–1–2. See also 78 FR 59249 standards, depending on engine size and Id., Appendix III. (September 26, 2013). horsepower. See http://www.assocpower.com/ 166 Id., Table VI–C–5A. 157 Id., Table VI–C–4. eqdata/tech/US-EPA-Tier-Chart_1995-2004.php. 167 Id. at VI–C–20. 158 161 168 The State’s quantitative milestone report for 2016 PM2.5 Plan, Table VI–C–4. See also email Title 13, California Code of Regulations, the 2017 milestone for the 2006 PM2.5 standards dated September 12, 2019 from Kalam Cheung, Section 2025 (‘‘Regulation to Reduce Emissions of indicates that the requirement for heavier trucks to SCAQMD, to Ashley Graham, EPA Region IX, Diesel Particulate Matter, Oxides of Nitrogen and install diesel particulate filters was fully attaching spreadsheet entitled ‘‘Draft Rule Adoption Other Criteria Pollutants, from In-Use Heavy-Duty implemented by 2016. See SCAQMD, ‘‘2017 since 2016 AQMP 20190809.xlsx.’’ Diesel-Fueled Vehicles’’), paragraphs (e), (f), and Quantitative Milestone Report for the 2006 24-hour 162 Rule 1111 was mistakenly listed as Rule 1110 (g), effective December 14, 2011. See also 77 FR PM2.5 National Ambient Air Quality Standard,’’ in the 2016 PM2.5 Plan, Table VI–C–4. See 2017 QM 20308, 20309–20310 (April 4, 2012) (final rule March 2018 (‘‘2017 QM Report’’), 11. Report, 6, footnote 1. Continued

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40046 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

CARB’s Cleaner In-Use Off-road the 2016 PM2.5 Plan. For example, South reductions from state regulation of Equipment regulation was first Coast Rule 223 and Rule 1127, which ocean-going vessels. approved in 2007 to reduce PM and regulate confined animal facilities and 2.5 Quantitative Milestones NOX emissions from in-use off-road manure waste from these facilities, heavy-duty diesel vehicles in California control ammonia, as do the District’s The 2016 PM2.5 Plan identifies a such as those used in construction, composting measures (i.e., Rule 1133, milestone year of 2019, which is 4.5 mining, and industrial operations. The Rule 1133.1, Rule 1133.2 and Rule years after the effective date of the regulation reduces emissions of PM2.5 1133.3). These rules and the methods EPA’s designation and classification of and NOX by targeting the existing fleet they use to control ammonia emissions the South Coast as a Moderate and imposing idling limits, restrictions are discussed at length in Appendix IV– nonattainment area for the 2012 PM2.5 on use of older vehicles, and A of the Plan, and their emission NAAQS, and a second milestone year of requirements to retrofit or replace the projections are presented collectively 2022, which is 7.5 years after the oldest engines. For example, Tier 0 under farming operations (for confined effective date of the designation. The engines could not be added to fleets animal feeding operations and manure) Plan also identifies target RFP emission after January 1, 2014, and Tier 1 engines or waste disposal (for composting levels for direct PM , NO , SO , VOC, could not be added after January 1, categories) in the Plan’s emissions 2.5 X 2 172 and ammonia for the 2019 milestone 2016. The regulation was phased in inventory. We discuss our evaluation year and the 2022 post-attainment between January 1, 2014 and January 1, of these rules for purposes of satisfying 175 169 milestone year, and emission 2019. RACM requirements in section V.D of reduction commitments to be achieved this proposed rule. Volatile Organic Compounds through 2022 in accordance with the As part of the control strategy for the control strategy in the Plan.176 As with other precursors, the District 2016 PM2.5 Plan, the District has regulates stationary and area sources of committed to adopt and implement new 3. The EPA’s Evaluation and Proposed VOCs, and CARB is largely responsible or revised control measures to reduce Action for regulating emissions from both on- ammonia emissions in the South Coast road and off-road mobile sources. The air basin. Potential measures include: The 2016 PM2.5 Plan describes the 2016 PM2.5 Plan highlights one adopted (1) BCM–04 (‘‘Emission Reductions adopted control measures for direct stationary source VOC rule that from Manure Management Strategies’’), PM2.5, NOX, SO2, VOC, and ammonia contributes to RFP: Rule 1114 which would reduce ammonia from implemented during each year of the (‘‘Petroleum Refinery Coking fresh manure through acidifier plan and demonstrates that these Operations’’).170 application, dietary manipulation, feed measures are being implemented as In addition to the baseline measures additives, and other manure control expeditiously as practicable. discussed above, the District intends to strategies, including potentially Additionally, the Plan presents basin- adopt and implement several measures lowering the threshold for large wide emission reduction commitments to reduce NOX emissions that may also confined animal facilities under Rule to attain the 2012 PM2.5 NAAQS. The result in VOC emission reductions and 223; and (2) BCM–10 (‘‘Emission Plan contains projected RFP emission help ensure RFP toward attainment of Reductions from Greenwaste levels for direct PM2.5 and all PM2.5 the 2012 PM2.5 NAAQS in the South Composting’’), which would reduce precursors for the 2019 and 2022 Coast air basin. These measures include ammonia through emerging organic milestone years based on the anticipated CMB–01 (‘‘Transition to Zero and Near- waste processing technology and implementation schedule for the control Zero Emission Technologies for potential restrictions on direct land strategy. Finally, the 2016 PM2.5 Plan Stationary Sources’’), CMB–03 application of uncomposted demonstrates that, by the end of the (‘‘Emission Reductions from Non- greenwaste.173 calendar year for each milestone date for Refinery Flares’’), ECC–02 (‘‘Co-Benefits The District ascribes the projected the area, emissions of direct PM2.5 and from Existing Residential and reductions in ammonia during the all PM2.5 precursors will be reduced at Commercial Building Energy Efficiency rates representing generally linear period from 2012 to 2022 to decreases 177 Measures’’), ECC–03 (‘‘Additional in farming operations in the South Coast progress towards attainment. We Enhancements in Reducing Residential air basin, reductions in emissions from agree with the State and District’s Building Energy Use’’).171 mobile sources largely achieved by State conclusion that generally linear progress is an appropriate measure of RFP for the As with NOX, the majority of VOC regulations for on-road motor vehicles, emission reductions that occur between and the District’s commitments to adopt 2012 PM2.5 NAAQS in the South Coast the 2012 base year and the 2022 RFP and implement new control measures area given that PM2.5 and its precursors year come from on-road mobile sources such as BCM–04 and BCM–10.174 are emitted by a large number and range and other mobile sources that are under of sources in the South Coast, the the State’s jurisdiction. Sulfur Dioxide emission reductions needed for these

Reductions of SO2 in the South Coast Ammonia 175 nonattainment area during the period 2016 PM2.5 Plan, VI–C–9 and VI–C–10. 176 Control measures for ammonia from 2012 to 2022 are mainly from Id., Table VI–C–6. sources are described in Appendix VI of 177 In addition to the Moderate area plan and mobile source reductions. The majority request for reclassification to Serious, the 2016 of the SO2 reductions come from non- PM2.5 Plan includes a Serious area attainment approving CARB’s Truck and Bus Rule into road mobile sources, primarily demonstration for the 2012 PM2.5 NAAQS with a California SIP). December 31, 2025 attainment date. The RFP 169 2016 PM2.5 Plan, Appendix VI–C, Attachment demonstration in the 2016 PM2.5 Plan represents 172 VI–C–1, VI–C–23 and VI–C–24. 2016 PM2.5 Plan, IV–A–98 to IV–A–103. generally linear progress between the 2012 base 170 Id., Table VI–C–4. See also, email dated 173 SCAQMD, Governing Board Resolution No. year and projected 2025 attainment year in the September 12, 2019 from Kalam Cheung, SCAQMD, 17–2 (March 3, 2017), 9 and 2016 PM2.5 Plan, Table Serious area plan. Given that the Plan identifies to Ashley Graham, EPA Region IX, attaching 4–7, identifying BCM–04 and BCM–10 as new December 31, 2025 as the most expeditious spreadsheet entitled ‘‘Draft Rule Adoption since control measures to be implemented by 2020 for attainment date for the area, we find this date to be 2016 AQMP 20190809.xlsx.’’ PM2.5 purposes. an appropriate end point for the RFP 171 174 Id. 2016 PM2.5 Plan, Appendix III, Attachment A. demonstration.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40047

pollutants are inventory-wide,178 and H. Contingency Measures to demonstrate attainment divided by the number of years from the base year secondary particulates contribute 1. Requirements for Contingency to the attainment year. In general, we significantly to ambient PM2.5 levels in Measures the South Coast area.179 expect all actions needed to effect full Under CAA section 172(c)(9), each implementation of the measures to Additionally, the 2016 PM Plan 2.5 SIP for a nonattainment area must occur within 60 days after the EPA identifies quantitative milestone dates include contingency measures to be notifies the state of a failure to meet RFP that are consistent with the implemented if an area fails to meet RFP or to attain.185 requirements of 40 CFR 51.1013(a)(4) (‘‘RFP contingency measures’’) or fails To satisfy the requirements of 40 CFR and target emission levels for direct to attain the NAAQS by the applicable 51.1014, the contingency measures PM2.5 and all PM2.5 precursors to be attainment date (‘‘attainment adopted as part of a PM2.5 attainment achieved by these milestone dates contingency measures’’). Under the plan must consist of control measures through implementation of the control PM2.5 SIP Requirements Rule, PM2.5 for the area that are not otherwise strategy. These target emission levels attainment plans must include required to meet other nonattainment and associated control requirements contingency measures to be plan requirements (e.g., to meet RACM/ provide for objective evaluation of the implemented following a determination RACT requirements) and must specify area’s progress towards attainment of by the EPA that the state has failed: (1) the timeframe within which their the 2012 PM2.5 NAAQS. To meet any RFP requirement in the requirements become effective following approved SIP; (2) to meet any any of the EPA determinations specified For all of these reasons, we propose quantitative milestone in the approved in 40 CFR 51.1014(a). to approve the RFP demonstration in the SIP; (3) to submit a required quantitative In a 2016 decision called Bahr v. EPA 2016 PM2.5 Plan as meeting the milestone report; or (4) to attain the (‘‘Bahr’’),186 the Ninth Circuit Court of requirements of CAA section 172(c)(2) applicable PM2.5 NAAQS by the Appeals rejected the EPA’s and 40 CFR 51.1012(a) and to determine applicable attainment date.182 Section interpretation of CAA section 172(c)(9) that the quantitative milestones in the 189(b)(1)(A) of the CAA, however, to allow approval of already Plan satisfy the requirements of CAA differentiates between attainment plans implemented control measures as section 189(c) and 40 CFR 51.1013. that provide for timely attainment and contingency measures. In Bahr, the On January 13, 2020, CARB submitted those that demonstrate that attainment Ninth Circuit concluded that the ‘‘2019 Quantitative Milestone Report is impracticable. Where a SIP includes contingency measures must be measures a demonstration that attainment by the that are triggered only after the EPA for the 2012 annual PM2.5 National Ambient Air Qualtiy Standard (January applicable attainment date is determines that an area fails to meet impracticable, the state need only RFP requirements or to attain by the 2020)’’ (‘‘2019 QM Report’’) to the submit contingency measures to be applicable attainment date, not before. EPA.180 The 2019 QM Report includes implemented if an area fails to meet Thus, within the geographic jurisdiction a certification from the Governor’s RFP, to meet a SIP-approved of the Ninth Circuit, already designee that the 2019 quantitative quantitative milestone, or to submit a implemented measures cannot serve as milestones for the South Coast PM2.5 required quantitative milestone contingency measures under CAA nonattainment area have been achieved report.183 Contingency measures must section 172(c)(9). and a demonstration that the adopted be fully adopted rules or control To comply with section 172(c)(9), as control strategy has been fully measures that are ready to be interpreted in the Bahr decision, a state implemented. The 2019 QM Report also implemented quickly upon failure to must develop, adopt, and submit a contains a demonstration of how the meet RFP or failure of the area to meet contingency measure to be triggered emission reductions achieved to date the relevant NAAQS by the applicable upon a failure to meet an RFP compare to those required or scheduled attainment date.184 milestone, failure to meet a quantitative to meet RFP. The State and District The purpose of contingency measures milestone requirement, or failure to conclude in the 2019 QM Report that is to continue progress in reducing attain the NAAQS by the applicable the emission reductions needed to emissions while a state revises its SIP to attainment date regardless of the extent demonstrate RFP have been achieved meet the missed RFP requirement or to to which already-implemented and that the 2019 quantitative milestone correct ongoing nonattainment. Neither measures would achieve surplus has been met in the South Coast. On the CAA nor the EPA’s implementing emission reductions beyond those regulations establish a specific level of March 30, 2020, the EPA determined necessary to meet RFP or quantitative emission reductions that milestone requirements and beyond that the South Coast 2019 QM Report implementation of contingency those predicted to achieve attainment of was adequate.181 We invite the public to measures must achieve, but the EPA the NAAQS. comment on this determination of recommends that contingency measures 2. Contingency Measures in the 2016 adequacy. should provide for emission reductions PM Plan equivalent to approximately one year of 2.5 reductions needed for RFP, calculated The 2016 PM2.5 Plan addresses the 178 2016 PM2.5 Plan, Appendix IV–A, Appendix as the overall level of reductions needed contingency measure requirement in IV–B, and Appendix VI–A. Chapter 4 of the Plan and in section H 179 Id. at V–6–61. 182 40 CFR 51.1014(a). of the CARB Staff Report. Chapter 4 of 180 Letter dated January 13, 2020, from Richard 183 The EPA does not interpret the requirement the 2016 PM2.5 Plan addresses W. Corey, Executive Officer, CARB, to Mike Stoker, for failure-to-attain contingency measures to apply contingency measures for failure to to a Moderate PM2.5 nonattainment area that a state Regional Administrator, EPA Region IX, with attain the 2006 PM2.5 NAAQS by enclosure. demonstrates cannot practicably attain the NAAQS by the statutory attainment date. Rather, the EPA 181 Letter dated March 30, 2020, from Andrew R. believes it is appropriate for the state to identify 185 81 FR 58010, 58066. See also General Wheeler, Administrator, EPA, to Richard W. Corey, and adopt attainment contingency measures as part Preamble, 13512, 13543–13544, and Addendum, Executive Officer, CARB, regarding 2019 of the Serious area attainment plan. 81 FR 58010, 42014–42015. Quantitative Milestone Report for the 2012 annual 58067 and Addendum, 42015. 186 Bahr v. EPA, 836 F.3d 1218, 1235–1237 (9th 184 PM2.5 National Ambient Air Quality Standards. 81 FR 58010, 58066 and Addendum, 42015. Cir. 2016).

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40048 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

describing emission reductions to be contingency measure requirement for distinguish between contingency achieved by an adopted measure, South the 2012 PM2.5 NAAQS in the South measures to address potential failure to Coast Rule 445 (‘‘Wood-Burning Coast nonattainment area.191 achieve RFP milestones or to meet 187 Devices). The 2016 PM2.5 Plan does Specifically, the District has quantitative milestone requirements not specifically address contingency committed to revise an existing rule, (‘‘RFP contingency measures’’) and measures for failure to meet RFP or Rule 445 (‘‘Wood Burning Devices’’), to contingency measures to address quantitative milestone requirements. establish more stringent requirements potential failure to attain the NAAQS The CARB Staff Report provides a brief that would become effective if the EPA (‘‘attainment contingency measures’’). statement acknowledging the Bahr makes any of the four determinations decision and committing to work with (i.e., ‘‘findings of failure’’) listed in 40 2006 PM2.5 Serious Area Contingency the EPA and the District to provide CFR 51.1014(a). The revisions are to Measure Requirements additional documentation or develop lower the PM wood burning curtailment The EPA previously approved those 3 any needed SIP revisions consistent threshold to 29 mg/m upon the first portions of the 2016 PM2.5 Plan that with that decision.188 EPA finding of failure, and to lower the pertain to the requirements for 3 To supplement the contingency threshold to 28, 27, and 26 mg/m upon implementing the 2006 PM2.5 NAAQS in measure element of the 2016 PM2.5 Plan, a second, third, and fourth finding of the South Coast, except for the CARB submitted a letter dated January failure, respectively. Under the revised contingency measure component of the 29, 2019 enclosing the District’s rule, the mandatory winter burning Plan.195 As part of that action, the EPA commitment to adopt a control measure curtailment would apply to the entire found that, for purposes of the 2006 by a date certain for purposes of South Coast air basin. The District PM2.5 NAAQS, the requirement for RFP satisfying CAA contingency measure estimates that lowering the curtailment contingency measures was moot as requirements for the 2006 and 2012 threshold to 29, 28, 27, and 26 mg/m3 applied to the 2017 milestone year 189 PM2.5 NAAQS. By letter dated upon each finding of failure would because CARB and the District had February 12, 2020, the District clarified achieve reductions in PM2.5 emissions of demonstrated to the EPA’s satisfaction its commitment by committing to 20.9, 20.9, 13.9, and 19.1 tpy, that the 2017 quantitative milestones in develop, adopt, and submit to CARB, for respectively.192 the plan had been met.196 The EPA took submission to the EPA, a revised rule The District has committed to adopt no action, however, with respect to RFP containing specific contingency this revised rule and submit it to CARB contingency measures for the 2020 provisions that would become effective in time for CARB to submit the revised milestone year or attainment if the EPA determines: (1) That the area rule to the EPA by the earlier of the contingency measures for the 2006 following dates: (1) One year after the failed to attain the 2006 24-hour PM2.5 PM2.5 NAAQS. Thus, the EPA is now NAAQS or the 2012 annual PM2.5 date of the EPA’s conditional approval proposing to act on these outstanding NAAQS by the applicable attainment of the contingency measures for the components of the 2016 PM2.5 Plan for date; (2) that the area failed to meet any 2012 annual PM2.5 standard, or (2) 60 purposes of the 2006 PM2.5 NAAQS. RFP requirement; (3) that the area failed days after the date the EPA makes a The applicable quantitative milestone to meet any quantitative milestone; or determination that the South Coast area dates for the Serious area plan for the (4) that the State failed to submit a has failed to attain the 2006 24-hour 2006 PM2.5 NAAQS are December 31, required quantitative milestone report PM2.5 standards but no later than one 2017 and December 31, 2020.197 We 190 for the area. The District submitted year after the date of the EPA’s discuss below our evaluation of the this clarified commitment, accompanied conditional approval of the contingency 193 2016 PM2.5 Plan and related State and by a technical analysis of the emission measures for these standards. In its District commitments for compliance reductions to be achieved by the March 3, 2020 letter submitting the with the 2020 RFP and attainment District’s commitment to the EPA, contingency measure (‘‘Technical contingency measure requirements for CARB also committed to submit the Clarification’’), to satisfy the attainment the 2006 PM NAAQS. contingency measure requirement for revised rule to the EPA by the earlier of 2.5 194 the 2006 PM2.5 NAAQS and the RFP these two dates. 2012 PM2.5 Moderate Area Contingency Measure Requirements 3. The EPA’s Evaluation and Proposed 187 2016 PM2.5 Plan, 4–51 to 4–52. Action Because we are proposing to approve 188 The SCAQMD and CARB adopted the 2016 the State’s demonstration that the South PM2.5 Plan in March and April 2017, shortly after Section 172(c)(9) requires contingency the Ninth Circuit issued its decision in Bahr. measures to address potential failure to Coast area cannot practicably attain the 189 Letter dated February 13, 2019, from Michael achieve RFP milestones, failure to meet 2012 PM2.5 NAAQS by the applicable Benjamin, Air Quality Planning and Science Moderate area attainment date of Division, CARB, to Mike Stoker, Regional requirements concerning quantitative Administrator, EPA Region IX (transmitting letter milestones, and failure to attain the December 31, 2021, and to reclassify the dated January 29, 2019, from Wayne Nastri, NAAQS by the applicable attainment area to Serious on this basis, attainment Executive Officer, SCAQMD, to Richard Corey, date. For purposes of evaluating the contingency measures are not required Executive Officer, CARB). In its January 29, 2019 as part of the Moderate area plan for the letter, the District committed to modify an existing contingency measure element of the 2012 PM2.5 NAAQS. Upon rule or adopt a new rule to create a contingency 2016 PM2.5 Plan, we find it useful to measure that would be triggered if the area fails to reclassification of the South Coast area meet an RFP requirement, to submit a quantitative 191 as a Serious area, California will be milestone report, to meet a quantitative milestone, Id. 192 required to adopt attainment or to attain the 2006 24-hour or 2012 annual PM2.5 Technical Clarification, 2. NAAQS. 193 Letter dated February 12, 2020, from Wayne contingency measures as part of the 190 Letter dated February 12, 2020, from Wayne Nastri, Executive Officer, SCAQMD, to Richard Serious area attainment plan for the Corey, Executive Officer, CARB. Nastri, Executive Officer, SCAQMD, to Richard 2012 PM2.5 NAAQS. Corey, Executive Officer, CARB (attaching 194 Letter dated March 3, 2020, from Michael T. ‘‘Technical clarification regarding emission Benjamin, Chief, Air Quality Planning and Science 195 reductions associated with contingency measures Division, CARB, to Amy Zimpfer, Associate 84 FR 3305 (February 12, 2019). 196 for the 2006 24-hour PM2.5 standard attainment and Director, Air Division, EPA Region IX (transmitting Id. and 83 FR 49872, 49890 (October 3, 2018) 2012 annual PM2.5 standard Reasonable Further letter dated February 12, 2020, from Wayne Nastri, (referencing the EPA’s September 7, 2018 adequacy Progress,’’ February 2020) (‘‘Technical Executive Officer, SCAQMD, to Richard Corey, determination). Clarification’’). Executive Officer, CARB). 197 40 CFR 51.1013(a)(4).

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40049

With respect to the RFP contingency curtailment provisions in Rule 445) NAAQS.201 Each of these reduction measure requirement for the 2012 PM2.5 would satisfy the requirements in CAA levels alone do not achieve one year’s NAAQS, the applicable quantitative section 172(c)(9) because they would be worth of RFP. However, the District’s milestone dates are October 15, 2019 undertaken if the area fails to attain or submittal provides the larger SIP and October 15, 2022. As explained in fails to meet an RFP or quantitative planning context in which to judge the section V.G.3 of this proposed rule, on milestone requirement, and would take adequacy of the to-be-submitted District January 13, 2020, CARB submitted a effect without significant further action contingency measure by identifying quantitative milestone report by the State or the EPA. The revised rule surplus direct PM2.5, NOX, VOC, and demonstrating that the 2019 quantitative would also comply with the regulatory ammonia emission reductions estimated 202 milestones in the 2016 PM2.5 Plan have requirements in 40 CFR 51.1014 because to be achieved in 2020. The surplus been achieved, and the EPA has it would contain contingency provisions reflects already implemented determined that this milestone report is that take effect if the EPA makes any of regulations, including vehicle turnover, adequate. Because the State and District the four determinations listed in 40 CFR which refers to the ongoing replacement have demonstrated that the South Coast 51.1014(a), would consist of control by individuals, companies, and area has met its 2019 quantitative requirements not otherwise included in government agencies of older, more milestones, RFP contingency measures the control strategy, and would specify polluting vehicles and engines with for the 2019 milestone year are no the timeframe within which its newer vehicles and engines designed to longer needed. The sole purpose of RFP contingency provisions become effective meet more stringent CARB mobile contingency measures is to provide following any of the determinations source emissions standards. The surplus continued progress if an area fails to listed in 40 CFR 51.1014(a). also reflects additional emission meet its RFP or quantitative milestone We also considered the adequacy of reductions from regulations and requirements. Failure to meet RFP or the contingency measure (once adopted programs that were adopted after the quantitative milestone requirements for and submitted) from the standpoint of development of the 2016 PM2.5 Plan. 2019 would have required California to the magnitude of emission reductions These include CARB’s Heavy-Duty implement RFP contingency measures the measure would provide (if Vehicle Inspection Program, Periodic and, in certain cases, to revise the 2016 triggered). Neither the CAA nor the Smoke Inspection Program, and efforts EPA’s implementing regulations for the PM2.5 Plan to assure that the area would to reduce emissions from Ocean-Going achieve the next quantitative milestone PM2.5 NAAQS establish a specific Vessels At-Berth, and the District’s (i.e., for 2022).198 In this case, however, amount of emission reductions that Airports Memorandum of the 2019 QM Report demonstrates that implementation of contingency Understanding, Metrolink Locomotives, actual emission levels in 2019 were measures must achieve, but we Low Carbon Fuel Standard and consistent with the approved 2019 RFP generally expect that contingency Alternative Diesel Fuels Regulation, and milestone year targets for direct PM measures should provide for emission Airborne Toxic Control Measure 2.5 reductions approximately equivalent to and all precursor pollutants (NOX, SO2, (ATCM) for Portable Engines and the VOC, and ammonia) regulated in the one year’s worth of RFP. For the 2006 Statewide Portable Equipment PM2.5 NAAQS in the South Coast, one 203 2016 PM2.5 Plan. Accordingly, RFP Registration Program. contingency measures for 2019 no year’s worth of reductions is We have reviewed the surplus

longer have meaning or purpose, and approximately 0.36 of direct PM2.5 emissions estimates for 2020, as shown

the EPA proposes to find that the reductions, 26.68 tpd of NOX in the Technical Clarification, and find reductions, 0.26 tpd of SO reductions, requirement for them is now moot as X the calculations reasonable. We 13.50 tpd of VOC reductions, and 1.02 applied to the South Coast. We discuss therefore agree with the District’s tpd of ammonia reductions.199 For the below our evaluation of the 2016 PM conclusion that the 2016 PM2.5 Plan 2.5 2012 PM NAAQS, one year’s worth of Plan and related State and District 2.5 provides surplus emission reductions reductions needed for RFP is commitments for compliance with the beyond those necessary to demonstrate approximately 0.18 tpd of direct PM 2022 RFP contingency measure 2.5 attainment by the December 31, 2019 reductions, 25.71 tpd of NOX Serious area attainment date for the requirement for the 2012 PM2.5 NAAQS. reductions, 0.08 tpd of SOX reductions, 2006 PM2.5 NAAQS in the South Coast. The State’s Contingency Measure 10.33 tpd of VOC reductions, and 0.67 While such surplus emission reductions Commitment tpd of ammonia reductions.200 in the year after the 2019 attainment With respect to attainment The District and CARB have year do not represent contingency contingency measures for the 2006 committed to develop, adopt, and measures themselves, we consider them PM2.5 NAAQS, the Technical relevant in evaluating the adequacy of submit a revised District rule (Rule 445, Clarification contains the District’s ‘‘Wood-Burning Devices’’) to meet the the contingency measures that the State quantification of the expected emission has committed to in order to meet the attainment contingency measure reductions from the strengthened requirement for the 2006 PM2.5 NAAQS requirements of section 172(c)(9). In requirements to be adopted as light of the ongoing reductions in and the RFP contingency measure contingency measures in Rule 445. The requirement for the 2012 PM2.5 NAAQS. emissions of direct PM2.5, NOX, VOC, District estimates that lowering the and ammonia achieved by the State and The specific revisions the District has curtailment threshold in Rule 445 by 1 committed to make (i.e., increasing the District measures identified in the mg/m3 for each finding of failure (i.e., to stringency of the existing wood burning Technical Clarification, the emission 29, 28, 27, and 26 mg/m3) would achieve additional reductions in PM 201 198 Under section 189(c)(3) of the CAA, if a state 2.5 Technical Clarification, 2–3. fails to submit a required quantitative milestone emissions of 20.9, 20.9, 13.9, and 19.1 202 These emission reductions are surplus to those report or the EPA determines that the area has not tpy (0.06, 0.06, 0.04, and 0.05 tpd), relied upon in the control strategy for attaining the met an applicable milestone, the EPA must require respectively, in 2020, the year after the 2006 PM2.5 NAAQS in the 2016 PM2.5 Plan because the state, within nine months after such failure or attainment year for the 2006 PM they occur after the December 31, 2019 attainment determination, to submit a plan revision that 2.5 date and/or will be achieved through assures that the state will achieve the next implementation of measures adopted after the milestone (or attain the NAAQS, if there is no next 199 Technical Clarification, Table 1. Plan’s adoption. 200 203 milestone) by the applicable date. 2016 PM2.5 Plan, Appendix III, Attachment A. Technical Clarification, 2–4.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40050 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

reductions from the District contingency plan revision. The outermost deadline an area’s regional transportation plans measure (revised Rule 445) would be in CARB’s commitment (one year and transportation improvement sufficient to meet the attainment following conditional approval of the programs conform to the applicable SIP. contingency measure requirement for plan revision) is consistent with the This demonstration is typically done by the 2006 PM2.5 NAAQS, even though the submission deadline in CAA section showing that estimated emissions from measure would achieve emission 110(k)(4). If, however, the EPA existing and planned highway and reductions lower than the EPA normally determines that the South Coast area transit systems are less than or equal to recommends for reductions from such a failed to attain the 2006 PM2.5 NAAQS the motor vehicle emissions budgets measure. by the applicable attainment date (MVEBs or ‘‘budgets’’) contained in all With respect to RFP contingency (December 31, 2019), and the date 60 control strategy SIPs. An attainment, measures for the 2022 milestone year in days after this determination is earlier maintenance, or RFP SIP should include the Moderate area plan for the 2012 than the 1-year deadline under section budgets for the attainment year, each PM2.5 NAAQS, the District similarly 110(k)(4), then CARB would be required RFP milestone year, and the explains in the Technical Clarification obligated under its commitment to last year of the maintenance plan, as that continuing implementation of submit the revised rule to the EPA by appropriate. Budgets are generally existing regulations and turn-over of the earlier date. These deadlines ensure established for specific years and older vehicles and equipment to cleaner that, should the EPA determine that the specific pollutants or precursors and vehicles and equipment will result in South Coast area failed to timely attain must reflect all of the motor vehicle surplus emission reductions in the 2022 the 2006 PM2.5 NAAQS, contingency control measures contained in the RFP milestone year.204 In light of these provisions will take effect within 60 attainment and RFP demonstrations.205 ongoing reductions in emissions of days of the determination, consistent Under the PM2.5 SIP Requirements direct PM2.5, NOX, VOC, and ammonia, with longstanding EPA guidance. Rule, each attainment plan submittal for the District contingency measure For these reasons, we propose to a Moderate PM2.5 nonattainment area (revised Rule 445) would be sufficient to conditionally approve the contingency must contain quantitative milestones to meet the 2022 RFP contingency measure measure element of the 2016 PM2.5 Plan be achieved no later than 4.5 years and requirement for the 2012 PM2.5 NAAQS, for the 2006 PM2.5 NAAQS and the 2012 7.5 years after the date the area was 206 even though the measure would not by PM2.5 NAAQS, as supplemented by designated nonattainment. The itself achieve emission reductions commitments from the District and second of these milestone dates, October equivalent to one year’s worth of RFP. CARB to adopt and submit an additional 15, 2022,207 falls after the attainment For the same reasons, the District contingency measure to meet the date for the South Coast area, which is contingency measure (revised Rule 445) attainment and RFP contingency December 31, 2021. As the EPA would be sufficient to meet the 2020 measure requirements of CAA section explained in the preamble to the PM2.5 RFP contingency measure requirement 172(c)(9) for these NAAQS. Our SIP Requirements Rule, it is important for the 2006 PM2.5 NAAQS. We note that proposed approval is conditional to include a post-attainment year under the proposed revisions to Rule because it relies upon commitments to quantitative milestone to ensure that, if 445, if the EPA determines that the adopt and submit a specific enforceable the area fails to attain by the attainment South Coast area has failed to attain the contingency measure (i.e., a revised date, the EPA can continue to monitor 2006 PM2.5 NAAQS by the December 31, District rule with contingent the area’s progress toward attainment 2019 attainment date and thereby provisions). while the state develops a new triggers the contingency measure attainment plan.208 Moderate area plans provision to lower the mandatory I. Motor Vehicle Emissions Budgets demonstrating that attainment by the 3 burning curtailment to 29 mg/m , the 1. Requirements for Motor Vehicle Moderate area attainment date is State would not be required to submit Emissions Budgets impracticable must, therefore, include a new contingency measure because the budgets for both of the milestone dates. additional provisions to lower the Section 176(c) of the CAA requires States that submit impracticability curtailment threshold to 28, 27, and 26 federal actions in nonattainment and demonstrations for Moderate areas mg/m3 could be triggered upon maintenance areas to conform to the under CAA section 189(a)(1)(B)(ii), subsequent failures and therefore would SIP’s goals of eliminating or reducing however, are not required to submit satisfy RFP contingency measure the severity and number of violations of budgets for the attainment year because requirements for both the 2006 PM2.5 the NAAQS and achieving timely the submitted SIP does not demonstrate 209 NAAQS and the 2012 PM2.5 NAAQS. attainment of the standards. Conformity attainment. Finally, CARB has committed to to the SIP’s goals means that such PM2.5 plans should identify budgets submit the revised rule to the EPA actions will not: (1) Cause or contribute for direct PM2.5, NOX, and all other within one year after a final action to violations of a NAAQS, (2) worsen PM2.5 precursors for which on-road conditionally approving the the severity of an existing violation, or emissions are determined to contingency measure element of the (3) delay timely attainment of any significantly contribute to PM2.5 levels 2016 PM2.5 Plan, or within 60 days of a NAAQS or any interim milestone. in the area for each RFP milestone year determination by the EPA that the South Actions involving Federal Highway and the attainment year, if the plan Coast area failed to attain the 2006 PM2.5 Administration (FHWA) or Federal demonstrates attainment. All direct NAAQS by the applicable attainment Transit Administration (FTA) funding PM2.5 SIP budgets should include direct date, whichever occurs sooner. Section or approval are subject to the EPA’s PM2.5 motor vehicle emissions from 110(k)(4) of the Act authorizes the EPA transportation conformity rule, codified to conditionally approve a plan revision at 40 CFR part 93, subpart A. Under this 205 40 CFR 93.118(e)(4)(v). based on a commitment by the state to rule, metropolitan planning 206 40 CFR 51.1013(a)(1). adopt specific enforceable measures by organizations (MPOs) in nonattainment 207 Because the South Coast area was designated nonattainment effective April 15, 2015, the first a date certain, but not later than one and maintenance areas coordinate with milestone date is October 15, 2019, and the second year after the date of approval of the state and local air quality and milestone date is October 15, 2022. 80 FR 2206. transportation agencies, the EPA, the 208 81 FR 58010, 58058 and 58063–58064. 204 Id. at 4–6. FHWA, and the FTA to demonstrate that 209 Id. at 58055.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40051

tailpipes, brake wear, and tire wear. emissions of NOX within the implementation plan budget With respect to PM2.5 from re-entrained nonattainment area are not a significant simultaneously with its review and road dust and emissions of VOC, SO2, contributor to the PM2.5 nonattainment action on the SIP itself (40 CFR and/or ammonia, the transportation problem and have so notified the MPO 93.118(f)(2)). conformity provisions of 40 CFR part and DOT, or the applicable For budgets to be approvable, they 93, subpart A, apply only if the EPA implementation plan (or must meet, at a minimum, the EPA’s Regional Administrator or the director implementation plan submission) does adequacy criteria (40 CFR 93.118(e)(4)). of the state air agency has made a not establish an approved (or adequate) To meet these requirements, the budgets finding that emissions of these budget for such emissions as part of the must be consistent with the attainment pollutants within the area are a RFP, attainment, or maintenance and RFP requirements and reflect all of 212 significant contributor to the PM2.5 strategy. the motor vehicle control measures nonattainment problem and has so The criteria for insignificance contained in the attainment and RFP notified the MPO and Department of determinations are provided in 40 CFR demonstrations.214 Transportation (DOT), or if the 93.109(f). In order for a pollutant or applicable implementation plan (or precursor to be considered an 2. Motor Vehicle Emissions Budgets in implementation plan submission) insignificant contributor, the control the 2016 PM2.5 Plan strategy SIP must demonstrate that it includes any of these pollutants in the The 2016 PM Plan includes budgets would be unreasonable to expect that 2.5 approved (or adequate) budget as part of for direct PM , NOx, and VOC for 2019 such an area would experience enough 2.5 the RFP, attainment, or maintenance and 2022 (RFP milestone year and post- motor vehicle emissions growth in that strategy.210 Additionally, as the EPA attainment quantitative milestone year, pollutant/precursor for a NAAQS explained in its May 6, 2005 respectively).215 The budgets were violation to occur. Insignificance transportation conformity rule calculated using EMFAC2014, the latest determinations are based on factors amendments for the PM2.5 NAAQS, it is approved version of the EMFAC model such as air quality, SIP motor vehicle not necessary for a SIP to explicitly state for estimating emissions from on-road control measures, trends and projections that VOC, SO2, and/or ammonia are vehicles operating in California that was insignificant precursors. Instead, states of motor vehicle emissions, and the percentage of the total SIP inventory available at the time the plan was should consider the on-road prepared, and SCAG’s latest modeled contribution of all four precursors to the that is comprised of motor vehicle emissions. The EPA’s rationale for VMT and speed distributions from the PM2.5 problem as they develop their ‘‘2016 Regional Transportation Plan/ SIPs and establish emissions budgets for providing for insignificance determinations is described in the July Sustainable Communities Strategy those precursors for which on-road 216 1, 2004 revision to the Transportation (RTP/SCS)’’ adopted in April 2016. emissions need to be addressed in order Conformity Rule.213 The budgets reflect annual average to attain the PM 2.5 standard as The EPA’s process for determining the emissions because those emissions are expeditiously as practicable. Conformity adequacy of a budget consists of three linked with the District’s RFP determinations must address all basic steps: (1) Notifying the public of demonstration for the 2012 PM2.5 precursors for which the SIP establishes a SIP submittal; (2) providing the public NAAQS. a budget and need not address those the opportunity to comment on the The direct PM2.5 budgets include precursors for which the state has not budget during a public comment period; tailpipe, brake wear, and tire wear established a budget because the and, (3) making a finding of adequacy or emissions as well as paved road dust, emissions of that precursor are inadequacy. The EPA can notify the unpaved road dust, and road 211 insignificant. public by either posting an construction dust emissions.217 The By contrast, transportation conformity announcement that the EPA has Plan includes budgets for NOx and VOC requirements apply with respect to received SIP budgets on the EPA’s because they are regulated precursors emissions of NOX unless both the EPA adequacy website (40 CFR 93.118(f)(1)), under the Plan, but the Plan does not Regional Administrator and the director or through a Federal Register notice of include budgets for SO2 or ammonia. of the state air agency have made a proposed rulemaking when the EPA The budgets included in the 2016 PM2.5 finding that transportation-related reviews the adequacy of an Plan are shown in Table 8.

TABLE 8—MVEBS FOR THE SOUTH COAST FOR THE 2012 PM2.5 STANDARD [Annual average tpd]

2019 2022 (RFP year) (post attainment year)

PM2.5 NOX VOC PM2.5 NOX VOC

Baseline emissions: Exhaust, brake and tire wear ...... 10.82 168.13 82.52 10.25 126.26 68.22 Paved road dust ...... 8.15 ...... 8.38 ...... Unpaved road dust ...... 0.59 ...... 0.59 ...... Road construction ...... 0.25 ...... 0.27 ......

Total ...... 19.81 168.13 82.52 19.48 126.26 68.22

210 40 CFR 93.102(b)(3), 93.102(b)(2)(v), and 212 40 CFR 93.102(b)(2)(iv). at: http://www.epa.gov/otaq/stateresources/ 93.122(f); see also Conformity Rule preambles at 69 213 69 FR 40004 (July 1, 2004). transconf/index.htm. 215 FR 40004, 40031–40036 (July 1, 2004), 70 FR 24280, 214 40 CFR 93.118(e)(4)(iii), (iv) and (v). For more 2016 PM2.5 Plan, Appendix VI–D and Table 24283–24285 (May 6, 2005) and 70 FR 31354 (June information on the transportation conformity VI–D–3. 1, 2005). requirements and applicable policies on MVEBs, 216 See footnote 30, supra. 211 217 70 FR 24280, 24287 (May 6, 2005). please visit our transportation conformity website 2016 PM2.5 Plan, Table VI–D–3.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40052 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

TABLE 8—MVEBS FOR THE SOUTH COAST FOR THE 2012 PM2.5 STANDARD—Continued [Annual average tpd]

2019 2022 (RFP year) (post attainment year)

PM2.5 NOX VOC PM2.5 NOX VOC

Conformity budget ...... 20 169 83 20 127 69

Source: 2016 PM2.5 Plan, Table VI–D–3. Budgets are rounded up to the nearest whole number.

In the submittal letter for the 2016 and ammonia are projected to account in Table 8 of this proposed rule, are PM2.5 Plan, CARB requested that we for approximately 10 and 18 percent of consistent with applicable requirements limit the duration of our approval of the total SO2 and ammonia emissions, for RFP, are clearly identified and budgets to the period before the respectively, in 2020.222 The projected precisely quantified, and meet all other effective date of the EPA’s adequacy contribution of total SO2 emissions to applicable statutory and regulatory finding for any subsequently submitted PM2.5 concentrations in the South Coast requirements including the adequacy budgets.218 is in the range of 10 to 13 percent, and criteria in 93.118(e)(4) and (5). For these the projected contribution of total 3. The EPA’s Evaluation and Proposed reasons, the EPA proposes to approve ammonia emissions to PM Action 2.5 the budgets listed in Table 8. We concentrations in the area is in the range provide a more detailed discussion in We have evaluated the budgets in the of 6 to 8 percent, in 2021.223 CARB section IV of the TSD, which can be 2016 PM2.5 Plan against our adequacy implements stringent standards for found in the docket for today’s action. criteria in 40 CFR 93.118(e)(4) as part of sulfur content in reformulated gasoline We have previously approved MVEBs our review of the budgets’ approvability and diesel fuel,224 both of which for the 1997 and 2006 annual and 24- (see Table 10 in section IV of the EPA’s 225 effectively limit the SO2 contribution hour PM2.5 NAAQS. The budgets that TSD for this proposal) and will from motor vehicles in the South Coast. the EPA is proposing to approve apply complete the adequacy review Given that transportation-related only for purposes of the 2012 PM2.5 concurrent with our final action on the emissions of SO2 or ammonia are not NAAQS and would not affect the status 2016 PM2.5 Plan. The EPA is not significant contributors to the of the previously-approved budgets for required under its transportation nonattainment problem in this area, it is the 1997 or 2006 PM2.5 NAAQS and conformity rule to find budgets not necessary for the 2016 PM2.5 Plan to related trading mechanisms, which adequate prior to proposing approval of include SO2 or ammonia budgets. remain in effect for those PM2.5 NAAQS. 219 them. For the reasons discussed in section In general, only budgets in approved Based on the information about SO 2 V.F of this proposed rule, we are SIPs can be used for transportation and ammonia emissions in the 2016 proposing to approve the State’s conformity purposes. However, section PM Plan, we propose to find that it is 2.5 demonstration that it is impracticable to 93.118(e) of the transportation not necessary to establish MVEBs for attain the 2012 PM2.5 standard in the conformity rule allows budgets in a SIP transportation-related emissions of SO 2 South Coast by the applicable Moderate submission to apply for conformity and ammonia to attain the 2012 PM 2.5 area attainment date of December 31, purposes before the SIP submission is standard in the South Coast. As 2021 and are proposing to reclassify the approved under certain circumstances. discussed in the May 6, 2005 final area as Serious. Because the 2016 PM2.5 First, there must not be any other transportation conformity rule that Plan does not demonstrate attainment, approved SIP budgets that have been addresses the requirements for PM2.5 we do not address in this proposal any 220 established for the same year, pollutant, precursors, on-road emissions of SO2 budgets for the Moderate area and ammonia typically are a small and CAA requirement. Second, the EPA attainment year of 2021. must find that the submitted SIP portion of the total emissions for these For the reasons discussed in section budgets are adequate for transportation precursors. In the May 6, 2005 final V.G of this proposed rule, we are conformity purposes. To be found rule, the EPA stated that with adopted proposing to approve the RFP adequate, the submission must meet the fuel regulations, projections of on-road demonstration in the 2016 PM Plan. 2.5 conformity adequacy requirements of 40 emissions of SO2 would be less than one The 2019 and 2022 budgets, as shown CFR 93.118(e)(4) and (5). percent of total SO2 emissions in 2020. The transportation conformity rule This was based on an analysis of 222 2016 PM Plan, Appendix III, Attachment A 2.5 allows for replacement of previously projected on-road SO2 emissions in 372 (identifying 2020 total SOX emissions estimate of counties that potentially could have 16.67 tpd in the South Coast, of which 1.75 tpd approved budgets by submitted MVEBs (approximately 10 percent) is attributed to on-road been designated as nonattainment for that the EPA has found adequate, if the motor vehicles, and 2020 total ammonia emissions EPA has limited the duration of its prior the 1997 annual PM2.5 NAAQS based on estimate of 73.25 tpd, of which 13.21 tpd 1999–2001 air quality data.221 In the (approximately 18 percent) is attributed to on-road approval to the period before it finds motor vehicles). replacement budgets adequate.226 South Coast, on-road emissions of SO2 223 Id., Table V–6–6 (identifying projected 2021 However, the EPA will consider a state’s PM2.5 annual design values by component species, 218 request to limit the duration of an Letter dated April 27, 2017, from Richard W. including SO4 and NH4). Corey, Executive Officer, CARB, to Alexis Strauss, 224 California Code of Regulations, title 13, MVEB approval only if the request Acting Regional Administrator, EPA Region IX, 3. sections 2262 and 2282, 74 FR 33196, 33199 (July includes the following elements: 219 Under the Transportation Conformity 10, 2009) (noting that CARB’s sulfur content • An acknowledgement and regulations, the EPA may review the adequacy of standard for diesel fuel is more stringent than the explanation as to why the budgets under submitted MVEBs simultaneously with the EPA’s requirements of the federal ultra-low sulfur diesel approval or disapproval of the submitted program at 40 CFR 80.29), and 75 FR 26653 (May implementation plan. 40 CFR 93.118(f)(2). 12, 2010) (final rule approving revisions to the 225 76 FR 69928, 69951 (November 9, 2011) and 220 70 FR 24280, 24283–24285. California reformulated gasoline and diesel fuel 84 FR 3305, 3307 (February 12, 2019). 221 Id. at 24283. regulations). 226 40 CFR 93.118(e)(1).

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40053

consideration have become outdated or not need a specific commitment for 2012 PM2.5 standard, and the recent deficient; such a plan at this time. For the reasons trends in the South Coast’s annual PM2.5 • A commitment to update the provided above, and in light of CARB’s levels are not consistent with a budgets as part of a comprehensive SIP explanation for why the budgets will projection of attainment by the end of update; and become outdated and should be 2021.232 • A request that the EPA limit the replaced upon an adequacy finding for In accordance with section 188(b)(1) duration of its approval to the period updated budgets, we propose to limit of the Act, the EPA is proposing to before the EPA finds new budgets to be the duration of our approval of the reclassify the South Coast area from adequate for transportation conformity budgets in the 2016 PM2.5 Plan until 227 Moderate to Serious nonattainment for purposes. new budgets have been found adequate. the 2012 PM standard of 12 mg/m3, In the submittal letter for the 2016 2.5 based on the EPA’s determination that PM Plan, CARB requested that we VI. Reclassification as Serious 2.5 the South Coast area cannot practicably limit the duration of our approval of the Nonattainment and Serious Area SIP attain the standard by the applicable budgets to the period before the Requirements attainment date of December 31, 2021. effective date of the EPA’s adequacy A. Reclassification as Serious and Under section 188(c)(2) of the Act, the finding for any subsequently submitted Applicable Attainment Date budgets.228 In a letter dated March 3, attainment date for a Serious area ‘‘shall 2020, CARB clarified their request to Section 188 of the Act outlines the be as expeditiously as practicable but no limit the budgets and included an process for classification of PM2.5 later than the end of the tenth calendar explanation as to why the budgets under nonattainment areas and establishes the year beginning after the area’s consideration will become outdated. In applicable attainment dates. Under the designation as nonattainment . . .’’ The short, CARB has requested that we limit plain meaning of the terms of section EPA designated the South Coast area as the duration of the approval of the 188(b)(1) of the Act, the EPA has general nonattainment for the 2012 PM2.5 budgets because the EPA’s approval of authority to reclassify at any time before standard effective April 15, 2015.233 EMFAC2017 229 on August 15, 2019 has the applicable attainment date any area Therefore, upon final reclassification of rendered the budgets outdated. CARB that the EPA determines cannot the South Coast area as a Serious explains that the budgets from the 2016 practicably attain the standard by such nonattainment area, the latest PM2.5 Plan, for which we are proposing date. Accordingly, section 188(b)(1) of permissible attainment date under approval in today’s action, will need to the Act is a general expression of section 188(c)(2) of the Act, for purposes be revised using EMFAC2017 within the delegated rulemaking authority. In of the 2012 PM2.5 standard in this area, transportation conformity grace period addition, subparagraphs (A) and (B) of will be December 31, 2025. established in our approval of section 188(b)(1) mandate that the EPA Under section 188(e) of the Act, a EMFAC2017 to provide for a new reclassify ‘‘appropriate’’ PM10 state may apply to the EPA for a single conformity determination for the South nonattainment areas at specified time extension of the Serious area attainment Coast regional transportation plan and frames (i.e., by December 31, 1991 for date by up to 5 years, which the EPA program. In addition, CARB states that, the initial PM10 nonattainment areas, may grant if the state satisfies certain without the ability to replace the and within 18 months after the SIP conditions. Before the EPA may extend budgets using the budget adequacy submittal due date for subsequent the attainment date for a Serious area process, the benefits of using the nonattainment areas). These under section 188(e), the state must: (1) updated data may not be realized for a subparagraphs do not restrict the EPA’s Apply for an extension of the attainment year or more after the updated SIP (with general authority but simply specify date beyond the statutory attainment the EMFAC2017-derived budgets) is that, at a minimum, it must be exercised date; (2) demonstrate that attainment by submitted, due to the length of the SIP at certain times.231 the statutory attainment date is approval process. We find that CARB’s We have reviewed the air quality impracticable; (3) demonstrate that it explanation for limiting the duration of modeling and impracticability has complied with all requirements and the approval of the budgets is demonstration in the 2016 PM2.5 Plan commitments pertaining to the area in appropriate and provides us with a and, based on our review, agree with the the implementation plan; (4) reasonable basis on which to limit the District’s conclusion that demonstrate to the satisfaction of the duration of the approval of the budgets. implementation of the State/District’s Administrator that the plan for the area We note that CARB has not SIP control strategy, including RACM/ includes the most stringent measures committed to update the budgets as part RACT and additional reasonable that are included in the implementation of a comprehensive SIP update, but as measures, is insufficient to bring the plan of any state or are achieved in a practical matter, CARB must submit a South Coast into attainment by the practice in any state, and can feasibly be SIP revision that includes updated December 31, 2021 Moderate area implemented in the area; and (5) submit demonstrations as well as the updated attainment deadline. See sections V.C a demonstration of attainment by the budgets to meet the adequacy criteria in and V.F of this notice. In addition, we most expeditious alternative date 230 40 CFR 93.118(e)(4); and thus, we do have reviewed recent PM2.5 monitoring practicable.234 data for the South Coast available in the 227 See, e.g., 67 FR 69139 (November 15, 2002), EPA’s Air Quality System (AQS) 232 EPA, Design Value Spreadsheets, ‘‘20200306_ limiting our prior approval of MVEBs in certain database. These data show that 24-hour SouthCoastPM25Annual.xlsx’’ and ‘‘pm25_ California SIPs. designvalues_20162018_final_12_03_19.xlsx.’’ PM2.5 levels in the South Coast continue 228 See letter dated April 27, 2017, from Richard 233 80 FR 2206. m 3 W. Corey, Executive Officer, CARB, to Alexis to be above 12 g/m , the level of the 234 For a discussion of the EPA’s interpretation of Strauss, Acting Regional Administrator, EPA Region the requirements of section 188(e), see Addendum, IX, 3. considered together with all other emission sources, 42002; 65 FR 19964 (April 13, 2000) (proposed 229 EMFAC2017 updates vehicle mix and are consistent with applicable requirements for RFP action on PM10 Plan for Maricopa County, Arizona); emissions data of the previously approved version and attainment. 40 CFR 93.118(e)(4)(iv). 67 FR 48718 (July 25, 2002) (final action on PM10 of the model, EMFAC2014. 231 For a general discussion of the EPA’s Plan for Maricopa County, Arizona); and Vigil v. 230 Under 40 CFR 93.118(e)(4), the EPA will not interpretation of the reclassification provisions in EPA, 366 F.3d 1025, amended at 381 F.3d 826 (9th find a budget in a submitted SIP to be adequate section 188(b)(1) of the Act, see the General Cir. 2004) (remanding EPA action on PM10 Plan for unless, among other criteria, the budgets, when Preamble, 13537–13538. Continued

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40054 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

B. Clean Air Act Requirements for 6. a comprehensive, accurate, current BACM provisions ‘‘no later than 18 Serious PM2.5 Nonattainment Area inventory of actual emissions from all months after reclassification of the area Plans sources of PM2.5 and PM2.5 precursors in as a Serious Area’’ and to submit the the area (CAA section 172(c)(3)); required attainment demonstration ‘‘no Upon reclassification as a Serious 7. contingency measures to be later than 4 years after reclassification of nonattainment area for the 2012 PM 2.5 implemented if the area fails to meet the area to Serious.’’ Section 189(b)(2) NAAQS, California will be required to RFP or to attain by the applicable establishes outer bounds on the SIP submit additional SIP revisions to attainment date (CAA section 172(c)(9)); submission deadlines as necessary or satisfy the statutory requirements that and appropriate to assure consistency among apply to Serious PM nonattainment 2.5 8. a revision to the NNSR program to the required submissions and to areas, including the requirements of lower the applicable ‘‘major stationary implement the statutory requirements. subpart 4 of part D, title I of the Act. source’’ 236 thresholds from 100 tpy to The Act provides the state with up to The Serious area SIP elements that 70 tpy (CAA section 189(b)(3)) and to 18 months after final reclassification of California will be required to submit are satisfy the subpart 4 control an area to Serious to submit the required as follows: requirements for major stationary BACM provisions. Because an up-to- 1. Provisions to assure that the best sources of PM2.5 precursors (CAA date emissions inventory serves as the available control measures (BACM),235 section 189(e)). foundation for a state’s BACM/BACT including best available control As discussed in section V.E of this determination, the PM2.5 SIP technology (BACT) for stationary proposed rule, California submitted Requirements Rule requires the state to sources, for the control of direct PM2.5 NNSR SIP revisions for the South Coast submit the emissions inventory required and PM2.5 precursors shall be to address the subpart 4 NNSR under CAA section 172(c)(3) within 18 implemented no later than 4 years after requirements for Serious PM2.5 months after the effective date of final the area is reclassified (CAA section nonattainment areas on May 8, 2017, reclassification.240 Similarly, because an 189(b)(1)(B)); and the EPA conditionally approved effective evaluation of BACM/BACT 2. a demonstration (including air these NNSR SIP revisions on November measures requires evaluation of the quality modeling) that the plan provides 30, 2018.237 The State fulfilled the precursor pollutants that must be for attainment as expeditiously as commitment that provided the basis for controlled to provide for expeditious practicable but no later than December the EPA’s conditional approval of these attainment in the area, if the state 31, 2025, or where the state is seeking NNSR SIP revisions by submitting a chooses to submit an optional precursor an extension of the attainment date revised version of Rule 1325 (‘‘Federal insignificance demonstration to support under section 188(e), a demonstration PM2.5 New Source Review Program’’) on a determination to exclude a PM2.5 that attainment by December 31, 2025 is April 24, 2019. precursor from the required control impracticable and that the plan provides Finally, reclassification of the South measure evaluations for the area, the for attainment by the most expeditious Coast area as Serious nonattainment for EPA requires that the state submit any alternative date practicable and no later the 2012 PM2.5 standard would lower such demonstration by this same date. than December 31, 2030 (CAA sections the de minimis threshold under the An 18-month timeframe for submission 189(b)(1)(A), 188(c)(2), and 188(e)); CAA’s General Conformity requirements of these plan elements is consistent with 3. plan provisions that require (40 CFR part 93, subpart B) from 100 tpy both the timeframe for submission of reasonable further progress (RFP) (CAA to 70 tpy for PM2.5 and PM2.5 BACM/BACT provisions under CAA 172(c)(2)); precursors.238 In this case, however, section 189(b)(2) and the timeframe for 4. quantitative milestones that are to reclassification would have no impact submission of subpart 1 plan elements be achieved every three years until the on the applicable General Conformity de under section 172(b) of the Act.241 area is redesignated attainment and that minimis thresholds, because the South The PM2.5 SIP Requirements Rule also demonstrate RFP toward attainment by Coast area is already subject to the 70 establishes a specific deadline for the applicable date (CAA section tpy de minimis threshold for PM2.5 and submission of the attainment 189(c)); all PM2.5 precursors as a result of the demonstration and attainment-related 5. provisions to assure that control EPA’s previous action reclassifying the plan elements following discretionary requirements applicable to major area as Serious nonattainment for the reclassification, which is the earlier of 239 stationary sources of PM2.5 also apply to 2006 PM2.5 NAAQS. (1) four years from the date of

major stationary sources of PM2.5 C. Statutory Deadline for Submittal of reclassification, or (2) the end of the precursors, except where the state the Serious Area Plan eighth calendar year after demonstrates to the EPA’s satisfaction designation.242 In this case, the earlier that such sources do not contribute For an area reclassified as a Serious of these two dates will be the end of the significantly to PM2.5 levels that exceed nonattainment area before the eighth calendar year after designation— the standard in the area (CAA section applicable attainment date under CAA i.e., December 31, 2023. The attainment- 189(e)); section 188(b)(1), section 189(b)(2) related plan elements required within requires the state to submit the required the same timeframe as the attainment Maricopa County, Arizona but generally upholding demonstration are: (1) The RFP the EPA’s interpretation of CAA section 188(e)). 236 For any Serious area, the terms ‘‘major source’’ demonstration required under section and ‘‘major stationary source’’ include any 235 The EPA defines BACM as, among other 172(c)(2); (2) the quantitative milestones things, the maximum degree of emission reduction stationary source that emits or has the potential to achievable for a source or source category, which emit at least 70 tpy of PM10 (CAA sections is determined on a case-by-case basis considering 189(b)(3)). 240 81 FR 58010, 58077. energy, environmental, and economic impacts. 237 83 FR 61551 (establishing December 30, 2019 241 Section 172(b) requires the EPA to establish, (Addendum, 42010 and 42014). BACM must be deadline for the State to correct identified rule concurrent with nonattainment area designations, a implemented for all categories of sources in a deficiencies). Previously, the EPA fully approved schedule extending no later than 3 years from the Serious PM2.5 nonattainment area unless the State NNSR SIP revisions from California to address the date of the nonattainment designation for states to adequately demonstrates that a particular source NNSR requirements for Moderate PM2.5 submit plans or plan revisions meeting the category does not contribute significantly to nonattainment areas. 80 FR 24821 (May 1, 2015). applicable requirements of sections 110(a)(2) and 238 nonattainment of the PM2.5 standard. (Id. at 42011, 40 CFR 93.153(b), 81 FR 58010, 58126. 172(c) of the CAA. 42012). 239 81 FR 1514. 242 81 FR 58010, 58077.

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40055

required under section 189(c); (3) any Accordingly, if we finalize our areas of Indian country where the EPA additional control measures necessary proposal to reclassify the South Coast as or a tribe has demonstrated that the tribe to meet the requirements of section a Serious nonattainment area for the has jurisdiction located within the 172(c)(6); and (4) the contingency 2012 PM2.5 NAAQS, California will be South Coast nonattainment area. The measures required under section required to submit the emissions EPA is therefore proposing to exercise 172(c)(9). Although section 189(b)(2) inventory required under CAA section our authority under CAA section generally provides for up to four years 172(c)(3), the BACM/BACT provisions 188(b)(1) to reclassify areas of Indian after a discretionary reclassification for required under CAA section country geographically located in the the state to submit the required 189(b)(1)(B), and any NNSR SIP South Coast nonattainment area. Section attainment demonstration, given the revisions required to satisfy the 188(b)(1) broadly authorizes the EPA to timing of this reclassification action less requirements of CAA sections 189(b)(3) reclassify a nonattainment area— than two years before the Moderate area and 189(e) for the 2012 PM2.5 NAAQS including any Indian country located attainment date, it is appropriate in this no later than 18 months after the within such an area—that the EPA case for the EPA to establish an earlier effective date of a final reclassification determines cannot practicably attain the SIP submission deadline to assure action. Additionally, California will be relevant standard by the applicable timely implementation of the statutory required to submit the Serious area attainment date. requirements. attainment demonstration and all Directly-emitted PM2.5 and its attainment-related plan elements no precursor pollutants (NOX, SO2, VOC, Finally, the PM2.5 SIP Requirements and ammonia) are emitted throughout a Rule establishes a regulatory later than the end of the eighth calendar year after designation—i.e., by nonattainment area and can be requirement that the state submit transported throughout that revised NNSR program requirements no December 31, 2023. We note that the 2016 PM2.5 Plan submitted on April 27, nonattainment area. Therefore, later than 18 months after final boundaries for nonattainment areas are 243 2017, includes a Serious area attainment reclassification. The Act does not drawn to encompass both areas with specify a deadline for the state’s demonstration, an emissions inventory, attainment-related plan elements, and direct sources of the pollutant problem submission of SIP revisions to meet as well as nearby areas in the same NNSR program requirements to lower BACM/BACT provisions, which the EPA intends to evaluate and act on airshed. Initial classifications of the ‘‘major stationary source’’ threshold nonattainment areas are coterminous from 100 tpy to 70 tpy (CAA section through subsequent rulemakings, as appropriate. with, that is, they match exactly, their 189(b)(3)) and to address the control boundaries. The EPA believes this requirements for major stationary VII. Reclassification of Areas of Indian approach best ensures public health sources of PM2.5 precursors (CAA Country protection from the adverse effects of section 189(e)) 244 following When the South Coast area was PM2.5 pollution. Therefore, it is reclassification of a Moderate PM2.5 designated nonattainment for the 2012 generally counterproductive from an air nonattainment area as Serious PM2.5 NAAQS, five Indian tribes were quality and planning perspective to nonattainment under subpart 4. located within the boundaries of the have a disparate classification for a land Pursuant to the EPA’s gap-filling nonattainment area. These tribes area located within the boundaries of a authority in CAA section 301(a) and to include the Cahuilla Band of Mission nonattainment area, such as the effectuate the statutory control Indians of the Cahuilla Reservation, the reservation areas of Indian country requirements in section 189 of the Act, Morongo Band of Mission Indians, the contained within the South Coast PM2.5 the PM2.5 SIP Requirements Rule Ramona Band of Cahuilla, the San nonattainment area. Violations of the requires the state to submit these NNSR Manuel Band of Mission Indians, and 2012 PM2.5 standard, which are SIP revisions, as well as any necessary the Soboba Band of Luiseno Indians. At measured and modeled throughout the analysis of and additional control that time, the main body of land nonattainment area, as well as shared requirements for major stationary belonging to the Pechanga Band of meteorological conditions, would sources of PM2.5 precursors, no later Luiseno Mission Indians of the dictate the same conclusion. than 18 months after the effective date Pechanga Reservation was expressly Furthermore, emissions increases in of final reclassification of the South excluded from the South Coast 2012 portions of a PM2.5 nonattainment area Coast area as Serious nonattainment for that are left classified as Moderate could PM2.5 nonattainment area. However, the 2012 PM2.5 standard. This due date since designations, the tribe acquired counteract the effects of efforts to attain will ensure that necessary control the Meadowbrook parcel, which is the standard within the overall area requirements for major sources are located approximately 30 miles because less stringent requirements established in advance of the required northwest of the northern boundary of would apply in those Moderate portions attainment demonstration. An 18-month the Reservation and is located within relative to those that would apply in the timeframe for submission of the NNSR portions of the area reclassified to the 2012 PM2.5 nonattainment area. SIP revisions also aligns with the We have considered the relevance of Serious. statutory deadline for submission of our proposal to reclassify the South Uniformity of classification BACM and BACT provisions and the Coast area as Serious nonattainment for throughout a nonattainment area is thus broader analysis of PM2.5 precursors for a guiding principle and premise when the 2012 PM2.5 standard for each tribe potential controls on existing sources in located within the South Coast area. We an area is being reclassified. In this the area. believe that the same facts and United States Government, notwithstanding the circumstances that support the proposal issuance of any patent, and including rights-of-way 243 Id. at 58078. for the non-Indian country lands also running through the reservation, (b) all dependent 244 Section 189(e) requires that the control support the proposal for reservation Indian communities within the borders of the requirements applicable to major stationary sources areas of Indian country 245 and any other United States whether within the original or of PM2.5 also apply to major stationary sources of subsequently acquired territory thereof, and PM2.5 precursors, except where the state whether within or without the limits of a state, and demonstrates to the EPA’s satisfaction that such 245 ‘‘Indian country’’ as defined at 18 U.S.C. 1151 (c) all Indian allotments, the Indian titles to which sources do not contribute significantly to PM2.5 refers to: ‘‘(a) all land within the limits of any have not been extinguished, including rights-of-way levels that exceed the standard in the area. Indian reservation under the jurisdiction of the running through the same.’’

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 40056 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules

particular case, we are proposing to rule from tribal officials. We note that determination that the South Coast area determine, based on the State’s although eligible tribes may seek EPA cannot practicably attain the standard demonstration and current ambient air approval of relevant tribal programs by the Moderate area attainment date of quality trends, that the entire South under the CAA, none of the affected December 31, 2021. Upon final Coast nonattainment area, including all tribes will be required to submit an reclassification as a Serious area, reservations areas of Indian country and implementation plan as a result of this California will be required to submit, any other area located within the South reclassification. within 18 months after the effective date Coast where a tribe has jurisdiction, of the reclassification, provisions to VIII. Summary of Proposed Actions and cannot practicably attain the 2012 PM2.5 assure that BACM shall be implemented standard by the applicable Moderate Request for Public Comment no later than 4 years after the date of area attainment date of December 31, Under CAA section 110(k)(3), the EPA reclassification. California will also be 2021. is proposing to approve the following required to submit, by December 31, In light of the considerations outlined elements of the 2016 PM2.5 Plan 2023, a Serious area plan that satisfies above that support retention of a submitted by California to address the the requirements of part D of title I of uniformly-classified PM2.5 CAA’s Moderate area planning the Act. This plan must include a nonattainment area, and our proposal to requirements for the 2012 PM2.5 NAAQS demonstration that the South Coast area find that it is impracticable for the area in the South Coast nonattainment area: will attain the 2012 PM2.5 standard as to attain by the applicable attainment 1. The 2012 base year emissions expeditiously as practicable but no later date, we propose to reclassify the entire inventories as meeting the requirements than December 31, 2025, or by the most South Coast nonattainment area, of CAA section 172(c)(3); expeditious alternative date practicable including reservation areas of Indian 2. the reasonably available control and no later than December 31, 2030, in country and any other area of Indian measures/reasonably available control accordance with the requirements of country located within it where the EPA technology demonstration as meeting CAA sections 189(b) and 188(e). or a tribe has demonstrated that the tribe the requirements of CAA sections We note that the 2016 PM2.5 Plan has jurisdiction, as Serious 172(c)(1) and 189(a)(1)(C); submitted on April 27, 2017, includes a nonattainment for the 2012 PM2.5 3. the demonstration that attainment Serious area attainment demonstration, standard. by the Moderate area attainment date of an emissions inventory, attainment- Generally, the effect of reclassification December 31, 2021 is impracticable as related plan elements, and BACM/BACT is to lower the applicable ‘‘major meeting the requirements of CAA provisions, which the EPA intends to source’’ threshold for purposes of the section 189(a)(1)(B)(ii); evaluate and act on through subsequent NNSR program and the Title V 4. the reasonable further progress rulemakings, as appropriate. operating permit program from 100 tpy demonstration as meeting the In addition, because the EPA is to 70 tpy,246 thus subjecting more new requirements of CAA section 172(c)(2); proposing to similarly reclassify or modified stationary sources to these 5. the quantitative milestones as reservation areas of Indian country and requirements. Reclassification also meeting the requirements of CAA any other area of Indian country where lowers the de minimis threshold under section 189(c); the EPA or a tribe has demonstrated that the CAA’s General Conformity 6. the motor vehicle emissions the tribe has jurisdiction within the 247 requirements from 100 tpy to 70 tpy. budgets for 2019 and 2022 as shown in South Coast PM2.5 nonattainment area as In this case, however, reclassification Table 8 of this proposed rule because Serious nonattainment for the 2012 would not change the ‘‘major source’’ they are derived from an approvable PM2.5 standard, consistent with our thresholds because, as a result of the RFP demonstration and meet the proposed reclassification of the EPA’s January 2016 reclassification of requirements of CAA section 176(c) and surrounding non-Indian country lands, the South Coast area as a ‘‘Serious’’ 40 CFR part 93, subpart A; and the EPA has invited consultation with nonattainment area for the 2006 PM2.5 7. the SCAQMD’s commitments to interested tribes concerning this issue. NAAQS, the area is already subject to adopt and implement specific rules and Although eligible tribes may seek the the 70 tpy major source threshold for measures in accordance with the EPA’s approval of relevant tribal Serious PM2.5 nonattainment areas in schedule provided in Chapter 4 of the programs under the CAA, none of the CAA section 189(b)(3).248 Likewise, 2016 PM2.5 Plan to achieve the emission affected tribes will be required to submit reclassification would have no impact reductions shown therein, and to submit an implementation plan as a result of on the applicable General Conformity de these rules and measures to CARB for this reclassification. minimis thresholds, because the South transmittal to the EPA as a revision to We will accept comments from the Coast area is already subject to the 70 the SIP, as stated on page 9 of SCAQMD public on these proposals for the next tpy de minimis threshold for PM2.5 and Governing Board Resolution 17–2. 30 days. The deadline and instructions all PM2.5 precursors as a result of the The EPA is also proposing to for submission of comments are EPA’s previous reclassification of the conditionally approve the contingency provided in the DATES and ADDRESSES area as Serious for the 2006 PM2.5 measure element of the 2016 PM2.5 Plan sections at the beginning of this NAAQS.249 as meeting the requirements of CAA preamble. The EPA has contacted tribal officials section 172(c)(9) for the 2006 PM 2.5 IX. Statutory and Executive Order to invite government-to-government NAAQS and the 2012 PM2.5 NAAQS. consultation on this rulemaking Finally, pursuant to CAA section Reviews effort.250 The EPA specifically solicits 188(b)(1), the EPA is proposing to Under the Clean Air Act, the additional comment on this proposed reclassify the South Coast PM2.5 Administrator is required to approve a nonattainment area, including SIP submission that complies with the 246 CAA sections 189(b)(3) and 501(2)(B). reservation areas of Indian country and provisions of the Act and applicable 247 40 CFR part 93, subpart B. any other area where the EPA or a tribe federal regulations. 42 U.S.C. 7410(k); 248 81 FR 1514. has demonstrated that a tribe has 40 CFR 52.02(a). Thus, in reviewing SIP 249 Id. and 40 CFR 93.153(b). jurisdiction within the South Coast area, submissions, the EPA’s role is to 250 We sent letters dated January 22, 2020 to tribal officials offering government-to-government as Serious nonattainment for the 2012 approve state choices, provided that consultation. PM2.5 standard based on the agency’s they meet the criteria of the Clean Air

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Proposed Rules 40057

Act. Accordingly, this proposed action in the Unfunded Mandates Reform Act an Indian tribe has demonstrated that a merely proposes to approve, or of 1995 (Pub. L. 104–4); tribe has jurisdiction. In those areas of conditionally approve, state plans as • Does not have Federalism Indian country, the proposed rule does meeting federal requirements and does implications as specified in Executive not have tribal implications and will not not impose additional requirements Order 13132 (64 FR 43255, August 10, impose substantial direct costs on tribal beyond those imposed by state law. For 1999); governments or preempt tribal law as that reason, this proposed action: • Is not an economically significant specified by Executive Order 13175 (65 • Is not a ‘‘significant regulatory regulatory action based on health or FR 67249, November 9, 2000). action’’ subject to review by the Office safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); List of Subjects of Management and Budget under • Executive Orders 12866 (58 FR 51735, Is not a significant regulatory action 40 CFR Part 52 subject to Executive Order 13211 (66 FR October 4, 1993) and 13563 (76 FR 3821, Environmental protection, Air January 21, 2011); 28355, May 22, 2001); • Is not subject to requirements of pollution control, Ammonia, • Is not an Executive Order 13771 (82 Section 12(d) of the National Incorporation by reference, FR 9339, February 2, 2017) regulatory Technology Transfer and Advancement Intergovernmental relations, Nitrogen action because SIP approvals are Act of 1995 (15 U.S.C. 272 note) because dioxide, Particulate matter, Reporting exempted under Executive Order 12866; and recordkeeping requirements, Sulfur • application of those requirements would Does not impose an information be inconsistent with the Clean Air Act; dioxide, Volatile organic compounds. collection burden under the provisions and 40 CFR Part 81 of the Paperwork Reduction Act (44 • Does not provide the EPA with the U.S.C. 3501 et seq.); discretionary authority to address Environmental protection, Air • Is certified as not having a disproportionate human health or pollution control, Particulate matter. significant economic impact on a environmental effects with practical, Authority: 42 U.S.C. 7401 et seq. substantial number of small entities appropriate, and legally permissible Dated: June 5, 2020. under the Regulatory Flexibility Act (5 methods under Executive Order 12898 U.S.C. 601 et seq.); (59 FR 7629, February 16, 1994). John Busterud, • Does not contain any unfunded In addition, the SIP is not approved Regional Administrator, Region IX. mandate or significantly or uniquely to apply on any Indian reservation land [FR Doc. 2020–12690 Filed 7–1–20; 8:45 am] affect small governments, as described or in any other area where the EPA or BILLING CODE 6560–50–P

VerDate Sep<11>2014 21:42 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 9990 E:\FR\FM\02JYP2.SGM 02JYP2 khammond on DSKJM1Z7X2PROD with PROPOSALS2 Vol. 85 Thursday, No. 128 July 2, 2020

Part IV

Department of Defense General Services Administration National Aeronautics and Space Administration

48 CFR Chapter 1 Federal Acquisition Regulations; Final Rules

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40060 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

DEPARTMENT OF DEFENSE and National Aeronautics and Space RULES section of this issue of the Administration (NASA). Federal Register. GENERAL SERVICES ACTION: ADMINISTRATION Summary presentation of final FOR FURTHER INFORMATION CONTACT: The rules. analyst whose name appears in the table NATIONAL AERONAUTICS AND below in relation to the FAR case. For SUMMARY: This document summarizes SPACE ADMINISTRATION information pertaining to status or the Federal Acquisition Regulation publication schedules, contact the (FAR) rules agreed to by the Civilian 48 CFR Chapter 1 Regulatory Secretariat Division at 202– Agency Acquisition Council and the 501–4755 or [email protected]. [Docket No. FAR–2020–0051, Sequence No. Defense Acquisition Regulations 3] Council (Councils) in this Federal Acquisition Circular (FAC) 2020–07. A Federal Acquisition Regulation; companion document, the Small Entity Federal Acquisition Circular 2020–07; Compliance Guide (SECG), follows this Introduction FAC. AGENCY: Department of Defense (DoD), DATES: For effective dates see the General Services Administration (GSA), separate documents published in the

RULE LISTED IN FAC 2020–07

Item Subject FAR case Analyst

I ...... Requirements for DD Form 254, Contract Security Classification Specification ...... 2015–002 Glover. II ...... Increased Micro-Purchase and Simplified Acquisition Thresholds ...... 2018–004 Jackson. III ...... Evaluation Factors for Multiple-Award Contracts ...... 2017–010 Jackson. IV ...... Modifications to Cost or Pricing Data Requirements ...... 2018–005 Delgado. V ...... Orders Issued Via Fax or Electronic Commerce ...... 2018–022 Glover. VI ...... Technical Amendments.

ADDRESSES: The FAC, including the to $10,000, increases the simplified cost as an evaluation factor for contract SECG, is available via the internet at acquisition threshold (SAT) from award. This exception does not apply to https://www.regulations.gov. $150,000 to $250,000, and increases the solicitations for multiple-award SUPPLEMENTARY INFORMATION: special emergency procurement contracts that provide for sole source Summaries for each FAR rule follow. authority in paragraph (2) from orders pursuant to 8(a) of the Small For the actual revisions and/or $300,000 to $500,000. The rule also Business Act (15 U.S.C. 637(a)). When amendments made by these FAR rules, clarifies certain procurement terms, as price or cost is not evaluated during refer to the specific item numbers and well as aligns some non-statutory contract award, the contracting officer subjects set forth in the documents thresholds with the MPT and SAT. It shall consider price or cost as a factor following these item summaries. FAC implements section 217(b) of the for the award of each order under the 2020–07 amends the FAR as follows: National Defense Authorization Act contract. Section 825 also amends 10 (NDAA) for Fiscal Year (FY) 2017 and U.S.C. 2304c(b) to add exemptions for Item I—Requirements for DD Form 254, sections 805, 806, and 1702(a) of the the use of competitive procedures when Contract Security Classification NDAA for FY 2018. Specification (FAR Case 2015–002) placing an order under a multiple-award This final rule will likely have a contract. This final rule amends the FAR to positive significant economic impact on provide procedures for use of the DD a substantial number of small entities. Item IV—Modifications to Cost or Pricing Data Requirements (FAR Case Form 254, Contract Security Item III—Evaluation Factors for Classification Specification, and the use Multiple-Award Contracts (FAR Case 2018–005) of the Procurement Integrated Enterprise 2017–010) Environment (PIEE) for electronic This final rule increases the threshold submission to streamline the DoD, GSA, and NASA are issuing a for requesting certified cost or pricing submission process. It requires use of final rule amending the FAR to data from $750,000 to $2 million for the DD Form 254 by DoD components, implement section 825 of the National contracts entered into after June 30, and by nondefense agencies that have Defense Authorization Act for Fiscal 2018. For earlier contracts, contractors industrial security services agreements Year 2017 (Pub. L. 114–328). The final may request a modification to use the with DoD, and requires the use of the rule modifies the requirement to new clause Alternates, with the new $2 National Industrial Security Program consider price or cost as an evaluation million threshold for subcontracts Contracts Classification System module factor for the award of certain multiple- awarded on or after July 1, 2018. The of the PIEE, unless the nondefense award task order contracts issued by rule implements section 811 of the agency has an existing DD Form 254 DoD, NASA, and the Coast Guard. National Defense Authorization Act for information system. Specifically, the rule provides that, at Fiscal Year 2018, Public Law 115–91. the Government’s discretion, Item II—Increased Micro-Purchase and This final rule will not have a solicitations for multiple-award Simplified Acquisition Thresholds contracts for the same or similar significant economic impact on a (FAR Case 2018–004) services that state the Government substantial number of small entities. This final rule increases the micro- intends to award a contract to each purchase threshold (MPT) from $3,500 qualifying offeror do not require price or

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40061

Item V—Orders Issued Via Fax or DEPARTMENT OF DEFENSE • Require agency preparation of the Electronic Commerce (FAR Case 2018– DD Form 254 using the National 022) GENERAL SERVICES Industrial Security Program Contracts ADMINISTRATION Classification System module of the This final rule amends a FAR clause PIEE unless a nondefense agency has an to permit the issuance of task or NATIONAL AERONAUTICS AND existing DD Form 254 information delivery orders via facsimile or SPACE ADMINISTRATION system. electronic commerce and clarify when Five respondents submitted an order is considered ‘‘issued’’ when 48 CFR Parts 1, 2, 4, 52, and 53 comments on the proposed rule. using these methods. As a result, [FAC 2020–07; FAR Case 2015–002; Item II. Discussion and Analysis contracting officers will no longer need I; Docket No. FAR–2015–0002; Sequence to include supplemental ordering No. 1] The Civilian Agency Acquisition Council and the Defense Acquisition language in the contract when RIN 9000–AN40 anticipating the use of fax or electronic Regulations Council (the Councils) commerce to issue task or delivery Federal Acquisition Regulation: reviewed the public comments in the orders. The authority to issue orders Requirements for DD Form 254, development of the final rule. A orally must still be separately Contract Security Classification discussion of the comments is provided authorized in the contract. A common Specification as follows: understanding of when a task or AGENCY: Department of Defense (DoD), A. Summary of Significant Changes delivery order is considered issued, in General Services Administration (GSA), There were no changes from the such situations, will be applied and National Aeronautics and Space proposed rule as a result of the public Governmentwide. Administration (NASA). comments received. There were minor Item VI—Technical Amendments ACTION: Final rule. editorial changes made to the proposed rule, see Section C below. Editorial changes are made at FAR SUMMARY: DoD, GSA, and NASA are B. Analysis of Public Comments 5.205, 9.109–4, 27.405–3, 52.209–13, issuing a final rule amending the and 52.212–5. Federal Acquisition Regulation (FAR) to 1. Commercial and Government Entity require electronic submission of the DD (CAGE) Code Reporting William F. Clark, Form 254, Contract Security Director, Office of Government-wide Classification Specification. Comment: Two respondents Acquisition Policy, Office of Acquisition DATES: Effective: August 3, 2020. expressed concern regarding the use of ‘‘Unique CAGE code’’; stating that in Policy, Office of Government-wide Policy. FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement some instances a facility will have Federal Acquisition Circular (FAC) 2020– Analyst, at 202–501–1448 or multiple locations with the same CAGE 07 is issued under the authority of the [email protected] for clarification of codes. Clarification of the term Secretary of Defense, the Administrator of content. For information pertaining to ‘‘unique’’ CAGE code was requested. General Services, and the Administrator of Response: In accordance with the National Aeronautics and Space status or publication schedules, contact the Regulatory Secretariat Division at National Industrial Security Program Administration. Operating Manual (NISPOM) DoD Unless otherwise specified, all Federal 202–501–4755. Please cite FAR Case 2015–002. 5220.22–M and FAR 52.204–16(g), each Acquisition Regulation (FAR) and other contractor and subcontractor location of SUPPLEMENTARY INFORMATION: directive material contained in FAC 2020–07 performance listed on a DD Form 254 is is effective July 2, 2020 except for Items I, III, I. Background required to have a unique CAGE code; IV and V, which are effective August 3, 2020, DoD, GSA, and NASA published a and registration in the System for and item II, which is effective August 31, Award Management (SAM) is not 2020. proposed rule in the Federal Register at 84 FR 33201 on July 12, 2019, proposing required for contractor and Kim Herrington, to amend the FAR to update and clarify subcontractor performance locations Acting Principal Director, Defense Pricing the requirements for using the DD Form solely for the purposes of the DD Form and Contracting, Department of Defense. 254, Contract Security Classification 254. FAR 52.204–16, Commercial and Jeffrey A. Koses, Specification. This rule amends the Government Entity (CAGE) Code Senior Procurement Executive/Deputy CAO, FAR, in part, to provide procedures for Reporting, as prescribed at FAR Office of Acquisition Policy, U.S. General use of the DD Form 254 and the 4.1804(a), is amended to add paragraph Services Administration. requirement to use the Procurement (g) to require subcontractors requiring access to classified information under a William G. Roets, II, Integrated Enterprise Environment (PIEE), to— contract to be identified with a CAGE Acting Assistant Administrator, Office of • Streamline the submission process code on the DD Form 254. Contractors Procurement, National Aeronautics and for the existing DD Form 254 and enable shall ensure that a subcontractor Space Administration. businesses to submit an electronic form requiring access to classified [FR Doc. 2020–12761 Filed 7–1–20; 8:45 am] once, instead of repeated paper information provide its CAGE code with BILLING CODE 6820–EP–P submissions; its name and location address or • Require use of the DD Form 254 by otherwise include it prominently in the nondefense agencies that have proposal. In addition, each location of industrial security services agreements subcontractor performance must be with DoD, and DoD components, to listed on the DD Form 254 and is specify the security classification for a required to reflect a corresponding contract involving access to information unique CAGE code for each listed classified as ‘‘Confidential,’’ ‘‘Secret,’’ or location unless the work is being ‘‘Top Secret;’’ performed at a Government facility, in

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40062 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

which case the agency location code Response: The Paperwork Reduction rule is not a major rule under 5 U.S.C. shall be used. The CAGE code must be Act (44 U.S.C. chapter 35) applies; 804. for that name and location address. The however, the proposed changes to the V. Executive Order 13771 CAGE code is required prior to award. FAR do not impose additional Each listed location must have a unique information collection requirements to This rule is not subject to E.O. 13771, CAGE code classifying only a single the paperwork burden previously Reducing Regulation and Controlling location. approved under the Office of Regulatory Costs, because this rule is Comment: Two respondents opposed Management and Budget (OMB) Control not a significant regulatory action under the removal of the current CAGE code Number 0704–0567, entitled E.O. 12866. requirement and stressed the continued ‘‘Department of Defense Contract VI. Regulatory Flexibility Act need to not increase risk of sharing Security Classification Specification’’. DoD, GSA, and NASA have prepared classified information with an uncleared 5. Out of Scope a Final Regulatory Flexibility Analysis facility or one where the clearance is no (FRFA) consistent with the Regulatory longer active or authorized. Comment: One respondent Flexibility Act, 5 U.S.C. 601, et seq. The Response: The rule does not decrease commented on a variety of topics FRFA is summarized as follows: the security professional’s ability to unrelated to the rule. verify security clearance and Response: Comments are out of scope. This final rule is to revise the FAR to safeguarding levels as directed by C. Other Changes update and clarify the requirements for using NISPOM via the National Industrial the DD Form 254, Contract Security There were minor administrative Classification Specification. The Government Security System (NISS). The rule will revisions to the format of the provision uses the DD Form 254 to convey security require electronic submission of the DD FAR 52.204–16, Commercial and requirements to contractors when contract Form 254, Contract Security Government Entity Code Reporting, and performance requires access to classified Classification Specification. the clause FAR 52.204–18, Commercial information. Prime contractors also use the DD Form 254 to convey security 2. DD Form 254 and Government Entity Code requirements to subcontractors that require Maintenance, including deleting use of access to classified information to perform on Comment: Two respondents the alternates at FAR 52.204–16(g) and recommended submission of the DD a subcontract. Subcontractors may also use FAR 52.204–18(f), incorporating the the DD Form 254 if access to classified Form 254 by company name with an paragraphs at FAR 52.204–16(g) and information is required to convey security ‘‘option’’ to file by CAGE code and if FAR 52.204–18(f) into the base clause requirements to additional subcontractors. possible link the form to the website for for clarity. Additionally, there were There were no significant issues raised by storage and potential reuse to avoid minor clarifying edits to the FAR text at the public comments in response to the uploading as part of an application initial regulatory flexibility analysis. FAR 4.402(d)(1) and (2), FAR The final rule will apply to small ‘‘process’’ via the contractor’s tools and 4.403(c)(1), and 52.204–16(b) and (g). As processes for DD Form 254 submission. businesses awarded contracts or subcontracts a result of conforming changes, by Executive agencies covered by the Response: The intent of the rule is for revisions to FAR 4.1804 will no longer National Industrial Security Program that use of the DD Form 254 for each specific be required. require access to classified information. contractual requirement requiring Currently, the Defense Security Service access to classified information. While III. Applicability to Contracts at or monitors approximately 13,500 contractor the NISS website does not currently link Below the Simplified Acquisition facilities that are cleared for access to to the DD Form 254 repository, Defense Threshold (SAT) and for Commercial classified information. Approximately 9,000 Counterintelligence and Security Items, Including Commercially facilities are considered less-complex, which Agency will evaluate that capability Available Off-the-Shelf (COTS) Items includes small businesses and smaller security operations. Subject matter experts during future assessment of This rule does not create any new estimate that 5,400 (60 percent) of the 9,000 requirements. provisions or clauses, nor does it change less-complex facilities are small businesses. 3. Support for the Rule the applicability of any existing The final rule does not impose any provisions or clauses included in Paperwork Reduction Act reporting, Comment: Two respondents solicitations and contracts valued at or recordkeeping, or other compliance acknowledged that streamlining the DD below the SAT, or for commercial items, requirements on any small entities. The rule Form 254 for electronic submission via including COTS items. does not impose any new reporting, the National Industrial Security Program recordkeeping or other compliance (NISP) Contracts Classification System IV. Executive Orders 12866 and 13563 requirements. The rule does not duplicate, overlap, or conflict with any other Federal is beneficial as well as clarification of E.O.s 12866 and 13563 direct agencies rules. the SAM requirements. to assess all costs and benefits of DoD, GSA, and NASA were unable to Response: The Government available regulatory alternatives and, if identify any alternatives to the rule which acknowledges the benefits with regulation is necessary, to select would reduce the impact on small entities establishment of the rule to provide regulatory approaches that maximize and still meet the requirements of the rule. streamlined submission process net benefits (including potential Interested parties may obtain a copy of procedures for use of the DD Form 254 economic, environmental, public health the FRFA from the Regulatory through the PIEE, to enable businesses and safety effects, distributive impacts, Secretariat Division. The Regulatory to submit an electronic form once, and equity). E.O. 13563 emphasizes the Secretariat Division has submitted a instead of repeated paper submissions. importance of quantifying both costs copy of the FRFA to the Chief Counsel and benefits, of reducing costs, of 4. Paperwork Reduction Act for Advocacy of the Small Business harmonizing rules, and of promoting Applicability Administration. flexibility. This is not a significant Comment: One respondent conveyed regulatory action and, therefore, was not VII. Paperwork Reduction Act concerns regarding the Paperwork subject to review under section 6(b) of The Paperwork Reduction Act (44 Reduction Act burdens associated with E.O. 12866, Regulatory Planning and U.S.C. chapter 35) applies; however, the the use of DD Form 254. Review, dated September 30, 1993. This changes to the FAR do not impose

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40063

additional information collection (2) An identifier assigned by a being performed at a Government requirements to the paperwork burden member of the North Atlantic Treaty facility, in which case the agency previously approved under the Office of Organization (NATO) or by the NATO location code shall be used. Each Management and Budget (OMB) Control Support and Procurement Agency subcontractor location requiring access Number 0704–0567, entitled (NSPA) to entities located outside the to classified information must be listed ‘‘Department of Defense Contract United States and its outlying areas that on the DD Form 254. Security Classification Specification’’. the DLA Commercial and Government (iii) Contractor and subcontractor The rule addresses use of CAGE codes Entity (CAGE) Branch records and performance locations listed on the DD on the DD Form 254, however, it does maintains in the CAGE master file. This Form 254 are not required to be not impact information collection type of code is known as a NATO CAGE separately registered in the System for requirements concerning the CAGE (NCAGE) code. Award Management (SAM) solely for code, OMB Control Number 9000–0185, * * * * * the purposes of a DD Form 254 (see Commercial and Government Entity subpart 4.11 for information on Code. PART 4—ADMINISTRATIVE AND registering in SAM). INFORMATION MATTERS List of Subjects in 48 CFR Parts 1, 2, 4, * * * * * ■ 52, and 53 ■ 4. Amend section 4.402 by— 5. Amend section 4.403 by removing from paragraph (c) introductory text Government procurement. ■ a. Removing from paragraph (b) introductory text ‘‘and the Director of ‘‘contract as follows’’ and adding William F. Clark, Central Intelligence,’’ and adding ‘‘the ‘‘contract as identified in the Director, Office of Government-wide Director of National Intelligence, and requirement documentation as follows’’ Acquisition Policy, Office of Acquisition the Secretary of Homeland Security’’ in in its place, and revising paragraph Policy, Office of Government-wide Policy. its place; (c)(1) to read as follows: Therefore, DoD, GSA, and NASA ■ b. Removing from paragraph (b)(2) 4.403 Responsibilities of contracting amend 48 CFR parts 1, 2, 4, 52, and 53 ‘‘Industrial Security Regulation (DOD officers. as set forth below: 5220.22–R).’’ and adding ‘‘DoD Manual * * * * * ■ 1. The authority citation for 48 CFR 5220.22, Volume 2, ‘‘National Industrial (c) *** parts 1, 2, 4, 52, and 53 continues to Security Program: Industrial Security (1) Nondefense agencies that have read as follows: Procedures for Government industrial security services agreements Activities.’’’’ in its place; and with DoD, and DoD components, shall Authority: 40 U.S.C. 121(c); 10 U.S.C. ■ chapter 137; and 51 U.S.C. 20113. c. Redesignating paragraph (d) as (e), use the Contract Security Classification and adding a new paragraph (d) to read Specification, DD Form 254. The PART 1—FEDERAL ACQUISITION as follows: contracting officer, or authorized agency REGULATIONS SYSTEM 4.402 General. representative, is the approving official for the DD Form 254 associated with the ■ * * * * * 2. In section 1.106 amend the table prime contract and shall ensure the DD following by adding an entry for ‘‘DD (d) Nondefense agencies that have industrial security services agreements Form 254 is properly prepared, Form 254’’ at the end of the table to read distributed by and coordinated with as follows: with DoD, and DoD components, shall use the DD Form 254, Contract Security requirements and security personnel in 1.106 OMB approval under the Paperwork Classification Specification, to provide accordance with agency procedures, see Reduction Act. security classification guidance to U.S. 4.402(d)(1). contractors, and subcontractors as * * * * * FAR segment OMB control No. applicable, requiring access to 4.1801 [Amended] information classified as ‘‘Confidential’’, ‘‘Secret’’, or ‘‘Top Secret’’. ■ 6. Amend section 4.1801 by removing ***** (1) Provided that the data submittal is the defined term ‘‘Commercial and DD Form 254 ...... 0706–0567 unclassified, the DD Form 254 shall be Government Entity (CAGE) code’’. completed electronically in the NISP Contract Classification System (NCCS), PART 52—SOLICITATION PROVISIONS PART 2—DEFINITIONS OF WORDS AND CONTRACT CLAUSES AND TERMS which is accessible via the Procurement Integrated Enterprise Environment ■ 7. Amend section 52.204–16 by— ■ 3. In section 2.101, amend paragraph (PIEE) at https://wawf.eb.mil. ■ a. Revising the date of the provision; (b) by adding in alphabetical order the Nondefense agencies with an existing ■ b. Removing from the end of defined term ‘‘Commercial and DD Form 254 information system may paragraph (a)(1) ‘‘entity; or’’ and adding Government Entity (CAGE) code’’ to use that system. ‘‘entity by unique location; or’’ in its read as follows: (2)(i) A contractor, or subcontractor (if place; applicable), requiring access to ■ 2.101 Definitions. c. Revising paragraph (b); classified information under a contract ■ d. In paragraph (c)(2) removing the * * * * * shall be identified with a Commercial word ‘‘offeror’’ and adding ‘‘Offeror’’ in Commercial and Government Entity and Government Entity (CAGE) code on its places; (CAGE) code means— the DD Form 254 (see subpart 4.18 for ■ e. Revising paragraph (e); and (1) An identifier assigned to entities information on obtaining and validating ■ f. Adding paragraph (g). located in the United States or its CAGE codes). The revisions and addition read as outlying areas by the Defense Logistics (ii) Each location of contractor or follows: Agency (DLA) Commercial and subcontractor performance listed on the Government Entity (CAGE) Branch to DD Form 254 is required to reflect a 52.204–16 Commercial and Government identify a commercial or government corresponding unique CAGE code for Entity Code Reporting. entity by unique location; or each listed location unless the work is * * * * *

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40064 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

Commercial and Government Entity Code contract for each location of contract, DEPARTMENT OF DEFENSE Reporting (Aug 2020) including subcontract, performance. * * * * * * * * * * * * * GENERAL SERVICES (b) The Offeror shall provide its CAGE (f) If the contract includes Federal ADMINISTRATION code with its offer with its name and location Acquisition Regulation clause 52.204–2, address or otherwise include it prominently Security Requirements, the contractor shall NATIONAL AERONAUTICS AND in its proposal. The CAGE code must be for SPACE ADMINISTRATION that name and location address. Insert the ensure that subcontractors maintain their word ‘‘CAGE’’ before the number. The CAGE CAGE code(s) throughout the life of the code is required prior to award. contract. 48 CFR Parts 2, 3, 9, 13, 16, 22, 25, and 52 * * * * * (End of clause) (e) When a CAGE code is required for the [FAC 2020–07; FAR Case 2018–004; Item immediate owner and/or the highest-level ■ 10. Amend section 52.204–20 by— II; Docket No. FAR–2018–0011; Sequence owner by Federal Acquisition Regulation No. 1] (FAR) 52.204–17 or 52.212–3(p), the Offeror ■ a. Revising the date of the provision; shall obtain the respective CAGE code from and RIN 9000–AN65 that entity to supply the CAGE code to the ■ Government. b. Removing from paragraph (a)(1) Federal Acquisition Regulation: * * * * * ‘‘entity; or’’ and adding ‘‘entity by Increased Micro-Purchase and (g) If the solicitation includes FAR clause unique location; or’’ in its place. Simplified Acquisition Thresholds 52.204–2, Security Requirements, a The revision reads as follows: subcontractor requiring access to classified AGENCY: Department of Defense (DoD), information under a contract shall be 52.204–20 Predecessor of Offeror. General Services Administration (GSA), identified with a CAGE code on the DD Form and National Aeronautics and Space 254. The Contractor shall require a * * * * * Administration (NASA). subcontractor requiring access to classified Predecessor of Offeror (Aug 2020) ACTION: Final rule. information to provide its CAGE code with * * * * * its name and location address or otherwise SUMMARY: DoD, GSA, and NASA are include it prominently in the proposal. Each issuing a final rule amending the location of subcontractor performance listed PART 53—FORMS on the DD Form 254 is required to reflect a Federal Acquisition Regulation (FAR) to implement a section of the National corresponding unique CAGE code for each ■ 11. Amend section 53.204–1 by Defense Authorization Act (NDAA) for listed location unless the work is being revising the introductory text to read as performed at a Government facility, in which Fiscal Year (FY) 2017 and several case the agency location code shall be used. follows: sections of the NDAA for FY 2018 that The CAGE code must be for that name and 53.204–1 Safeguarding classified increase the micro-purchase threshold location address. Insert the word ‘‘CAGE’’ information within industry (DD Form 254, (MPT), increase the simplified before the number. The CAGE code is DD Form 441). acquisition threshold (SAT), and clarify required prior to award. certain procurement terms, as well as (End of provision) The following forms, which are align some non-statutory thresholds prescribed by the Department of with the MPT and SAT. ■ 8. Amend section 52.204–17 by Defense, shall be used by DoD DATES: Effective: August 31, 2020. revising the title and the date of the components and those nondefense FOR FURTHER INFORMATION CONTACT: Mr. provision and removing from paragraph agencies with which DoD has Michael O. Jackson, Procurement (a)(1) ‘‘entity; or’’ and adding ‘‘entity by agreements to provide industrial Analyst, at 202–208–4949 or unique location; or’’ in its place. security services for the National The revision reads as follows: [email protected] for Industrial Security Program if contractor clarification of content. For information 52.204–17 Ownership or Control of access to classified information is pertaining to status or publication Offeror. required, as specified in subpart 4.4 and schedules, contact the Regulatory * * * * * the clause at 52.204–2: Secretariat Division at 202–501–4755. Ownership or Control of Offeror (Aug 2020) * * * * * Please cite FAC 2020–07, FAR Case 2018–004. * * * * * 53.300 [Amended] ■ 9. Amend section 52.204–18 by— SUPPLEMENTARY INFORMATION: ■ a. Revising the date of the clause; ■ 12. In section 53.300 amend the table I. Background ■ b. Removing from paragraph (a)(1) in paragraph (b) in the table 53–2 by ‘‘entity; or’’ and adding ‘‘entity by removing from Form DD 254 url, http:// DoD, GSA, and NASA published a proposed rule on October 2, 2019, at 84 unique location; or’’ in its place; www.dtic.mil/whs/directives/forms/ ■ FR 52420, to implement section 217(b) c. Revising the first sentence of eforms/dd0254.pdf and adding https:// of the NDAA for FY 2017 (Pub. L. 114– paragraph (b); and www.esd.whs.mil/Portals/54/ ■ d. Adding paragraph (f). 328) and sections 805, 806, and 1702(a) The revisions and addition read as Documents/DD/forms/dd/dd0254.pdf; of the NDAA for FY 2018 (Pub. L. 115– follows: and removing from Form DD 441 url, 91). http://www.dtic.mil/whs/directives/ Section 217(b) amends 41 U.S.C. 1902 _ 52.204–18 Commercial and Government forms/eforms/dd0441 2017.pdf and to increase the MPT for acquisitions Entity Code Maintenance. adding https://www.esd.whs.mil/ from institutions of higher education or * * * * * Portals/54/Documents/DD/forms/dd/ related or affiliated nonprofit entities, or _ Commercial and Government Entity Code dd0441 2020.pdf in their places, from nonprofit research organizations or Maintenance (Aug 2020) respectively. independent research institutes, from * * * * * [FR Doc. 2020–12762 Filed 7–1–20; 8:45 am] $3,500 to $10,000, or a higher amount (b) Contractors shall ensure that the CAGE BILLING CODE 6820–EP–P as determined appropriate by the head code is maintained throughout the life of the of the agency and consistent with clean

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40065

audit findings under 31 U.S.C. Chapter U.S.C. 4212 and 40 U.S.C. are prescribed only above the SAT. In 75, an internal institutional risk 3701(b)(3)(iii). The Councils have no addition to including fewer regulations assessment, or State law. other changes for FAR part 22. in applicable awards, the rule allows Section 806 increases the MPT in 41 Comment: One respondent more awards based on quotes in lieu of U.S.C. 1902(a) to $10,000. commented that the rule proposes a a formal proposal, thereby reducing the Section 805 increases the SAT to change to the prime contract coverage contractor’s bid and proposal costs. $250,000. threshold for E-Verify (FAR 22.1803) Costs associated with contractor Section 1702(a) amends section from the simplified acquisition financing could also be reduced by 15(j)(1) of the Small Business Act (15 threshold to $150,000, thereby not increasing the number of micro- U.S.C. 644(j)(1)) to replace specific exempting contracts between $150,000 purchases, for which the dollar thresholds with the terms ‘‘micro- and $250,000, from E-Verify. The Governmentwide purchase card is the purchase threshold’’ and ‘‘simplified respondent stated that by setting the preferred method of purchase and acquisition threshold.’’ prime contract threshold below the payment (see FAR 13.201(b)). These FAR changes also replace non- SAT, particularly when the threshold To determine the dollar amounts and statutory, stated numerical dollar was previously set at the SAT, goes entities affected, data was pulled from thresholds that are intended to against the spirit of 41 U.S.C. 1905(b)(2). the Federal Procurement Data System correspond with the MPT and SAT, Response: The Administration has (FPDS) from fiscal years 2015–2018. For with the text ‘‘micro-purchase stated its broad desire to ‘‘require the the micro-purchase value change, there threshold’’ and ‘‘simplified acquisition use of the electronic status-verification was an annual average in total impacted threshold.’’ Referencing some stated system (‘‘E-Verify’’) to ensure the contract awards of $2,442,317 for small thresholds by name instead of by a maintenance of a legal workforce in the businesses and $1,359,916 for other specific dollar value will ease United States.’’ See: https:// than small businesses for contracts with maintenance of regulations, given the www.whitehouse.gov/briefings- values exceeding $3,500 ($5,000 for likelihood of future changes to the statements/president-donald-j-trumps- DOD), but less than or equal to $10,000 threshold amounts. Text clarifying the letter-house-senate-leaders- (or higher, for educational institutions). use of the approval thresholds, based on immigration-principles-policies/. For the simplified acquisition threshold the increase of the SAT, for sole source Exempting contracts between $150,000 change, there was an annual average in justifications executed under the and $250,000 would run counter to the total impacted contract awards of simplified procedures for certain stated policy objective. $300,073,039 for small businesses and commercial items has been added to C. Other Changes $161,715,144 for other than small FAR subpart 13.5. Some changes included in the businesses for contracts with values Six respondents submitted comments exceeding $150,000, but less than or on the proposed rule. proposed rule are not required in the final rule as a result of publication of equal to $250,000 (from $300,000 to II. Discussion and Analysis the final rule under FAR Case 2018–007 $500,000 for contingency, humanitarian, or peacekeeping awards). The Civilian Agency Acquisition in FAC 2020–06 on May 6, 2020, Commercial item awards, as well as Council and the Defense Acquisition effective June 5, 2020. orders placed through indefinite- Regulations Council (the Councils) III. Expected Impact of the Final Rule quantity contract orders and other large reviewed the public comments in the and Proposed Cost Savings contracting schedule orders, were development of the final rule. A removed from this calculation to discussion of the comments is provided DoD, GSA, and NASA have performed determine the cost reduction on offerors as follows: a regulatory cost analysis on this rule. The following is a summary of the and contractors. Commercial items were A. Summary of Changes estimated public and Government cost removed from this calculation because There are no changes as a result of savings. This rule impacts any business, the simplified threshold for commercial comments on the proposed rule. large or small, that prepares quotes item awards is set at $7 million, so the exceeding $3,500 ($5,000 for DoD) and increased SAT threshold would not B. Analysis of Public Comments not exceeding $10,000 (or higher for impact compliance or business Comment: Several respondents select educational institutions); procedures for contractors with awards expressed support for the rule. proposals exceeding $150,000 and not conducted through commercial item Response: The Councils acknowledge exceeding $250,000; and proposals procedures. To calculate the burden the public support for the rule. exceeding $300,000 and not exceeding reduction on Government by raising Comment: One respondent questioned $500,000, in support of humanitarian or these thresholds, indefinite-quantity whether the FAR text change at FAR peacekeeping operations. This rule does contracts were included, as the 22.1803 was made in error. This not add any new solicitation provisions threshold changes would impact respondent also questioned whether the or contract clauses. Rather, it reduces Government acquisition procedures. change should have been at FAR burden on contractors by increasing the The Federal Acquisition Streamlining 22.1303 in lieu of FAR 22.1803. The thresholds at which various regulatory Act (FASA) made a number of laws respondent noted that there are two burdens apply. inapplicable to items procured under more sections in FAR part 22 that reflect Increasing the MPT and SAT means the SAT. This was meant to save both the amount of $150,000, and if they additional awards could be made under the Government and service providers should have been updated to the the MPT and additional awards could money while also expediting the entire ‘‘simplified acquisition threshold.’’ be made under the SAT. The additional contract process. This rule decreases the Response: The change at FAR 22.1803 awards at or below the MPT would not number of regulatory requirements was not in error; the change from require provisions or clauses, except as agencies need to include in awards. simplified acquisition threshold to provided in FAR 13.202 and FAR Because this rule reduces bid and $150,000 was intentional. The sections 32.1110, and the additional awards at or proposal costs and other administrative cited by the respondent are not based on below the SAT would be awarded burdens and since it does not the SAT statute but on other statutes: 38 without provisions and clauses which implement any new requirements on

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40066 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

offerors, this rule is considered to be The following is a summary of the savings calculated in perpetuity in 2016 deregulatory. estimated public and Government cost dollars at a 7 percent discount rate:

Summary Public Government Total

Present Value Cost Savings ...... ¥$662,413,271 ¥$2,216,678,757 ¥$2,879,092,029 Annualized Cost Savings ...... ¥46,368,929 ¥155,167,513 ¥201,536,442 Annualized Value Cost Savings as of 2016 if Year 1 is 2020 ...... ¥37,850,858 ¥126,662,911 ¥164,513,770

To access the full Regulatory Cost savings, discounted at a 7 percent rate so the increased SAT threshold would not Analysis for this rule, go to the Federal relative to year 2016 over a perpetual impact compliance or business procedures eRulemaking Portal at time horizon, is ¥$164,513,770. Details for contractors with awards conducted www.regulations.gov, search for ‘‘FAR on the estimated cost savings can be through commercial item procedures. Case 2018–004,’’ click ‘‘Open Docket,’’ found in Section III of this preamble. Data from the FPDS further indicates that and view ‘‘Supporting Documents.’’ for contingency, humanitarian, or VIII. Regulatory Flexibility Act peacekeeping contract actions, there were 11 IV. Applicability to Contracts at or DoD, GSA, and NASA have prepared new total contracts awarded in FY 2018 with Below the Simplified Acquisition a Final Regulatory Flexibility Analysis a value exceeding $300,000 but less than or Threshold and for Commercial Items, (FRFA) consistent with the Regulatory equal to $500,000 wherein contractors would have a change in compliance requirements. Including Commercially Available Off- Flexibility Act, 5 U.S.C. 601, et seq. The the-Shelf (COTS) Items Of these, 4 (36 percent) of these actions were FRFA is summarized as follows: awarded to 4 unique small business entities. The rule applies to contracts at or This rule is required to implement section This rule changes the small business set below the simplified acquisition 217(b) of the NDAA for FY 2017 (Pub. L. aside threshold under FAR 19.502; instead of threshold, and to contracts for 114–328) and sections 805, 806, and 1702(a) being from greater than $3,500 to less than commercial items, including COTS of the NDAA for FY 2018 (Pub. L. 115–91). or equal to $150,000, the threshold will be items. However, it does not add any This final rule increases the MPT, increases from greater than $10,000 to less than or new solicitation provisions or contract the SAT, clarifies certain procurement terms, equal to $250,000. This is expected to clauses, and it reduces burden on as well as aligns non-statutory, stated dollar increase the number of small business thresholds that are intended to correspond entities able to do business with the contractors by increasing the thresholds with the MPT and SAT, with word-based Government; for contracts affected by this at which various regulatory burdens thresholds to ensure continued alignment apply. with the current increase to these thresholds threshold change, (please see full regulatory and any future change to the threshold cost analysis for explanation of excepted V. Executive Orders 12866 and 13563 amounts. contract types), in FY 2018, there were 3,653 Executive Orders (E.O.s) 12866 and There were no significant issues raised by records exceeding $150,000 and less than or 13563 direct agencies to assess all costs the public in response to the initial equal to $250,000, while there were 505 and benefits of available regulatory regulatory flexibility analysis. records exceeding $3,500 ($5,000 for DOD) and less than or equal to $10,000. alternatives and, if regulation is This rule applies to all entities who do business with the Federal Government. This As of September 30, 2017, there were necessary, to select regulatory rule will likely have a positive significant 637,791 active entity registrations in SAM. Of approaches that maximize net benefits economic impact on a substantial number of those active entity registrations, 452,310 (71 (including potential economic, small entities. According to data from the percent) completed all four modules of the environmental, public health and safety Federal Procurement Data System (FPDS), registration, in accordance with the effects, distributive impacts, and there were 505 contracts awarded in FY 2018 definition ‘‘Registered in the System for equity). E.O. 13563 emphasizes the with a value exceeding $3,500 ($5,000 for Award Management (SAM)’’ at FAR 52.204– importance of quantifying both costs DOD), but less than or equal to $10,000 7(a), including Assertions (where they enter and benefits, of reducing costs, of wherein contractors would have a change in their size metrics and select their NAICS compliance requirements. Of the 505 new Codes) and Reps & Certs (where they certify harmonizing rules, and of promoting awards, 358 (71 percent) of these actions to the information they provided and the size flexibility. This is an economically were awarded to 198 unique small business significant regulatory action and, entities. indicator by NAICS). Of the possible 452,310 therefore, was subject to review under Data from FPDS also indicates that in FY active SAM entity registrations, 338,207 (75 section 6(b) of E.O. 12866, Regulatory 2018, there were no (0) small business percent) certified to meeting the size Planning and Review, dated September entities that had additional contract actions standard of small for their primary NAICS 30, 1993. This rule is a major rule under for educational or related institutions for Code. Therefore, this rule may be beneficial to 338,207 small business entities that submit 5 U.S.C. 804. contracts with a value exceeding $10,000, but less than or equal to $15,000 (equivalent to solicitation responses that may now fall VI. Congressional Review Act the upper bound of the expected micro- under the MPT or SAT and have streamlined purchase value for these types of institutions) procedures as a result of this rule. This rule is subject to the wherein contractors would have a change in The rule does not include additional Congressional Review Act provisions of compliance requirements. reporting or record keeping requirements. the Small Business Regulatory Data from FPDS also indicates there were There are no available alternatives to the Enforcement Fairness Act of 1996 (5 3,653 new contracts awarded in FY 2018 rule to accomplish the desired objective of U.S.C. 801 et seq.) and was transmitted with a value exceeding 150,000, but less than the statute. to the Congress and to the Comptroller or equal to $250,000 wherein contractors General for review in accordance with would have a change in compliance Interested parties may obtain a copy requirements. Of these, 2,621 (72 percent) of such provisions. of the FRFA from the Regulatory these actions were awarded to 1,680 unique Secretariat Division. The Regulatory VII. Executive Order 13771 small business entities. As mentioned previously, commercial Secretariat Division has submitted a This final rule is considered to be an items were removed from this calculation copy of the FRFA to the Chief Counsel E.O. 13771 deregulatory action. The because the simplified threshold for for Advocacy of the Small Business total annualized value of the cost commercial item awards is set at $7 million, Administration.

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40067

IX. Paperwork Reduction Act PART 3—IMPROPER BUSINESS (The requirement at 22 U.S.C. 2593e(c)(3)(B) to provide a certification The rule does not contain any PRACTICES AND PERSONAL does not apply). information collection requirements that CONFLICTS OF INTEREST * * * * * require the approval of the Office of 3.502–3 [Amended] Management and Budget under the ■ 3. Amend section 3.502–3 by 13.501 [Amended] Paperwork Reduction Act (44 U.S.C. removing ‘‘the simplified acquisition ■ chapter 35). 8. Amend section 13.501 by removing threshold’’ and adding ‘‘$150,000’’ in its from paragraph (a)(2)(ii) ‘‘$700,000’’ and List of Subjects in 48 CFR Parts 2, 3, 9, place. adding ‘‘$700,000 or the thresholds in 13, 16, 22, 25, and 52 paragraph (1) of the definition of PART 9—CONTRACTOR Government procurement. simplified acquisition threshold in QUALIFICATIONS 2.101,’’ in its place. William F. Clark, 9.104–5 [Amended] Director, Office of Government-wide PART 16—TYPES OF CONTRACTS Acquisition Policy, Office of Acquisition ■ 4. Amend section 9.104–5 by 16.206–2 [Amended] Policy, Office of Government-wide Policy. removing from paragraph (a)(2) ‘‘$3,500’’ and adding ‘‘$10,000’’ in its ■ 9. Amend section 16.206–2 by Therefore, DoD, GSA, and NASA place. removing from the introductory text amend 48 CFR parts 2, 3, 9, 13, 16, 22, ‘‘$150,000’’ and adding ‘‘the simplified 9.406–2 [Amended] 25, and 52 as set forth below: acquisition threshold’’ in its place. ■ 1. The authority citation for 48 CFR ■ 5. Amend section 9.406–2 by parts 2, 3, 9, 13, 16, 22, 25, and 52 removing from paragraph (b)(1)(v) 16.206–3 [Amended] continues to read as follows: ‘‘$3,500’’ and adding ‘‘the threshold at ■ 10. Amend section 16.206–3 by Authority: 40 U.S.C. 121(c); 10 U.S.C. 9.104–5(a)(2)’’ in its place. removing from paragraph (a) ‘‘$150,000’’ chapter 137; and 51 U.S.C. 20113. and adding ‘‘the simplified acquisition 9.407–2 [Amended] threshold’’ in its place. PART 2—DEFINITIONS OF WORDS ■ 6. Amend section 9.407–2 by AND TERMS removing from paragraph (a)(7) 16.207–3 [Amended] ‘‘$3,500’’ and adding ‘‘the threshold at ■ 11. Amend section 16.207–3 by ■ 2. Amend section 2.101, in paragraph 9.104–5(a)(2)’’ in its place. removing from paragraph (d) (b) by— ‘‘$150,000’’ and adding ‘‘the simplified ■ a. In the definition ‘‘Micro-purchase PART 13—SIMPLIFIED ACQUISITION acquisition threshold’’ in its place. threshold’’ removing from the PROCEDURES introductory text ‘‘$3,500’’ and adding PART 22—APPLICATION OF LABOR ■ 7. Amend section 13.005 by revising ‘‘$10,000’’ in its place, removing from LAWS TO GOVERNMENT paragraph (a) to read as follows: paragraph (2) the word ‘‘and’’ at the end ACQUISITIONS of the sentence, removing from 13.005 List of laws inapplicable to 22.1803 [Amended] paragraph (3)(ii) ‘‘States.’’ and adding contracts and subcontracts at or below the ‘‘States; and’’ in its place, and adding simplified acquisition threshold. ■ 12. Amend section 22.1803 by paragraph (4); and (a) The following laws are removing from the introductory text ■ b. In the definition ‘‘Simplified inapplicable to all contracts and ‘‘the simplified acquisition threshold’’ acquisition threshold’’ removing from subcontracts (if otherwise applicable to and adding ‘‘$150,000’’ in its place. the introductory text ‘‘$150,000’’ and subcontracts) at or below the simplified PART 25—FOREIGN ACQUISITION adding ‘‘$250,000’’ in its place, and acquisition threshold pursuant to 41 removing from paragraph (2) U.S.C. 1905: 25.703–2 [Amended] ‘‘$300,000’’ and adding ‘‘$500,000’’ in (1) 41 U.S.C. 8102(a)(1) (Drug-Free ■ 13. Amend section 25.703–2 by its place. Workplace), except for individuals. removing from paragraph (a)(2) (2) 10 U.S.C. 2306(b) and 41 U.S.C. The addition reads as follows: ‘‘$3,500’’ and adding ‘‘$10,000’’ in its 3901(b) (Contract Clause Regarding place. 2.101 Definitions. Contingent Fees). * * * * * (3) 10 U.S.C. 2313 and 41 U.S.C. 4706 PART 52—SOLICITATION PROVISIONS (b) * * * (Authority to Examine Books and AND CONTRACT CLAUSES Micro-purchase threshold *** Records of Contractors). (4) For acquisitions of supplies or (4) 10 U.S.C. 2402 and 41 U.S.C. 4704 ■ 14. Amend section 52.209–5 by services from institutions of higher (Prohibition on Limiting Subcontractors revising the date of the provision and education (20 U.S.C. 1001(a)) or related Direct Sales to the United States). removing from paragraph (a)(1)(i)(D) (5) 15 U.S.C. 631 note (HUBZone Act or affiliated nonprofit entities, or from introductory text ‘‘$3,500’’ and adding of 1997), except for 15 U.S.C. nonprofit research organizations or ‘‘the threshold at 9.104–5(a)(2)’’ in its 657a(b)(2)(B), which is optional for the independent research institutes— place. agencies subject to the requirements of The revision reads as follows: (i) $10,000; or the Act. (ii) A higher threshold, as determined (6) 31 U.S.C. 1354(a) (Limitation on 52.209–5 Certification Regarding appropriate by the head of the agency use of appropriated funds for contracts Responsibility Matters. and consistent with clean audit findings with entities not meeting veterans * * * * * under 31 U.S.C. chapter 75, employment reporting requirements). Certification Regarding Responsibility Requirements for Single Audits; an (7) 22 U.S.C. 2593e (Measures Against Matters (Aug 2020) internal institutional risk assessment; or Persons Involved in Activities that State law. Violate Arms Control Treaties or * * * * * * * * * * Agreements with the United States). ■ 15. Amend section 52.212–3 by—

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40068 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

■ (a) Revising the date of the provision; NDAA for FY 2017 amends 10 U.S.C. II. Discussion and Analysis and 2305(a)(3) to modify the requirement to The Civilian Agency Acquisition ■ (b) Removing from paragraph (h)(4) consider price or cost as an evaluation Council and the Defense Acquisition introductory text ‘‘$3,500’’ and adding factor for the award of certain multiple- Regulations Council (the Councils) ‘‘the threshold at 9.104–5(a)(2)’’ in its award task-order contracts issued by reviewed the public comments in the place. DoD, NASA, and the Coast Guard. development of the final rule. No The revision reads as follows: Section 825 provides that, at the significant changes were made to the 52.212–3 Offeror Representations and Government’s discretion, solicitations rule as a result of public comments. Certifications—Commercial Items. for multiple-award contracts that will be Changes were made to the final rule to awarded for the same or similar services * * * * * clarify the intent of section 825 and the and state the Government intends to rule text, as a result of public comments. Offeror Representations and award a contract to each qualifying A change is made in the final rule to Certifications—Commercial Items (Aug offeror do not require price or cost as an make the guidance in FAR subpart 4.10 2020) evaluation factor for contract award. consistent with section 825. A change is * * * * * This exception does not apply to made to a sentence in FAR 16.504 to [FR Doc. 2020–12763 Filed 7–1–20; 8:45 am] solicitations for multiple-award make the text consistent with the policy BILLING CODE 6820–EP–P contracts that provide for sole-source in FAR part 13. Changes were made to orders pursuant to 8(a) of the Small the format of the rule text to enhance Business Act (15 U.S.C. 637(a)). When readability. The definition of DEPARTMENT OF DEFENSE price or cost is not evaluated during ‘‘qualifying offeror’’ is moved from FAR contract award, the contracting officer 13.106–1 and FAR 15.304 to FAR part GENERAL SERVICES shall consider price or cost as a factor 2. Discussion of the edits and comments ADMINISTRATION for the award of each order under the are provided as follows: contract. In accordance with statute, the NATIONAL AERONAUTICS AND rule specifies that, when using the A. Summary of Changes SPACE ADMINISTRATION authority of section 825, the solicitation FAR subpart 4.10, Uniform Use of must be for the ‘‘same or similar Line Items, is amended to align 48 CFR Parts 2, 4, 13, 15, and 16 services.’’ This language aligns with the guidance on the information required [FAC 2020–07; FAR Case 2017–010; Item guidance at FAR 16.504(c)(1)(i), which for a contract line item with usage of the III; Docket No. FAR–2017–0010; Sequence requires contracting officers, to the rule. Currently, FAR 4.1005 requires No. 1] maximum extent practicable, to give price or cost to be included for each preference to making multiple awards of contract line item or subline item. In RIN 9000–AN54 indefinite-quantity contracts under a order to conform the subpart with Federal Acquisition Regulation: single solicitation for the same or section 825, the rule amends FAR Evaluation Factors for Multiple-Award similar supplies or services to two or 4.1005–2 to permit the omission of cost Contracts more sources. By ensuring that a or price at the contract line item or solicitation using the authority of subline item level when awarding AGENCY: Department of Defense (DoD), section 825 is for the ‘‘same or similar multiple-award IDIQ contracts in General Services Administration (GSA), services,’’ the contracting officer will accordance with the authority of section and National Aeronautics and Space avoid situations in which awardees 825, provided that a total contract Administration (NASA). specialize exclusively in one or a few minimum and maximum is stated, in ACTION: Final rule. areas within the statement of work, thus accordance with FAR subpart 16.5. This creating the likelihood that orders in addition does not change the intent of SUMMARY: DoD, GSA, and NASA are those areas will be awarded on a sole- the rule; instead, it conforms internal issuing a final rule amending the source basis (FAR 16.504(c)(1)(ii)(A)) Government procedures to facilitate use Federal Acquisition Regulation (FAR) to and, in turn, negating the purpose of the of the rule. implement a section of the National statute to obtain price competition at the In FAR subpart 16.5, section 16.504, Defense Authorization Act (NDAA) for task order level–where service Indefinite-Delivery Contracts, is Fiscal Year (FY) 2017. requirements are apt to be more definite amended to make the policy for the use DATES: Effective: August 3, 2020. and offers more meaningfully of the multiple-award approach FOR FURTHER INFORMATION CONTACT: Mr. comparable. consistent with the policy in FAR part Michael O. Jackson, Procurement 13. Currently, FAR 16.504(c)(1)(ii)(B)(5) Analyst, at 202–208–4949 or Section 825 also amends 10 U.S.C. states that contracting officers must not [email protected] for 2304c(b) to add the exceptions for the use the multiple award approach if the clarification of content. For information use of other than full and open estimated value of the contract is ‘‘less pertaining to status or publication competition found in FAR 6.302 to the than’’ the simplified acquisition schedules, contact the Regulatory list of exceptions to the fair opportunity threshold (SAT). This statement was Secretariat Division at 202–501–4755. process at FAR 16.505(b)(2) when included in FAR 16.504 to comply with Please cite FAC 2020–07, FAR Case placing an order under a multiple-award the policy in FAR 13.003, which 2017–010. contract. Contracting officers shall still requires the use of simplified follow all of the applicable justification SUPPLEMENTARY INFORMATION: acquisition procedures (SAP), to the documentation, approval, and posting maximum extent practicable, for I. Background requirements of part 16.5 when purchases not exceeding the SAT. This DoD, GSA, and NASA published a providing an exception to the fair rule changes the text of FAR 16.504 proposed rule at 83 FR 48271 on opportunity process and using one of from ‘‘less than’’ the SAT to ‘‘at or September 24, 2018, to implement the exceptions of FAR 6.302. below’’ the SAT, to be consistent with section 825 of the NDAA for FY 2017 Five respondents submitted the policy of FAR part 13. Paragraph (G) (Pub. L. 114–328). Section 825 of the comments on the proposed rule. at FAR 16.505(b)(2)(i) of the proposed

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40069

rule added the exceptions permitting to the contracting officer in accordance different; as such, FAR Case 2018–014, other than full and open competition to with FAR 1.108(b) and 1.102–4(b). Increasing Task Order Level the list of exceptions to the fair Comment: A respondent advised that Competition, implements section 876. opportunity process. the definition of a ‘‘qualifying offer’’ in Comment: A respondent requested At FAR 13.106–1(a)(2)(iv), paragraph the rule does not align with the statute. clarification regarding the inclusion of (A) of the proposed rule is restructured The rule requires that the proposal be language that limits the application of stating the action contracting officers ‘‘technically acceptable,’’ which is not the rule to multiple-award task-order may take when using the authority of required by the statute. contracts with a value above the section 825, and adding subparagraphs Response: The section 825 definition simplified acquisition threshold (SAT). (1)–(3), identifying the requirements a of a ‘‘qualifying offeror’’ includes Response: Currently, FAR solicitation must meet before a language that the offeror ‘‘submits a 16.504(c)(1)(ii)(B)(5) does not permit the contracting officer can take the action in proposal that conforms to the use of a multiple-award approach if the paragraph (A); at paragraph (C), the requirements of the solicitation.’’ The total estimated value of the IDIQ definition of ‘‘qualifying offeror’’ is rule refers to a ‘‘qualifying offeror’’ as an contract is less than the SAT; therefore, deleted and moved to part 2, with the offeror that ‘‘submits a technically the rule applies the authority of section addition of text clarifying the parts to acceptable proposal that conforms to the 825 to solicitations valued above the which the definition is applicable; and solicitation.’’ The terms ‘‘technically SAT. Additionally, this rule changes the the text of renumbered subparagraph (B) acceptable’’ and ‘‘conforms’’ have text of FAR 16.504 from ‘‘less than’’ the was modified to use the statutory different meanings to Government SAT to ‘‘at or below’’ the SAT, to be language that ‘‘if’’ price or cost was not contracting personnel. A proposal can consistent with the policy of FAR part an evaluation factor for award, as conform to the requirements for the 13, which requires the use of SAP for opposed to ‘‘whether or not’’ price or solicitation (e.g., meeting a required acquisitions valued at or below the SAT. Comment: A respondent expressed cost was evaluated. Similar changes are page limit or proposal format), but not support for establishing fair and made at FAR 15.304(c)(1)(ii). These demonstrate that the offeror can meet reasonable rates at the time of contract revisions simply clarify the intent, the stated technical requirements (e.g., having necessary certifications or award. The respondent recommends readability, and applicability of the rule offering the requisite services) of the modifying the rule to require an and section 825. Government. This clarification ensures evaluation of fair and reasonable pricing B. Analysis of Public Comments contracting officers, when using the when awarding an IDIQ contract. The authorities in section 825, also evaluate respondent advises that establishing Comment: A respondent expressed whether a proposal meets the minimum maximum thresholds for price or cost at concern that the rule is not compliant technical requirements stated in the the time of contract award would still with the implementing statute, because solicitation. allow for competition at the task-order the rule does not include the term Comment: A respondent expressed level, while assuring that the ‘‘qualifying offeror,’’ as used in section concern that the rule is requiring the Government will subsequently receive 825. evaluation of price or cost in every fair and reasonably priced offers for Response: The definition of source selection at FAR 15.304(c)(1)(i). requirements at the task- and delivery- ‘‘qualifying offeror’’ is taken directly Response: FAR 15.304(c)(1) currently order level. Another respondent from the statute and included in the states that price or cost shall be expressed concern about the increased final rule at FAR 2.101, 13.106– evaluated in every source selection time and labor to be expended by a 1(a)(2)(iv)(A)(3), and conducted under the negotiated contracting officer placing an order 15.304(c)(1)(ii)(A)(3). This requirement acquisition procedures of FAR part 15. under a multi-agency contract (MAC) helps to ensure there will be sufficient The cited language was already in the awarded using the authority of section contract holders submitting offers for FAR. The rule relocates the text at FAR 825, as certain pricing information will task orders. 15.304(c)(1) to a new subparagraph (i) no longer be available to support market Comment: A respondent advised that with a reference to the new research activities and associated use of the term ‘‘head of the agency’’ in subparagraph (ii)(A), which includes the acquisition decisions. section 825 makes the statute exception to considering price or cost Response: The rule implements the impractical for use by the contracting when DoD, NASA, or the Coast Guard intent of the statute. Section 825 community, because the ‘‘head of the are using the authority of section 825. provides DoD, NASA, and Coast Guard agency’’ does not typically issue Comment: A respondent suggested contracting officers with the ability not solicitations. The respondent that the rule be expanded to include the to include price or cost as an evaluation recommended amending the statutory authority granted under section 876 of factor in certain solicitations for language to implement section 825 the NDAA for FY 2019. multiple-award contracts, if specific effectively. Response: Section 876 of the John S. conditions are met. When determining Response: Section 825 is McCain National Defense Authorization whether to use the authority of section implemented in the FAR effectively Act for Fiscal Year 2019 amends Title 825 or place an order under a resulting without a change to the statutory 41 of United States Code to provide contract, a contracting officer must language. Unless otherwise stated in executive agencies with the consider all of the circumstances and statute, the head of the agency may discretionary authority not to include available information relating to the delegate procurement responsibilities to price as an evaluation factor in certain acquisition to decide the most another officer or official in the same solicitations for multiple-award and appropriate procurement approach. agency (see FAR 1.108(b)). FAR 1.102– Federal Supply Schedule contracts, Contracting officers are not required to 4(b) further requires decision-making when specific conditions are met. use the authority of section 825 and authority to be delegated to the lowest Section 825 amends Title 10 of the may, instead, use the current level within the FAR System, consistent U.S.C. to implement a similar, but not solicitation, evaluation, and award with law. As section 825 does not the same, authority for DoD, NASA, and procedures, which require that price be prohibit delegation by the head of the the Coast Guard. The authority and determined fair and reasonable prior to agency, this rule delegates this authority applicability of these sections are contract award.

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40070 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

In regard to the applicability of the provides information on the number of small rule to MACs, a MAC is a task-order or Present Value Costs ...... ¥$4,813,740 business entities that received an award delivery-order contract established by Annualized Costs ...... ¥336,962 resulting from a multiple-award solicitation one agency for use by Government Annualized Value Costs as for services issued by DoD, NASA, and the of 2016 if Year 1 is 2019 ¥275,061 Coast Guard. According to data from FPDS agencies to obtain supplies and services, for FY 2015 through 2017, DoD, NASA, and consistent with the Economy Act. This To access the full regulatory cost the Coast Guard awarded an average of 1,905 rule applies to multiple award contracts, analysis for this rule, go to the Federal multiple-award indefinite-delivery which are: Contracts issued under the eRulemaking Portal at indefinite-quantity (IDIQ) contracts for Multiple Award Schedule (MAS) www.regulations.gov, search for ‘‘FAR services, and of those 1,905 contracts, an authority described in FAR part 38; case 2017–010,’’ click ‘‘Open Docket,’’ average of 1,292 contracts were awarded to multiple-award task-order or delivery- and view ‘‘Supporting Documents.’’ 1,144 unique small business entities order contracts issued in accordance annually. The Government expects the V. Executive Orders 12866 and 13563 with FAR subpart 16.5; or other number of small business entities impacted by the rule to be slightly larger than this indefinite-delivery indefinite-quantity E.O.s 12866 and 13563 direct agencies to assess all costs and benefits of estimate, as the data does not capture the contracts entered into with two or more small business entities that submit offers to sources pursuant to the same available regulatory alternatives and, if applicable solicitations, but do not receive an solicitation. A multiple award contract regulation is necessary, to select award. This rule impacts all entities that may also be a MAC, but the two terms regulatory approaches that maximize submit offers in response to multiple-award are not interchangeable in identifying net benefits (including potential solicitations for services that utilize the the same set of contracts. To avoid any economic, environmental, public health authority of section 825 issued by DoD, potential confusion when applying and safety effects, distributive impacts, NASA, and the Coast Guard. section 825, some paragraphs of the rule and equity). E.O. 13563 emphasizes the This rule does not include any new reporting, recordkeeping, or other text are renumbered to reinforce their importance of quantifying both costs and benefits, of reducing costs, of compliance requirements. There are no applicability to section 825 and make known significant alternative approaches to the text more readable. harmonizing rules, and of promoting the rule that would meet the requirements of flexibility. This is not a significant the applicable statute. III. Applicability to Contracts at or regulatory action and, therefore, was not Below the Simplified Acquisition subject to review under section 6(b) of Interested parties may obtain a copy Threshold and for Commercial Items, E.O. 12866, Regulatory Planning and of the FRFA from the Regulatory Including Commercially Available Off- Review, dated September 30, 1993. This Secretariat. The Regulatory Secretariat the-Shelf (COTS) Items rule is not a major rule under 5 U.S.C. has submitted a copy of the FRFA to the 804. Chief Counsel for Advocacy of the Small This rule does not contain any Business Administration. solicitation provisions or contract VI. Executive Order 13771 VIII. Paperwork Reduction Act clauses that apply to contracts at or This rule is not subject to E.O. 13771, below the SAT, or contracts for the because this rule is not a significant The rule does not contain any acquisition of commercial items, regulatory action under E.O. 12866. information collection requirements that including commercially available off- However, this rule is considered to be require the approval of the Office of the-shelf items. a deregulatory action. Details on the Management and Budget under the estimated cost savings can be found in Paperwork Reduction Act (44 U.S.C. IV. Expected Cost Savings Section IV of this rule. chapter 35). Currently, contracting officers must VII. Regulatory Flexibility Act List of Subjects in 48 CFR Parts 2, 4, 13, evaluate price or cost as a factor in the DoD, GSA, and NASA do not expect 15, and 16 selection decision for both the award of this rule to have a significant economic the multiple-award contract and each Government procurement. impact on a substantial number of small order placed against the multiple-award entities within the meaning of the William F. Clark, contract. When applied to applicable Regulatory Flexibility Act, 5 U.S.C. 601, Director, Office of Government-wide multiple-award solicitations, this rule et seq. However, a Final Regulatory Acquisition Policy, Office of Acquisition alleviates offerors’ need to gather and Policy, Office of Government-wide Policy. Flexibility Analysis (FRFA) has been analyze internal cost or pricing prepared and is summarized as follows: Therefore, DoD, GSA, and NASA information or propose a price or cost The reason for this action is to implement amend 48 CFR parts 2, 4, 13, 15, and 16 for each line item in the solicitation. as set forth below: Subsequently, contracting officers do section 825 of the National Defense ■ not need to review, analyze, and Authorization Act (NDAA) for Fiscal Year 1. The authority citation for 48 CFR (FY) 2017 (Pub. L. 114–328). The objective of determine in writing that the proposed parts 2, 4, 13, 15, and 16 continues to this rule is to permit contracting officers to read as follows: costs and prices are fair and reasonable omit price or cost as an evaluation factor for for the award of the multiple-award award in certain solicitations for multiple- Authority: 40 U.S.C. 121(c); 10 U.S.C. contracts. When used, this rule impacts award contracts, if certain conditions are chapter 137; and 51 U.S.C. 20113. all offerors responding to a solicitation met. When applied to applicable multiple- for a multiple-award contract for the award solicitations, this rule alleviates PART 2—DEFINITIONS OF WORDS same or similar services issued by the offerors’ need to gather and analyze internal AND TERMS cost or pricing information or propose a price DoD, NASA, or the Coast Guard. or cost for each line item in the solicitation. ■ 2. In section 2.101, amend paragraph The Government has performed a No public comments were received in (b) by adding the defined term regulatory cost analysis on this rule. The response to the initial regulatory flexibility ‘‘Qualifying offeror’’ in alphabetical analysis. following is a summary of the estimated order to read as follows: public cost savings in millions, which DoD, GSA, and NASA do not have data on the total number of small business entities 2.101 Definitions. are calculated in 2016 dollars at a 7 that respond to multiple-award solicitations percent discount rate: for the same or similar services. However, the * * * * * Federal Procurement Data System (FPDS)

VerDate Sep<11>2014 22:44 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40071

(b) * * * (1) Has an estimated value above the apply to solicitations for multiple-award Qualifying offeror, as used in 13.106– simplified acquisition threshold; contracts that provide for sole source 1 and 15.304, means an offeror that is (2) Will result in multiple-award orders pursuant to section 8(a) of the determined to be a responsible source, contracts (see subpart 16.5) that are for Small Business Act (15 U.S.C. 637(a)). submits a technically acceptable the same or similar services; and * * * * * proposal that conforms to the (3) States that the Government intends (e) Unless the exception at paragraph requirements of the solicitation, and the to make an award to each and all (c)(1)(ii)(A) of this section applies, the contracting officer has no reason to qualifying offerors (see 2.101). solicitation shall also state, at a believe would be likely to offer other (B) If the contracting officer chooses minimum, whether all evaluation than fair and reasonable pricing (10 not to include price or cost as an factors other than cost or price, when U.S.C. 2305(a)(3)(D)). evaluation factor for the contract award, combined, are— * * * * * in accordance with paragraph * * * * * (a)(2)(iv)(A) of this section, the PART 4—ADMINISTRATIVE AND contracting officer shall consider price PART 16—TYPES OF CONTRACTS INFORMATION MATTERS or cost as one of the factors in the selection decision for each order placed 16.504 [Amended] ■ 3. Amend section 4.1005–2 by under the contract. ■ 6. Amend section 16.504 by removing revising paragraph (a)(2) to read as (C) The exception in paragraph from paragraph (c)(1)(ii)(B)(5) ‘‘is less follows: (a)(2)(iv)(A) of this section shall not than the simplified’’ and adding ‘‘is at 4.1005–2 Exceptions. apply to solicitations for multiple-award or below the simplified’’ in its place. contracts that provide for sole source (a) * * * ■ 7. Amend section 16.505 by adding orders pursuant to section 8(a) of the paragraph (b)(2)(i)(G); and removing (2) Indefinite-delivery indefinite- Small Business Act (15 U.S.C. 637(a)). quantity (IDIQ) and requirements from paragraph (b)(2)(ii)(B)(10) contracts. (i) IDIQ and requirements PART 15—CONTRACTING BY ‘‘(b)(2)(i)(A) through (E) of’’ and adding contracts may omit the quantity at the NEGOTIATION ‘‘(b)(2)(i)(A) through (E) and (G) of’’ in line item level for the base award its place. provided that the total contract ■ 5. Amend section 15.304 by revising The addition reads as follows: minimum and maximum, or the paragraph (c)(1) and paragraph (e) 16.505 Ordering. estimate, respectively, is stated. introductory text to read as follows: (ii) Multiple-award IDIQ contracts * * * * * 15.304 Evaluation factors and significant (b) * * * awarded using the procedures at subfactors. 13.106–1(a)(2)(iv)(A) or (2) * * * 15.304(c)(1)(ii)(A) may omit price or * * * * * (i) * * * cost at the line item or subline item (c) * * * (G) For DoD, NASA, and the Coast level for the contract award, provided (1)(i) Price or cost to the Government Guard, the order satisfies one of the that the total contract minimum and shall be evaluated in every source exceptions permitting the use of other maximum is stated (see 16.504(a)(1)). selection (10 U.S.C. 2305(a)(3)(A)(ii) and than full and open competition listed in 41 U.S.C. 3306(c)(1)(B)) (also see part 36 6.302 (10 U.S.C. 2304c(b)(5)). The * * * * * for architect-engineer contracts), subject public interest exception shall not be PART 13—SIMPLIFIED ACQUISITION to the exception listed in paragraph used unless Congress is notified in PROCEDURES (c)(1)(ii)(A) of this section for use by accordance with 10 U.S.C. 2304(c)(7). DoD, NASA, and the Coast Guard. * * * * * ■ 4. Amend section 13.106–1 by (ii) In accordance with 10 U.S.C. [FR Doc. 2020–12764 Filed 7–1–20; 8:45 am] revising paragraph (a)(2) to read as 2305(a)(3), for DoD, NASA, and the BILLING CODE 6820–EP–P follows: Coast Guard— (A) The contracting officer may 13.106–1 Soliciting competition. choose not to include price or cost as an DEPARTMENT OF DEFENSE (a) * * * evaluation factor for award when a (2)(i) When soliciting quotations or solicitation— GENERAL SERVICES offers, the contracting officer shall (1) Has an estimated value above the ADMINISTRATION notify potential quoters or offerors of the simplified acquisition threshold; basis on which award will be made (2) Will result in multiple-award NATIONAL AERONAUTICS AND (price alone or price and other factors, contracts (see subpart 16.5) that are for SPACE ADMINISTRATION e.g., past performance and quality). the same or similar services; and (ii) Contracting officers are (3) States that the Government intends 48 CFR Parts 14, 15, 30, and 52 encouraged to use best value. to make an award to each and all [FAC 2020–07; FAR Case 2018–005; Item (iii) Solicitations are not required to qualifying offerors (see 2.101). IV; Docket No. FAR–2018–0006, Sequence state the relative importance assigned to (B) If the contracting officer chooses No. 1] each evaluation factor and subfactor, not to include price or cost as an nor are they required to include evaluation factor for the contract award, RIN 9000–AN69 subfactors. in accordance with paragraph Federal Acquisition Regulation: (iv) In accordance with 10 U.S.C. (c)(1)(ii)(A) of this section, the Modifications to Cost or Pricing Data 2305(a)(3), for DoD, NASA, and the contracting officer shall consider price Requirements Coast Guard— or cost as one of the factors in the (A) The contracting officer may selection decision for each order placed AGENCY: Department of Defense (DoD), choose not to include price or cost as an under the contract. General Services Administration (GSA), evaluation factor for award when a (C) The exception in paragraph and National Aeronautics and Space solicitation— (c)(1)(ii)(A) of this section shall not Administration (NASA).

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40072 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

ACTION: Final rule. FR 52428, to increase the threshold for the NDAA for FY 2018 that amends 10 requesting certified cost or pricing data U.S.C. 2306a and 41 U.S.C. 3502. SUMMARY: DoD, GSA, and NASA are from $750,000 to $2 million for Comment: One respondent suggested issuing a final rule amending the contracts entered into after June 30, Federal Acquisition Regulation (FAR) to revision of FAR 15.403–4(a)(3) to reflect 2018. The threshold for Cost Accounting the $2 million threshold for both prime implement a section of the National Standards applicability is required by Defense Authorization Act for Fiscal contracts and subcontracts entered into 41 U.S.C. 1502(b)(1)(B) to be the same on and after July 1, 2018, to ensure Year 2018 to increase the threshold for threshold as the one for requesting requiring certified cost or pricing data. consistency across the entire Truth in certified cost or pricing data. Negotiations Act certification process. DATES: This FAR change implements section Effective: August 3, 2020. 811 of the National Defense Response: The Councils cannot accept Applicability: In the case of a change Authorization Act (NDAA) for Fiscal the suggestion because it is not or modification made to a prime Year (FY) 2018 (Pub. L. 115–91) that consistent with the statute being contract that was entered into before amends 10 U.S.C. 2306a and 41 U.S.C. implemented. July 1, 2018, the threshold for obtaining 3502. Cost or Pricing Data: Truth in C. Other Changes certified cost or pricing data remains Negotiations, 10 U.S.C. 2306a, and $750,000, with the following exception. Required cost or pricing data and Some changes included in the Upon the request of a contractor that certification, 41 U.S.C. 3502, require was required to submit certified cost or proposed rule are no longer necessary that the Government obtain certified pricing data in connection with a prime because of publication of the final rule cost or pricing data for certain contract contract entered into before July 1, 2018, under FAR Case 2018–007, FAC 2020– actions listed at 15.403–4(a)(1), such as the contracting officer shall modify the 006, on May 6, 2020, effective June 5, negotiated contracts, certain contract without requiring consideration 2020. subcontracts and certain contract to reflect a $2 million threshold for modifications. Two respondents III. Expected Impact of the Final Rule obtaining certified cost or pricing data submitted comments on the proposed and Proposed Cost Savings from subcontractors. Similarly for rule. sealed bidding, upon request by a DoD, GSA, and NASA have performed contractor, the contracting officer shall II. Discussion and Analysis a regulatory cost analysis on this rule. modify the contract without requiring The Civilian Agency Acquisition The following is a summary of the consideration to replace the relevant Council and the Defense Acquisition estimated public and Government cost clause. (See FAR 14.201–7(c)(1)(ii) and Regulations Council (the Councils) savings. This rule will impact large and 15.408). reviewed the public comments in the small businesses which currently FOR FURTHER INFORMATION CONTACT: Ms. development of the final rule. A compete on solicitations issued using Zenaida Delgado, Procurement Analyst, discussion of the comments is provided FAR part 15 negotiation procedures and at 202–969–7207 or zenaida.delgado@ as follows: are valued between $750,000 and $2 gsa.gov for clarification of content. For million as these firms will no longer be information pertaining to status or A. Summary of Changes required to submit certified cost or publication schedules, contact the There are no changes as a result of pricing data between those amounts. In Regulatory Secretariat Division at 202– comments on the proposed rule. addition, because of the comparable 501–4755 or [email protected]. increase in the cost accounting Please cite FAC 2020–07, FAR Case B. Analysis of Public Comments standards threshold, fewer contractors 2018–005. Comment: One respondent opposed will be required to comply with FAR SUPPLEMENTARY INFORMATION: the proposed rule and believed it will clauses that implement the cost result in higher prices to the accounting standards. The following is I. Background Government. a summary of the estimated cost savings DoD, GSA, and NASA published a Response: This FAR change is calculated in 2016 dollars at a 7-percent proposed rule on October 2, 2019, at 84 required to implement section 811 of discount rate and in perpetuity:

Summary Public Government Total

Present Value Cost Savings ...... ¥$588,988,385 ¥$90,669,628 ¥$679,658,013 Annualized Cost Savings ...... ¥41,229,187 ¥6,346,874 ¥47,576,061 Annualized Value Cost Savings as of 2016 if Year 1 is 2020 ...... ¥31,453,549 ¥4,841,999 ¥36,295,548

To access the full Regulatory Cost acquisition threshold or to contracts for quantifying both costs and benefits, of Analysis for this rule, go to the Federal the acquisition of commercial items. reducing costs, of harmonizing rules, eRulemaking Portal at and of promoting flexibility. This is not V. Executive Orders 12866 and 13563 www.regulations.gov, search for ‘‘FAR a significant regulatory action and, Case 2018–005,’’ click ‘‘Open Docket,’’ Executive Orders (E.O.s) 12866 and therefore, is not subject to review under and view ‘‘Supporting Documents.’’ 13563 direct agencies to assess all costs section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September IV. Applicability to Contracts at or and benefits of available regulatory 30, 1993. This rule is not a major rule Below the Simplified Acquisition alternatives and, if regulation is under 5 U.S.C. 804. Threshold and for Commercial Items, necessary, to select approaches that Including Commercially Available Off- maximize net benefits (including VI. Executive Order 13771 the-Shelf Items potential economic, environmental, public health and safety effects, This final rule is considered to be an The changes are not applicable to distributive impacts, and equity). E.O. E.O. 13771 deregulatory action. The contracts at or below the simplified 13563 emphasizes the importance of total annualized value of the cost

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40073

savings is ¥$36,295,548 (as of 2016 if entities will be beneficial, as it will relieve the threshold for submission of certified Year 1 is 2020). Details on the estimated them of the requirement to provide certified cost or pricing data at 15.403–4(a)(1); or cost savings can be found in section III cost or pricing data when the acquisition is (ii) Upon request of a contractor in of this preamble. less than $2 million. Instead, in most cases connection with a prime contract they would submit data other than certified entered into before July 1, 2018, the VII. Regulatory Flexibility Act cost or pricing data which is estimated to save 40 hours of labor effort and related cost contracting officer shall modify the DoD, GSA, and NASA have prepared savings for each submission not requiring contract without requiring consideration a Final Regulatory Flexibility Analysis certification. to replace clause 52.214–28, (FRFA) consistent with the Regulatory Subcontractor Certified Cost or Pricing Interested parties may obtain a copy Flexibility Act, 5 U.S.C. 601, et seq. The Data—Modifications—Sealed Bidding, of the FRFA from the Regulatory FRFA is summarized as follows: with its Alternate I. Secretariat Division. The Regulatory This rule is required to implement section Secretariat Division has submitted a * * * * * 811 of the National Defense Authorization Act for Fiscal Year 2018 which amends 10 copy of the FRFA to the Chief Counsel PART 15—CONTRACTING BY U.S.C. 2306a and 41 U.S.C. 3502 to increase for Advocacy of the Small Business NEGOTIATION the threshold for requesting certified cost or Administration. pricing data from $750,000 to $2 million. The VIII. Paperwork Reduction Act ■ 3. Amend section 15.403–4 by— threshold for Cost Accounting Standards ■ a. Revising the third sentence of applicability is required by 41 U.S.C. The Paperwork Reduction Act (44 1502(b)(1)(B) to be the same threshold as the paragraph (a)(1) introductory text; U.S.C. Chapter 35) does apply. The rule ■ b. Revising the second sentence of one for requesting certified cost or pricing contains information collection data. paragraph (a)(1)(iii) introductory text; requirements. OMB has cleared this There were no significant issues raised by and information collection requirement the public in response to the initial ■ c. Adding paragraph (a)(3). under OMB Control Numbers: 9000– regulatory flexibility analysis. The revisions and addition read as 0013, Certified Cost or Pricing Data and This rule will impact small entities who follows: compete on solicitations issued using FAR Data Other Than Certified Cost or part 15, Contracting by Negotiation, valued Pricing Data, and 9000–0129, Cost 15.403–4 Requiring certified cost or between $750,000 and $2 million. It also Accounting Standards Administration. pricing data (10 U.S.C. 2306a and 41 U.S.C. impacts subcontracts and contract No comments were received on the chapter 35). modifications, including those contracts awarded under sealed bidding procedures, revision to OMB Control Number 9000– (a)(1) * * * The threshold for valued between $750,000 and $2 million. 0013 that was provided in the proposed obtaining certified cost or pricing data is Offerors and contractors under the revised rule. The annual reporting burden under $750,000 for prime contracts awarded threshold will no longer be required to OMB Control Number 9000–0129 was before July 1, 2018, and $2 million for submit ‘‘certified cost or pricing data’’ and revised using the $2 million threshold; prime contracts awarded on or after July will now submit ‘‘data other than certified a 30-day notice was published on 1, 2018. * * * cost or pricing data,’’ which takes less time October 8, 2019, at 84 FR 53727. to prepare. * * * * * In order to calculate the savings due to the List of Subjects in 48 CFR Parts 14, 15, (iii) * * * Price adjustment amounts increased threshold, the same FY 2016 30, and 52 must consider both increases and Federal Procurement Data System (FPDS) decreases (e.g., a $500,000 modification data was utilized that was used to calculate Government procurement. resulting from a reduction of $1,500,000 information collection burdens associated William F. Clark, and an increase of $1,000,000 is a with submission of certified cost or pricing $2,500,000 pricing adjustment data and of data other than certified cost or Director, Office of Government-wide pricing data under the Office of Management Acquisition Policy, Office of Acquisition exceeding the $2,000,000 threshold). and Budget (OMB) Control Number 9000– Policy, Office of Government-wide Policy. *** 0013, which was cleared in January 2018. For Therefore, DoD, GSA, and NASA * * * * * contracts and orders awarded using FAR part amend 48 CFR parts 14, 15, 30, and 52 (3) Upon the request of a contractor 15 that were valued between $750,000 and $2 as set forth below: that was required to submit certified million, reflecting the actions impacted by cost or pricing data in connection with ■ 1. The authority citation for parts 14, the increase in the threshold, there were a prime contract entered into before July 2,697 contract awards/orders issued, 636 15, 30, and 52 continues to read as 1, 2018, the contracting officer shall modifications to contracts or orders, an follows: estimated 1,288 subcontracts awarded, and modify the contract, without requiring 592 subcontract modifications. Of these Authority: 40 U.S.C. 121(c); 10 U.S.C. consideration, to reflect a $2 million responses, 3,364 were from small entities. Of chapter 137; and 51 U.S.C. 20113. threshold for obtaining certified cost or the 1,871 small entities that were awarded PART 14—SEALED BIDDING pricing data on subcontracts entered on contracts or issued orders, 1,501 were unique and after July 1, 2018. See 15.408. small entities (about 1.25 contracts/orders per small entity). We estimate a comparable ■ 2. Amend section 14.201–7 by * * * * * ratio of actions to entities in the other revising paragraph (c)(1) to read as ■ 4. Amend section 15.408 by revising categories. This ratio is less than the overall follows: paragraphs (d) and (e) to read as follows: ratio of actions to entities because this is just a small slice of the total range covered by the 14.201–7 Contract clauses. 15.408 Solicitation provisions and information collection clearance. The cost * * * * * contract clauses. accounting standards do not apply to small (c)(1) When contracting by sealed * * * * * entities, therefore that threshold change only bidding, the contracting officer shall— (d) Subcontractor Certified Cost or affects other than small entities. The rule does not include additional (i) Insert the clause at 52.214–28, Pricing Data. The contracting officer reporting or record keeping requirements. Subcontractor Certified Cost or Pricing shall— There are no available alternatives to the Data—Modifications—Sealed Bidding, (1) Insert the clause at 52.215–12, rule to accomplish the desired objective of in solicitations and contracts if the Subcontractor Certified Cost or Pricing the statute. However, the impact on small contract amount is expected to exceed Data, in solicitations and contracts

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40074 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

when the clause prescribed in paragraph information reasonably required to explain paragraphs (a), (b), and (d) for paragraphs (a), (b) of this section is included; or the subcontractor’s estimating process such (b), and (d) of the basic clause: (2) Upon the request of a contractor as the judgmental factors applied and the (a) The requirements of paragraphs (b) and that was required to submit certified mathematical or other methods used in the (c) of this clause shall— estimate, including those used in projecting (1) Become operative only for any cost or pricing data in connection with from known data, and the nature and amount modification to this contract involving a prime contract entered into before July of any contingencies included in the price)— 1, 2018, the contracting officer shall (1) Before modifying any subcontract that aggregate increases and/or decreases in costs, modify the contract without requiring was awarded prior to July 1, 2018, involving plus applicable profits, expected to exceed consideration, to replace clause 52.215– a pricing adjustment expected to exceed the threshold for submission of certified cost 12, Subcontractor Certified Cost or $750,000; or or pricing data at FAR 15.403–4(a)(1); and Pricing Data, with its Alternate I. (2) Before awarding any subcontract (2) Be limited to such modifications. (e) Subcontractor Certified Cost or expected to exceed $2 million on or after July (b) Unless an exception under FAR 15.403– Pricing Data—Modifications. The 1, 2018, or modifying any subcontract that 1 applies, the Contractor shall require the was awarded on or after July 1, 2018, contracting officer shall— subcontractor to submit certified cost or involving a pricing adjustment expected to pricing data (actually or by specific (1) Insert the clause at 52.215–13, exceed $2 million. Subcontractor Certified Cost or Pricing identification in writing), in accordance with Data—Modifications, in solicitations ■ 7. Amend section 52.215–12 by— FAR 15.408, Table 15–2 (to include any and contracts when the clause ■ a. Removing from the clause information reasonably required to explain prescribed in paragraph (c) of this prescription ‘‘15.408(d)’’ and adding the subcontractor’s estimating process such section is included; or ‘‘15.408(d)(1)’’ in its place; and as the judgmental factors applied and the ■ (2) Upon the request of a contractor b. Adding Alternate I. mathematical or other methods used in the that was required to submit certified The addition reads as follows: estimate, including those used in projecting from known data, and the nature and amount cost or pricing data in connection with 52.215–12 Subcontractor Certified Cost or of any contingencies included in the price)— a prime contract entered into before July Pricing Data. (1) Before modifying any subcontract that 1, 2018, the contracting officer shall * * * * * modify the contract without requiring was awarded prior to July 1, 2018, involving consideration, to replace clause 52.215– Subcontractor Certified Cost or Pricing Data a pricing adjustment expected to exceed $750,000; or 13, Subcontractor Certified Cost or (May 2020) (2) Before modifying any subcontract that Pricing Data—Modifications, with its * * * * * was awarded on or after July 1, 2018, Alternate I. Alternate I (AUG 20). As prescribed in 15.408(d)(2), substitute the following involving a pricing adjustment expected to * * * * * paragraph (a) in place of paragraph (a) of the exceed $2 million. basic clause: (d) The Contractor shall insert the PART 30—COST ACCOUNTING (a) Unless an exception under FAR 15.403– substance of this clause, including this STANDARDS ADMINISTRATION 1 applies, the Contractor shall require the paragraph (d), in each subcontract that subcontractor to submit certified cost or 30.201–4 [Amended] exceeds $2 million. pricing data (actually or by specific ■ 5. Amend section 30.201–4, in identification in writing), in accordance with 52.230–2 [Amended] paragraph (b)(1), by removing FAR 15.408, Table 15–2 (to include any ‘‘$750,000’’ and adding ‘‘$2 million’’ in information reasonably required to explain ■ 9. Amend section 52.230–2 by its place. the subcontractor’s estimating process such removing from the clause prescription as the judgmental factors applied and the ‘‘30.201–4(a)’’ and adding ‘‘30.201– mathematical or other methods used in the PART 52—SOLICITATION PROVISIONS 4(a)(1)’’ in its place. AND CONTRACT CLAUSES estimate, including those used in projecting from known data, and the nature and amount 52.230–4 [Amended] ■ 6. Amend section 52.214–28 by— of any contingencies included in the price)— (1) Before modifying any subcontract that ■ a. Removing from the clause ■ 10. Amend section 52.230–4 by was awarded prior to July 1, 2018, involving removing from the clause prescription prescription ‘‘14.201–7(c)’’ and adding a pricing adjustment expected to exceed ‘‘14.201–7(c)(1)(i)’’ in its place; and $750,000; or ‘‘30.201–4(c)’’ and adding ‘‘30.201– ■ b. Adding Alternate I. (2) Before awarding any subcontract 4(c)(1)’’ in its place. The addition reads as follows: expected to exceed $2 million on or after July 1, 2018, or modifying any subcontract that 52.230–5 [Amended] 52.214–28 Subcontractor Certified Cost or was awarded on or after July 1, 2018, ■ Pricing Data—Modifications—Sealed involving a pricing adjustment expected to 11. Amend section 52.230–5 by Bidding. exceed $2 million. removing from the clause prescription * * * * * ‘‘30.201–4(e)’’ and adding ‘‘30.201– ■ 8. Amend section 52.215–13 by— 4(e)(1)’’ in its place. Subcontractor Certified Cost or Pricing ■ a. Removing from the clause Data—Modifications—Sealed Bidding (May prescription ‘‘15.408(e)’’ and adding [FR Doc. 2020–12765 Filed 7–1–20; 8:45 am] 2020) ‘‘15.408(e)(1)’’ in its place; and BILLING CODE 6820– EP–P * * * * * ■ b. Adding Alternate I. Alternate I (AUG 20). As prescribed in The addition reads as follows: 14.201–7(c)(1)(ii), substitute the following paragraph (b) in place of paragraph (b) of the 52.215–13 Subcontractor Certified Cost or basic clause: Pricing Data—Modifications. (b) Unless an exception under FAR 15.403– * * * * * 1(b) applies, the Contractor shall require the subcontractor to submit certified cost or Subcontractor Certified Cost or Pricing pricing data (actually or by specific Data—Modifications (May 2020) identification in writing), as part of the * * * * * subcontractor’s proposal in accordance with Alternate I (AUG 20). As prescribed in FAR 15.408, Table 15–2 (to include any 15.408(e)(2), substitute the following

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00016 Fmt 4701 Sfmt 9990 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40075

DEPARTMENT OF DEFENSE As part of today’s business (including potential economic, environment, the Government and environmental, public health and safety GENERAL SERVICES Federal contractors frequently use effects, distributive impacts, and ADMINISTRATION email, fax (via computer, online service, equity). E.O. 13563 emphasizes the or machine), or other electronic importance of quantifying both costs NATIONAL AERONAUTICS AND commerce methods to communicate and benefits, of reducing costs, of SPACE ADMINISTRATION with one another. In an effort to reflect harmonizing rules, and of promoting current business practices and maintain flexibility. This is not a significant 48 CFR Part 52 speed and efficiency in the ordering regulatory action and, therefore, was not process, this rule updates FAR clause subject to review under section 6(b) of [FAC 2020–07; FAR Case 2018–022; Item 52.216–18 to no longer require a E.O. 12866, Regulatory Planning and V; Docket No. FAR–2019–0010; Sequence separate authorization in the contract to No. 1] Review, dated September 30, 1993. This use electronic commerce or fax to issue rule is not a major rule under 5 U.S.C. RIN 9000–AN80 task or delivery orders. The rule also 804. identifies when a task or delivery order Federal Acquisition Regulation: Orders is considered ‘‘issued’’ when using such V. Executive Order 13771 Issued via Fax or Electronic Commerce methods. As a result, contracting This rule is not subject to E.O. 13771, officers will no longer need to include because this rule is not a significant AGENCY: Department of Defense (DoD), supplemental ordering language in the regulatory action under E.O. 12866. General Services Administration (GSA), contract when anticipating the use of VI. Regulatory Flexibility Act and National Aeronautics and Space fax or electronic commerce to issue task Administration (NASA). or delivery orders. Ordering information DoD, GSA, and NASA have prepared ACTION: Final rule. will be located in one place in the a Final Regulatory Flexibility Analysis contract. A common understanding of (FRFA) consistent with the Regulatory SUMMARY: DoD, GSA, and NASA are when a task or delivery order is Flexibility Act, 5 U.S.C. 601, et seq. The issuing a final rule amending a Federal considered issued, in such situations, FRFA is summarized as follows: Acquisition Regulation (FAR) clause to will be applied Governmentwide. The Department of Defense (DoD), General permit the issuance of task or delivery As task or delivery orders are not Services Administration (GSA), and National orders via facsimile or electronic issued orally as frequently as other Aeronautics and Space Administration commerce and clarify when an order is issuance methods and the use of such a (NASA) are amending a Federal Acquisition considered ‘‘issued’’ when using these method is dependent upon the Regulation (FAR) clause to automatically methods. particular circumstances of the permit the issuance of task or delivery orders procurement, the authority to issue via fax or electronic commerce, without DATES: Effective: August 3, 2020. additional authorization text in the contract FOR FURTHER INFORMATION CONTACT: Mr. orders orally must still be separately and to clarify when an order is considered to Curtis E. Glover, Sr., Procurement authorized under the contract and is not be ‘‘issued’’ when using these methods. The Analyst, at (202) 501–1448 or being amended by this rule. objective of the rule is to update the clause [email protected] for clarification of II. Discussion and Analysis to reflect current business practices and content. For information pertaining to maintain speed and efficiency when issuing The Civilian Agency Acquisition status or publication schedules, contact task and delivery orders under a contract. Council and the Defense Acquisition No public comments were received in the Regulatory Secretariat Division at Regulations Council (the Councils) response to the initial regulatory flexibility (202) 501–4755. Please cite FAC 2020– reviewed the public comments in the analysis. DoD, GSA, and NASA do not expect 07, FAR Case 2018–022. development of the final rule. Both this rule to have a significant economic SUPPLEMENTARY INFORMATION: comments were outside of the scope of impact on a substantial number of small entities within the meaning of the Regulatory I. Background this rule and no changes were made to Flexibility Act, 5 U.S.C. 601, et seq. The rule the final rule as a result of public simply formalizes a current business DoD, GSA, and NASA published a comments. proposed rule in the Federal Register at practice. The Government does not collect III. Applicability to Contracts at or data on the total number of task and delivery 84 FR 44270 on August 23, 2019, to orders issued by mail, fax, and/or electronic update a clause to permit the issuance Below the Simplified Acquisition commerce. However, the Federal of task or delivery orders via fax or Threshold (SAT) and for Commercial Procurement Data System (FPDS) provides electronic commerce and clarify when Items, Including Commercially the following information for fiscal year an order is considered ‘‘issued’’ when Available Off-the-Shelf (COTS) Items 2018: using these methods. Two respondents This final rule does not create any The Federal Government awarded submitted comments on the proposed new provisions or clauses, nor does it approximately 17,690 new indefinite- delivery indefinite-quantity, indefinite- rule. change the applicability or burden of FAR clause 52.216–18, Ordering, delivery definite-quantity, and requirements any existing provisions or clauses contracts; of which approximately 62 percent currently states that task or delivery included in solicitations and contracts were awarded to approximately 7,420 unique orders may be issued orally, by fax, or valued at or below the SAT, or for small business entities. electronic commerce only if authorized commercial items, including COTS This rule does not impose any Paperwork in the contract schedule. If mailed, task items. Reduction Act reporting, recordkeeping, or or delivery orders are considered other compliance requirements on any small ‘‘issued’’ when the Government puts the IV. Executive Orders 12866 and 13563 entities. There are no known significant order in the mail. The clause is included Executive Orders (E.O.s) 12866 and alternative approaches to the rule that would in solicitations and contracts when an 13563 direct agencies to assess all costs meet the stated objectives. indefinite-delivery definite-quantity, and benefits of available regulatory Interested parties may obtain a copy of requirements, or indefinite-delivery alternatives and, if regulation is the FRFA from the Regulatory indefinite-quantity contract is necessary, to select regulatory Secretariat Division. The Regulatory contemplated. approaches that maximize net benefits Secretariat Division has submitted a

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40076 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

copy of the FRFA to the Chief Counsel DEPARTMENT OF DEFENSE PART 5—PUBLICIZING CONTRACT for Advocacy of the Small Business ACTIONS Administration. GENERAL SERVICES ADMINISTRATION 5.205 [Amended] VII. Paperwork Reduction Act ■ 3. In section 5.205 amend paragraph The rule does not contain any NATIONAL AERONAUTICS AND (f) by removing ‘‘national buy’’. information collection requirements that SPACE ADMINISTRATION require the approval of the Office of PART 9—CONTRACTOR QUALIFICATIONS Management and Budget under the 48 CFR Parts 4, 5, 9, 18, 27, and 52 Paperwork Reduction Act (44 U.S.C. 9.109–4 [Amended] chapter 35). [FAC 2020–07; Item VI; Docket No. FAR– ■ 2020–0052; Sequence No. 2] 4. Amend section 9.109–4 in List of Subjects in 48 CFR Part 52 paragraph (a)(1)(i) by removing ‘‘https:// Federal Acquisition Regulation; www.state.gov/t/avc/rls/rpt/’’ and Government procurement. Technical Amendments adding ‘‘https://www.state.gov/bureaus- William F. Clark, offices/under-secretary-for-arms- control-and-international-security- Director, Office of Government-wide AGENCY: Department of Defense (DoD), Acquisition Policy, Office of Acquisition General Services Administration (GSA), affairs/bureau-of-arms-control- Policy, Office of Government-wide Policy. and National Aeronautics and Space verification-and-compliance/’’ in its Administration (NASA). place. Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth ACTION: Final rule. PART 18—EMERGENCY below: ACQUISITIONS SUMMARY: This document makes 18.205 [Amended] PART 52—SOLICITATION PROVISIONS amendments to the Federal Acquisition AND CONTRACT CLAUSES Regulation (FAR) in order to make ■ 5. In section 18.205 amend paragraph needed editorial changes. (a) by removing ‘‘http://www.fema.gov/ ■ emergency/nrf/’’ and adding ‘‘https:// 1. The authority citation for 48 CFR DATES: Effective: July 2, 2020. part 52 continues to read as follows: www.fema.gov/media-library/assets/ FOR FURTHER INFORMATION CONTACT: Ms. documents/117791’’ in its place. Authority: 40 U.S.C. 121(c); 10 U.S.C. Lois Mandell, Regulatory Secretariat chapter 137; and 51 U.S.C. 20113. Division (MVCB), at 202–501–4755 or PART 27—PATENTS, DATA, AND COPYRIGHTS ■ 2. Amend section 52.216–18 by— [email protected]. Please cite FAC 2020–07, Technical Amendments. ■ a. Revising the date of the clause; 27.405–3 [Amended] ■ b. Revising paragraph (c); and SUPPLEMENTARY INFORMATION: In order to ■ 6. In section 27.405–3 amend update certain elements in 48 CFR parts ■ c. Adding paragraph (d). paragraph (b) by removing ‘‘with 5, 9, 27, and 52 this document makes paragraph (a)(1) of’’ and adding ‘‘with The revisions and addition read as editorial changes to the FAR. paragraph (a) of’’ in its place. follows: List of Subjects in 48 CFR Parts 4, 5, 9, PART 52—SOLICITATION PROVISIONS 52.216–18 Ordering. 18, 27, and 52 AND CONTRACT CLAUSES * * * * * Government procurement. ■ 7. Amend section 52.209–13 by: Ordering (Aug 2020) William F. Clark, ■ a. Revising the date of the provision; * * * * * Director, Office of Government-wide and (c) A delivery order or task order is Acquisition Policy, Office of Acquisition ■ b. Removing from paragraphs (b)(1)(i) considered ‘‘issued’’ when— Policy, Office of Government-wide Policy. and (ii) ‘‘https://www.state.gov/t/avc/ (1) If sent by mail (includes transmittal by rls/rpt/’’ and adding ‘‘https:// U.S. mail or private delivery service), the Therefore, DoD, GSA, and NASA www.state.gov/bureaus-offices/under- Government deposits the order in the mail; amend 48 CFR parts 4, 5, 9, 18, 27, and secretary-for-arms-control-and- (2) If sent by fax, the Government transmits 52 as set forth below: international-security-affairs/bureau-of- the order to the Contractor’s fax number; or ■ arms-control-verification-and- (3) If sent electronically, the Government 1. The authority citation for 48 CFR compliance/’’ in its place. either— parts 4, 5, 9, 18, 27, and 52 continues (i) Posts a copy of the delivery order or task to read as follows: The revision reads as follows: order to a Government document access Authority: 40 U.S.C. 121(c); 10 U.S.C. Violation of Arms Control Treaties or system, and notice is sent to the Contractor; chapter 137; and 51 U.S.C. 20113. Agreements—Certification or Violation of Arms Control Treaties or (ii) Distributes the delivery order or task PART 4—ADMINISTRATIVE AND order via email to the Contractor’s email INFORMATION MATTERS Agreements—Certification (JUL 2020) address. * * * * * 4.1603 [Amended] (d) Orders may be issued by methods other ■ 8. Amend section 52.212–5 by— than those enumerated in this clause only if ■ 2. In section 4.1603 amend paragraph ■ a. Revising the date of the clause; authorized in the contract. (a)(1) by removing ‘‘http://www.gsa.gov/ ■ b. Removing from paragraph (b)(14)(ii) (End of clause) graphics/fas/Civilian__contacts.pdf’’ ‘‘(MAR 2020)’’ and adding ‘‘(MAR 2020) and adding ‘‘https:// of 52.219–6’’ in its place; [FR Doc. 2020–12766 Filed 7–1–20; 8:45 am] community.max.gov/x/24foL’’ in its ■ c. Redesignating paragraph (b)(18) as BILLING CODE 6820–EP–P place. (b)(18)(i) and adding (b)(18)(ii);

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations 40077

■ d. Removing from paragraph (b)(22)(i) DEPARTMENT OF DEFENSE accordance with section 212 of the ‘‘(MAR 2020)’’ and adding ‘‘(MAY Small Business Regulatory Enforcement 2020)’’ in its place; and GENERAL SERVICES Fairness Act of 1996. It consists of a ■ e. Removing from paragraph (b)(42) ADMINISTRATION summary of the rules appearing in ‘‘(DEC 2007)’’ and adding ‘‘(MAY Federal Acquisition Circular (FAC) 2020)’’ in its place. NATIONAL AERONAUTICS AND 2020–07, which amends the Federal SPACE ADMINISTRATION The addition reads as follows: Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that 52.212–5 Contract Terms and Conditions 48 CFR Chapter 1 a regulatory flexibility analysis has been Required To Implement Statutes or prepared. Interested parties may obtain Executive Orders—Commercial Items. [Docket No. FAR–2020–0051, Sequence No. 3] further information regarding these * * * * * rules by referring to FAC 2020–07, which precedes this document. These Contract Terms and Conditions Federal Acquisition Regulation; documents are also available via the Required To Implement Statutes or Federal Acquisition Circular 2020–07; internet at https://www.regulations.gov. Executive Orders—Commercial Items Small Entity Compliance Guide DATES: July 2, 2020. (JUL 2020) AGENCY: Department of Defense (DoD), * * * * * General Services Administration (GSA), FOR FURTHER INFORMATION CONTACT: For (b) * * * and National Aeronautics and Space clarification of content, contact the Administration (NASA). analyst whose name appears in the table ll(18) * * * ACTION: Small Entity Compliance Guide. below. Please cite FAC 2020–07 and the ll(ii) Alternate I (MAR 2020) of FAR Case number. For information 52.219–13. SUMMARY: This document is issued pertaining to status or publication * * * * * under the joint authority of DOD, GSA, schedules, contact the Regulatory [FR Doc. 2020–12757 Filed 7–1–20; 8:45 am] and NASA. This Small Entity Secretariat Division at 202–501–4755 or BILLING CODE 6820–EP–P Compliance Guide has been prepared in [email protected].

RULE LISTED IN FAC 2020–07

Item Subject FAR case Analyst

*I ...... Requirements for DD Form 254, Contract Security Classification Specification ...... 2015–002 Glover. *II ...... Increased Micro-Purchase and Simplified Acquisition Thresholds ...... 2018–004 Jackson. *III ...... Evaluation Factors for Multiple-Award Contracts ...... 2017–010 Jackson. *IV ...... Modifications to Cost or Pricing Data Requirements ...... 2018–005 Delgado. *V ...... Orders Issued Via Fax or Electronic Commerce ...... 2018–022 Glover. VI ...... Technical Amendments ......

ADDRESSES: The FAC, including the agency has an existing DD Form 254 Item III—Evaluation Factors for SECG, is available via the internet at information system. Multiple-Award Contracts (FAR Case https://www.regulations.gov. 2017–010) Item II—Increased Micro-Purchase and SUPPLEMENTARY INFORMATION: Simplified Acquisition Thresholds DoD, GSA, and NASA are issuing a Summaries for each FAR rule follow. (FAR Case 2018–004) final rule amending the FAR to For the actual revisions and/or implement section 825 of the National amendments made by these FAR rules, This final rule increases the micro- Defense Authorization Act for Fiscal refer to the specific item numbers and purchase threshold (MPT) from $3,500 Year 2017 (Pub. L. 114–328). The final subjects set forth in the documents to $10,000, increases the simplified rule modifies the requirement to following these item summaries. FAC acquisition threshold (SAT) from consider price or cost as an evaluation 2020–07 amends the FAR as follows: $150,000 to $250,000, and increases the factor for the award of certain multiple- award task order contracts issued by Item I—Requirements for DD Form 254, special emergency procurement DoD, NASA, and the Coast Guard. Contract Security Classification authority in paragraph (2) from Specifically, the rule provides that, at Specification (FAR Case 2015–002) $300,000 to $500,000. The rule also the Government’s discretion, clarifies certain procurement terms, as This final rule amends the FAR to solicitations for multiple-award well as aligns some non-statutory provide procedures for use of the DD contracts for the same or similar Form 254, Contract Security thresholds with the MPT and SAT. It services that state the Government Classification Specification, and the use implements section 217(b) of the intends to award a contract to each of the Procurement Integrated Enterprise National Defense Authorization Act qualifying offeror do not require price or Environment (PIEE) for electronic (NDAA) for Fiscal Year (FY) 2017 and cost as an evaluation factor for contract submission to streamline the sections 805, 806, and 1702(a) of the award. This exception does not apply to submission process. It requires use of NDAA for FY 2018. solicitations for multiple-award the DD Form 254 by DoD components, This final rule will likely have a contracts that provide for sole source and by nondefense agencies that have positive significant economic impact on orders pursuant to 8(a) of the Small industrial security services agreements a substantial number of small entities. Business Act (15 U.S.C. 637(a)). When with DoD, and requires the use of the price or cost is not evaluated during National Industrial Security Program contract award, the contracting officer Contracts Classification System module shall consider price or cost as a factor of the PIEE, unless the nondefense for the award of each order under the

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 40078 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Rules and Regulations

contract. Section 825 also amends 10 National Defense Authorization Act for commerce to issue task or delivery U.S.C. 2304c(b) to add exemptions for Fiscal Year 2018, Public Law 115–91. orders. The authority to issue orders the use of competitive procedures when This final rule will not have a orally must still be separately placing an order under a multiple-award significant economic impact on a authorized in the contract. A common contract. substantial number of small entities. understanding of when a task or delivery order is considered issued, in Item IV—Modifications to Cost or Item V—Orders Issued Via Fax or such situations, will be applied Pricing Data Requirements (FAR Case Electronic Commerce (FAR Case 2018– Governmentwide. 2018–005) 022) Item VI—Technical Amendments This final rule increases the threshold This final rule amends a FAR clause Editorial changes are made at FAR for requesting certified cost or pricing to permit the issuance of task or 5.205, 9.109–4, 27.405–3, 52.209–13, data from $750,000 to $2 million for delivery orders via facsimile or and 52.212–5. contracts entered into after June 30, electronic commerce and clarify when 2018. For earlier contracts, contractors an order is considered ‘‘issued’’ when William F. Clark, may request a modification to use the using these methods. As a result, Director, Office of Government-wide new clause Alternates, with the new $2 contracting officers will no longer need Acquisition Policy, Office of Acquisition million threshold for subcontracts to include supplemental ordering Policy, Office of Government-wide Policy. awarded on or after July 1, 2018. The language in the contract when [FR Doc. 2020–12758 Filed 7–1–20; 8:45 am] rule implements section 811 of the anticipating the use of fax or electronic BILLING CODE 6820–EP–P

VerDate Sep<11>2014 21:45 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00020 Fmt 4701 Sfmt 9990 E:\FR\FM\02JYR3.SGM 02JYR3 khammond on DSKJM1Z7X2PROD with RULES3 Vol. 85 Thursday, No. 128 July 2, 2020

Part V

The President

Executive Order 13933—Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence Proclamation 10054—Amendment to Proclamation 10052

VerDate Sep<11>2014 21:48 Jul 01, 2020 Jkt 250250 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02JYE0.SGM 02JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC VerDate Sep<11>2014 21:48 Jul 01, 2020 Jkt 250250 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\02JYE0.SGM 02JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC 40081

Federal Register Presidential Documents Vol. 85, No. 128

Thursday, July 2, 2020

Title 3— Executive Order 13933 of June 26, 2020

The President Protecting American Monuments, Memorials, and Statues and Combating Recent Criminal Violence

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The first duty of government is to ensure domestic tranquility and defend the life, property, and rights of its citizens. Over the last 5 weeks, there has been a sustained assault on the life and property of civilians, law enforcement officers, government property, and revered American monuments such as the Lincoln Memorial. Many of the rioters, arsonists, and left-wing extremists who have carried out and supported these acts have explicitly identified themselves with ideologies—such as Marxism—that call for the destruction of the United States system of govern- ment. Anarchists and left-wing extremists have sought to advance a fringe ideology that paints the United States of America as fundamentally unjust and have sought to impose that ideology on Americans through violence and mob intimidation. They have led riots in the streets, burned police vehicles, killed and assaulted government officers as well as business owners defending their property, and even seized an area within one city where law and order gave way to anarchy. During the unrest, innocent citizens also have been harmed and killed. These criminal acts are frequently planned and supported by agitators who have traveled across State lines to promote their own violent agenda. These radicals shamelessly attack the legitimacy of our institutions and the very rule of law itself. Key targets in the violent extremists’ campaign against our country are public monuments, memorials, and statues. Their selection of targets reveals a deep ignorance of our history, and is indicative of a desire to indiscrimi- nately destroy anything that honors our past and to erase from the public mind any suggestion that our past may be worth honoring, cherishing, remembering, or understanding. In the last week, vandals toppled a statue of President Ulysses S. Grant in San Francisco. To them, it made no difference that President Grant led the Union Army to victory over the Confederacy in the Civil War, enforced Reconstruction, fought the Ku Klux Klan, and advocated for the Fifteenth Amendment, which guaranteed freed slaves the right to vote. In Charlotte, North Carolina, the names of 507 veterans memori- alized on a World War II monument were painted over with a symbol of communism. And earlier this month, in Boston, a memorial commemo- rating an African-American regiment that fought in the Civil War was defaced with graffiti. In Madison, Wisconsin, rioters knocked over the statue of an abolitionist immigrant who fought for the Union during the Civil War. Christian figures are now in the crosshairs, too. Recently, an influential activist for one movement that has been prominent in setting the agenda for demonstrations in recent weeks declared that many existing religious depictions of Jesus and the Holy Family should be purged from our places of worship. Individuals and organizations have the right to peacefully advocate for either the removal or the construction of any monument. But no individual or group has the right to damage, deface, or remove any monument by use of force.

VerDate Sep<11>2014 21:48 Jul 01, 2020 Jkt 250250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC 40082 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Presidential Documents

In the midst of these attacks, many State and local governments appear to have lost the ability to distinguish between the lawful exercise of rights to free speech and assembly and unvarnished vandalism. They have surren- dered to mob rule, imperiling community safety, allowing for the wholesale violation of our laws, and privileging the violent impulses of the mob over the rights of law-abiding citizens. Worse, they apparently have lost the will or the desire to stand up to the radical fringe and defend the fundamental truth that America is good, her people are virtuous, and that justice prevails in this country to a far greater extent than anywhere else in the world. Some particularly misguided public officials even appear to have accepted the idea that violence can be virtuous and have prevented their police from enforcing the law and protecting public monuments, memo- rials, and statues from the mob’s ropes and graffiti. My Administration will not allow violent mobs incited by a radical fringe to become the arbiters of the aspects of our history that can be celebrated in public spaces. State and local public officials’ abdication of their law enforcement responsibilities in deference to this violent assault must end. Sec. 2. Policy. (a) It is the policy of the United States to prosecute to the fullest extent permitted under Federal law, and as appropriate, any person or any entity that destroys, damages, vandalizes, or desecrates a monument, memorial, or statue within the United States or otherwise vandal- izes government property. The desire of the Congress to protect Federal property is clearly reflected in section 1361 of title 18, United States Code, which authorizes a penalty of up to 10 years’ imprisonment for the willful injury of Federal property. More recently, under the Veterans’ Memorial Preservation and Recognition Act of 2003, section 1369 of title 18, United States Code, the Congress punished with the same penalties the destruction of Federal and in some cases State-maintained monuments that honor military veterans. Other criminal statutes, such as the Travel Act, section 1952 of title 18, United States Code, permit prosecutions of arson damaging monu- ments, memorials, and statues on State grounds in some cases. Civil statutes like the Public System Resource Protection Act, section 100722 of title 54, United States Code, also hold those who destroy certain Federal property accountable for their offenses. The Federal Government will not tolerate violations of these and other laws. (b) It is the policy of the United States to prosecute to the fullest extent permitted under Federal law, and as appropriate, any person or any entity that participates in efforts to incite violence or other illegal activity in connection with the riots and acts of vandalism described in section 1 of this order. Numerous Federal laws, including section 2101 of title 18, United States Code, prohibit the violence that has typified the past few weeks in some cities. Other statutes punish those who participate in or assist the agitators who have coordinated these lawless acts. Such laws include section 371 of title 18, United States Code, which criminalizes certain conspiracies to violate Federal law, section 2 of title 18, United States Code, which punishes those who aid or abet the commission of Federal crimes, and section 2339A of title 18, United States Code, which prohibits as material support to terrorism efforts to support a defined set of Federal crimes. Those who have joined in recent violent acts around the United States will be held accountable. (c) It is the policy of the United States to prosecute to the fullest extent permitted under Federal law, and as appropriate, any person or any entity that damages, defaces, or destroys religious property, including by attacking, removing, or defacing depictions of Jesus or other religious figures or religious art work. Federal laws prohibit, under certain circumstances, damage or defacement of religious property, including the Church Arson Prevention Act of 1996, section 247 of title 18, United States Code, and section 371 of title 18, United States Code. The Federal Government will not tolerate violations of these laws designed to protect the free exercise of religion.

VerDate Sep<11>2014 21:48 Jul 01, 2020 Jkt 250250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Presidential Documents 40083

(d) It is the policy of the United States, as appropriate and consistent with applicable law, to withhold Federal support tied to public spaces from State and local governments that have failed to protect public monu- ments, memorials, and statues from destruction or vandalism. These jurisdic- tions’ recent abandonment of their law enforcement responsibilities with respect to public monuments, memorials, and statues casts doubt on their willingness to protect other public spaces and maintain the peace within them. These jurisdictions are not appropriate candidates for limited Federal funds that support public spaces. (e) It is the policy of the United States, as appropriate and consistent with applicable law, to withhold Federal support from State and local law enforcement agencies that have failed to protect public monuments, memo- rials, and statues from destruction or vandalism. Unwillingness to enforce State and local laws in the face of attacks on our history, whether because of sympathy for the extremists behind this violence or some other improper reason, casts doubt on the management of these law enforcement agencies. These law enforcement agencies are not appropriate candidates for limited Federal funds that support State and local police. Sec. 3. Enforcing Laws Prohibiting the Desecration of Public Monuments, the Vandalism of Government Property, and Recent Acts of Violence. (a) The Attorney General shall prioritize within the Department of Justice the investigation and prosecution of matters described in subsections 2(a), (b), and (c) of this order. The Attorney General shall take all appropriate enforce- ment action against individuals and organizations found to have violated Federal law through these investigations. (b) The Attorney General shall, as appropriate and consistent with applica- ble law, work with State and local law enforcement authorities and Federal agencies to ensure the Federal Government appropriately provides informa- tion and assistance to State and local law enforcement authorities in connec- tion with their investigations or prosecutions for the desecration of monu- ments, memorials, and statues, regardless of whether such structures are situated on Federal property. Sec. 4. Limiting Federal Grants for Jurisdictions and Law Enforcement Agen- cies that Permit the Desecration of Monuments, Memorials, or Statues. The heads of all executive departments and agencies shall examine their respec- tive grant programs and apply the policies established by sections 2(d) and (e) of this order to all such programs to the extent that such application is both appropriate and consistent with applicable law. Sec. 5. Providing Assistance for the Protection of Federal Monuments, Memo- rials, Statues, and Property. Upon the request of the Secretary of the Interior, the Secretary of Homeland Security, or the Administrator of General Services, the Secretary of Defense, the Attorney General, and the Secretary of Homeland Security shall provide, as appropriate and consistent with applicable law, personnel to assist with the protection of Federal monuments, memorials, statues, or property. This section shall terminate 6 months from the date of this order unless extended by the President. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

VerDate Sep<11>2014 21:48 Jul 01, 2020 Jkt 250250 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC 40084 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Presidential Documents

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) This order is not intended to, and does not, affect the prosecutorial discretion of the Department of Justice with respect to individual cases.

THE WHITE HOUSE, June 26, 2020.

[FR Doc. 2020–14509 Filed 7–1–20; 11:15 am] Billing code 3295–F0–P

VerDate Sep<11>2014 21:48 Jul 01, 2020 Jkt 250250 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\02JYE0.SGM 02JYE0 khammond on DSKJM1Z7X2PROD with PRESDOC Trump.EPS Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Presidential Documents 40085 Presidential Documents

Proclamation 10054 of June 29, 2020

Amendment to Proclamation 10052

By the President of the United States of America

A Proclamation By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, I hereby amend Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Non- immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as follows: Section 1. Amendment. Section 3(a)(ii) is amended to read as follows: ‘‘(ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and’’ Sec. 2. General Provisions. (a) Nothing in this proclamation shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

VerDate Sep<11>2014 21:50 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02JYD0.SGM 02JYD0 khammond on DSKJM1Z7X2PROD with PRESDOC2 40086 Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of June, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty- fourth.

[FR Doc. 2020–14510 Filed 7–1–20; 11:15 am] Billing code 3295–F0–P

VerDate Sep<11>2014 21:50 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02JYD0.SGM 02JYD0 khammond on DSKJM1Z7X2PROD with PRESDOC2 Trump.EPS i

Reader Aids Federal Register Vol. 85, No. 128 Thursday, July 2, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 76...... 39479 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 40 CFR The United States Government Manual 741–6000 10053...... 39821 52...... 39489 10054...... 40085 Other Services 63...... 39980 Executive Orders: 180...... 39491 Electronic and on-line services (voice) 741–6020 13931...... 39455 Proposed Rules: Privacy Act Compilation 741–6050 13932...... 39457 52...... 39505, 40026 13933...... 40081 81...... 39505, 40026 ELECTRONIC RESEARCH 5 CFR 86...... 39858 281...... 39517 World Wide Web Proposed Rules: 600...... 39858 841...... 39851 Full text of the daily Federal Register, CFR and other publications 843...... 39852 41 CFR is located at: www.govinfo.gov. Appendix A to Ch. 7 CFR Federal Register information and research tools, including Public 301 ...... 39847 Inspection List and electronic text are located at: 1260...... 39461 Appendix B to Ch. 301 ...... 39847 www.federalregister.gov. 10 CFR Appendix E to Ch. E-mail Proposed Rules: 301 ...... 39847 1061...... 39495 FEDREGTOC (Daily Federal Register Table of Contents Electronic 300–3...... 39847 Mailing List) is an open e-mail service that provides subscribers 12 CFR 300–70...... 39847 with a digital form of the Federal Register Table of Contents. The 300–80...... 39847 45...... 39464, 39754 digital form of the Federal Register Table of Contents includes 300–90...... 39847 237...... 39464, 39754 HTML and PDF links to the full text of each document. 301–10...... 39847 349...... 39464, 39754 301–11...... 39847 To join or leave, go to https://public.govdelivery.com/accounts/ 624...... 39464, 39754 301–13...... 39847 USGPOOFR/subscriber/new, enter your email address, then 1221...... 39464, 39754 301–52...... 39847 follow the instructions to join, leave, or manage your 14 CFR 301–70...... 39847 subscription. 301–72...... 39847 PENS (Public Law Electronic Notification Service) is an e-mail 39...... 39470, 39829 301–73...... 39847 service that notifies subscribers of recently enacted laws. 71 ...... 39472, 39473, 39475 301–74...... 39847 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 301–75...... 39847 and select Join or leave the list (or change settings); then follow 39...... 39503 302–1...... 39847 the instructions. 302–4...... 39847 17 CFR 302–5...... 39847 FEDREGTOC and PENS are mailing lists only. We cannot 232...... 39476 302–7...... 39847 respond to specific inquiries. 239...... 39476 302–8...... 39847 Reference questions. Send questions and comments about the 304–2...... 39847 18 CFR Federal Register system to: [email protected] 304–6...... 39847 Proposed Rules: The Federal Register staff cannot interpret specific documents or 60–1...... 39834 342...... 39854 regulations. 60–300...... 39834 60–741...... 39834 19 CFR FEDERAL REGISTER PAGES AND DATE, JULY 181...... 39690 47 CFR 182...... 39690 Proposed Rules: 39455–39828...... 1 1...... 39859 39829–40086...... 2 21 CFR 801...... 39477 48 CFR Ch. I...... 40060, 40077 29 CFR 1...... 40061 810...... 39782 2 ...... 40061, 40064, 40068 2560...... 39831 3...... 40064 4 ...... 40061, 40068, 40076 32 CFR 5...... 40076 Proposed Rules: 9...... 40064, 40076 286...... 39856 13...... 40064, 40068 14...... 40071 33 CFR 15...... 40068, 40071 165...... 39852 16...... 40064, 40068 18...... 40076 34 CFR 22...... 40064 Ch. III ...... 39833 25...... 40064

VerDate Sep 11 2014 23:27 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\02JYCU.LOC 02JYCU khammond on DSKJM1Z7X2PROD with FR-3CU ii Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Reader Aids

27...... 40076 52 ...... 40061, 40064, 40071, 53...... 40061 30...... 40076 40075, 40076

VerDate Sep 11 2014 23:27 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\02JYCU.LOC 02JYCU khammond on DSKJM1Z7X2PROD with FR-3CU Federal Register / Vol. 85, No. 128 / Thursday, July 2, 2020 / Reader Aids iii

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 June 19, 2020 subscribe, go to https:// address.

VerDate Sep 11 2014 23:27 Jul 01, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\02JYCU.LOC 02JYCU khammond on DSKJM1Z7X2PROD with FR-3CU