Vol. 84 Monday, No. 236 December 9, 2019

Pages 67169–67342

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 236

Monday, December 9, 2019

Agricultural Marketing Service NOTICES PROPOSED RULES Allocations of Cross-State Air Pollution Rule Allowances Meetings: from New Unit Set-Asides for 2019 Control Periods, National Organic Standards Board, 67242 67265–67266 Charter Renewal: Agriculture Department Local Government Advisory Committee, 67265 See Agricultural Marketing Service See Rural Utilities Service Export-Import Bank NOTICES Census Bureau Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 67266–67269 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Aviation Administration Automated Export System Program, 67255–67257 RULES Civil Rights Commission Airworthiness Directives: Dassault Aviation Airplanes, 67169–67174 NOTICES Meetings: The Boeing Company Airplanes, 67174–67183 PROPOSED RULES Michigan Advisory Committee, 67254–67255 Airworthiness Directives: Nebraska Advisory Committee, 67255 Airbus Helicopters, 67246–67251 Coast Guard Leonardo S.p.A. Helicopters, 67251–67253 NOTICES RULES Closure of Airport: Safety Zone: Orange City Municipal Airport, Orange City, IA, 67334– Fireworks Displays in the Fifth Coast Guard District, 67335 67187 Discontinuation of Hazardous Inflight Weather Advisory Ohio River, Brookport, IL, 67187–67189 Service in the Contiguous United States, 67336–67337 Commerce Department Petition for Exemption; Summary: Mendota and Reedley, CA, 67336 See Census Bureau See International Trade Administration See National Institute of Standards and Technology Federal Communications Commission See National Oceanic and Atmospheric Administration RULES Connect America Fund, 67220–67236 Community Living Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Request for Information: Submissions, and Approvals, 67269–67270 Family Caregiving Advisory Council, 67270–67272 Federal Deposit Insurance Corporation Election Assistance Commission NOTICES NOTICES Termination of Receiverships, 67270 Meetings: Technical Guidelines Development Committee, 67262 Federal Emergency Management Agency NOTICES Energy Department Final Flood Hazard Determinations, 67286–67287 See Federal Energy Regulatory Commission Flood Hazard Determinations; Changes, 67281–67284, 67289–67292 Environmental Protection Agency Flood Hazard Determinations; Proposals, 67284–67289 RULES Air Quality State Implementation Plans; Approvals and Promulgations: Federal Energy Regulatory Commission Idaho; Update to Crop Residue Burning Fee Billing NOTICES Procedures, 67189–67191 Agency Information Collection Activities; Proposals, Illinois; Sulfur Dioxide, 67191–67196 Submissions, and Approvals, 67264–67265 Virginia; Source-Specific Reasonably Available Control Application: Technology Determinations for 2008 Ozone National California Department of Water Resources, 67264 Ambient Air Quality Standard, 67196–67200 Kaukauna Utilities, 67263 Wisconsin; Title V Operation Permit Program, 67200– 67202 Federal Motor Carrier Safety Administration Increasing Recycling: NOTICES Adding Aerosol Cans to the Universal Waste Regulations, Entry-Level Driver Training; Exemption Applications: 67202–67220 United Parcel Service, Inc., 67337–67339

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Federal Reserve System National Aeronautics and Space Administration NOTICES NOTICES Formations of, Acquisitions by, and Mergers of Bank Environmental Impact Statements; Availability, etc.: Holding Companies, 67270 Soil Cleanup Activities at the Santa Susana Field Laboratory, 67296 Fish and Wildlife Service NOTICES National Archives and Records Administration Environmental Impact Statements; Availability, etc.: NOTICES Proposed Upper Santa Ana River Habitat Conservation Records Schedules, 67296–67297 Plan, 67292–67294 National Credit Union Administration NOTICES Food and Drug Administration Meetings; Sunshine Act, 67297 NOTICES Guidance: National Institute of Standards and Technology Development of Locally Applied Corticosteroid Products NOTICES for the Short-Term Treatment of Symptoms Agency Information Collection Activities; Proposals, Associated with Internal or External Hemorrhoids, Submissions, and Approvals: 67274–67275 Building for Environmental and Economic Sustainability Magnetic Resonance Coil—Performance Criteria for Safety Please, 67260 and Performance Based Pathway, 67272–67274 National Institutes of Health Health and Human Services Department NOTICES See Community Living Administration Request for Information: See Food and Drug Administration National Eye Institute Draft Strategic Plan, 2020 Vision See Health Resources and Services Administration for the Future, 67277 See National Institutes of Health NOTICES National Oceanic and Atmospheric Administration Meetings: RULES Tick-Borne Disease Working Group, 67276–67277 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Health Resources and Services Administration Snapper-Grouper Fishery of the South Atlantic Region; NOTICES Amendment 42, 67236–67241 Agency Information Collection Activities; Proposals, Fisheries of the Exclusive Economic Zone off Alaska: Submissions, and Approvals: Halibut Deck Sorting Monitoring Requirements for Trawl Data Collection Tool for State Offices of Rural Health Catcher/Processors Operating in Non-Pollock Grant Program, 67275–67276 Groundfish Fisheries off Alaska; Correction, 67183– 67184 NOTICES Homeland Security Department Permits: See Coast Guard Marine Mammals; File No. 22686, 67260–67261 See Federal Emergency Management Agency Takes of Marine Mammals Incidental to Specified See U.S. Customs and Border Protection Activities: PROPOSED RULES Portsmouth Naval Shipyard Dry Dock 1 Modification and U.S. Citizenship and Immigration Services Fee Schedule Expansion, 67261–67262 and Changes to Certain Other Immigration Benefit Request Requirements, 67243–67246 National Park Service NOTICES Interior Department Inventory Completion: See Fish and Wildlife Service Sam Noble Oklahoma Museum of Natural History, See National Park Service Norman, OK, 67294–67295 National Science Foundation International Trade Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Application: Submissions, and Approvals: Duty-Free Entry of Scientific Instruments, 67257–67258 Awardee Reporting Requirements for the Established Determination of Sales at Less Than Fair Value: Program to Stimulate Competitive Research Research Carbon and Alloy Steel Threaded Rod from Taiwan, Infrastructure Improvement Programs, 67297–67298 67258–67260 Meetings; Sunshine Act, 67298

International Trade Commission Nuclear Regulatory Commission NOTICES NOTICES Investigations; Determinations, Modifications, and Rulings, Agency Information Collection Activities; Proposals, etc.: Submissions, and Approvals: Certain Laparoscopic Surgical Staplers, Reload Cartridges, Suspicious Activity Reporting Using the Protected Web and Components Thereof; Correction, 67295–67296 Server, 67298–67299

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Environmental Impact Statements; Availability, etc.: NOTICES Exploratory Process for the Development of an Advanced Agency Information Collection Activities; Proposals, Nuclear Reactor, 67299–67300 Submissions, and Approvals: SAMS-Domestic Results Performance Module, 67333– Pension Benefit Guaranty Corporation 67334 RULES Shrimp Exporter’s/Importer’s Declaration, 67333 Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age, 67186– 67187 Surface Transportation Board NOTICES Postal Regulatory Commission Roster of Arbitrators—Annual Update, 67334 NOTICES New Postal Product, 67300–67301 Transportation Department Postal Service See Federal Aviation Administration NOTICES See Federal Motor Carrier Safety Administration Product Change: Priority Mail Express Negotiated Service Agreement, 67301–67302 U.S. Customs and Border Protection NOTICES Railroad Retirement Board Modifications to the Section 321 Data Pilot, 67279–67281 NOTICES Western Hemisphere Travel Initiative: Meetings: Designation of an Approved Native American Tribal Card Actuarial Advisory Committee, 67302 Issued by the Puyallup Tribe of Indians, etc., 67278– Meetings; Sunshine Act, 67302 67279 Rural Utilities Service NOTICES Veterans Affairs Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 67254 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Securities and Exchange Commission Environmental Hazards Registry Worksheet, 67339–67340 NOTICES Submission of School Catalog to the State Approving Applications: Agency, 67340 Lazard Asset Management, LLC and Lazard ESC Funds, Annual Pay Ranges for Physicians, Dentists, and Podiatrists LLC, 67318–67324 of the Veterans Health Administration, 67340–67341 Meetings; Sunshine Act, 67324–67325, 67327 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 67327–67332 Investors Exchange, LLC, 67302–67304 Reader Aids LCH SA, 67325–67327 Consult the Reader Aids section at the end of this issue for NYSE Chicago, Inc., 67304–67308 The Nasdaq Stock Market, LLC, 67308–67318 phone numbers, online resources, finding aids, and notice of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents RULES electronic mailing list, go to https://public.govdelivery.com/ Passports: accounts/USGPOOFR/subscriber/new, enter your e-mail Clarification of Previous Rule Relating to Treatment of address, then follow the instructions to join, leave, or Serious Tax Debt, 67184–67186 manage your subscription.

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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.

7 CFR Proposed Rules: 205...... 67242 8 CFR Proposed Rules: 103...... 67243 106...... 67243 204...... 67243 211...... 67243 212...... 67243 214...... 67243 216...... 67243 223...... 67243 235...... 67243 236...... 67243 240...... 67243 244...... 67243 245...... 67243 245a...... 67243 248...... 67243 264...... 67243 274a...... 67243 301...... 67243 319...... 67243 320...... 67243 322...... 67243 324...... 67243 334...... 67243 341...... 67243 343a...... 67243 343b...... 67243 392...... 67243 14 CFR 39 (5 documents) ...... 67169, 67171, 67174, 67176, 67179 Proposed Rules: 39 (3 documents) ...... 67246, 67248, 67251 15 CFR 902...... 67183 22 CFR 51...... 67184 29 CFR 4044...... 67186 33 CFR 165 (2 documents) ...... 67187 40 CFR 52 (3 documents) ...... 67189, 67191, 67196 70...... 67200 260...... 67202 261...... 67202 264...... 67202 265...... 67202 268...... 67202 270...... 67202 273...... 67202 47 CFR 54...... 67220 50 CFR 622...... 67236 679...... 67183

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Rules and Regulations Federal Register Vol. 84, No. 236

Monday, December 9, 2019

This section of the FEDERAL REGISTER Teterboro Airport, P.O. Box 2000, South Dassault Aviation Model MYSTERE– contains regulatory documents having general Hackensack, NJ 07606; telephone 201– FALCON 900 airplanes. AD 2018–19–05 applicability and legal effect, most of which 440–6700; internet https:// specified that accomplishing the actions are keyed to and codified in the Code of www.dassaultfalcon.com. You may required by paragraph (g) of that AD Federal Regulations, which is published under view this referenced service information terminated the requirements of AD 50 titles pursuant to 44 U.S.C. 1510. at the FAA, Transport Standards 2016–01–16, Amendment 39–18376 (81 The Code of Federal Regulations is sold by Branch, 2200 South 216th St., Des FR 3320, January 21, 2016) (‘‘AD 2016– the Superintendent of Documents. Moines, WA. For information on the 01–16’’); and AD 2017–19–03, availability of this material at the FAA, Amendment 39–19033 (82 FR 43166, call 206–231–3195. It is also available September 14, 2017) (‘‘AD 2017–19– DEPARTMENT OF TRANSPORTATION on the internet at https:// 03’’). Therefore, this AD also supersedes www.regulations.gov by searching for AD 2016–01–16 and AD 2017–19–03. Federal Aviation Administration and locating Docket No. FAA–2019– Additionally, AD 2018–19–05 specified 0668. that accomplishing the actions required 14 CFR Part 39 by paragraph (g) of that AD terminated Examining the AD Docket [Docket No. FAA–2019–0668; Product the requirements of paragraph (g)(1) of Identifier 2019–NM–108–AD; Amendment You may examine the AD docket on AD 2010–26–05, Amendment 39–16544 39–19799; AD 2019–23–05] the internet at https:// (75 FR 79952, December 21, 2010), for RIN 2120–AA64 www.regulations.gov by searching for Dassault Aviation Model MYSTERE– and locating Docket No. FAA–2019– FALCON 900 airplanes, which is Airworthiness Directives; Dassault 0668; or in person at Docket Operations specified in paragraph (k) of this AD. Aviation Airplanes between 9 a.m. and 5 p.m., Monday The NPRM published in the Federal through Friday, except Federal holidays. Register on September 11, 2019 (84 FR AGENCY: Federal Aviation The AD docket contains this final rule, 47906). The NPRM was prompted by a Administration (FAA), Department of the regulatory evaluation, any determination that new or more Transportation (DOT). comments received, and other restrictive airworthiness limitations are ACTION: Final rule. information. The address for Docket necessary. The NPRM proposed to Operations is U.S. Department of require revising the existing SUMMARY: The FAA is superseding Transportation, Docket Operations, M– maintenance or inspection program, as Airworthiness Directives (ADs) 2016– 30, West Building Ground Floor, Room applicable, to incorporate new or more 01–16, 2017–19–03, and 2018–19–05, W12–140, 1200 New Jersey Avenue SE, restrictive airworthiness limitations. which applied to Dassault Aviation Washington, DC 20590. The FAA is issuing this AD to address Model MYSTERE–FALCON 900 FOR FURTHER INFORMATION CONTACT: Tom reduced structural integrity of the airplanes. Those ADs require revising Rodriguez, Aerospace Engineer, airplane. See the MCAI for additional the maintenance or inspection program, International Section, Transport background information. as applicable, to incorporate new or Standards Branch, FAA, 2200 South Comments more restrictive maintenance 216th St., Des Moines, WA 98198; The FAA gave the public the requirements and/or airworthiness telephone and fax 206–231–3226. limitations. This AD requires revising opportunity to participate in developing SUPPLEMENTARY INFORMATION: the existing maintenance or inspection this final rule. The FAA received no program, as applicable, to incorporate Discussion comments on the NPRM or on the determination of the cost to the public. new or more restrictive airworthiness The European Union Aviation Safety limitations. Since AD 2018–19–05 was Agency (EASA), which is the Technical Conclusion issued, the FAA has determined that Agent for the Member States of the The FAA reviewed the relevant data new or more restrictive airworthiness European Union, has issued EASA AD limitations are necessary. The FAA is and determined that air safety and the 2019–0132, dated June 11, 2019 (also public interest require adopting this issuing this AD to address the unsafe referred to as the Mandatory Continuing condition on these products. final rule as proposed, except for minor Airworthiness Information, or ‘‘the editorial changes. The FAA has DATES: This AD is effective January 13, MCAI’’), to correct an unsafe condition 2020. determined that these minor changes: for all Dassault Aviation Model • Are consistent with the intent that The Director of the Federal Register MYSTERE–FALCON 900 airplanes. You was proposed in the NPRM for approved the incorporation by reference may examine the MCAI in the AD addressing the unsafe condition; and of a certain publication listed in this AD docket on the internet at https:// • Do not add any additional burden as of January 13, 2020. www.regulations.gov by searching for upon the public than was already The Director of the Federal Register and locating Docket No. FAA–2019– proposed in the NPRM. approved the incorporation by reference 0668. of a certain other publication listed in The FAA issued a notice of proposed Related Service Information Under 1 this AD as of October 26, 2018 (83 FR rulemaking (NPRM) to amend 14 CFR CFR Part 51 47813, September 21, 2018). part 39 to supersede AD 2018–19–05, Dassault Aviation has issued Chapter ADDRESSES: For service information Amendment 39–19405 (83 FR 47813, 5–40, Airworthiness Limitations, identified in this final rule, contact September 21, 2018) (‘‘AD 2018–19– Revision 24, dated September 2018, of Dassault Falcon Jet Corporation, 05’’). AD 2018–19–05 applied to all the Dassault Aviation Falcon 900

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Maintenance Manual. This service unsafe condition that is likely to exist or 2019–23–05 Dassault Aviation: information describes procedures, develop on products identified in this Amendment 39–19799; Docket No. maintenance tasks, and airworthiness rulemaking action. FAA–2019–0668; Product Identifier limitations specified in the This AD is issued in accordance with 2019–NM–108–AD. Airworthiness Limitations Section authority delegated by the Executive (a) Effective Date (ALS) of the airplane maintenance Director, Aircraft Certification Service, This AD is effective January 13, 2020. manual (AMM). as authorized by FAA Order 8000.51C. This AD also requires Chapter 5–40, In accordance with that order, issuance (b) Affected ADs Airworthiness Limitations, Revision 23, of ADs is normally a function of the (1) This AD replaces AD 2016–01–16, dated September 2017, of the Dassault Compliance and Airworthiness Amendment 39–18376 (81 FR 3320, January Aviation Falcon 900 Maintenance Division, but during this transition 21, 2016); AD 2017–19–03, Amendment 39– Manual, which the Director of the period, the Executive Director has 19033 (82 FR 43166, September 14, 2017); Federal Register approved for delegated the authority to issue ADs and AD 2018–19–05, Amendment 39–19405 incorporation by reference as of October applicable to transport category (83 FR 47813, September 21, 2018) (‘‘AD 26, 2018 (83 FR 47813, September 21, airplanes and associated appliances to 2018–19–05’’). 2018). the Director of the System Oversight (2) This AD affects AD 2010–26–05, This service information is reasonably Division. Amendment 39–16544 (75 FR 79952, available because the interested parties December 21, 2010). Regulatory Findings have access to it through their normal (c) Applicability course of business or by the means The FAA determined that this AD This AD applies to all Dassault Aviation identified in the ADDRESSES section. will not have federalism implications Model MYSTERE–FALCON 900 airplanes, Costs of Compliance under Executive Order 13132. This AD certificated in any category. will not have a substantial direct effect The FAA estimates that this AD on the States, on the relationship (d) Subject affects 134 airplanes of U.S. registry. between the national government and Air Transport Association (ATA) of The FAA estimates the following the States, or on the distribution of America Code 05, Time Limits/Maintenance costs to comply with this AD: power and responsibilities among the Checks. The FAA estimates the total cost per various levels of government. operator for the retained actions from (e) Reason For the reasons discussed above, I AD 2018–19–05 to be $7,650 (90 work- This AD was prompted by a determination certify that this AD: hours × $85 per work-hour). that new or more restrictive airworthiness The FAA has determined that revising (1) Is not a ‘‘significant regulatory limitations are necessary. The FAA is issuing the existing maintenance or inspection action’’ under Executive Order 12866, this AD to address reduced structural program takes an average of 90 work- (2) Will not affect intrastate aviation integrity of the airplane. hours per operator, although this in Alaska, and (f) Compliance (3) Will not have a significant number may vary from operator to Comply with this AD within the operator. In the past, the FAA has economic impact, positive or negative, on a substantial number of small entities compliance times specified, unless already estimated that this action takes 1 work- done. hour per airplane. Since operators under the criteria of the Regulatory incorporate maintenance or inspection Flexibility Act. (g) Retained Revision of Maintenance or Inspection Program, With No Changes program changes for their affected List of Subjects in 14 CFR Part 39 fleet(s), the FAA has determined that a This paragraph restates the requirements of per-operator estimate is more accurate Air transportation, Aircraft, Aviation paragraph (g) of AD 2018–19–05, with no than a per-airplane estimate. The FAA safety, Incorporation by reference, changes. Within 90 days after October 26, estimates the total cost per operator for Safety. 2018 (the effective date of AD 2018–19–05), revise the existing maintenance or inspection the new actions to be $7,650 (90 work- Adoption of the Amendment program, as applicable, to incorporate the hours × $85 per work-hour). Accordingly, under the authority information specified in Chapter 5–40, Authority for This Rulemaking delegated to me by the Administrator, Airworthiness Limitations, Revision 23, the FAA amends 14 CFR part 39 as dated September 2017, of the Dassault Title 49 of the United States Code Aviation Falcon 900 Maintenance Manual. follows: specifies the FAA’s authority to issue The initial compliance times for doing the rules on aviation safety. Subtitle I, tasks are at the times specified in Chapter 5– section 106, describes the authority of PART 39—AIRWORTHINESS DIRECTIVES 40, Airworthiness Limitations, Revision 23, the FAA Administrator. Subtitle VII: dated September 2017, of the Dassault Aviation Programs, describes in more Aviation Falcon 900 Maintenance Manual, or ■ 1. The authority citation for part 39 detail the scope of the Agency’s within 90 days after October 26, 2018, continues to read as follows: authority. whichever occurs later. The term ‘‘LDG’’ in The FAA is issuing this rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. the ‘‘First Inspection’’ column of any table in the service information specified in this under the authority described in § 39.13 [Amended] Subtitle VII, Part A, Subpart III, Section paragraph means total airplane landings. The 44701: ‘‘General requirements.’’ Under ■ 2. The FAA amends § 39.13 by: term ‘‘FH’’ in the ‘‘First Inspection’’ column that section, Congress charges the FAA ■ a. Removing Airworthiness Directives of any table in the service information specified in this paragraph means total flight with promoting safe flight of civil (AD) 2016–01–16, Amendment 39– hours. The term ‘‘FC’’ in the ‘‘First aircraft in air commerce by prescribing 18376 (81 FR 3320, January 21, 2016); Inspection’’ column of any table in the regulations for practices, methods, and AD 2017–19–03, Amendment 39–19033 service information specified in this procedures the Administrator finds (82 FR 43166, September 14, 2017); and paragraph means total flight cycles. The term necessary for safety in air commerce. AD 2018–19–05, Amendment 39–19405 ‘‘M’’ in the ‘‘First Inspection’’ column of any This regulation is within the scope of (83 FR 47813, September 21, 2018); and table in the service information specified in that authority because it addresses an ■ b. Adding the following new AD: this paragraph means months.

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(h) Retained Requirement for No Alternative 39.19, send your request to your principal 2200 South 216th St., Des Moines, WA. For Actions or Intervals, With a New Exception inspector or local Flight Standards District information on the availability of this This paragraph restates the requirements of Office, as appropriate. If sending information material at the FAA, call 206–231–3195. paragraph (h) of AD 2018–19–05, with a new directly to the International Section, send it (7) You may view this service information exception. Except as required by paragraph to the attention of the person identified in that is incorporated by reference at the (i) of this AD, after the existing maintenance paragraph (m)(2) of this AD. Information may National Archives and Records or inspection program has been revised as be emailed to 9-ANM-116-AMOC– Administration (NARA). For information on required by paragraph (g) of this AD, no [email protected]. the availability of this material at NARA, alternative actions (e.g., inspections) or (i) Before using any approved AMOC, email [email protected], or go to: https:// intervals may be used unless the actions or notify your appropriate principal inspector, www.archives.gov/federal-register/cfr/ibr- intervals are approved as an alternative or lacking a principal inspector, the manager locations.html. method of compliance (AMOC) in of the local flight standards district office/ Issued in Des Moines, Washington, on accordance with the procedures specified in certificate holding district office. November 15, 2019. paragraph (l)(1) of this AD. (ii) AMOCs approved previously for AD 2018–19–05 are approved as AMOCs for the Dionne Palermo, (i) New Requirement of This AD: Revision of corresponding provisions of this AD. Acting Director, System Oversight Division, Existing Maintenance or Inspection Program (2) Contacting the Manufacturer: As of the Aircraft Certification Service. Within 90 days after the effective date of effective date of this AD, for any requirement [FR Doc. 2019–26450 Filed 12–6–19; 8:45 am] this AD, revise the existing maintenance or in this AD to obtain corrective actions from BILLING CODE 4910–13–P inspection program, as applicable, to a manufacturer, the action must be incorporate the information specified in accomplished using a method approved by Chapter 5–40, Airworthiness Limitations, the Manager, International Section, Transport DEPARTMENT OF TRANSPORTATION Revision 24, dated September 2018, of the Standards Branch, FAA; or the European Dassault Aviation Falcon 900 Maintenance Union Aviation Safety Agency (EASA); or Federal Aviation Administration Manual. The initial compliance times for Dassault Aviation’s EASA Design doing the tasks are at the times specified in Organization Approval (DOA). If approved by Chapter 5–40, Airworthiness Limitations, the DOA, the approval must include the 14 CFR Part 39 Revision 24, dated September 2018, of the DOA-authorized signature. [Docket No. FAA–2019–0697; Product Dassault Aviation Falcon 900 Maintenance (m) Related Information Identifier 2019–NM–110–AD; Amendment Manual, or within 90 days after the effective 39–19796; AD 2019–23–03] date of this AD, whichever occurs later. The (1) Refer to Mandatory Continuing term ‘‘LDG’’ in the ‘‘First Inspection’’ column Airworthiness Information (MCAI) EASA AD RIN 2120–AA64 of any table in the service information 2019–0132, dated June 11, 2019, for related specified in this paragraph means total information. This MCAI may be found in the Airworthiness Directives; Dassault airplane landings. The term ‘‘FH’’ in the AD docket on the internet at https:// Aviation Airplanes ‘‘First Inspection’’ column of any table in the www.regulations.gov by searching for and service information specified in this locating Docket No. FAA–2019–0668. AGENCY: Federal Aviation paragraph means total flight hours. The term (2) For more information about this AD, Administration (FAA), Department of ‘‘FC’’ in the ‘‘First Inspection’’ column of any contact Tom Rodriguez, Aerospace Engineer, Transportation (DOT). International Section, Transport Standards table in the service information specified in ACTION: Final rule. this paragraph means total flight cycles. The Branch, FAA, 2200 South 216th St., Des term ‘‘M’’ in the ‘‘First Inspection’’ column Moines, WA 98198; telephone and fax 206– SUMMARY: The FAA is superseding of any table in the service information 231–3226. Airworthiness Directives (AD) 2017–19– specified in this paragraph means months (n) Material Incorporated by Reference 14 and AD 2014–16–27, which apply to since the date of issuance of the original certain Dassault Aviation Model airworthiness certificate or the date of (1) The Director of the Federal Register issuance of the original export certificate of approved the incorporation by reference FALCON 900EX airplanes. Those ADs airworthiness. Doing the revision required by (IBR) of the service information listed in this require revising the existing this paragraph terminates the actions paragraph under 5 U.S.C. 552(a) and 1 CFR maintenance or inspection program, as required by paragraph (g) of this AD. part 51. applicable, to incorporate new or more (2) You must use this service information restrictive maintenance requirements (j) No Alternative Actions or Intervals as applicable to do the actions required by and/or airworthiness limitations. Since After the existing maintenance or this AD, unless this AD specifies otherwise. (3) The following service information was the FAA issued AD 2017–19–14 and AD inspection program has been revised as 2014–16–27, the FAA determined that required by paragraph (i) of this AD, no approved for IBR on January 13, 2020. alternative actions (e.g., inspections) or (i) Chapter 5–40, Airworthiness new or more restrictive airworthiness intervals may be used unless the actions or Limitations, Revision 24, dated September limitations are necessary. This AD intervals are approved as an AMOC in 2018, of the Dassault Aviation Falcon 900 requires revising the existing accordance with the procedures specified in Maintenance Manual. maintenance or inspection program, as paragraph (l)(1) of this AD. (ii) [Reserved] applicable, to incorporate new or more (4) The following service information was (k) Terminating Actions for Certain restrictive airworthiness limitations. approved for IBR on October 26, 2018 (83 FR The FAA is issuing this AD to address Requirements in AD 2010–26–05 47813, September 21, 2018). the unsafe condition on these products. Accomplishing the actions required by (i) Chapter 5–40, Airworthiness paragraph (g) or (i) of this AD terminates the Limitations, Revision 23, dated September DATES: This AD is effective January 13, requirements of paragraph (g)(1) of AD 2010– 2017, of the Dassault Aviation Falcon 900 2020. 26–05, for Dassault Aviation Model Maintenance Manual. The Director of the Federal Register MYSTERE–FALCON 900 airplanes. (ii) [Reserved] approved the incorporation by reference (5) For service information identified in (l) Other FAA AD Provisions of a certain publication listed in this AD this AD, contact Dassault Falcon Jet as of January 13, 2020. (1) Alternative Methods of Compliance Corporation, Teterboro Airport, P.O. Box (AMOCs): The Manager, International 2000, South Hackensack, NJ 07606; The Director of the Federal Register Section, Transport Standards Branch, FAA, telephone 201–440–6700; internet https:// approved the incorporation by reference has the authority to approve AMOCs for this www.dassaultfalcon.com. of a certain other publication listed in AD, if requested using the procedures found (6) You may view this service information this AD as of October 24, 2017 (82 FR in 14 CFR 39.19. In accordance with 14 CFR at the FAA, Transport Standards Branch, 43674, September 19, 2017).

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ADDRESSES: For service information certain Dassault Aviation Model reference as of October 24, 2017 (82 FR identified in this final rule, contact FALCON 900EX airplanes. Further, AD 43674, September 19, 2017). Dassault Falcon Jet Corporation, 2014–16–27 terminates paragraph (g)(1) This service information is reasonably Teterboro Airport, P.O. Box 2000, South of AD 2010–26–05, Amendment 39– available because the interested parties Hackensack, NJ 07606; telephone 201– 16544 (75 FR 79952, December 21, have access to it through their normal 440–6700; internet https:// 2010), for certain Dassault Aviation course of business or by the means www.dassaultfalcon.com. You may Model FALCON 900EX airplanes, and identified in the ADDRESSES section. view this referenced service information this terminating provision is included in Costs of Compliance at the FAA, Transport Standards this AD. The NPRM published in the Branch, 2200 South 216th St., Des Federal Register on September 13, 2019 The FAA estimates that this AD Moines, WA. For information on the (84 FR 48310). The NPRM was affects 79 airplanes of U.S. registry. availability of this material at the FAA, prompted by the FAA’s determination The FAA estimates the following call 206–231–3195. It is also available that new or more restrictive costs to comply with this AD: on the internet at https:// airworthiness limitations are necessary. The FAA estimates the total cost per www.regulations.gov by searching for The NPRM proposed to require revising operator for the retained actions from AD 2017–19–14 to be $7,650 (90 work- and locating Docket No. FAA–2019– the existing maintenance or inspection × 0697. program, as applicable, to incorporate hours $85 per work-hour). The FAA has determined that revising new or more restrictive airworthiness Examining the AD Docket the existing maintenance or inspection limitations. The FAA is issuing this AD program takes an average of 90 work- You may examine the AD docket on to address, among other things, fatigue hours per operator, although the agency the internet at https:// cracking and damage in principal recognizes that this number may vary www.regulations.gov by searching for structural elements; such fatigue from operator to operator. In the past, and locating Docket No. FAA–2019– cracking and damage could result in the FAA has estimated that this action 0697; or in person at Docket Operations reduced structural integrity of the takes 1 work-hour per airplane. Since between 9 a.m. and 5 p.m., Monday airplane. See the MCAI for additional operators incorporate maintenance or through Friday, except Federal holidays. background information. The AD docket contains this final rule, inspection program changes for their the regulatory evaluation, any Comments affected fleet(s), the FAA has determined that a per-operator estimate comments received, and other The FAA gave the public the is more accurate than a per-airplane information. The address for Docket opportunity to participate in developing estimate. The FAA estimates the total Operations is U.S. Department of this final rule. The FAA received no cost per operator for the new actions to Transportation, Docket Operations, M– comments on the NPRM or on the be $7,650 (90 work-hours × $85 per 30, West Building Ground Floor, Room determination of the cost to the public. W12–140, 1200 New Jersey Avenue SE, work-hour). Conclusion Washington, DC 20590. Authority for This Rulemaking FOR FURTHER INFORMATION CONTACT: Tom The FAA reviewed the relevant data Title 49 of the United States Code Rodriguez, Aerospace Engineer, and determined that air safety and the specifies the FAA’s authority to issue International Section, Transport public interest require adopting this rules on aviation safety. Subtitle I, Standards Branch, FAA, 2200 South final rule as proposed, except for minor section 106, describes the authority of 216th St., Des Moines, WA 98198; editorial changes. The FAA determined the FAA Administrator. Subtitle VII: telephone and fax 206–231–3226. that these minor changes: Aviation Programs, describes in more • SUPPLEMENTARY INFORMATION: Are consistent with the intent that detail the scope of the Agency’s was proposed in the NPRM for authority. Discussion addressing the unsafe condition; and The FAA is issuing this rulemaking The European Union Aviation Safety • Do not add any additional burden under the authority described in Agency (EASA), which is the Technical upon the public than was already Subtitle VII, Part A, Subpart III, Section Agent for the Member States of the proposed in the NPRM. 44701: ‘‘General requirements.’’ Under European Union, has issued EASA AD Related Service Information Under 1 that section, Congress charges the FAA 2019–0134, dated June 11, 2019 (‘‘EASA CFR Part 51 with promoting safe flight of civil AD 2019–0134’’) (also referred to as the aircraft in air commerce by prescribing Mandatory Continuing Airworthiness Dassault Aviation has issued Chapter regulations for practices, methods, and Information, or ‘‘the MCAI’’), to correct 5–40, Airworthiness Limitations, procedures the Administrator finds an unsafe condition for certain Dassault Revision 11, dated September 2018, of necessary for safety in air commerce. Aviation Model FALCON 900EX the Dassault Falcon 900EX EASy, This regulation is within the scope of airplanes. You may examine the MCAI Falcon 900LX, and Falcon 900DX that authority because it addresses an in the AD docket on the internet at Maintenance Manual. This service unsafe condition that is likely to exist or https://www.regulations.gov by information describes procedures, develop on products identified in this searching for and locating Docket No. maintenance tasks, and airworthiness rulemaking action. FAA–2019–0697. limitations specified in the This AD is issued in accordance with The FAA issued a notice of proposed Airworthiness Limitations section of the authority delegated by the Executive rulemaking (NPRM) to amend 14 CFR airplane maintenance manual. Director, Aircraft Certification Service, part 39 to supersede AD 2017–19–14, This AD also requires Chapter 5–40, as authorized by FAA Order 8000.51C. Amendment 39–19044 (82 FR 43674, Airworthiness Limitations, Revision 9, In accordance with that order, issuance September 19, 2017) (‘‘AD 2017–19– dated November 2015, of the Dassault of ADs is normally a function of the 14’’); and AD 2014–16–27, Amendment Falcon 900EX EASy, Falcon 900LX, and Compliance and Airworthiness 39–17951 (79 FR 51071, August 27, Falcon 900DX Maintenance Manual, Division, but during this transition 2014) (‘‘AD 2014–16–27’’). AD 2017– which the Director of the Federal period, the Executive Director has 19–14 and AD 2014–16–27 applied to Register approved for incorporation by delegated the authority to issue ADs

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applicable to transport category (c) Applicability intervals are approved as an alternative airplanes and associated appliances to This AD applies to Dassault Aviation method of compliance (AMOC) in the Director of the System Oversight Model FALCON 900EX airplanes, serial accordance with the procedures specified in Division. number (S/N) 97 and S/Ns 120 and higher, paragraph (l)(1) of this AD. certificated in any category, with an original (i) New Requirement of This AD: Regulatory Findings airworthiness certificate or original export Maintenance or Inspection Program The FAA determined that this AD certificate of airworthiness issued on or Revision before September 1, 2018. will not have federalism implications Within 90 days after the effective date of under Executive Order 13132. This AD (d) Subject this AD, revise the existing maintenance or will not have a substantial direct effect Air Transport Association (ATA) of inspection program, as applicable, to on the States, on the relationship America Code 05, Time Limits/Maintenance incorporate the information specified in Chapter 5–40, Airworthiness Limitations, between the national government and Checks. the States, or on the distribution of Revision 11, dated September 2018, of the (e) Reason Dassault Falcon 900EX EASy, Falcon 900LX, power and responsibilities among the This AD was prompted by a determination and Falcon 900DX Maintenance Manual. The various levels of government. initial compliance times for accomplishing For the reasons discussed above, I that new or more restrictive airworthiness limitations are necessary. The FAA is issuing the actions are at the times specified in certify that this AD: Chapter 5–40, Airworthiness Limitations, (1) Is not a ‘‘significant regulatory this AD to address, among other things, fatigue cracking and damage in principal Revision 11, dated September 2018, of the action’’ under Executive Order 12866, structural elements; such fatigue cracking Dassault Falcon 900EX EASy, Falcon 900LX, (2) Will not affect intrastate aviation and damage could result in reduced and Falcon 900DX Maintenance Manual, or 90 days after the effective date of this AD, in Alaska, and structural integrity of the airplane. (3) Will not have a significant whichever occurs later, except as provided economic impact, positive or negative, (f) Compliance by paragraphs (i)(1) through (4) of this AD. on a substantial number of small entities Comply with this AD within the (1) The term ‘‘LDG’’ in the ‘‘First Inspection’’ column of any table in the under the criteria of the Regulatory compliance times specified, unless already done. service information means total airplane Flexibility Act. landings. List of Subjects in 14 CFR Part 39 (g) Retained Revision of Maintenance or (2) The term ‘‘FH’’ in the ‘‘First Inspection’’ Inspection Program, With No Changes column of any table in the service Air transportation, Aircraft, Aviation This paragraph restates the requirements of information means total flight hours. safety, Incorporation by reference, paragraph (g) of AD 2017–19–14, with no (3) The term ‘‘FC’’ in the ‘‘First Inspection’’ Safety. changes. Within 90 days after October 24, column of any table in the service information means total flight cycles. Adoption of the Amendment 2017 (the effective date of AD 2017–19–14), revise the existing maintenance or inspection (4) The term ‘‘M’’ in the ‘‘First Inspection’’ Accordingly, under the authority program, as applicable, to incorporate the column of any table in the service delegated to me by the Administrator, information specified in Chapter 5–40, information means months since the date of Airworthiness Limitations, Revision 9, dated issuance of the original airworthiness the FAA amends 14 CFR part 39 as certificate or the date of issuance of the follows: November 2015, of the Dassault Falcon 900EX EASy, Falcon 900LX, and Falcon original export certificate of airworthiness. PART 39—AIRWORTHINESS 900DX Maintenance Manual. The initial (j) No Alternative Actions or Intervals DIRECTIVES compliance times for accomplishing the After the existing maintenance or actions specified in Chapter 5–40, inspection program has been revised as ■ 1. The authority citation for part 39 Airworthiness Limitations, Revision 9, dated required by paragraph (i) of this AD, no continues to read as follows: November 2015, of the Dassault Falcon alternative actions (e.g., inspections) or 900EX EASy, Falcon 900LX, and Falcon Authority: 49 U.S.C. 106(g), 40113, 44701. intervals may be used unless the actions and 900DX Maintenance Manual, is within the intervals are approved as an AMOC in applicable times specified in the § 39.13 [Amended] accordance with the procedures specified in maintenance manual or 90 days after October paragraph (l)(1) of this AD. ■ 2. The FAA amends § 39.13 by 24, 2017, whichever occurs later, except as ■ a. Removing Airworthiness Directive provided by paragraphs (g)(1) through (4) of (k) Terminating Actions for Certain Actions (AD) 2014–16–27, Amendment 39– this AD. in AD 2010–26–05 17951 (79 FR 51071, August 27, 2014); (1) The term ‘‘LDG’’ in the ‘‘First Accomplishing the actions required by and AD 2017–19–14, Amendment 39– Inspection’’ column of any table in the paragraph (g) or (i) of this AD terminates the service information means total airplane 19044 (82 FR 43674, September 19, requirements of paragraph (g)(1) of AD 2010– landings. 26–05, for Dassault Aviation Model 900EX 2017); and (2) The term ‘‘FH’’ in the ‘‘First Inspection’’ ■ airplanes, S/N 97 and S/Ns 120 and higher. b. Adding the following new AD: column of any table in the service 2019–23–03 Dassault Aviation: information means total flight hours. (l) Other FAA AD Provisions Amendment 39–19796; Docket No. (3) The term ‘‘FC’’ in the ‘‘First Inspection’’ (1) Alternative Methods of Compliance FAA–2019–0697; Product Identifier column of any table in the service (AMOCs): The Manager, International 2019–NM–110–AD. information means total flight cycles. Section, Transport Standards Branch, FAA, (4) The term ‘‘M’’ in the ‘‘First Inspection’’ has the authority to approve AMOCs for this (a) Effective Date column of any table in the service AD, if requested using the procedures found This AD is effective January 13, 2020. information means months. in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal (b) Affected ADs (h) Retained Requirement for No Alternative inspector or local Flight Standards District (1) This AD replaces AD 2014–16–27, Actions and Intervals, With New Exception Office, as appropriate. If sending information Amendment 39–17951 (79 FR 51071, August This paragraph restates the requirements directly to the International Section, send it 27, 2014) (‘‘AD 2014–16–27’’); and AD 2017– specified in paragraph (h) of AD 2017–19–14, to the attention of the person identified in 19–14, Amendment 39–19044 (82 FR 43674, with a new exception. Except as required by paragraph (m)(2) of this AD. Information may September 19, 2017) (‘‘AD 2017–19–14’’). paragraph (i) of this AD, after accomplishing be emailed to 9-ANM-116-AMOC- (2) This AD affects AD 2010–26–05, the revision required by paragraph (g) of this [email protected]. Before using any Amendment 39–16544 (75 FR 79952, AD, no alternative actions (inspections) or approved AMOC, notify your appropriate December 21, 2010) (‘‘AD 2010–26–05’’). intervals may be used unless the actions or principal inspector, or lacking a principal

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inspector, the manager of the local flight Issued in Des Moines, Washington, on and locating Docket No. FAA–2019– standards district office/certificate holding November 14, 2019. 0671; or in person at Docket Operations district office. Michael Kaszycki, between 9 a.m. and 5 p.m., Monday (2) Contacting the Manufacturer: As of the Acting Director, System Oversight Division, through Friday, except Federal holidays. effective date of this AD, for any requirement Aircraft Certification Service. in this AD to obtain corrective actions from The AD docket contains this final rule, a manufacturer, the action must be [FR Doc. 2019–26402 Filed 12–6–19; 8:45 am] the regulatory evaluation, any accomplished using a method approved by BILLING CODE 4910–13–P comments received, and other the Manager, International Section, Transport information. The address for Docket Standards Branch, FAA; or the European Operations is U.S. Department of Union Aviation Safety Agency (EASA); or DEPARTMENT OF TRANSPORTATION Transportation, Docket Operations, M– Dassault Aviation’s EASA Design 30, West Building Ground Floor, Room Organization Approval (DOA). If approved by Federal Aviation Administration W12–140, 1200 New Jersey Avenue SE, the DOA, the approval must include the Washington, DC 20590. DOA-authorized signature. 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Greg (m) Related Information [Docket No. FAA–2019–0671; Product Rutar, Aerospace Engineer, Airframe (1) Refer to Mandatory Continuing Identifier 2019–NM–080–AD; Amendment Section, FAA, Seattle ACO Branch, 2200 Airworthiness Information (MCAI) EASA AD 39–19788; AD 2019–22–09] South 216th St., Des Moines, WA 98198; 2019–0134, dated June 11, 2019, for related information. This MCAI may be found in the RIN 2120–AA64 phone and fax: 206–231–3529; email: AD docket on the internet at https:// [email protected]. www.regulations.gov by searching for and Airworthiness Directives; The Boeing SUPPLEMENTARY INFORMATION: locating Docket No. FAA–2019–0697. Company Airplanes (2) For more information about this AD, Discussion contact Tom Rodriguez, Aerospace Engineer, AGENCY: Federal Aviation International Section, Transport Standards Administration (FAA), DOT. The FAA issued a notice of proposed Branch, FAA, 2200 South 216th St., Des ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR Moines, WA 98198; telephone and fax 206– part 39 by adding an AD that would 231–3226. SUMMARY: The FAA is adopting a new apply to certain The Boeing Company Model 787–8 airplanes. The NPRM (n) Material Incorporated by Reference airworthiness directive (AD) for certain The Boeing Company Model 787–8 published in the Federal Register on (1) The Director of the Federal Register airplanes. This AD was prompted by a September 6, 2019 (84 FR 46898). The approved the incorporation by reference NPRM was prompted by a report of (IBR) of the service information listed in this report of fatigue cracking in the lug root paragraph under 5 U.S.C. 552(a) and 1 CFR radius of a main landing gear (MLG) aft fatigue cracking in the lug root radius of part 51. hanger link lug fitting. This AD requires an MLG aft hanger link lug fitting. The (2) You must use this service information repetitive surface high frequency eddy NPRM proposed to require repetitive as applicable to do the actions required by current (HFEC) inspections of the left surface HFEC inspections of the left and this AD, unless this AD specifies otherwise. and right side MLG aft hanger link lug right side MLG aft hanger link lug fitting (3) The following service information was fitting for cracking, and applicable on- for cracking, and applicable on- approved for IBR on January 13, 2020. condition actions. The FAA is issuing condition actions. (i) Chapter 5–40, Airworthiness this AD to address the unsafe condition Limitations, Revision 11, dated September The FAA is issuing this AD to address 2018, of the Dassault Falcon 900EX EASy, on these products. fatigue cracking in the left and right side Falcon 900LX, and Falcon 900DX DATES: This AD is effective January 13, MLG aft hanger link lug fittings. This Maintenance Manual. 2020. condition, if not addressed, could result (ii) [Reserved] The Director of the Federal Register in undetected fatigue cracks that can (4) The following service information was approved the incorporation by reference grow and weaken the primary structure approved for IBR on October 24, 2017 (82 FR of a certain publication listed in this AD such that it cannot sustain limit load, 43674, September 19, 2017). as of January 13, 2020. which could adversely affect the (i) Chapter 5–40, Airworthiness structural integrity of the airplane. Limitations, Revision 9, dated November ADDRESSES: For service information 2015, of the Dassault Falcon 900EX EASy, identified in this final rule, contact Comments Falcon 900LX, and Falcon 900DX Boeing Commercial Airplanes, Maintenance Manual. Attention: Contractual & Data Services The FAA gave the public the (ii) [Reserved] (C&DS), 2600 Westminster Blvd., MC opportunity to participate in developing (5) For service information identified in 110–SK57, Seal Beach, CA 90740–5600; this final rule. The FAA has considered this AD, contact Dassault Falcon Jet telephone 562–797–1717; internet the comments received. Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; https://www.myboeingfleet.com. You Support for the NPRM telephone 201–440–6700; internet https:// may view this service information at the www.dassaultfalcon.com. FAA, Transport Standards Branch, 2200 The Air Line Pilots Association, (6) You may view this service information South 216th St., Des Moines, WA. For International (ALPA), Boeing, and at the FAA, Transport Standards Branch, information on the availability of this Austin Russo expressed support for the 2200 South 216th St., Des Moines, WA. For material at the FAA, call 206–231–3195. NPRM. information on the availability of this It is also available on the internet at Conclusion material at the FAA, call 206–231–3195. https://www.regulations.gov by (7) You may view this service information searching for and locating Docket No. The FAA reviewed the relevant data, that is incorporated by reference at the considered the comments received, and National Archives and Records FAA–2019–0671. determined that air safety and the Administration (NARA). For information on Examining the AD Docket the availability of this material at NARA, public interest require adopting this email [email protected], or go to: https:// You may examine the AD docket on final rule as proposed, except for minor www.archives.gov/federal-register/cfr/ibr- the internet at https:// editorial changes. The FAA has locations.html. www.regulations.gov by searching for determined that these minor changes:

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• Are consistent with the intent that SB530070–00 RB, Issue 001, dated interested parties have access to it was proposed in the NPRM for August 31, 2018. This service through their normal course of business addressing the unsafe condition; and information describes procedures for or by the means identified in the • Do not add any additional burden repetitive surface HFEC inspections of ADDRESSES section. upon the public than was already the left and right side MLG aft hanger Costs of Compliance proposed in the NPRM. link lug fitting at the lug root radius for Related Service Information Under 1 cracking, and applicable on-condition The FAA estimates that this AD CFR Part 51 actions. On-condition actions include affects 7 airplanes of U.S. registry. The The FAA reviewed Boeing Alert repair. This service information is FAA estimates the following costs to Requirements Bulletin B787–81205– reasonably available because the comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Repetitive HFEC inspections 3 work-hours × $85 per hour $0 $255 per inspection cycle ...... $1,785 per inspection cycle. = $255 per inspection cycle.

The FAA has received no definitive airplanes and associated appliances to FAA–2019–0671; Product Identifier data that would enable the agency to the Director of the System Oversight 2019–NM–080–AD. provide cost estimates for the on- Division. (a) Effective Date condition actions specified in this AD. Regulatory Findings This AD is effective January 13, 2020. According to the manufacturer, some or all of the costs of this AD may be This AD will not have federalism (b) Affected ADs covered under warranty, thereby implications under Executive Order None. 13132. This AD will not have a reducing the cost impact on affected (c) Applicability individuals. The FAA does not control substantial direct effect on the States, on warranty coverage for affected the relationship between the national This AD applies to The Boeing Company Model 787–8 airplanes, certificated in any individuals. As a result, the FAA has government and the States, or on the distribution of power and category, as identified in Boeing Alert included all known costs in the cost Requirements Bulletin B787–81205– estimate. responsibilities among the various SB530070–00 RB, Issue 001, dated August levels of government. 31, 2018. Authority for This Rulemaking For the reasons discussed above, I (d) Subject Title 49 of the United States Code certify that this AD: specifies the FAA’s authority to issue (1) Is not a ‘‘significant regulatory Air Transport Association (ATA) of rules on aviation safety. Subtitle I, action’’ under Executive Order 12866, America Code 53, Fuselage. section 106, describes the authority of (2) Will not affect intrastate aviation (e) Unsafe Condition the FAA Administrator. Subtitle VII: in Alaska, and (3) Will not have a significant This AD was prompted by a report of Aviation Programs, describes in more economic impact, positive or negative, fatigue cracking in the lug root radius of a detail the scope of the Agency’s main landing gear (MLG) aft hanger link lug on a substantial number of small entities authority. fitting. The FAA is issuing this AD to address under the criteria of the Regulatory The FAA is issuing this rulemaking fatigue cracking in the left and right side Flexibility Act. under the authority described in MLG aft hanger link lug fittings. This Subtitle VII, Part A, Subpart III, Section List of Subjects in 14 CFR Part 39 condition, if not addressed, could result in undetected fatigue cracks that can grow and 44701: ‘‘General requirements.’’ Under Air transportation, Aircraft, Aviation weaken the primary structure such that it that section, Congress charges the FAA safety, Incorporation by reference, cannot sustain limit load, which could with promoting safe flight of civil Safety. adversely affect the structural integrity of the aircraft in air commerce by prescribing airplane. regulations for practices, methods, and Adoption of the Amendment (f) Compliance procedures the Administrator finds Accordingly, under the authority necessary for safety in air commerce. delegated to me by the Administrator, Comply with this AD within the This regulation is within the scope of compliance times specified, unless already the FAA amends 14 CFR part 39 as done. that authority because it addresses an follows: unsafe condition that is likely to exist or (g) Required Actions develop on products identified in this PART 39—AIRWORTHINESS Except as specified by paragraph (h) of this rulemaking action. DIRECTIVES AD: At the applicable times specified in the This AD is issued in accordance with ‘‘Compliance’’ paragraph of Boeing Alert ■ authority delegated by the Executive 1. The authority citation for part 39 Requirements Bulletin B787–81205– Director, Aircraft Certification Service, continues to read as follows: SB530070–00 RB, Issue 001, dated August as authorized by FAA Order 8000.51C. Authority: 49 U.S.C. 106(g), 40113, 44701. 31, 2018, do all applicable actions identified in, and in accordance with, the In accordance with that order, issuance § 39.13 [Amended] Accomplishment Instructions of Boeing Alert of ADs is normally a function of the ■ Requirements Bulletin B787–81205– Compliance and Airworthiness 2. The FAA amends § 39.13 by adding SB530070–00 RB, Issue 001, dated August Division, but during this transition the following new airworthiness 31, 2018. period, the Executive Director has directive (AD): Note 1 to paragraph (g): Guidance for delegated the authority to issue ADs 2019–22–09 The Boeing Company: accomplishing the actions required by this applicable to transport category Amendment 39–19788; Docket No. AD can be found in Boeing Alert Service

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Bulletin B787–81205–SB530070–00, Issue (4) You may view this service information information on the availability of this 001, dated August 31, 2018, which is referred at the FAA, Transport Standards Branch, material at the FAA, call 206–231–3195. to in Boeing Alert Requirements Bulletin 2200 South 216th St., Des Moines, WA. For It is also available on the internet at B787–81205–SB530070–00 RB, Issue 001, information on the availability of this https://www.regulations.gov by dated August 31, 2018. material at the FAA, call 206–231–3195. (5) You may view this service information searching for and locating Docket No. (h) Exceptions to Service Information that is incorporated by reference at the FAA–2019–0440. Specifications National Archives and Records Examining the AD Docket Where Boeing Alert Requirements Bulletin Administration (NARA). For information on B787–81205–SB530070–00 RB, Issue 001, the availability of this material at NARA, You may examine the AD docket on dated August 31, 2018, specifies contacting email [email protected], or go to: https:// the internet at https:// Boeing for repair instructions: This AD www.archives.gov/federal-register/cfr/ibr- www.regulations.gov by searching for requires doing the repair using a method locations.html. and locating Docket No. FAA–2019– approved in accordance with the procedures Issued in Des Moines, Washington, on 0440; or in person at Docket Operations specified in paragraph (i) of this AD. November 12, 2019. between 9 a.m. and 5 p.m., Monday (i) Alternative Methods of Compliance Michael Kaszycki, through Friday, except Federal holidays. (AMOCs) Acting Director, System Oversight Division, The AD docket contains this final rule, (1) The Manager, Seattle ACO Branch, Aircraft Certification Service. the regulatory evaluation, any FAA, has the authority to approve AMOCs [FR Doc. 2019–26401 Filed 12–6–19; 8:45 am] comments received, and other for this AD, if requested using the procedures BILLING CODE 4910–13–P information. The address for Docket found in 14 CFR 39.19. In accordance with Operations is U.S. Department of 14 CFR 39.19, send your request to your Transportation, Docket Operations, M– principal inspector or local Flight Standards DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room District Office, as appropriate. If sending W12–140, 1200 New Jersey Avenue SE, information directly to the manager of the Federal Aviation Administration certification office, send it to the attention of Washington, DC 20590. the person identified in paragraph (j) of this FOR FURTHER INFORMATION CONTACT: Serj AD. Information may be emailed to: 9-ANM- 14 CFR Part 39 Harutunian, Aerospace Engineer, [email protected]. [Docket No. FAA–2019–0440; Product Propulsion Section, FAA, Los Angeles (2) Before using any approved AMOC, Identifier 2019–NM–032–AD; Amendment ACO Branch, 3960 Paramount notify your appropriate principal inspector, 39–19806; AD 2019–23–12] Boulevard, Lakewood, CA 90712–4137; or lacking a principal inspector, the manager phone: 562–627–5254; fax: 562–627– of the local flight standards district office/ RIN 2120–AA64 certificate holding district office. 5210; email: [email protected]. (3) An AMOC that provides an acceptable Airworthiness Directives; The Boeing SUPPLEMENTARY INFORMATION: level of safety may be used for any repair, Company Airplanes modification, or alteration required by this Discussion AD if it is approved by The Boeing Company AGENCY: Federal Aviation The FAA issued a notice of proposed Organization Designation Authorization Administration (FAA), DOT. rulemaking (NPRM) to amend 14 CFR (ODA) that has been authorized by the ACTION: Final rule. part 39 by adding an AD that would Manager, Seattle ACO Branch, FAA, to make apply to all The Boeing Company Model those findings. To be approved, the repair SUMMARY: The FAA is adopting a new 737–300, –400, and –500 series method, modification deviation, or alteration airworthiness directive (AD) for all The deviation must meet the certification basis of airplanes. The NPRM published in the Boeing Company Model 737–300, –400, Federal Register on June 25, 2019 (84 the airplane, and the approval must and –500 series airplanes. This AD was specifically refer to this AD. FR 29815). The NPRM was prompted by prompted by fuel system reviews fuel system reviews conducted by the (j) Related Information conducted by the manufacturer. This manufacturer as required by Special For more information about this AD, AD requires applying sealant to the Federal Aviation Regulation No. 88 contact Greg Rutar, Aerospace Engineer, fasteners in the fuel tanks, replacing (‘‘SFAR 88’’) to 14 CFR part 21, to Airframe Section, FAA, Seattle ACO Branch, wire bundle clamps external to the fuel 2200 South 216th St., Des Moines, WA ensure their fuel tank systems can tanks, and installing Teflon sleeving prevent potential ignition sources. 98198; phone and fax: 206–231–3529; email: under the clamps. The FAA is issuing [email protected]. Subsequently, SFAR 88 was amended this AD to address the unsafe condition by: Amendment 21–82 (67 FR 57490, (k) Material Incorporated by Reference on these products. September 10, 2002; corrected at 67 FR (1) The Director of the Federal Register DATES: This AD is effective January 13, 70809, November 26, 2002), approved the incorporation by reference 2020. Amendment 21–83 (67 FR 72830, (IBR) of the service information listed in this The Director of the Federal Register December 9, 2002; corrected at 68 FR paragraph under 5 U.S.C. 552(a) and 1 CFR approved the incorporation by reference 37735, June 25, 2003, to change ‘‘21–82’’ part 51. of a certain publication listed in this AD (2) You must use this service information to ‘‘21–83’’), and Amendment 21–101 as applicable to do the actions required by as of January 13, 2020. (83 FR 9162, March 5, 2018). The NPRM this AD, unless the AD specifies otherwise. ADDRESSES: For service information proposed to require applying sealant to (i) Boeing Alert Requirements Bulletin identified in this final rule, contact the fasteners in the fuel tanks, replacing B787–81205–SB530070–00 RB, Issue 001, Boeing Commercial Airplanes, wire bundle clamps external to the fuel dated August 31, 2018 Attention: Contractual & Data Services tanks, and installing Teflon sleeving (ii) [Reserved] (C&DS), 2600 Westminster Blvd., MC under the clamps. (3) For service information identified in 110–SK57, Seal Beach, CA 90740–5600; The FAA is issuing this AD to address this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data telephone 562–797–1717; internet potential ignition sources inside the fuel Services (C&DS), 2600 Westminster Blvd., https://www.myboeingfleet.com. You tank, which, in combination with MC 110–SK57, Seal Beach, CA 90740–5600; may view this service information at the flammable vapors, could result in a fuel telephone 562–797–1717; internet https:// FAA, Transport Standards Branch, 2200 tank fire or explosion, and consequent www.myboeingfleet.com. South 216th St., Des Moines, WA. For loss of the airplane.

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Comments the requirement to wait for the AD to be Conclusion revised to reflect the revision in the The FAA gave the public the The FAA reviewed the relevant data, opportunity to participate in developing service information, and to contact the appropriate original equipment considered the comments received, and this final rule. The following presents determined that air safety and the the comments received on the NPRM manufacturer or STC holder to issue an AMOC to approve the use of the revised public interest require adopting this and the FAA’s response to each final rule with the changes described comment. service information. The commenter noted that this would reduce the delay previously and minor editorial changes. Support for the NPRM in implementing the revision and would The FAA has determined that these minor changes: Boeing concurred with the content of reduce the maintenance costs associated • the NPRM. with the issuance of an AMOC. The Are consistent with the intent that commenter concluded that the was proposed in the NPRM for Effect of Winglets on Accomplishment European Union Aviation Safety addressing the unsafe condition; and of the Proposed Actions Agency, which is the Technical Agent • Do not add any additional burden Aviation Partners Boeing stated that for the Member States of the European upon the public than was already accomplishing Supplemental Type Union, already incorporates the ‘‘or later proposed in the NPRM. Certificate (STC) ST01219SE does not revision’’ statement in any AD issued by The FAA also determined that these affect compliance with the proposed them, so this will demonstrate a further changes will not increase the economic actions. harmonization of regulatory control. burden on any operator or increase the The FAA agrees with the commenter. The FAA does not agree with the scope of this final rule. Paragraph (c) of the proposed AD has commenter’s request to allow the use of been redesignated as paragraph (c)(1) of Related Service Information Under 1 this AD, and paragraph (c)(2) has been later revisions of the service CFR Part 51 added to this AD to state that information. The FAA may not refer to The FAA reviewed Boeing Alert installation of STC ST01219SE does not any document that does not yet exist in Service Bulletin 737–57A1321, dated affect the ability to accomplish the an AD. In general terms, the FAA is February 8, 2019. This service actions required by this AD. Therefore, required by Office of the Federal information describes procedures for for airplanes on which STC ST01219SE Register (OFR) regulations for approval applying sealant to the fasteners in the is installed, a ‘‘change in product’’ of materials incorporated by reference, alternative method of compliance as specified in 1 CFR 51.1(f), to either fuel tanks at the wing rear spars, front (AMOC) approval request is not publish the service document contents spars, and upper wing rib shear ties. necessary to comply with the as part of the actual AD language; or This service information also describes requirements of 14 CFR 39.17. submit the service documents to the procedures for replacing wire bundle OFR for approval as referenced material, clamps external to the fuel tanks and Request To Allow the Use of Later in which case the FAA may only refer installing Teflon sleeving under the Revisions of Service Information to such material in the text of an AD. clamps at locations along the wing rear Commenter John Straiton asked that The AD may refer to the service spars, front spars, forward cargo the FAA include a statement in the document only if the OFR approved it compartment station 540 bulkhead, and compliance requirements of the for incorporation by reference. See 1 main wheel well station 663 bulkhead. proposed AD allowing the use of later CFR part 51. To allow operators to use This service information is reasonably revisions of Boeing Alert Service later revisions of the referenced available because the interested parties Bulletin 737–57A1321, dated February document (issued after publication of have access to it through their normal 8, 2019. The commenter stated that the final rule), either the FAA must course of business or by the means adding this statement would ensure that revise the AD to reference specific later identified in the ADDRESSES section. operators are promptly in compliance revisions, or operators must request Costs of Compliance with their obligation to ensure that all approval to use later revisions as an maintenance is certified to the latest AMOC to this AD under the provisions The FAA estimates that this AD approved version of the maintenance of paragraph (i)(1) of this AD. The FAA affects 268 airplanes of U.S. registry. data. The commenter also stated that has not revised this AD regarding this The FAA estimates the following costs adding this statement will also remove issue. to comply with this AD:

ESTIMATED COSTS

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

Apply sealant, replace clamps, in- Up to 516 work-hours × $85 per Up to $200 ...... Up to $44,060 ...... Up to $11,808,080. stall Teflon sleeving. hour = $43,860.

Authority for This Rulemaking The FAA is issuing this rulemaking necessary for safety in air commerce. under the authority described in This regulation is within the scope of Title 49 of the United States Code that authority because it addresses an specifies the FAA’s authority to issue Subtitle VII, Part A, Subpart III, Section rules on aviation safety. Subtitle I, 44701: ‘‘General requirements.’’ Under unsafe condition that is likely to exist or section 106, describes the authority of that section, Congress charges the FAA develop on products identified in this the FAA Administrator. Subtitle VII: with promoting safe flight of civil rulemaking action. Aviation Programs, describes in more aircraft in air commerce by prescribing This AD is issued in accordance with detail the scope of the Agency’s regulations for practices, methods, and authority delegated by the Executive authority. procedures the Administrator finds Director, Aircraft Certification Service,

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as authorized by FAA Order 8000.51C. (2) Installation of Supplemental Type of the local flight standards district office/ In accordance with that order, issuance Certificate (STC) ST01219SE does not affect certificate holding district office. of ADs is normally a function of the the ability to accomplish the actions required (3) An AMOC that provides an acceptable Compliance and Airworthiness by this AD. Therefore, for airplanes on which level of safety may be used for any repair, STC ST01219SE is installed, a ‘‘change in modification, or alteration required by this Division, but during this transition product’’ alternative method of compliance AD if it is approved by The Boeing Company period, the Executive Director has (AMOC) approval request is not necessary to Organization Designation Authorization delegated the authority to issue ADs comply with the requirements of 14 CFR (ODA) that has been authorized by the applicable to transport category 39.17. Manager, Los Angeles ACO Branch, FAA, to make those findings. To be approved, the airplanes and associated appliances to (d) Subject the Director of the System Oversight repair method, modification deviation, or Division. Air Transport Association (ATA) of alteration deviation must meet the America Code 57, Wings. certification basis of the airplane, and the Regulatory Findings (e) Unsafe Condition approval must specifically refer to this AD. (4) Except as specified by paragraph (h)(2) This AD will not have federalism This AD was prompted by fuel system implications under Executive Order of this AD: For service information that reviews conducted by the manufacturer to contains steps that are labeled as Required 13132. This AD will not have a ensure their fuel tank systems can prevent for Compliance (RC), the provisions of substantial direct effect on the States, on potential ignition sources. The FAA is paragraphs (i)(4)(i) and (ii) of this AD apply. the relationship between the national issuing this AD to address potential ignition (i) The steps labeled as RC, including government and the States, or on the sources inside the fuel tank, which, in substeps under an RC step and any figures distribution of power and combination with flammable vapors, could identified in an RC step, must be done to result in a fuel tank fire or explosion, and comply with the AD. If a step or substep is responsibilities among the various consequent loss of the airplane. levels of government. labeled ‘‘RC Exempt,’’ then the RC For the reasons discussed above, I (f) Compliance requirement is removed from that step or certify that this AD: Comply with this AD within the substep. An AMOC is required for any (1) Is not a ‘‘significant regulatory compliance times specified, unless already deviations to RC steps, including substeps action’’ under Executive Order 12866, done. and identified figures. (ii) Steps not labeled as RC may be (2) Will not affect intrastate aviation (g) Apply Sealant, Replace Clamps, and deviated from using accepted methods in in Alaska, and Install Teflon Sleeving accordance with the operator’s maintenance (3) Will not have a significant or inspection program without obtaining economic impact, positive or negative, Except as specified in paragraph (h) of this AD: At the applicable times specified in approval of an AMOC, provided the RC steps, on a substantial number of small entities paragraph 1.E., ‘‘Compliance,’’ of the including substeps and identified figures, can under the criteria of the Regulatory Accomplishment Instructions of Boeing Alert still be done as specified, and the airplane Flexibility Act. Service Bulletin 737–57A1321, dated can be put back in an airworthy condition. February 8, 2019, do all applicable actions (j) Related Information List of Subjects in 14 CFR Part 39 identified as ‘‘RC’’ (required for compliance) Air transportation, Aircraft, Aviation in, and in accordance with, the For more information about this AD, safety, Incorporation by reference, Accomplishment Instructions of Boeing Alert contact Serj Harutunian, Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Safety. Service Bulletin 737–57A1321, dated February 8, 2019. Branch, 3960 Paramount Boulevard, Adoption of the Amendment Lakewood, CA 90712–4137; phone: 562–627– (h) Exceptions to Service Information 5254; fax: 562–627–5210; email: Accordingly, under the authority Specifications [email protected]. delegated to me by the Administrator, (1) For purposes of determining (k) Material Incorporated by Reference the FAA amends 14 CFR part 39 as compliance with the requirements of this AD: follows: Where Boeing Alert Service Bulletin 737– (1) The Director of the Federal Register 57A1321, dated February 8, 2019, uses the approved the incorporation by reference PART 39—AIRWORTHINESS phrase ‘‘the original issue date of this service (IBR) of the service information listed in this DIRECTIVES bulletin,’’ this AD requires using ‘‘the paragraph under 5 U.S.C. 552(a) and 1 CFR effective date of this AD.’’ part 51. ■ 1. The authority citation for part 39 (2) Where Boeing Alert Service Bulletin (2) You must use this service information continues to read as follows: 737–57A1321, dated February 8, 2019, as applicable to do the actions required by specifies contacting Boeing: This AD requires this AD, unless the AD specifies otherwise. Authority: 49 U.S.C. 106(g), 40113, 44701. doing actions using a method approved in (i) Boeing Alert Service Bulletin 737– § 39.13 [Amended] accordance with the procedures specified in 57A1321, dated February 8, 2019. paragraph (i) of this AD. (ii) [Reserved] ■ 2. The FAA amends § 39.13 by adding (3) For service information identified in the following new airworthiness (i) Alternative Methods of Compliance this AD, contact Boeing Commercial directive (AD): (AMOCs) Airplanes, Attention: Contractual & Data (1) The Manager, Los Angeles ACO Branch, Services (C&DS), 2600 Westminster Blvd., 2019–23–12 The Boeing Company: FAA, has the authority to approve AMOCs MC 110–SK57, Seal Beach, CA 90740–5600; Amendment 39–19806; Docket No. for this AD, if requested using the procedures telephone 562–797–1717; internet https:// FAA–2019–0440; Product Identifier found in 14 CFR 39.19. In accordance with www.myboeingfleet.com. 2019–NM–032–AD. 14 CFR 39.19, send your request to your (4) You may view this service information (a) Effective Date principal inspector or local Flight Standards at the FAA, Transport Standards Branch, This AD is effective January 13, 2020. District Office, as appropriate. If sending 2200 South 216th St., Des Moines, WA. For information directly to the manager of the information on the availability of this (b) Affected ADs certification office, send it to the attention of material at the FAA, call 206–231–3195. None. the person identified in paragraph (j) of this (5) You may view this service information AD. Information may be emailed to: 9-ANM- that is incorporated by reference at the (c) Applicability [email protected]. National Archives and Records (1) This AD applies to all The Boeing (2) Before using any approved AMOC, Administration (NARA). For information on Company Model 737–300, –400, and –500 notify your appropriate principal inspector, the availability of this material at NARA, series airplanes, certificated in any category. or lacking a principal inspector, the manager email [email protected], or go to: https://

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www.archives.gov/federal-register/cfr/ibr- aviationpartners.com; internet: http:// this final rule. The following presents locations.html. www.aviationpartnersboeing.com. the comments received on the NPRM Issued in Des Moines, Washington, on You may view this service and the FAA’s response to each November 18, 2019. information at the FAA, Transport comment. Standards Branch, 2200 South 216th St., Michael Kaszycki, Support for the NPRM Acting Director, System Oversight Division, Des Moines, WA. For information on the Aircraft Certification Service. availability of this material at the FAA, United Airlines and Aviation Partners Boeing (APB) provided their [FR Doc. 2019–26399 Filed 12–6–19; 8:45 am] call 206–231–3195. It is also available on the internet at https:// concurrence with the NPRM. BILLING CODE 4910–13–P www.regulations.gov by searching for Request To Clarify Costs of Required and locating Docket No. FAA–2019– Actions 0437. DEPARTMENT OF TRANSPORTATION Boeing requested that the FAA clarify Examining the AD Docket Federal Aviation Administration the costs of the actions required by the You may examine the AD docket on NPRM by separating the access and 14 CFR Part 39 the internet at https:// close-out hours as separate actions, and www.regulations.gov by searching for specifying that the on-condition costs [Docket No. FAA–2019–0437; Product and locating Docket No. FAA–2019– are providing the costs of oversizing Identifier 2019–NM–074–AD; Amendment 0437; or in person at Docket Operations fastener holes, if necessary. Boeing 39–19800; AD 2019–23–06] between 9 a.m. and 5 p.m., Monday pointed out that the costs listed also through Friday, except Federal holidays. include the access and close-out hours, RIN 2120–AA64 The AD docket contains this final rule, which comprise the majority of the the regulatory evaluation, any hours for each action, causing the Airworthiness Directives; The Boeing comments received, and other required actions to appear overly Company Airplanes information. The address for Docket expensive. Boeing mentioned that AGENCY: Federal Aviation Operations is U.S. Department of operators are expected to do either a Administration (FAA), DOT. Transportation, Docket Operations, M– one-time general visual inspection, ACTION: Final rule. 30, West Building Ground Floor, Room followed by an open hole HFEC W12–140, 1200 New Jersey Avenue SE, inspection, or do an open hole HFEC SUMMARY: The FAA is adopting a new Washington, DC 20590. inspection, depending on the condition airworthiness directive (AD) for certain FOR FURTHER INFORMATION CONTACT: and utilization rate of the airplane. The Boeing Company Model 757–200, Peter Jarzomb, Aerospace Engineer, Boeing also pointed out that the on- –200CB, and –300 series airplanes. This Airframe Section, FAA, Los Angeles condition costs are not defined in the AD was prompted by reports of cracks ACO Branch, 3960 Paramount service information and that the NPRM initiating in the fuselage frame web at Boulevard, Lakewood, CA 90712–4137; is unclear if the on-condition costs refer body station (STA) 1640. This AD phone: 562–627–5234; fax: 562–627– to fastener replacement installations or requires, depending on configuration, a 5210; email: [email protected]. fastener hole oversizing. Additionally, general visual inspection for any SUPPLEMENTARY INFORMATION: Boeing mentioned that the costs of previous repair, such as any reinforcing fastener re-installation are already repair or local frame replacement repair, Discussion included in the costs for an open hole repetitive open hole high frequency The FAA issued a notice of proposed HFEC inspection. However, Boeing eddy current (HFEC) inspections for any rulemaking (NPRM) to amend 14 CFR stated that the FAA estimate of one crack of the fuselage frame web fastener part 39 by adding an AD that would work-hour per airplane for on-condition holes, on the left and right side of the apply to certain The Boeing Company costs of oversizing fastener holes seems airplane, and applicable on-condition Model 757–200, –200CB, and –300 reasonable. actions. The FAA is issuing this AD to series airplanes. The NPRM published The FAA agrees with the request to address the unsafe condition on these in the Federal Register on June 21, 2019 clarify the costs of the actions required products. (84 FR 29102). The NPRM was by this AD for the reasons provided. The prompted by reports of cracks initiating FAA has revised the cost estimates DATES: This AD is effective January 13, in the fuselage frame web at STA 1640. provided in this AD to clarify the costs 2020. The NPRM proposed to require, of the required actions to include access The Director of the Federal Register depending on configuration, a general and close-out hours only as part of the approved the incorporation by reference visual inspection for any previous costs for the HFEC inspections, and to of certain publications listed in this AD repair, such as any reinforcing repair or revise the work-hours for the general as of January 13, 2020. local frame replacement repair, visual inspection to specify only 1 ADDRESSES: For Boeing service repetitive open hole HFEC inspections work-hour. We have also revised the information identified in this final rule, for any crack of the fuselage frame web cost estimates in this AD to specify that contact Boeing Commercial Airplanes, fastener holes, on the left and right side the on-condition costs are the costs of Attention: Contractual & Data Services of the airplane, and applicable on- oversizing fastener holes. (C&DS), 2600 Westminster Blvd., MC condition actions. Request To Clarify the Unsafe 110–SK57, Seal Beach, CA 90740–5600; The FAA is issuing this AD to address Condition phone: 562–797–1717; internet: https:// cracks initiating in the fuselage frame www.myboeingfleet.com. web at STA 1640, which could result in Boeing requested that the FAA clarify For Aviation Partners Boeing service reduced structural integrity of the the unsafe condition. Boeing pointed information identified in this final rule, airplane. out that the unsafe condition mitigated contact Aviation Partners Boeing, 2811 by the proposed AD is for cracks South 102nd St., Suite 200, Seattle, WA Comments initiating in the fuselage frame web at 98168; phone: 206–830–7699; fax: 206– The FAA gave the public the STA 1640 in hidden areas that may not 767–0535; email: leng@ opportunity to participate in developing be sufficiently detectable by doing the

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actions specified in Boeing Alert Service 757–53A0112 RB, dated November 16, Request To Specify That an AMOC for Bulletin 757–53A0108. 2018. FedEx noted that its fleet of The a Certain Other AD Is Necessary The FAA agrees that clarification is Boeing Company Model 757–200 FedEx requested that the FAA include necessary and that the actions specified airplanes were converted to a a statement in paragraph (i) of the in Boeing Alert Service Bulletin 757– configuration similar to The Boeing proposed AD specifying that if a repair 53A0108 are not adequate for reliable Company Model 757–200 special is required for a crack found during detection of cracks that initiate in the freighter airplanes, and are no longer inspections required by the NPRM, that fuselage frame web at STA 1640. AD configured as passenger airplanes. an AMOC for AD 2018–06–07 is 2018–06–07, Amendment 39–19227 (83 FedEx pointed out that as written, required. FedEx mentioned that it has FR 13398, March 29, 2018) (‘‘AD 2018– Boeing Alert Requirements Bulletin already experienced a situation that 06–07’’) requires inspections in 757–53A0112 RB, dated November 16, when repairing a crack found using accordance with Boeing Alert Service 2018, Groups the FedEx fleet into Boeing Alert Requirements Bulletin Bulletin 757–53A0108, dated November Groups 1 and 4, and that the inspection 757–53A0112 RB, dated November 16, 14, 2016. However, the FAA does not areas for those Groups are no longer agree that referring to hidden areas is 2018, an AMOC to AD 2018–06–07 was clarifying, because the term ‘‘hidden applicable. FedEx requested that the required to complete the repair. The FAA disagrees with the request to areas’’ is vague. The FAA has revised FAA incorporate its suggested changes the unsafe condition specified in into the final rule to avoid the need for include a statement in paragraph (j) of paragraph (e) of this AD to specify that an alternative method of compliance this AD (which was referred to as this AD is addressing cracks initiating in (AMOC) after issuance of the final rule. paragraph (i) of the proposed AD) the fuselage frame web at STA 1640, The FAA agrees with the request for specifying that if a repair is required for which, if not detected and corrected, the reasons provided. The FAA has a crack found during inspections required by this AD, that an AMOC for could result in reduced structural added paragraphs (g)(3) and (g)(4) of this AD 2018–06–07 is required. However, integrity of the airplane. AD to require, for airplanes that have any repair in this area that affects been converted from passenger to Request To Clarify the Types of compliance with this AD, with AD freighter configuration using VT MAE Winglets Specified in the Proposed 2018–06–07, or with both ADs, will Inc. STC ST03562AT, the actions ADXXXXXXXXXXXXXXXXXX require an AMOC to comply with the required for Groups 2 and 5, as requirements of the affected ADs. The Boeing requested that the FAA revise applicable, as specified in Boeing Alert paragraph (g)(2) of the proposed AD to FAA has included note 2 to paragraphs Requirements Bulletin 757–53A0112 (g)(1) through (4) of this AD to denote clarify the types of winglets that may be RB, dated November 16, 2018. installed on The Boeing Company that certain repairs might affect AD Model 757 airplanes. Boeing pointed Request To Terminate the Inspection 2018–06–07. out that the types of winglets described Requirements if a Repair Is Installed Request To Allow Later Revisions to the in Supplemental Type Certificate (STC) for a Crack Finding Service Information ST01518SE and in APB’s service bulletin AP757–53–002 are specified as FedEx requested that the FAA allow John Straiton requested that the FAA ‘‘blended and scimitar blended termination of the inspection revise the proposed AD to allow the use winglets,’’ not ‘‘scimitar winglets.’’ requirements if a repair is installed for of later revisions to the service Boeing also pointed out that paragraph a crack finding. FedEx pointed out that information. The commenter pointed (g)(2) of the proposed AD referred to if a repair is installed for a crack out that allowing the use of later ‘‘blended or scimitar winglets.’’ finding, the repair instructions obtained revisions would make it easier for the The FAA agrees for the reasons from The Boeing Company Organization operator to ensure compliance and that provided and has revised paragraph Designation Authorization (ODA), the all maintenance is certified to the latest (g)(2) of this AD accordingly. STC holder, or the FAA would have maintenance data. The commenter also repetitive inspection requirements mentioned that allowing the use of later Request To Specify That Certain revisions would make it unnecessary for Freighter Conversion Airplanes separate from those specified in the NPRM. The FAA infers that FedEx is operators to wait for new ADs that Perform the Actions Specified for include the latest revisions to the Groups 2 and 5 requesting termination of the inspection requirements to help avoid overlapping service information, or for operators to FedEx and VT Mobile Aerospace inspections in a repaired area. request an AMOC that allows the use of Engineering (MAE) Inc., requested that the latest revisions to the service the FAA revise the NPRM to specify that The FAA disagrees with the request to information. The commenter stated that Group 1 and 4 airplanes that have been allow termination of the inspection this would reduce the delay in modified to freighter configuration requirements if a repair is installed for implementation of the latest revisions to using VT MAE Inc. STC ST03562AT, a crack finding. At this time, the service the service information and also reduce perform the actions specified for Groups information does not include an the maintenance costs associated with 2 and 5, as specified in Boeing Alert approved repair that resolves the unsafe the issuance of AMOCs. The commenter Requirements Bulletin 757–53A0112 condition addressed by this AD. also pointed out that the European RB, dated November 16, 2018. VT MAE Inspections for repairs required by FAA Union Aviation Safety Agency (EASA) Inc. pointed out that at the STA 1640 regulations address structural failure incorporates similar language in its ADs. frame, in the stringer 14 left hand side due to fatigue, corrosion, manufacturing The FAA disagrees with the request to and right hand side area, the defects, or accidental damage, and do allow later revisions to the service modification to freighter configuration not resolve unsafe conditions that are information. The FAA may not refer to using VT MAE Inc. STC ST03562AT, is addressed by an AD. If a repair is any document that does not yet exist in identical to that of The Boeing Company required for cracks found during an AD. In general terms, the FAA is Model 757–200 special freighter inspections required by this AD, the required by Office of the Federal airplanes identified as Groups 2 and 5 FAA will consider requests for approval Register (OFR) regulations for approval in Boeing Alert Requirements Bulletin of an AMOC. of materials incorporated by reference,

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as specified in 1 CFR 51.1(f), to either Revision 1 of APB Service Bulletin The FAA also determined that these publish the service document contents AP757–53–001. AAL noted that this changes will not increase the economic as part of the actual AD language; or creates conflicting verbiage between the burden on any operator or increase the submit the service document to the OFR NPRM and AD 2018–06–07. scope of this final rule. for approval as referenced material, in The FAA agrees to clarify. The FAA which case the FAA may only refer to notes that APB Alert Service Bulletin Related Service Information Under 1 such material in the text of an AD. The AP757–53–002, Revision 3, dated CFR Part 51 August 14, 2019, has been issued to AD may refer to the service document The FAA reviewed the following only if the OFR approved it for correct the reference from the original service information. incorporation by reference. See 1 CFR issue of APB Service Bulletin AP757– part 51. 53–001 to Revision 1 of APB Service • Aviation Partners Boeing Alert To allow operators to use later Bulletin AP757–53–001, as it relates to Service Bulletin AP757–53–002, revisions of the referenced document whether inspections have previously Revision 3, dated August 14, 2019. (issued after publication of the AD), been done. No additional work is • Boeing Alert Requirements Bulletin either the FAA must revise the AD to required for airplanes on which the 757–53A0112 RB, dated November 16, reference specific later revisions, or the actions specified in this AD were done 2018. affected party must request approval to using APB Alert Service Bulletin use later revisions as an AMOC with AP757–53–002, Revision 2, dated April This service information describes this AD under the provisions of 11, 2019. The FAA has revised this final procedures for, depending on paragraph (j) of this AD. rule to refer to APB Alert Service configuration, a general visual Bulletin AP757–53–002, Revision 3, inspection for any previous repair, such Request for an Exception to Certain dated August 14, 2019, as the as any reinforcing repair or local frame Service Information appropriate source of service replacement repair, repetitive open hole American Airlines (AAL) and APB information for compliance with this HFEC inspections for any crack of the requested that the FAA revise the AD, and to provide credit for actions fuselage frame web fastener holes, on proposed AD to include a new done before the effective date of this AD the left and right side of the airplane, exception. AAL requested that the FAA using APB Alert Service Bulletin and applicable on-condition actions. include an exception that specifies AP757–53–002, Revision 2, dated April On-condition actions include ‘‘Where APB Alert Service Bulletin 11, 2019. installation of fasteners, oversizing of AP757–53–002, Revision 2, dated April fastener holes, and repair. These 11, 2019, uses the phrase the original Conclusion documents are distinct since they apply issue of Service Bulletin AP757–53–001, The FAA has reviewed the relevant to different airplane models in different this AD requires using the original data, considered the comments configurations. issue, or Revision 1, of Service Bulletin received, and determined that air safety This service information is reasonably AP757–53–001.’’ APB pointed out that and the public interest require adopting available because the interested parties the original issue of APB Service this final rule with the changes have access to it through their normal Bulletin AP757–53–001, was described previously and minor course of business or by the means withdrawn. APB also stated their editorial changes. The FAA has identified in the ADDRESSES section. support for AAL’s request. determined that these minor changes: AAL also pointed out that while APB • Are consistent with the intent that Costs of Compliance Alert Service Bulletin AP757–53–002, was proposed in the NPRM for Revision 2, dated April 11, 2019, addressing the unsafe condition; and The FAA estimates that this AD specifies the original issue of APB • Do not add any additional burden affects 475 airplanes of U.S. registry. Service Bulletin AP757–53–001, AD upon the public than was already The FAA estimates the following costs 2018–06–07 requires operators to use proposed in the NPRM. to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

General Visual Inspection ...... 1 work-hours × $85 per hour $0 $85 ...... $40,375. = $85. Open Hole HFEC Inspection 35 work-hours × $85 per hour 0 $2,975 per inspection cycle ... $1,413,125 per inspection = $2,975 per inspection cycle. cycle.

The FAA estimates the following of fastener holes that is required. The number of aircraft that might need these costs to do any necessary on-condition FAA has no way of determining the on-condition actions: installation of fasteners and oversizing

ESTIMATED COSTS OF ON-CONDITION INSTALLATION OF FASTENERS AND OVERSIZING OF FASTENER HOLES

Cost per Labor cost Parts cost product

1 work-hour × $85 per hour = $85 ...... $0 $85

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We have received no definitive data List of Subjects in 14 CFR Part 39 Alert Service Bulletin 757–53A0112, dated November 16, 2018, which is referred to in that would enable us to provide cost Air transportation, Aircraft, Aviation estimates for the on-condition repairs Boeing Alert Requirements Bulletin 757– safety, Incorporation by reference, 53A0112 RB, dated November 16, 2018. specified in this AD. Safety. Note 2 to paragraphs (g)(1) through (4): Authority for This Rulemaking Adoption of the Amendment Accomplishing certain repairs required by this AD might affect AD 2018–06–07, Title 49 of the United States Code Accordingly, under the authority Amendment 39–19227 (83 FR 13398, March specifies the FAA’s authority to issue delegated to me by the Administrator, 29, 2018) (‘‘AD 2018–06–07’’), and rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as necessitate requesting an alternative method section 106, describes the authority of follows: of compliance (AMOC) to AD 2018–06–07. the FAA Administrator. Subtitle VII: (2) For airplanes on which Aviation PART 39—AIRWORTHINESS Partners Boeing (APB) blended or scimitar Aviation Programs, describes in more DIRECTIVES detail the scope of the Agency’s blended winglets are installed in accordance with Supplemental Type Certificate (STC) authority. ■ 1. The authority citation for part 39 ST01518SE: Except as specified by paragraph The FAA is issuing this rulemaking continues to read as follows: (h) of this AD, at the applicable times under the authority described in Authority: 49 U.S.C. 106(g), 40113, 44701. specified in paragraph 1.E., ‘‘Compliance’’ of Subtitle VII, Part A, Subpart III, Section APB Alert Service Bulletin AP757–53–002, § 39.13 [Amended] Revision 3, dated August 14, 2019, do all 44701: ‘‘General requirements.’’ Under applicable actions identified in, and in ■ that section, Congress charges the FAA 2. The FAA amends § 39.13 by adding accordance with, the Accomplishment with promoting safe flight of civil the following new airworthiness Instructions of Boeing Alert Requirements aircraft in air commerce by prescribing directive (AD): Bulletin 757–53A0112 RB, dated November regulations for practices, methods, and 2019–23–06 The Boeing Company: 16, 2018. procedures the Administrator finds Amendment 39–19800; Docket No. FAA– (3) Except as specified by paragraph (h) of necessary for safety in air commerce. 2019–0437; Product Identifier 2019–NM– this AD: For Group 1 airplanes that have 074–AD. been converted from a passenger to freighter This regulation is within the scope of configuration using VT Mobile Aerospace that authority because it addresses an (a) Effective Date Engineering (MAE) Inc. STC ST03562AT, at unsafe condition that is likely to exist or This AD is effective January 13, 2020. the applicable times specified for Group 2 develop on products identified in this airplanes in the ‘‘Compliance’’ paragraph of rulemaking action. (b) Affected ADs Boeing Alert Requirements Bulletin 757– None. 53A0112 RB, dated November 16, 2018, do This AD is issued in accordance with all applicable Group 2 actions, as identified authority delegated by the Executive (c) Applicability in, and in accordance with, the Director, Aircraft Certification Service, This AD applies to The Boeing Company Accomplishment Instructions of Boeing Alert as authorized by FAA Order 8000.51C. Model 757–200, –200CB, and –300 series Requirements Bulletin 757–53A0112 RB, In accordance with that order, issuance airplanes, certificated in any category, as dated November 16, 2018. of ADs is normally a function of the identified in Boeing Alert Requirements (4) Except as specified by paragraph (h) of Compliance and Airworthiness Bulletin 757–53A0112 RB, dated November this AD: For Group 4 airplanes that have Division, but during this transition 16, 2018. been converted from a passenger to freighter configuration using VT MAE Inc. STC period, the Executive Director has (d) Subject ST03562AT, at the applicable times specified delegated the authority to issue ADs Air Transport Association (ATA) of for Group 5 airplanes in the ‘‘Compliance’’ applicable to transport category America Code 53, Fuselage. paragraph of Boeing Alert Requirements Bulletin 757–53A0112 RB, dated November airplanes and associated appliances to (e) Unsafe Condition the Director of the System Oversight 16, 2018, do all applicable Group 5 actions Division. This AD was prompted by reports of cracks as identified in, and in accordance with, the initiating in the fuselage frame web at body Accomplishment Instructions of Boeing Alert Regulatory Findings station (STA) 1640. The FAA is issuing this Requirements Bulletin 757–53A0112 RB, AD to address cracks initiating in the dated November 16, 2018. This AD will not have federalism fuselage frame web at STA 1640, which, if not detected and corrected, could result in (h) Exceptions to Service Information implications under Executive Order Specifications 13132. This AD will not have a reduced structural integrity of the airplane. (1) Where Boeing Alert Requirements substantial direct effect on the States, on (f) Compliance Bulletin 757–53A0112 RB, dated November the relationship between the national Comply with this AD within the 16, 2018, uses the phrase ‘‘the original issue government and the States, or on the compliance times specified, unless already date of Requirements Bulletin 757–53A0112 distribution of power and done. RB,’’ this AD requires using ‘‘the effective responsibilities among the various (g) Required Actions date of this AD,’’ except where Boeing Alert levels of government. Requirements Bulletin 757–53A0112 RB, (1) For all airplanes except those identified dated November 16, 2018, uses the phrase For the reasons discussed above, I in paragraphs (g)(2) through (4) of this AD: ‘‘the original issue date of Requirements certify that this AD: Except as specified by paragraph (h) of this Bulletin 757–53A0112 RB’’ in a note or flag AD, at the applicable times specified in the note. (1) Is not a ‘‘significant regulatory ‘‘Compliance’’ paragraph of Boeing Alert action’’ under Executive Order 12866, (2) Where Boeing Alert Requirements Requirements Bulletin 757–53A0112 RB, Bulletin 757–53A0112 RB, dated November (2) Will not affect intrastate aviation dated November 16, 2018, do all applicable 16, 2018, specifies contacting Boeing for in Alaska, and actions identified in, and in accordance with, repair instructions or for alternative the Accomplishment Instructions of Boeing inspections: This AD requires doing the (3) Will not have a significant Alert Requirements Bulletin 757–53A0112 repair, or doing the alternative inspections economic impact, positive or negative, RB, dated November 16, 2018. and applicable on-condition actions using a on a substantial number of small entities Note 1 to paragraphs (g)(1) through (4): method approved in accordance with the under the criteria of the Regulatory Guidance for accomplishing the actions procedures specified in paragraph (j) of this Flexibility Act. required by this AD can be found in Boeing AD.

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(3) Where Aviation Partners Boeing Alert accordance with the operator’s maintenance DEPARTMENT OF COMMERCE Service Bulletin AP757–53–002, Revision 3, or inspection program without obtaining dated August 14, 2019, uses the phrase ‘‘the approval of an AMOC, provided the RC steps, National Oceanic and Atmospheric original issue date of this service bulletin,’’ including substeps and identified figures, can Administration this AD requires using ‘‘the effective date of still be done as specified, and the airplane this AD,’’ except where Aviation Partners can be put back in an airworthy condition. Boeing Alert Service Bulletin AP757–53–002, 15 CFR Part 902 Revision 3, dated August 14, 2019, uses the (k) Related Information phrase ‘‘the original issue date of this Service 50 CFR Part 679 Bulletin’’ in a note or flag note. (1) For more information about this AD, [Docket No. 191203–0100] (4) Where Aviation Partners Boeing Alert contact Peter Jarzomb, Aerospace Engineer, Service Bulletin AP757–53–002, Revision 3, Airframe Section, FAA, Los Angeles ACO RIN 0648–BI53 dated August 14, 2019, specifies contacting Branch, 3960 Paramount Boulevard, Boeing for repair instructions or for Lakewood, CA 90712–4137; phone: 562–627– Fisheries of the Exclusive Economic alternative inspections: This AD requires 5234; fax: 562–627–5210; email: Zone Off Alaska; Halibut Deck Sorting doing the repair, or doing the alternative [email protected]. Monitoring Requirements for Trawl inspections and applicable on-condition (2) Service information identified in this actions using a method approved in Catcher/Processors Operating in Non- accordance with the procedures specified in AD that is not incorporated by reference is Pollock Groundfish Fisheries Off paragraph (j) of this AD. available at the addresses specified in Alaska; Correction paragraphs (l)(3) through (5) of this AD. (i) Credit for Previous Actions AGENCY: National Marine Fisheries (l) Material Incorporated by Reference This paragraph provides credit for the Service (NMFS), National Oceanic and actions specified in paragraph (g)(2) of this (1) The Director of the Federal Register Atmospheric Administration (NOAA), AD, if those actions were performed before approved the incorporation by reference Commerce. the effective date of this AD using Aviation (IBR) of the service information listed in this ACTION: Final rule; correcting Partners Boeing Alert Service Bulletin paragraph under 5 U.S.C. 552(a) and 1 CFR amendments; stay of effectiveness. AP757–53–002, Revision 2, dated April 11, part 51. 2019. (2) You must use this service information SUMMARY: NMFS is correcting a final (j) Alternative Methods of Compliance as applicable to do the actions required by rule that published on October 15, 2019, (AMOCs) this AD, unless the AD specifies otherwise. issuing regulations to implement catch (1) The Manager, Los Angeles ACO Branch, (i) Aviation Partners Boeing Alert Service handling and monitoring requirements FAA, has the authority to approve AMOCs Bulletin AP757–53–002, Revision 3 dated to allow Pacific halibut (halibut) for this AD, if requested using the procedures August 14, 2019. bycatch to be sorted on the deck of trawl found in 14 CFR 39.19. In accordance with (ii) Boeing Alert Requirements Bulletin catcher/processors (C/Ps) and 14 CFR 39.19, send your request to your 757–53A0112 RB, dated November 16, 2018. motherships participating in the non- principal inspector or local Flight Standards (3) For Boeing service information pollock groundfish fisheries off Alaska. District Office, as appropriate. If sending identified in this AD, contact Boeing The final rule incorrectly stated that the information directly to the manager of the certification office, send it to the attention of Commercial Airplanes, Attention: collection-of-information requirements the person identified in paragraph (k)(1) of Contractual & Data Services (C&DS), 2600 subject to the Paperwork Reduction Act this AD. Information may be emailed to: 9- Westminster Blvd., MC 110–SK57, Seal (PRA) had been approved by the Office [email protected]. Beach, CA 90740–5600; phone: 562–797– of Management and Business (OMB) at (2) Before using any approved AMOC, 1717; internet: https:// the time the final rule was published. notify your appropriate principal inspector, www.myboeingfleet.com. The final rule also inadvertently omitted or lacking a principal inspector, the manager (4) For Aviation Partners Boeing service amendatory language to remove a now of the local flight standards district office/ information identified in this AD, contact obsolete and unnecessary regulation. certificate holding district office. Aviation Partners Boeing, 2811 South 102nd (3) An AMOC that provides an acceptable The intent of this final rule is to make St., Suite 200, Seattle, WA 98168; phone: level of safety may be used for any repair, corrections and to stay the effectiveness modification, or alteration required by this 206–830–7699; fax: 206–767–0535; email: of associated collection-of-information AD if it is approved by The Boeing Company [email protected]; internet: http:// requirements. Organization Designation Authorization www.aviationpartnersboeing.com. DATES: This rule is effective December 9, (ODA) that has been authorized by the (5) You may view this service information Manager, Los Angeles ACO Branch, FAA, to at the FAA, Transport Standards Branch, 2019. Effective December 9, 2019, 50 make those findings. To be approved, the 2200 South 216th St., Des Moines, WA. For CFR 679.28(d)(9) and (10) and (l) and repair method, modification deviation, or information on the availability of this § 679.120(b), (c), (d), and (e) are stayed alteration deviation must meet the material at the FAA, call 206–231–3195. indefinitely. certification basis of the airplane, and the (6) You may view this service information FOR FURTHER INFORMATION CONTACT: approval must specifically refer to this AD. that is incorporated by reference at the Joseph Krieger, 907–586–7228 or (4) Except as specified by paragraph (h) of [email protected]. this AD: For service information that National Archives and Records contains steps that are labeled as Required Administration (NARA). For information on SUPPLEMENTARY INFORMATION: the availability of this material at NARA, for Compliance (RC), the provisions of Need for Correction paragraphs (j)(4)(i) and (ii) of this AD apply. email [email protected], or go to: https:// (i) The steps labeled as RC, including www.archives.gov/federal-register/cfr/ibr- NMFS published the final rule issuing substeps under an RC step and any figures locations.html. regulations to implement catch handling identified in an RC step, must be done to and monitoring requirements to allow Issued in Des Moines, Washington, on comply with the AD. If a step or substep is halibut bycatch to be sorted on the deck November 18, 2019. labeled ‘‘RC Exempt,’’ then the RC of trawl C/Ps and motherships requirement is removed from that step or Michael Kaszycki, substep. An AMOC is required for any participating in the non-pollock Acting Director, System Oversight Division, groundfish fisheries off Alaska in the deviations to RC steps, including substeps Aircraft Certification Service. and identified figures. Federal Register on October 15, 2019 (ii) Steps not labeled as RC may be [FR Doc. 2019–26400 Filed 12–6–19; 8:45 am] (84 FR 55044). The final rule incorrectly deviated from using accepted methods in BILLING CODE 4910–13–P stated that the collection-of-information

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requirements subject to the PRA had 3. On page 55051, first column, the § 679.28 [Amended] been approved by the OMB under first sentence of the last paragraph is ■ 4. Amend § 679.28 by removing Control Number 0648–0318 (North corrected to read as follows: paragraphs (i)(1)(iii) and (iv). Pacific Observer Program) and Control This final rule contains collection-of- [FR Doc. 2019–26433 Filed 12–6–19; 8:45 am] Number 0648–0330 (Alaska Region, information requirements subject to BILLING CODE 3510–22–P Scale and Catch Weighing review and approval by the Office of Requirements) at the time the final rule Management and Budget (OMB) under was published. The effective date for the the Paperwork Reduction Act (PRA). DEPARTMENT OF STATE final rule’s collection of information These requirements have been requirements is delayed. When OMB submitted to OMB for approval under 22 CFR Part 51 approval is received, NOAA will Control Number 0648–0318 (North publish a document in the Federal Pacific Observer Program) and Control [Public Notice: 10921] Register announcing the effective date Number 0648–0330 (Alaska Region, RIN 1400–AE90 for these information collection Scale and Catch Weighing requirements. Requirements). When approval is Passports; Clarification of Previous Although the proposed and final rule received, NMFS will announce in the Rule Relating to Treatment of Serious preambles explained that certain Federal Register the effective date for Tax Debt obsolete and unnecessary regulations these information collection would be removed, the final rule requirements. AGENCY: State Department. inadvertently omitted amendatory ACTION: Final rule. language to remove a now obsolete and List of Subjects unnecessary regulation. This rule 15 CFR Part 902 SUMMARY: This final rule provides a corrects this error. clarification regarding situations in Reporting and recordkeeping which a passport applicant is certified Classification requirements. by the Secretary of the Treasury as The Assistant Administrator for 50 CFR Part 679 having a seriously delinquent tax debt. Fisheries, NOAA (AA), finds good cause In this rule, the Department clarifies to waive the requirement to provide Alaska, Fisheries, Pacific halibut, that in such situations, the Department prior notice and opportunity for public Recordkeeping and reporting may issue a limited validity passport for comment pursuant to the authority set requirements. direct return to the United States or forth at 5 U.S.C. 553(b)(B) as such Dated: December 3, 2019. when emergency circumstances or requirement is unnecessary and Samuel D. Rauch III, humanitarian reasons exist. contrary to the public interest. With Deputy Assistant Administrator for DATES: The effective date of this respect to the final rule’s inadvertent Regulatory Programs, National Marine regulation is December 9, 2019. omission of amendatory text that would Fisheries Service. FOR FURTHER INFORMATION CONTACT: remove the obsolete and unnecessary Stephanie Traub, Office of Legal Affairs, Accordingly, 15 CFR part 902 and 50 regulation, the public was already Passport Services, (202) 485–6500. CFR part 679 are corrected by making provided with notice and opportunity to Hearing- or speech-impaired persons the following correcting amendments: comment via electronic submission may use the Telecommunications (www.regulations.gov/ Title 15—Commerce and Foreign Trade Devices for the Deaf (TDD) by contacting #!docketDetail;D=NOAA-NMFS-2018- the Federal Information Relay Service at 0122) and by mail during the proposed PART 902—NOAA INFORMATION 1–800–877–8339. rule public comment period which COLLECTION REQUIREMENTS UNDER SUPPLEMENTARY INFORMATION: On began on April 16, 2019 and ended on THE PAPERWORK REDUCTION ACT: September 2, 2016, the Department May 16, 2019. Further delay would OMB CONTROL NUMBERS published a final rule that implemented result in public confusion with respect the Fixing America’s Surface to the effectiveness of the remaining ■ 1. The authority citation for part 902 Transportation Act (FAST Act), codified regulations established by the final rule. continues to read as follows: at 22 U.S.C. 2714a (the 2016 Final Rule). For the reasons above, the AA also Authority: 44 U.S.C. 3501 et seq. See 81 FR 60608.1 finds good cause under 5 U.S.C. § 902.1 [Amended] The rulemaking incorporated 553(d)(3) to waive the 30-day delay in statutory passport denial and revocation effective date and make this rule ■ 2. In § 902.1, in the table in paragraph requirements for certain individuals effective immediately upon publication. (b), under the entry ‘‘50 CFR’’, remove who have been certified by the Secretary Correction to Final Rule the entries for ‘‘679.28(l)’’, ‘‘679.120(b)’’, of the Treasury as having seriously and ‘‘679.120(c), (d), and (e)’’. delinquent tax debt or who submit In final rule FR Doc. 2019–22198, passport applications without correct published on October 15, 2019 (84 FR * * * * * and valid Social Security numbers. 55044), the following corrections are Title 50—Wildlife and Fisheries made: Why is this rule necessary? 1. On page 55044, in the second PART 679—FISHERIES OF THE The 2016 Final Rule, as codified at 22 column, under ‘‘National Oceanic and EXCLUSIVE ECONOMIC ZONE OFF CFR 51.60(a)(3), led to an unintended Atmospheric Administration’’, ‘‘15 CFR ALASKA result. That rule provided that 902.1’’ is removed and ‘‘15 CFR part applicants for a passport who are ■ 902’’ added in its place. 3. The authority citation for 50 CFR certified by the Secretary of the 2. On page 55050, second column, the part 679 continues to read as follows: Treasury as having a seriously heading ‘‘OMB Revisions to PRA Authority: 16 U.S.C. 773 et seq.; 1801 et References in 15 CFR 902.1(b)’’ and seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 1 See also a correction rule published on corresponding paragraph are removed. 111–281. September 27, 2016, at 81 FR 66184.

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delinquent tax debt as described in 26 not have a significant economic impact preempt tribal law. Accordingly, the U.S.C. 7345 may not be issued a on a substantial number of small requirements of Executive Order 13175 passport, except a passport for direct entities. do not apply to this rulemaking. return to the United States. This is a too- Unfunded Mandates Act of 1995 Executive Order 13771 narrow implementation of the law, since 22 U.S.C. 2714a(e)(1)(B) provides that This rule will not result in the This rule is not an E.O. 13771 not only may the Department issue a expenditure by state, local, and tribal regulatory action because this rule is not certified individual a passport valid for governments, in the aggregate, or by the significant under E.O. 12866. direct return to the United States, but private sector, of $100 million or more the Department also has the discretion in any year and it will not significantly Paperwork Reduction Act to issue passports without geographical or uniquely affect small governments. This rule does not impose any new limitation to such applicants if the Therefore, no actions were deemed reporting or record keeping Department finds that emergency necessary under the provisions of the requirements subject to the Paperwork circumstances or humanitarian reasons Unfunded Mandates Reform Act of Reduction Act, 44 U.S.C. Chapter 35. exist. 1995. List of Subjects in 22 CFR Part 51 With respect to the current text of Small Business Regulatory Enforcement § 51.60, the modification in the Fairness Act of 1996 Passports. rulemaking will remove the text of paragraph (a)(3) of § 51.60, and add it to This rule is not a major rule as Accordingly, for the reasons set forth a new paragraph (h)(2) of § 51.60, since defined by section 804 of the Small in the preamble, the Department paragraph (h) applies to situations Business Regulatory Enforcement Act of amends 22 CFR part 51 as follows: where the Department must generally 1996. This rule will not result in an deny passport applications except for annual effect on the economy of $100 PART 51—PASSPORTS passports valid for direct return to the million or more; a major increase in United States, but can exercise costs or prices; or significant adverse ■ 1. The authority citation for part 51 is discretion to issue passports where it effects on competition, employment, revised to read as follows: determines that emergency investment, productivity, innovation, or Authority: 8 U.S.C. 1504; 18 U.S.C. 1621; circumstances or humanitarian reasons on the ability of U.S.-based companies 22 U.S.C. 211a, 212, 212b, 213, 213n (Pub. L. exist. Paragraph (a)(3) is reserved. The to compete with foreign based 106–113 Div. B, Sec. 1000(a)(7) [Div. A, Title chapeau of § 51.60(h), regarding companies in domestic and import II, Sec. 236], 113 Stat. 1536, 1501A–430); notification by the Attorney General of markets. 214, 214a, 217a, 218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, & 3926; 26 U.S.C. 6039E; violations of 18 U.S.C. 2423, is moved Executive Orders 12866 and 13563 31 U.S.C. 9701; 42 U.S.C. 652(k) [Div. B, Title to a new paragraph (h)(1). The Department of State does not V of Pub. L. 103–317, 108 Stat. 1760]; E.O. Regulatory Findings consider this rule to be an economically 11295, Aug. 6, 1966, FR 10603, 3 CFR, 1966– significant regulatory action under 1970 Comp., p. 570; Pub. L. 114–119, 130 Administrative Procedure Act Stat. 15; Sec. 1 of Pub. L. 109–210, 120 Stat. Executive Order 12866, Regulatory 319; Sec. 2 of Pub. L. 109–167, 119 Stat. The Administrative Procedure Act Planning and Review. The Department 3578; Sec. 5 of Pub. L. 109–472, 120 Stat. (APA) provides that an agency is not has nevertheless reviewed the 3554; Pub. L. 108–447, Div. B, Title IV, Dec. required to conduct notice and regulation to ensure its consistency with 8, 2004, 118 Stat. 2809; Pub. L. 108–458, 118 comment rulemaking when the agency, the regulatory philosophy and Stat. 3638, 3823 (Dec. 17, 2004). for good cause, finds that the principles set forth in both Executive ■ requirement is impracticable, Order 12866 and Executive Order 2. Amend § 51.60 by removing and unnecessary, or contrary to the public 13563, and certifies that the benefits of reserving paragraph (a)(3) and revising interest. 5 U.S.C. 553(b)(B). There is this regulation outweigh any cost to the paragraph (h). good cause here because this public, which the Department assesses The revision reads as follows: amendment simply aligns 22 CFR 51.60 to be de minimis. with current law. It does not establish § 51.60 Denial and restriction of passports. any substantive policy. Since this Executive Order 13132 * * * * * change is implementing current law, This regulation will not have (h) The Department may not issue a public comment on this change is substantial direct effects on the states, passport, except a limited validity unnecessary and contrary to the public on the relationship between the national passport for direct return to the United interest. The APA also generally government and the states, or on the States or in instances where the requires that regulations be published at distribution of power and Department finds that emergency least 30 days before their effective date, responsibilities among the various circumstances or humanitarian reasons unless the agency has good cause to levels of government. Therefore, in exist, in any case in which: implement its regulations sooner (5 accordance with section 6 of Executive (1) The Department is notified by the U.S.C. 553(d)(3)). Again, because this Order 13132, it is determined that this Attorney General that, during the final rule aligns the Department’s rules rule does not have sufficient federalism covered period as defined by 22 U.S.C. with federal law, there is good cause to implications to require consultations or 212a: make it effective on the day it is warrant the preparation of a federalism (i) The applicant was convicted of a published. summary impact statement. violation of 18 U.S.C. 2423, and Regulatory Flexibility Act Executive Order 13175 (ii) The individual used a passport or The Department of State, in The Department has determined that passport card or otherwise crossed an accordance with the Regulatory this rulemaking will not have tribal international border in committing the Flexibility Act (5 U.S.C. 605(b)), has implications, will not impose underlying offense. reviewed this regulation and, by substantial direct compliance costs on (2) The applicant is certified by the approving it, certifies that this rule will tribal governments, and will not Secretary of the Treasury as having a

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seriously delinquent tax debt as benefits and benefit liabilities under a benefit and the probability that the described in 26 U.S.C. 7345. plan that is undergoing a distress participant will elect early retirement. * * * * * termination must be valued in Table I–20 will be used to value benefits accordance with subpart B of part 4044. in plans with valuation dates during Carl C. Risch, In addition, when PBGC terminates an calendar year 2020. Assistant Secretary, Bureau of Consular underfunded plan involuntarily PBGC has determined that notice of, Affairs, Department of State. pursuant to ERISA section 4042(a), it and public comment on, this rule are [FR Doc. 2019–26393 Filed 12–6–19; 8:45 am] uses the subpart B valuation rules to impracticable and contrary to the public BILLING CODE 4710–13–P determine the amount of the plan’s interest. Plan administrators need to be underfunding. able to estimate accurately the value of Under § 4044.51(b) of the asset plan benefits as early as possible before PENSION BENEFIT GUARANTY allocation regulation, early retirement initiating the termination process. For CORPORATION benefits are valued based on the annuity that purpose, if a plan has a valuation starting date, if a retirement date has date in 2020, the plan administrator 29 CFR Part 4044 been selected, or the expected needs the updated table being retirement age, if the annuity starting promulgated in this rule. Accordingly, Allocation of Assets in Single- date is not known on the valuation date. PBGC finds that the public interest is Employer Plans; Valuation of Benefits Sections 4044.55 through 4044.57 set best served by issuing this table and Assets; Expected Retirement Age forth rules for determining the expected expeditiously, without an opportunity AGENCY: Pension Benefit Guaranty retirement ages for plan participants for notice and comment, and that good Corporation. entitled to early retirement benefits. cause exists for making the table set Appendix D of part 4044 contains tables forth in this amendment effective less ACTION: Final rule. to be used in determining the expected than 30 days after publication to allow SUMMARY: This rule amends the Pension early retirement ages. as much time as possible to estimate the Benefit Guaranty Corporation’s Table I in appendix D (Selection of value of plan benefits with the proper regulation on Allocation of Assets in Retirement Rate Category) is used to table for plans with valuation dates in Single-Employer Plans by substituting a determine whether a participant has a early 2020. new table for determining expected low, medium, or high probability of PBGC has determined that this action retirement ages for participants in retiring early. The determination is is not a ‘‘significant regulatory action’’ pension plans undergoing distress or based on the year a participant would under the criteria set forth in Executive involuntary termination with valuation reach ‘‘unreduced retirement age’’ (i.e., Order 12866 and Executive Order dates falling in 2020. This table is the earlier of the normal retirement age 13771. or the age at which an unreduced needed to compute the value of early Because no general notice of proposed benefit is first payable) and the retirement benefits and, thus, the total rulemaking is required for this participant’s monthly benefit at value of benefits under a plan. regulation, the Regulatory Flexibility unreduced retirement age. The table DATES: Act of 1980 does not apply (5 U.S.C. This rule is effective January 1, applies only to plans with valuation 601(2)). 2020. dates in the current year and is updated FOR FURTHER INFORMATION CONTACT: annually by PBGC to reflect changes in List of Subjects in 29 CFR Part 4044 Gregory Katz ([email protected]), the cost of living, etc. Attorney, Regulatory Affairs Division, Tables II–A, II–B, and II–C (Expected Employee benefit plans, Pension Office of the General Counsel, Pension Retirement Ages for Individuals in the insurance. Benefit Guaranty Corporation, 1200 K Low, Medium, and High Categories In consideration of the foregoing, 29 Street NW, Washington, DC 20005, 202– respectively) are used to determine the CFR part 4044 is amended as follows: 326–4400, ext. 3829. (TTY users may expected retirement age after the call the Federal relay service toll-free at probability of early retirement has been PART 4044—ALLOCATION OF 1–800–877–8339 and ask to be determined using Table I. These tables ASSETS IN SINGLE-EMPLOYER connected to 202–326–4400, ext. 3829.) establish, by probability category, the PLANS SUPPLEMENTARY INFORMATION: The expected retirement age based on both Pension Benefit Guaranty Corporation the earliest age a participant could retire ■ 1. The authority citation for part 4044 (PBGC) administers the pension plan under the plan and the unreduced continues to read as follows: termination insurance program under retirement age. This expected retirement Authority: 29 U.S.C. 1301(a), 1302(b)(3), title IV of the Employee Retirement age is used to compute the value of the 1341, 1344, 1362. Income Security Act of 1974 (ERISA). early retirement benefit and, thus, the ■ 2. Appendix D to part 4044 is PBGC’s regulation on Allocation of total value of benefits under the plan. amended by removing Table I–19 and Assets in Single-Employer Plans (29 This document amends appendix D to adding in its place Table I–20 to read as CFR part 4044) sets forth (in subpart B) replace Table I–19 with Table I–20 to follows: the methods for valuing plan benefits of provide an updated correlation, terminating single-employer plans appropriate for calendar year 2020, Appendix D to Part 4044—Tables Used covered under title IV. Guaranteed between the amount of a participant’s To Determine Expected Retirement Age

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TABLE I–20—SELECTION OF RETIREMENT RATE CATEGORY [For valuation dates in 2020 1]

Participant’s retirement rate category is—

If participant reaches URA in year— Low 2 if monthly Medium 3 if monthly benefit at URA is— High 4 if monthly benefit at URA is benefit at URA less than— From— To— is greater than—

2021 ...... 672 672 2,839 2,839 2022 ...... 688 688 2,905 2,905 2023 ...... 704 704 2,971 2,971 2024 ...... 720 720 3,040 3,040 2025 ...... 736 736 3,110 3,110 2026 ...... 753 753 3,181 3,181 2027 ...... 771 771 3,254 3,254 2028 ...... 788 788 3,329 3,329 2029 ...... 806 806 3,406 3,406 2030 or later ...... 825 825 3,484 3,484 1 Applicable tables for valuation dates before 2020 are available on PBGC’s website (www.pbgc.gov). 2 Table II–A. 3 Table II–B. 4 Table II–C.

* * * * * DATES: The regulations in the table to 33 Dated: November 29, 2019. CFR 165.506 at (a)(16) will be enforced Scott E. Anderson, from 5:45 p.m. through 6:30 p.m. on Captain, U.S. Coast Guard, Captain of the Issued in Washington, DC, by: December 31, 2019, and from 11:45 p.m. Port, Delaware Bay. Hilary Duke, on December 31, 2019, through 12:30 [FR Doc. 2019–26471 Filed 12–6–19; 8:45 am] Assistant General Counsel for Regulatory a.m. on January 1, 2020. BILLING CODE 9110–04–P Affairs, Pension Benefit Guaranty FOR FURTHER INFORMATION CONTACT: Corporation. If you have questions about this notice of [FR Doc. 2019–26456 Filed 12–6–19; 8:45 am] DEPARTMENT OF HOMELAND enforcement, you may call or email SECURITY BILLING CODE 7709–02–P Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Coast Guard DEPARTMENT OF HOMELAND Management Division, telephone 215– SECURITY 271–4814, email Thomas.J.Welker@ 33 CFR Part 165 uscg.mil. Coast Guard [Docket Number USCG–2019–0486] SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone in the 33 CFR Part 165 RIN 1625–AA00 Table to 33 CFR 165.506, entry (a)(16), [Docket No. USCG–2019–0906] for the Delaware River Waterfront Safety Zone; Ohio River, Brookport, IL Corporation New Year’s Eve Fireworks Safety Zones; Fireworks Displays in AGENCY: Coast Guard, DHS. displays. This action is necessary to the Fifth Coast Guard District ACTION: Final rule. ensure safety of life on the navigable AGENCY: Coast Guard, DHS. waters of the United States immediately SUMMARY: The Coast Guard is ACTION: Notice of enforcement of prior to, during, and immediately after establishing a temporary safety zone on regulation. the fireworks displays. Our regulation a portion of the Ohio River in for safety zones of fireworks displays Brookport, IL. This action is necessary SUMMARY: The Coast Guard will enforce within the Fifth Coast Guard District, to protect personnel, vessels, and the the Penn’s Landing, Delaware River, table to § 165.506, entry (a)(16) specifies marine environment from potential Philadelphia, PA, safety zone from 5:45 the location of the regulated area as all hazards created by the demolition of p.m. through 6:30 p.m. on December 31, waters of Delaware River, adjacent to Lock and Dam 52 involving explosives. 2019, and from 11:45 p.m. on December Entry of vessels or persons into this 31, 2019, through 12:30 a.m. on January Penn’s Landing, Philadelphia, PA, zone is prohibited unless specifically 1, 2020. This is to ensure safety of life within 500 yards of a fireworks barge at ° ′ ″ authorized by the Captain of the Port on the navigable waters of the United approximate position latitude 39 56 49 ° ′ ″ Ohio Valley or a designated States immediately prior to, during, and N, longitude 075 08 11 W. During the representative. immediately after the fireworks enforcement periods, as reflected in displays. Our regulation for safety zones § 165.506(d), vessels may not enter, DATES: This rule is effective without of fireworks displays in the Fifth Coast remain in, or transit through the safety actual notice from December 9, 2019 Guard District identifies the area for this zones unless authorized by the Captain through December 1, 2020. For the event at Penn’s Landing in Philadelphia, of the Port or on scene designated Coast purposes of enforcement, actual notice PA. During the enforcement periods Guard patrol personnel. will be used from December 3, 2019 vessels may not enter, remain in, or In addition to this notice of through December 9, 2019 transit through the safety zones unless enforcement in the Federal Register, the ADDRESSES: To view documents authorized by the Captain of the Port or Coast Guard plans to provide mentioned in this preamble as being on scene designated Coast Guard patrol notification of this enforcement period available in the docket, go to https:// personnel. via broadcast notice to mariners. www.regulations.gov, type USCG–2019–

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0486 in the ‘‘SEARCH’’ box and click necessary to facilitate safe demolition of businesses, not-for-profit organizations ‘‘SEARCH.’’ Click on Open Docket Lock and Dam 52. A Broadcast Notices that are independently owned and Folder on the line associated with this to Mariners (BNMs) will be issued six operated and are not dominant in their rule. hours prior to the start of blasting to fields, and governmental jurisdictions FOR FURTHER INFORMATION CONTACT: If notify the public that the safety zone is with populations of less than 50,000. you have questions on this rule, call or being enforced. Vessels will be able to The Coast Guard certifies under 5 U.S.C. email MST2, Dylan Caikowski, MSU transit the safety zone when explosives 605(b) that this rule will not have a Paducah, U.S. Coast Guard; telephone are not being detonated. This safety significant economic impact on a 270–442–1621 ext. 2120, email STL- zone is intended to protect personnel, substantial number of small entities. [email protected]. vessels, and the marine environment in While some owners or operators of SUPPLEMENTARY INFORMATION: these navigable waters during the vessels intending to transit the safety detonation of explosives for the zone may be small entities, for the I. Table of Abbreviations demolition. No vessel or person will be reasons stated in section V.A above, this CFR Code of Federal Regulations permitted to enter the safety zone rule will not have a significant DHS Department of Homeland Security without obtaining permission from the economic impact on any vessel owner FR Federal Register COTP or a designated representative or operator. NPRM Notice of proposed rulemaking during demolition operations involving Under section 213(a) of the Small § Section explosives. The text of the rule remains Business Regulatory Enforcement U.S.C. United States Code unchanged, but the effective period is Fairness Act of 1996 (Pub. L. 104–121), II. Background Information and extended to facilitate safe demolition we want to assist small entities in Regulatory History through the anticipated completion of understanding this rule. If the rule the operations. The purpose of this rule is to ensure would affect your small business, the safety of vessels on the navigable V. Regulatory Analyses organization, or governmental jurisdiction and you have questions waters of the Ohio River during the We developed this rule after concerning its provisions or options for demolition of Lock and Dam 52. During considering numerous statutes and compliance, please contact the person this time, a temporary safety zone on the Executive orders related to rulemaking. listed in the FOR FURTHER INFORMATION Ohio River would be necessary to Below we summarize our analyses CONTACT section. protect persons, property, and based on a number of these statutes and infrastructure from potential damage Executive orders, and we discuss First Small businesses may send comments and safety hazards associated with the Amendment rights of protestors. on the actions of Federal employees demolition of Lock and Dam 52. In who enforce, or otherwise determine response, on July 8, 2019, the Coast A. Regulatory Planning and Review compliance with, Federal regulations to Guard published an interim final rule Executive Orders 12866 and 13563 the Small Business and Agriculture titled Safety Zone; Ohio River, direct agencies to assess the costs and Regulatory Enforcement Ombudsman Brookport, IL (84 FR 34299). There we benefits of available regulatory and the Regional Small Business stated why we issued the interim final alternatives and, if regulation is Regulatory Fairness Boards. The rule, and invited comments on our necessary, to select regulatory Ombudsman evaluates these actions regulatory action related to the approaches that maximize net benefits. annually and rates each agency’s demolition of the Lock and Dam 52 on Executive Order 13771 directs agencies responsiveness to small business. If you the Ohio River. During the comment to control regulatory costs through a wish to comment on actions by period that ended August 19, 2019, we budgeting process. This rule has not employees of the Coast Guard, call 1– received no comments. been designated a ‘‘significant 888–REG–FAIR (1–888–734–3247). The regulatory action,’’ under Executive Coast Guard will not retaliate against III. Legal Authority and Need for Rule Order 12866. Accordingly, this rule has small entities that question or complain The Coast Guard is issuing this rule not been reviewed by the Office of about this rule or any policy or action under authority in 46 U.S.C. 70034 Management and Budget (OMB), and of the Coast Guard. (previously 33 U.S.C. 1231). The pursuant to OMB guidance it is exempt C. Collection of Information Captain of the Port Sector Ohio Valley from the requirements of Executive (COTP) has determined that potential Order 13771. This rule will not call for a new hazards associated with demolition of This regulatory action determination collection of information under the Lock and Dam 52 involving explosives is based on the size, location, duration, Paperwork Reduction Act of 1995 (44 will be a safety concern for anyone on and time-of-day of the safety zone. This U.S.C. 3501–3520). the Ohio River from mile marker (MM) safety zone will only be enforced D. Federalism and Indian Tribal 937 to MM 941. This rule is needed to between MM 937 to MM 941 for a short Governments protect personnel, vessels, and the period of time each day and will only marine environment in the navigable impact a small portion of the Ohio A rule has implications for federalism waters within the safety zone during the River. Additionally, this safety zone will under Executive Order 13132, demolition of Lock and Dam 52 only be enforced in daytime hours Federalism, if it has a substantial direct involving explosives. during the demolition operations of the effect on the States, on the relationship Lock and Dam 52. between the national government and IV. Discussion of Comments, Changes, the States, or on the distribution of and the Rule B. Impact on Small Entities power and responsibilities among the This rule establishes a temporary The Regulatory Flexibility Act of various levels of government. We have safety zone that covers all navigable 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and waters of the Ohio River from MM 937 requires Federal agencies to consider have determined that it is consistent to MM 941. This rule will be enforced the potential impact of regulations on with the fundamental federalism every day at midday from December 3, small entities during rulemaking. The principles and preemption requirements 2019 through December 1, 2020 as term ‘‘small entities’’ comprises small described in Executive Order 13132.

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Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 Dated: December 3, 2019. implications under Executive Order Harbors, Marine safety, Navigation A.M. Beach, 13175, Consultation and Coordination (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the with Indian Tribal Governments, requirements, Security measures, Port Sector Ohio Valley. because it does not have a substantial Waterways. [FR Doc. 2019–26472 Filed 12–6–19; 8:45 am] direct effect on one or more Indian BILLING CODE 9110–04–P tribes, on the relationship between the For the reasons discussed in the Federal Government and Indian tribes, preamble, the Coast Guard amends 33 CFR part 165 as follows: or on the distribution of power and ENVIRONMENTAL PROTECTION responsibilities between the Federal PART 165—REGULATED NAVIGATION AGENCY Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS believe this rule has implications for 40 CFR Part 52 federalism or Indian tribes, please ■ 1. The authority citation for part 165 contact the person listed in the FOR continues to read as follows: [EPA–R10–OAR–2019–0403; FRL–10002– FURTHER INFORMATION CONTACT section 75–Region 10] Authority: 46 U.S.C. 70034, 70051; 33 CFR above. 1.05–1, 6.04–1, 6.04–6, and 160.5; Air Plan Approval; ID; Update to CRB E. Unfunded Mandates Reform Act Department of Homeland Security Delegation Fee Billing Procedures No. 0170.1. The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0486 to read as AGENCY: Environmental Protection of 1995 (2 U.S.C. 1531–1538) requires follows: Agency (EPA). Federal agencies to assess the effects of ACTION: Final rule. their discretionary regulatory actions. In § 165.T08–0486 Safety Zone; Ohio River, particular, the Act addresses actions Brookport, IL. SUMMARY: The Environmental Protection that may result in the expenditure by a (a) Location. The safety zone will Agency (EPA) is taking final action to State, local, or tribal government, in the cover all navigable waters of the Ohio approve state implementation plan (SIP) aggregate, or by the private sector of River from mile marker (MM) 937 to revisions submitted by the State of $100,000,000 (adjusted for inflation) or MM 941. Idaho’s Department of Environmental more in any one year. Though this rule (b) Effective period. This section is Quality on June 5, 2019. The revisions will not result in such an expenditure, effective without actual notice from implement changes to the timing of we do discuss the effects of this rule December 9, 2019 through December 1, when fees for open burning of crop elsewhere in this preamble. 2020. For the purposes of enforcement, residue are paid. The changes provide actual notice will be used from F. Environment Idaho Department of Environmental December 3, 2019 through December 9, Quality a more streamlined We have analyzed this rule under 2019 administrative process and were based Department of Homeland Security (c) Enforcement period. This section on recommendations from Idaho’s Crop Directive 023–01 and Environmental will be enforced at midday each day Residue Advisory Committee. Planning COMDTINST 5090.1 (series), from December 3, 2019 through DATES: which guide the Coast Guard in December 1, 2020, as necessary to This rule is effective on January complying with the National facilitate safe demolition operations. 8, 2020. Environmental Policy Act of 1969 (42 (d) Regulations. (1) In accordance ADDRESSES: EPA has established a U.S.C. 4321–4370f), and have with the general regulations in § 165.23, docket for this action under Docket ID determined that this action is one of a entry of vessels or persons into the zone No. EPA–R10–OAR–2019–0403. All category of actions that do not is prohibited unless specifically documents in the docket are listed on individually or cumulatively have a authorized by the Captain of the Port https://www.regulations.gov website. significant effect on the human Sector Ohio Valley (COTP) or Publicly available docket materials are environment. This rule involves a designated representative. A designated available either through https:// temporary safety zone for the representative is a commissioned, www.regulations.gov, or please contact demolition of Lock and Dam 52 warrant, or petty officer of the U.S. the person identified in the FOR FURTHER involving explosives on the Ohio River Coast Guard assigned to units under the INFORMATION CONTACT section for in Brookport, IL. It is categorically operational control of USCG Sector additional availability information. excluded from further review under Ohio Valley. FOR FURTHER INFORMATION CONTACT: paragraph L60(a) in Table 3–1 of U.S. (2) Vessels requiring entry into the Randall Ruddick at (206) 553–1999, or Coast Guard Environmental Planning safety zone must request permission [email protected], Implementing Procedures 5090.1. A from the COTP or a designated Environmental Protection Agency, Record of Environmental Consideration representative. To seek entry into the Region 10, Air Planning Section, Air supporting this determination is safety zone, contact the COTP or the and Radiation Division, 1200 Sixth available in the docket where indicated COTP’s representative by telephone at Avenue, Suite 155–15–H13, Seattle, under ADDRESSES. 502–779–5422 or on VHF–FM channel Washington 98101–3188. 16. G. Protest Activities SUPPLEMENTARY INFORMATION: (3) Persons and vessels permitted to Throughout this document whenever The Coast Guard respects the First enter the safety zone must transit at ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is Amendment rights of protesters. their slowest safe speed and comply intended to refer to the EPA. Protesters are asked to call or email the with all lawful directions issued by the person listed in the FOR FURTHER COTP or the designated representative. Table of Contents INFORMATION CONTACT section to (e) Information broadcasts. The COTP I. Background coordinate protest activities so that your or a designated representative will II. Response to Comment message can be received without inform the public when the safety zone III. Final Action jeopardizing the safety or security of is being enforced via a Broadcast IV. Incorporation by Reference people, places or vessels. Notices to Mariners. V. Statutory and Executive Order Reviews

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I. Background to the CRB rules provide an incentive approved by the EPA for inclusion in On June 5, 2019, Idaho submitted a for fee evasion and promote the State Implementation Plan, have SIP revision request to the EPA. The SIP environmental degradation. First, the been incorporated by reference by the submittal contains two revisions to the substantive requirements for conducting EPA into that plan, are fully Federally federally-approved crop residue burning open burning in Idaho have not enforceable under sections 110 and 113 (CRB) rules. Specifically, fee due dates changed. IDAPA 58.01.01.622 General of the CAA as of the effective date of the in IDAPA 58.01.01.620.01 were changed Provisions states ‘‘All persons intending final rulemaking of the EPA’s approval, to dispose of crop residue through from ‘‘at least seven (7) days prior to the and will be incorporated by reference in burning shall abide by the following proposed burn date’’ to ‘‘within thirty the next update to the SIP compilation. provisions.’’ The provisions include a (30) days following the receipt of the requirement that IDEQ has designated V. Statutory and Executive Order annual burn fee invoice.’’ This revision that day as a burn day based on Reviews does not change the burn fee amounts, meteorological and ambient air Under the CAA, the Administrator is rather it only changes when the fee is conditions and that the permittee has required to approve a SIP submission due. Idaho revised IDAPA received an individual approval that complies with the provisions of the 58.01.01.620.02 to clarify that IDEQ will specifying the conditions under which Act and applicable Federal regulations. not accept or process registration for a the burn may be conducted. In addition, 42 U.S.C. 7410(k); 40 CFR 52.02(a). permit by rule to burn from any person IDAPA 58.01.01.622.01.f requires Thus, in reviewing SIP submissions, the with delinquent burn fees, in full or in anyone intending to burn crop residue EPA’s role is to approve state choices, part. Idaho Code 39–114 (codification of to attend a crop residue burning training provided that they meet the criteria of Idaho Senate Bill 1024, Section 4) was session. Second, the rules contain the Clean Air Act. Accordingly, this revised by removing the requirement significant disincentives to evade or fail action merely approves state law as that payment be made prior to burning to pay fees after receiving permission to meeting Federal requirements and does to align with revisions to IDAPA burn. IDAPA 58.01.01.620.02 provides not impose additional requirements 58.01.01.620.01. that IDEQ will not accept or process a beyond those imposed by state law. For These revisions do not change fee registration for a permit for any person that reason, this action: structure amounts and do not change having delinquent fees, in full or part. • Is not a ‘‘significant regulatory the timing of the fee payment for spot In addition, anyone burning in violation action’’ subject to review by the Office and bale burn permits required under of the CRB rules is subject to a fine of of Management and Budget under IDAPA 58.01.01.624.02.a. All other CRB up to $10,000 for each violation under Executive Orders 12866 (58 FR 51735, requirements remain unchanged. Idaho Statute 39–108(5). We, therefore, October 4, 1993) and 13563 (76 FR 3821, EPA published a direct final rule on have not made any changes to the January 21, 2011); September 3, 2019 (84 FR 45918), rationale or conclusions in the proposed • Is not an Executive Order 13771 (82 approving Idaho’s requested revisions to approval based on the comment FR 9339, February 2, 2017) regulatory the SIP, along with a proposed rule (84 received. action because SIP approvals are FR 45930) that provided a 30-day public exempted under Executive Order 12866; comment period. EPA received one III. Final Action • Does not impose an information anonymous comment during the public The EPA is approving, and collection burden under the provisions comment period. Consequently, the incorporating by reference in Idaho’s of the Paperwork Reduction Act (44 direct final rule on this approval was SIP, revisions to Idaho’s CRB fee U.S.C. 3501 et seq.); withdrawn on October 21, 2019 (84 FR regulations as requested by Idaho on • Is certified as not having a 56121). After consideration of the June 5, 2019 to the following provisions: significant economic impact on a comment, we do not believe any • IDAPA 58.01.01.620 (Burn Fee, substantial number of small entities changes in the rationale or conclusions state effective April 11, 2019); and under the Regulatory Flexibility Act (5 in the proposed approval are • Idaho Code 39–114 (Open Burning U.S.C. 601 et seq.); appropriate. A summary of the comment of Crop Residue, state effective February • Does not contain any unfunded as well as EPA’s response is described 26, 2019). mandate or significantly or uniquely below. We have determined that the affect small governments, as described II. Response to Comment submitted SIP revisions are consistent in the Unfunded Mandates Reform Act with section 110 of the Clean Air Act of 1995 (Pub. L. 104–4); Comment: The EPA received one (CAA). • Does not have Federalism comment. The commenter IV. Incorporation by Reference implications as specified in Executive acknowledged that the EPA’s action Order 13132 (64 FR 43255, August 10, only addressed the timing of CRB fees In this rule, the EPA is approving 1999); payment, but stated that the commenter regulatory text that includes • Is not an economically significant is ‘‘concerned as to whether or not the incorporation by reference. In regulatory action based on health or environment is being fully considered.’’ accordance with requirements of 1 CFR safety risks subject to Executive Order The commenter’s main concerns relate 51.5, we are incorporating by reference 13045 (62 FR 19885, April 23, 1997); to failure to pay and that the proposed the provisions described above in • Is not a significant regulatory action change ‘‘may also provide incentive for Section III. Final Action. The EPA has subject to Executive Order 13211 (66 FR future fee evasion.’’ The commenter made, and will continue to make, these 28355, May 22, 2001); states paying fees prior to burning documents generally available • Is not subject to requirements of ensures fees are paid while allowing electronically through http:// section 12(d) of the National payment after the burn does not ensure www.regulations.gov and at the EPA Technology Transfer and Advancement payment; and asserts that ‘‘Ensuring Region 10 Office (please contact the Act of 1995 (15 U.S.C. 272 note) because payment should precede streamlining person identified in the FOR FURTHER this action does not involve technical payment processes.’’ INFORMATION CONTACT section of this standards; and Response: We disagree with the preamble for more information). • Does not provide the EPA with the commenter’s assertions IDEQ’s revisions Therefore, these materials have been discretionary authority to address, as

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appropriate, disproportionate human until 60 days after it is published in the PART 52—APPROVAL AND health or environmental effects, using Federal Register. This action is not a PROMULGATION OF practicable and legally permissible ‘‘major rule’’ as defined by 5 U.S.C. IMPLEMENTATION PLANS methods, under Executive Order 12898 804(2). (59 FR 7629, February 16, 1994). Under section 307(b)(1) of the CAA, ■ 1. The authority citation for part 52 The SIP is not approved to apply on petitions for judicial review of this continues to read as follows: any Indian reservation land or in any action must be filed in the United States other area where the EPA or an Indian Court of Appeals for the appropriate Authority: 42 U.S.C. 7401 et seq. tribe has demonstrated that a tribe has circuit by February 7, 2020. Filing a jurisdiction. In those areas of Indian petition for reconsideration by the Subpart N—Idaho country, the rule does not have tribal Administrator of this final rule does not implications and will not impose affect the finality of this action for the ■ 2. Amend§ 52.670, in the table in substantial direct costs on tribal purposes of judicial review nor does it paragraph (c) by: governments or preempt tribal law as extend the time within which a petition ■ a. Revising entry for ‘‘620’’; and specified by Executive Order 13175 (65 for judicial review may be filed, and ■ FR 67249, November 9, 2000). shall not postpone the effectiveness of b. Under the heading ‘‘State Statutes’’: The Congressional Review Act, 5 such rule or action. This action may not ■ i. Removing the entry for ‘‘Section 3 U.S.C. 801 et seq., as added by the Small be challenged later in proceedings to of Senate Bill 1009, codified at Idaho Business Regulatory Enforcement enforce its requirements. (See section Code Section 39–114’’; and Fairness Act of 1996, generally provides 307(b)(2).) ■ ii. Adding an entry for ‘‘Section 4 of that before a rule may take effect, the Senate Bill 1024, codified at Idaho Code agency promulgating the rule must List of Subjects in 40 CFR Part 52 submit a rule report, which includes a Environmental protection, Air Section 39–114’’. copy of the rule, to each House of the pollution control, Incorporation by The revisions and addition read as Congress and to the Comptroller General reference, Intergovernmental relations. follows: of the United States. The EPA will Authority: 42 U.S.C. 7401 et seq. submit a report containing this action § 52.670 Identification of plan. and other required information to the Dated: November 14, 2019. * * * * * Chris Hladick, U.S. Senate, the U.S. House of (c) * * * Representatives, and the Comptroller Regional Administrator, Region 10. General of the United States prior to For the reasons set forth in the publication of the rule in the Federal preamble, 40 CFR part 52 is amended as Register. A major rule cannot take effect follows:

EPA-APPROVED IDAHO REGULATIONS AND STATUTES

State effective State citation Title/subject date EPA approval date Explanations

Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho

******* 620 ...... Burn Fee 4/11/2019 12/09/2019, [Insert Federal Register cita- tion].

*******

State Statutes

Section 4 of Senate Bill Open Burning of 2/26/2019 12/09/2019, [Insert Federal Register cita- 1024, codified at Idaho Crop Residue tion]. Code Section 39–114.

* * * * * ENVIRONMENTAL PROTECTION submitted by the Illinois Environmental [FR Doc. 2019–26397 Filed 12–6–19; 8:45 am] AGENCY Protection Agency (IEPA) on February 6, BILLING CODE 6560–50–P 2018, to revise the Illinois State 40 CFR Part 52 Implementation Plan (SIP) under the [EPA–R05–OAR–2018–0072; FRL–10002– Clean Air Act (CAA) for the 2010 1-hour 81-Region 5] sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). IEPA Air Plan Approval; Illinois; Sulfur specifically requested EPA approval to Dioxide amend the Illinois SIP for the 2010 1- AGENCY: Environmental Protection hour SO2 NAAQS to account for two Agency (EPA). variances granted by the Illinois ACTION: Final rule. Pollution Control Board (IPCB) to Calpine Corporation (Calpine) and SUMMARY: The Environmental Protection Exelon Generation, LLC (Exelon). EPA Agency (EPA) is approving a request

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proposed to approve the state’s Variance with the IPCB regarding its submitted by Calpine and Exelon to the submittal on June 12, 2019. Byron (Ogle County), Clinton (DeWitt IPCB. DATES: This final rule is effective on County), Dresden (Grundy County), and On June 12, 2019, at 84 FR 27212, January 8, 2020. LaSalle (LaSalle County) nuclear EPA proposed to approve IEPA’s request ADDRESSES: EPA has established a generation stations. See Exelon to amend the Illinois SIP to reflect the docket for this action under Docket ID Generation, LLC v. Illinois variances granted by the IPCB for No. EPA–R05–OAR–2018–0072. All Environmental Protection Agency, PCB Calpine and Exelon. documents in the docket are listed in 16–106. Section 35 of the Illinois II. What comments did we receive on the http://www.regulations.gov website. Environmental Protection Act provides the proposed SIP revision? Although listed in the index, some that the IPCB, under state law, ‘‘may grant individual variances . . . Our June 12, 2019 proposed rule information is not publicly available, provided a 30-day comment period. The e.g., Confidential Business Information whenever it is found, upon presentation of adequate proof, that compliance with comment period closed on July 12, or other information whose disclosure is 2019. EPA received comments from one restricted by statute. Certain other any rule or regulation . . . would impose an arbitrary or unreasonable party during the public comment material, such as copyrighted material, period. In this section we are is not placed on the internet and will be hardship.’’ (IPCB’s granting of such a variance under state law, however, does responding to the comments received. publicly available only in hard copy Comment. The commenter generally not automatically revise what is form. Publicly available docket states that EPA should not approve the federally enforceable under the SIP; materials are available either through variances addressed in the proposal. only if Illinois submits and EPA http://www.regulations.gov, or please The commenter specifically notes that approves a SIP revision reflecting the contact the person identified in the FOR the sources’ claim that they are granting of the variance can the FURTHER INFORMATION CONTACT section economically burdened by the federally enforceable SIP be revised.) for additional availability information. imposition of the state’s rule requiring Exelon requested temporary relief from FOR FURTHER INFORMATION CONTACT: compliance with sulfur limits of no Francisco J. Acevedo, Mobile Source the 15 ppm sulfur content limitation for greater than 15 ppm is factually Program Manager, Control Strategies distillate fuel oil set forth in 35 Ill. Adm. incorrect. In addition, the commenter Section, Air Programs Branch (AR–18J), Code 214.161(b)(2). On September 8, asserts that the facilities should not be Environmental Protection Agency, 2016, the IPCB granted the variance allowed to dilute the 15 ppm fuel with Region 5, 77 West Jackson Boulevard, subject to a number of conditions. any remaining high sulfur fuel and that Chicago, Illinois 60604, (312) 886–6061, On June 16, 2016, Calpine also filed they should immediately sell any [email protected]. a Petition for Variance with the IPCB remaining non-compliant fuel and stop regarding the Zion Energy Center. See SUPPLEMENTARY INFORMATION: burning diluted fuel with non- Throughout this document, wherever Calpine Corporation (Zion Energy compliant sulfur limits. ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean Center) v. Illinois Environmental Response. As discussed in more detail EPA. Protection Agency, PCB 16–112. On in the June 12, 2019 proposed approval, August 8, 2016, Calpine filed an both Exelon and Calpine considered I. What is being addressed by this Amended Petition for Variance with the several potential options to comply with document? IPCB, requesting temporary relief from the Sulfur Content Rule as of January 1, In conjunction with Illinois’ adoption the 15 ppm sulfur content limitation for 2017. Such options included of SO2 emission limits for major distillate fuel oil set forth in 35 Ill. Adm. combusting all the non-compliant fuel; sources, the state adopted rule revisions Code 214.161(b)(2). On November 17, continuing to dilute the fuel’s sulfur (Sulfur Content Rule) to limit the sulfur 2016, the IPCB granted the variance content concentrations with ultra-low content of distillate and residual fuel oil from January 1, 2017, to December 31, sulfur diesel (ULSD); draining all the combusted at stationary sources 2021, subject to several conditions. IPCB storage tanks and refilling them with throughout the state. See 35 Ill. Adm. also granted the motion on August 17, ULSD. According to the IPCB, both Code 214.161(b)(2) and 214.305(a)(2). 2017, amending its order to correct the companies demonstrated that none of The Sulfur Content Rule specifically errors. the compliance alternatives evaluated requires that the sulfur content of The Petition for Variance sought relief were practicable for meeting the 15 ppm distillate fuel oil combusted on or after from provisions that were approved into sulfur limit by January 1, 2017 and January 1, 2017, not exceed 15 parts per the Illinois SIP. Those SIP provisions presented a substantial hardship to the million (ppm). The rule applies to remain in effect and enforceable unless companies. EPA agrees with IPCB’s owners and operators of existing fuel and until EPA revises the SIP to evaluation that substantial hardship combustion emission and process incorporate the variances. Thus, exists based on review of support emission sources that burn liquid fuel. following the decision by IEPA to documentation provided to the IPCB Illinois’ Sulfur Content Rule, approve the variances, IEPA submitted and included as part of the SIP revision containing 35 Ill. Adm. Code them to EPA for approval as SIP submitted to EPA. Exelon’s plan for 214.161(b)(2) and 214.305(a)(2), was revisions. complying with the Sulfur Content Rule submitted to EPA as a SIP revision on On February 6, 2018, IEPA formally by the end of the variance period March 2, 2016, and EPA issued an submitted a request for EPA approval to outlined by the IPCB calls for approval in the Federal Register on amend the Illinois SIP for the 2010 1- continuing to replenish the lower sulfur February 1, 2018 (83 FR 4591) and May hour SO2 NAAQS to account for two tanks with ULSD; and, as part of a 29, 2018 (83 FR 24406). variances granted by the IPCB to coordinated program, emptying the On May 18, 2016, pursuant to Section Calpine and Exelon. The submittal higher sulfur tanks and refilling them 35(a) of the Illinois Environmental included an analysis of the potential with ULSD. Under Calpine’s Protection Act, 415 ILCS 5/34(a), and impact of the variances on air quality, compliance plan, the facility would Part 104 of Title 35 of the Illinois specifically with respect to the 2010 1- comply with the Sulfur Content Rule by Administrative Code, 35 Ill. Adm. Code hour SO2 NAAQS. This analysis was January 1, 2022 by continuing to 104.100, Exelon filed a Petition for part of the variance applications purchase only fuel with sulfur content

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below 15 ppm. This ensures that the period (unachieved emissions monitors closest to the sources recorded sulfur content of the fuel used at the reductions). While these variances delay any exceedances of the 75 ppb standard facility will continue to decrease. the emission reductions provided by the between 2014–2016, the design value During the variance period, the sulfur approved state rule, these reductions are timeframe immediately before Illinois content of all distillate oil combusted by not necessary to achieve attainment in implemented its statewide Sulfur Calpine must not exceed 115 ppm sulfur these areas, since EPA concluded that Content Rule requirement. The highest content. EPA believes that both these areas were attaining the standard 1-hour design value (2014–2016) for the compliance plans provide enough even before the reductions required by nearest SO2 monitoring sites to the flexibility to allow Exelon and Calpine Illinois’ rule were to commence. Exelon sources ranged from 11 ppb to to address their hardship concerns Specifically, as discussed in more detail 44 ppb. Also, as stated above, EPA while also requiring full compliance in the June 12, 2019 proposed approval, concluded that the impact of this with the Sulfur Content Rule at the end EPA designated all of these counties as variance with regards to section 110(l) of the variance period. The commenter attainment/unclassifiable on January 9, does not result in emissions increases did not submit any specific information 2018, based on monitoring data from above the levels of emissions that were for EPA review to substantiate its claim 2014 to 2016 and emissions information in place when these counties were that the companies’ hardship concerns that predated the January 1, 2017 designated as attainment/unclassifiable were factually incorrect. compliance date of Illinois’ fuel sulfur for the 2010 1-hour SO2 NAAQS, but In addition, while hardship is a regulation. rather result in unachieved emission prerequisite for state variance issuance The information submitted by the reductions that are deferred during the in this case, hardship is not a state was sufficient to assess whether variance period. prerequisite for Federal approval. The the requirements of section 110(l) were For the Calpine variance, the backup state regulation under which it grants met. For the Exelon variance, the distillate oil in the tank at the Zion variances is not part of the SIP. potentially affected geographic areas Energy Center would allow for Hardship is a defensible criterion for the include portions of the four counties in approximately 68.6 hours of turbine state to use in allocating air quality which the Exelon facilities are located. operation or approximately 22.8 hours resources, but it is not a criterion under Each of these counties is designated as for each of the three combustion the CAA, nor is EPA obliged in this case attainment/unclassifiable for the 2010 1- turbines at the facility. Using the to judge whether it would have made hour SO2 NAAQS. This includes Ogle remaining distillate oil with 115 ppm the same determination as the state. County for Byron Station, LaSalle sulfur content would result in actual EPA here needs only to judge whether County for LaSalle Station, Grundy unachieved emissions of 0.77 tons of the approval of these variances into the County for Dresden Station and DeWitt SO2 over the five-year term of the SIP interferes with attainment and County for Clinton Station. The variance, or 0.15 tons per year. The reasonable further progress or any other combined backup diesel storage modeling conducted for this variance to applicable CAA requirement. capacity for the four Exelon stations demonstrate the environmental impact Comment. The commenter raises which are part of this variance is of using distillate oil with 115 ppm concerns that the state did not perform 782,668 gallons. Using the maximum sulfur content shows that the air quality an appropriate CAA section 110(l) capacity of diesel fuel with a worst case in potentially impacted areas will analysis to determine what effect these 250 ppm sulfur content would result in remain far below the 2010 1-hour SO2 units would have on the 2010 1-hour 1.7 tons of combined unachieved NAAQS, and the facility will not cause SO2 NAAQS. Further, the commenter emissions reductions during the a modeled NAAQS exceedance. states that EPA should evaluate variance period (0.443 tons at the Byron The nearest SO2 monitoring sites to situations when all the engines are station; 0.238 tons at the Clinton station; Calpine did not record any exceedances being used at the same time since they 0.343 tons at the Dresden station; and in 2013 (IEPA 2013) when Calpine had appear to be emergency units that 0.342 tons at the LaSalle station). A a permitted sulfur limit of 480 ppm. The would likely be turned on at the same calculation of expected unachieved highest 1-hour monitored value in 2013 time. emissions reductions based on a more for those sites are 14 ppb and 10 ppb Response. Both Exelon and Calpine realistic projection, which uses a five- (36.7 ug/m3 and 26.2 ug/m3). Calpine is submitted an analysis of the potential year average annual fuel usage at each also approximately 90 kilometers from impact of their respective variances on station and current sulfur the nearest nonattainment area for the air quality, specifically with regard to concentrations of the fuel in the 2010 1-hour SO2 NAAQS, Lemont (AQS the 2010 1-hour SO2 NAAQS. These pertinent tanks (based on the highest ID 17–031–16010). Based on available analyses were part of the variance measure sulfur content fuel in the air quality modeling results, Calpine is applications submitted to the IPCB. In largest tanks at the Byron, Clinton, and not contributing to these monitors. addition, IEPA and EPA independently Dresden stations and an average at the The commenter is concerned about evaluated the impact of both variances LaSalle station), would result in the possibility that all of the backup and concluded that the facilities would unachieved emissions reductions on a generators being granted variances not contribute to current SO2 yearly basis during the variance period might operate simultaneously. Given the nonattainment areas, and that they totaling less than one-tenth of one ton distances between the different affected would not cause any current attainment for all the stations combined. facilities, air quality near any one of area to violate the SO2 NAAQS. In The 2010 1-hour SO2 NAAQS (or these facilities would not reflect any addition, EPA concluded that the standard) is 75 parts per billion (ppb) detectable impact from any level of impact of these variances with regards based on the ‘‘design value’’ (the three- operation of pertinent SO2 sources at to section 110(l) do not result in year average of annual 99th percentile any of the other affected facilities. The emissions increases above the levels of daily maximum 1-hour average more germane question is whether full emissions that were in place when EPA concentrations). IEPA maintains fifteen simultaneous usage of the variance by designated these counties as attainment/ (15) SO2 air monitors throughout the the affected units at any one of these unclassifiable for the 2010 1-hour SO2 state. While these monitors are at a facilities would cause air quality NAAQS, but rather result in deferred substantial distance from the sources concerns. The available information emission reductions during the variance that were granted variances, none of the demonstrates that these areas are

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attaining by sufficient margin and the designations process, but rather result in depleted, Exelon is obligated to impact of these variances is sufficiently unachieved emission reductions that are replenish the tanks to maintain the small that these variances would not deferred during the variance period. As required seven-day supply, which interfere with attainment or any other outlined earlier, the design value for the would result in burning compliant fuel, CAA requirement. closest monitors to the facilities are as well as non-compliant fuel. In Comment. The commenter does not sufficiently below the 2010 1-hour SO2 addition, Exelon indicates that the believe the variances should be NAAQS and even assuming that the Federally Enforceable State Operating approved because the Round 3 SO2 combined deferred emissions reduction Permits for the facilities restrict the designations did not account for these of 2.47 tons were to be considered an usage of, and emissions from, the units burning non-compliant sulfur fuel. emission increase and were to occur at emergency equipment. Similarly, some The commenter believes that if these one time, it would not trigger a violation of the equipment is subject to Federal units were to turn on all at the same of the 2010 1-hour SO2 NAAQS. In New Source Performance Standards for time near a Round 3 or Round 4 SO2 addition, the impact of these variances ‘‘Stationary Compression Ignition designation source, the 2010 1-hour SO2 is minimized by the fact the all the Internal Combustion Engines’’ (40 CFR NAAQS could be violated. EPA must facilities are located outside of each affirmatively determine whether this is other facility’s reasonable modeling part 60, subpart IIII) and the National a possibility and whether the sources domain and would not have the Emission Standards for Hazardous Air could contribute to a violation of a 2010 potential to cause any significant Pollutants for ’’Stationary Reciprocating 1-hour SO2 NAAQS. concentration gradients within an area Internal Combustion Engines’’ (40 CFR Response. In fact, the Round 3 SO2 of analysis. part 63, subpart ZZZZ), which also designations did account for these Regarding Round 4 SO2 designations, restrict the amount of time the emissions. These designations were Illinois installed and began operation of emergency equipment can be operated. based on actual emissions in these a new monitoring network near a pair of In Calpine’s case, the company is areas. While the variances authorize the DRR sources in Macon County by contractually obligated to maintain 12 affected sources to defer any decrease in January 1, 2017. Under a court-ordered hours of backup fuel in case of emissions as soon as would otherwise designation schedule, EPA is required emergency, so draining the tanks would be required, the designation reflects by December 31, 2020, to designate this violate this obligation and risk public available evidence indicating that the area (Macon County) using three years safety. In its hardship assessment, areas were attaining the standard even (2017–2019) of quality-assured data to Calpine argued that it cannot combust before the emission reductions from be collected from this network. None of all its distillate oil without violating its Illinois’ low sulfur fuel oil rule took the Exelon and Calpine units that are Clean Air Act Permit Program permit effect in these areas. part of this variance request are in All the facilities that received these Macon County or are within the that was reissued on October 16, 2014 variances from IPCB are located in reasonable modeling domain and would (ID NO. 097200ABB, Application No. separate counties that were designated not have the potential to cause any 99110042). Under its permit, the facility by EPA as attainment/unclassifiable for significant concentration gradients may only combust distillate oil for the 2010 1-hour SO2 NAAQS during the within the area of analysis. limited purposes including when Round 3 SO2 designations process. As Comment. The commenter states that natural gas is unavailable or for part of its evaluation of the variances, even if EPA believes the variance is shakedown, evaluation, and testing of IEPA examined the locations of the appropriate, EPA should instead require the turbines. Therefore, the facility’s affected facilities in comparison to areas the affected facilities to utilize the non- permit and economic conditions that were investigated and modeled for compliant fuel first using a ‘‘first in, first prevented burning the entire supply of future area designation out’’ method, so that the non-compliant the distillate oil supply before January recommendations (Round 2 and Round fuel is used up faster, thereby reducing 1, 2017. Additionally, Calpine argues 3 SO2 designations process), and found the time it takes for the facilities to that draining the storage tanks would that there was no overlap; IEPA come into compliance with the state impose a substantial hardship. Draining determined, and EPA concurs, that it rule and the SIP. The commenter further the tanks would entail purchasing and did not believe that the facilities states that EPA should require the installing new equipment and revising associated with these variances would facilities to use up any non-compliant facility plans that safeguard fuel spills at impact potential future nonattainment fuel first without dilution so that the a substantial cost. As part of their areas or change the designation for any time in non-compliance is limited and variance agreement, both Exelon and of the counties where the facilities are any violation of the SIP and state law is Calpine are required to fully comply located. Because of their relatively low limited to a short time period. with the Sulfur Content Rule and will SO2 contribution levels, none of the Response. Requiring the affected incur the costs necessary to achieve

facilities were required by EPA’s SO2 facilities to utilize non-compliant fuel compliance. The companies only seek Data Requirement Rule (DRR) to be using a ‘‘first in, first out’’ method is not additional time to comply with the discretely modeled during the Round 3 practicable in this situation because of requirements of the Sulfur Content Rule SO designations process. However, the number of tanks that are affected; 2 within their current regulatory and EPA designated the pertinent counties the location of these tanks in the as attainment unclassifiable on the basis facilities; and because of the legal and contractual framework. of 2014 to 2016 monitored air quality contractual restrictions that require both III. What action is EPA taking? data and emissions information, companies to maintain a specified reflecting air quality before the January volume of fuel on hand. In Exelon’s EPA is approving the revision to the 1, 2017 compliance date for Illinois’ fuel case, the Nuclear Regulatory Illinois SIP submitted by the IEPA on sulfur regulation. The variances do not Commission regulations require that the February 6, 2018, because the variances change this assessment because their facilities store and maintain on-site granted by the IPCB for Calpine and impact does not result in emissions enough fuel to power the emergency Exelon meet all applicable requirements increases above the levels of emissions equipment for up to seven days and and would not interfere with attainment that were in place during the Round 3 ensure nuclear safety. As the fuel is of the 2010 1-hour SO2 NAAQS.

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IV. Incorporation by Reference of the Paperwork Reduction Act (44 of the United States. EPA will submit a In this rule, EPA is finalizing U.S.C. 3501 et seq.); report containing this action and other • Is certified as not having a regulatory text that includes required information to the U.S. Senate, significant economic impact on a incorporation by reference. In the U.S. House of Representatives, and substantial number of small entities accordance with requirements of 1 CFR the Comptroller General of the United under the Regulatory Flexibility Act (5 51.5, EPA is finalizing the incorporation States prior to publication of the rule in U.S.C. 601 et seq.); by reference of the IPCB Opinion and the Federal Register. A major rule • Does not contain any unfunded cannot take effect until 60 days after it Orders of the Board described in the mandate or significantly or uniquely amendments to 40 CFR part 52 set forth is published in the Federal Register. affect small governments, as described This action is not a ‘‘major rule’’ as below. EPA has made, and will continue in the Unfunded Mandates Reform Act to make, these documents generally defined by 5 U.S.C. 804(2). of 1995 (Pub. L. 104–4); Under section 307(b)(1) of the CAA, available through www.regulations.gov, • Does not have Federalism and/or at the EPA Region 5 Office petitions for judicial review of this implications as specified in Executive action must be filed in the United States (please contact the person identified in Order 13132 (64 FR 43255, August 10, the FOR FURTHER INFORMATION CONTACT Court of Appeals for the appropriate 1999); circuit by February 7, 2020. Filing a section of this preamble for more • Is not an economically significant information). Therefore, these materials petition for reconsideration by the regulatory action based on health or Administrator of this final rule does not have been approved by EPA for safety risks subject to Executive Order inclusion in the SIP, have been affect the finality of this action for the 13045 (62 FR 19885, April 23, 1997); purposes of judicial review nor does it incorporated by reference by EPA into • Is not a significant regulatory action extend the time within which a petition that plan, are fully federally enforceable subject to Executive Order 13211 (66 FR for judicial review may be filed, and under sections 110 and 113 of the CAA 28355, May 22, 2001); as of the effective date of the final • Is not subject to requirements of shall not postpone the effectiveness of rulemaking of EPA’s approval, and will Section 12(d) of the National such rule or action. This action may not be incorporated by reference in the next Technology Transfer and Advancement be challenged later in proceedings to update to the SIP compilation.1 Act of 1995 (15 U.S.C. 272 note) because enforce its requirements. (See section 307(b)(2) of the CAA.) V. Statutory and Executive Order application of those requirements would Reviews be inconsistent with the CAA; and List of Subjects in 40 CFR Part 52 • Does not provide EPA with the Under the CAA, the Administrator is discretionary authority to address, as Environmental protection, Air required to approve a SIP submission appropriate, disproportionate human pollution control, Incorporation by that complies with the provisions of the health or environmental effects, using reference, Sulfur oxides. CAA and applicable Federal regulations. practicable and legally permissible Dated: November 20, 2019. 42 U.S.C. 7410(k); 40 CFR 52.02(a). methods, under Executive Order 12898 Cathy Stepp, Thus, in reviewing SIP submissions, (59 FR 7629, February 16, 1994). Regional Administrator, Region 5. EPA’s role is to approve state choices, In addition, the SIP is not approved provided that they meet the criteria of to apply on any Indian reservation land 40 CFR part 52 is amended as follows: the CAA. Accordingly, this action or in any other area where EPA or an PART 52—APPROVAL AND merely approves state law as meeting Indian tribe has demonstrated that a PROMULGATION OF Federal requirements and does not tribe has jurisdiction. In those areas of IMPLEMENTATION PLANS impose additional requirements beyond Indian country, the rule does not have those imposed by state law. For that tribal implications and will not impose ■ 1. The authority citation for part 52 reason, this action: substantial direct costs on tribal continues to read as follows: • Is not a significant regulatory action governments or preempt tribal law as subject to review by the Office of specified by Executive Order 13175 (65 Authority: 42 U.S.C. 7401 et seq. Management and Budget under FR 67249, November 9, 2000). ■ 2. In § 52.720 the table in paragraph Executive Orders 12866 (58 FR 51735, The Congressional Review Act, 5 (d) is amended by adding entries in October 4, 1993) and 13563 (76 FR 3821, U.S.C. 801 et seq., as added by the Small alphabetical order for ‘‘Calpine January 21, 2011); Business Regulatory Enforcement Corporation (Zion Energy Center)’’ and • Is not an Executive Order 13771 (82 Fairness Act of 1996, generally provides ‘‘Exelon Generation, LLC’’ to read as FR 9339, February 2, 2017) regulatory that before a rule may take effect, the follows: action because SIP approvals are agency promulgating the rule must exempted under Executive Order 12866; submit a rule report, which includes a § 52.720 Identification of plan. • Does not impose an information copy of the rule, to each House of the * * * * * collection burden under the provisions Congress and to the Comptroller General (d) * * *

EPA-APPROVED ILLINOIS SOURCE-SPECIFIC REQUIREMENTS

Order/permit State effective Name of source No. date EPA approval date Comments

******* Calpine Corporation (Zion PCB 16–112 12/19/2016 12/09/2019, [insert Federal Register cita- As amended on 8/17/2017. Energy Center). tion].

1 62 FR 27968 (May 22, 1997).

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EPA-APPROVED ILLINOIS SOURCE-SPECIFIC REQUIREMENTS—Continued

Order/permit State effective Name of source No. date EPA approval date Comments

******* Exelon Generation, LLC ..... PCB 16–106 9/13/2016 12/09/2019, [insert Federal Register cita- tion].

*******

* * * * * INFORMATION CONTACT section for ozone specific requirements are found [FR Doc. 2019–26295 Filed 12–6–19; 8:45 am] additional availability information. in sections 182 and 184 of the CAA. BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: On March 12, 2008, EPA revised the Emlyn Ve´lez-Rosa, Planning & 8-hour ozone standards, by lowering the Implementation Branch (3AD30), Air & standard to 0.075 parts per million ENVIRONMENTAL PROTECTION Radiation Division, U.S. Environmental (ppm) averaged over an 8-hour period AGENCY Protection Agency, Region III, 1650 (2008 ozone NAAQS). See 73 FR 16436. 40 CFR Part 52 Arch Street, Philadelphia, Pennsylvania Under the 2008 ozone NAAQS, only the 19103. The telephone number is (215) Northern portion of Virginia is subject ´ [EPA–R03–OAR–2019–0277; FRL–10002– 814–2038. Ms. Velez-Rosa can also be to RACT due to its location in the OTR, 86–Region 3] reached via electronic mail at velez- as there are no moderate nonattainment [email protected]. areas in Virginia under the standard. Approval and Promulgation of Air SUPPLEMENTARY INFORMATION: The OTR portion of Virginia consists of Quality Implementation Plans; Virginia; the Arlington County, Fairfax County, Source-Specific Reasonably Available I. Background Loudoun County, Prince William Control Technology Determinations for County, Alexandria City, Fairfax City, On August 1, 2019 (84 FR 37607), 2008 Ozone National Ambient Air Falls Church City, Manassas City, Quality Standard EPA published a notice of proposed rulemaking (NPRM) for the Manassas Park City, and Strafford AGENCY: Environmental Protection Commonwealth of Virginia. In the County. The three facilities which are Agency (EPA). NPRM, EPA proposed approval of three the subject of this rulemaking action are ACTION: Final rule. separate SIP revisions from Virginia located in Northern Virginia. addressing RACT under the CAA for the II. Summary of SIP Revision and EPA SUMMARY: The Environmental Protection 2008 ozone NAAQS for three facilities Analysis Agency (EPA) is approving three state in Northern Virginia. The formal SIP implementation plan (SIP) revisions revisions were submitted by the Virginia Virginia’s February 1, 14, and 15, submitted by the Commonwealth of Department of Environmental Quality 2019 SIP revisions address NOX and/or Virginia. These revisions address (VADEQ) on February 1, 14, and 15, VOC RACT for the following facilities: reasonably available control technology 2019 and address the following Virginia Electric and Power Company— (RACT) requirements under the 2008 facilities: Possum Point Power Station, Possum Point Power Station, Covanta ozone national ambient air quality Covanta Fairfax, and Covanta Alexandria/Arlington, Inc., and Covanta standard (NAAQS) for three facilities in Alexandria/Arlington. Fairfax, Inc. VADEQ is adopting as part Northern Virginia through source- RACT is important for reducing of these SIP revisions additional NO specific determinations. This action is X oxides of nitrogen (NO ) and volatile being taken under the Clean Air Act X control requirements for these three organic compounds (VOC) emissions (CAA). facilities to meet RACT under the 2008 from major stationary sources within ozone NAAQS, all of which are DATES: This final rule is effective on areas not meeting the ozone NAAQS. implemented via federally enforceable January 8, 2020. Since the 1970’s, EPA has consistently permits issued by VADEQ. These RACT ADDRESSES: EPA has established a defined ‘‘RACT’’ as the lowest emission permits, as listed on Table 1, have been docket for this action under Docket ID limit that a particular source is capable submitted as part of each SIP revision Number EPA–R03–OAR–2019–0277. All of meeting by the application of the for EPA’s approval into the Virginia SIP documents in the docket are listed on control technology that is reasonably under 40 CFR 52.2420(d). the https://www.regulations.gov available considering technological and website. Although listed in the index, economic feasibility.1 RACT is Virginia’s source specific RACT some information is not publicly applicable to ozone nonattainment areas determinations include an evaluation of available, e.g., confidential business which are classified as moderate or NOX and/or VOC controls that are information (CBI) or other information above, or any areas located within the reasonably available for the affected whose disclosure is restricted by statute. Ozone Transport Region (OTR). General emissions units at each facility and its Certain other material, such as RACT requirements are set forth in determination of which control copyrighted material, is not placed on section 172(c)(1) of the CAA, while requirements satisfy RACT. VADEQ the internet and will be publicly submitted federally enforceable permits available only in hard copy form. 1 See December 9, 1976 memorandum from Roger with the purpose of implementing the Publicly available docket materials are Strelow, Assistant Administrator for Air and Waste requirements of 9VAC5, Chapter 40 Management, to Regional Administrators, available through https:// ‘‘Guidance for Determining Acceptability of SIP (9VAC5–40), sections 7400, 7420, and www.regulations.gov, or please contact Regulations in Non-Attainment Areas,’’ and also 44 7430. the person identified in the FOR FURTHER FR 53762; September 17, 1979.

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TABLE 1—FACILITIES WITH PROPOSED SOURCE-SPECIFIC RACT DETERMINATIONS

SIP Facility name Source type Facility ID RACT permit submittal (effective date) date

Virginia Electric and Power Electric generation utility ...... Registration No. 70225 ...... Permit to Operate (1/31/19) ... 2/1/19 Company—Possum Point Power Station. Covanta Fairfax, Inc ...... Municipal waste combustor ... Registration No. 71920 ...... Permit to Operate (2/8/19) ..... 2/14/19 Covanta Alexandria/Arlington, Municipal waste combustor ... Registration No. 71895 ...... Permit to Operate (2/8/19) ..... 2/15/19 Inc.

As part of the February 1, 2019 SIP Covanta Alexandria/Arlington: the facilities. A summary of the comments revision, VADEQ is addressing RACT installation and operation of Covanta’s and EPA’s response is discussed in this for the Possum Point Power Station, an proprietary low NOX combustion Section. A copy of the comments can be electrical generation utility (EGU) system, the operation (and optimization found in the docket for this rulemaking facility located in Prince William as needed) of the existing SNCR, a daily action. County owned and operated by Virginia NOX average limit of 110 parts per Comment: The first commenter claims Electric and Power Company. This EGU million, volumetric dry (ppmvd) that EPA should not approve Virginia’s facility is considered a major source of corrected at 7% oxygen (O2), and an RACT SIP determinations because it NOX and VOC. VADEQ has adopted annual NOX average limit of 90 ppmvd would make the State’s nuclear power additional NOX RACT requirements for at 7% O2. The NOX RACT control plants too expensive and prevent the Possum Point Power Station’s electric requirements for the four MWC units at development of the State’s commercial generating boiler ES–5 as part of the Covanta Fairfax have been adopted as nuclear program. facility’s Permit to Operate issued on part of the facility’s Permit to Operate EPA Response: The commenter did January 31, 2019 and included for issued on February 8, 2019; while those not indicate how the imposition of approval into the SIP. Given the for the three MWC units at Covanta RACT controls on the three facilities potential retirement of boiler ES–5, Alexandria/Arlington have been that are the subject of this rulemaking VADEQ determined RACT for boiler adopted as part of the facility’s Permit would negatively affect Virginia’s ES–5 based on the two possible to Operate issued by on February 8, nuclear power program. EPA finds that operating scenarios: (1) The installation 2019. the subject of the effects of these SIP and operation of selective non-catalytic EPA believes that VADEQ has revisions on Virginia-based nuclear reduction (SNCR) by June 1, 2019, in the considered and adopted reasonably power is irrelevant to this rulemaking scenario that the unit remains available NOX and/or VOC controls for action. The SIP revisions addressed in operational after such date; or (2) the each of these facilities. EPA finds that this rulemaking evaluate air pollution retirement of the unit by June 1, 2021, the additional NOX control controls for NOX and VOC at three in the scenario that the unit is or will requirements adopted by VADEQ in the facilities in Northern Virginia, none of be retired. respective federally enforceable permits which are nuclear power plants. As part of the February 1, 2019 SIP are adequate to meet RACT for these Comment: The second commenter revision, VADEQ also recertified sources. EPA also finds that re- claims that Virginia’s RACT applicable NOX and VOC controls for certification of existing source-specific determination for Possum Point lacks the other two electric generating boilers requirements for Possum Point Station adequate information and that EPA’s (ES–3 and ES–4) at Possum Point Power is adequate to meet RACT. Further, EPA rulemaking action is unsupported, Station as well as VOC controls for determines that the additional NOX because EPA ‘‘ignored the fact that at boiler ES–5, all of which were RACT control requirements adopted for least a dozen other large power plants previously approved as RACT on a each facility are more stringent than the including those of the coal-dependent source-specific basis. VADEQ also applicable SIP-approved NOX RACT Appalachian states of Virginia, West determined that additional VOC requirements, so that approval of these Virginia, and Kentucky, have similar controls are not economic or technically permits into the SIP would be consistent nuclear waste storage capacity.’’ The feasible for this facility, given the size with section 110(l) of the CAA. Other commenter also argues that EPA needs and VOC emissions from individual specific requirements of VADEQ’s to evaluate ‘‘the cost of other utilities emissions units. source-specific determinations and the and other power generating utilities As part of the February 14, 2019 and rationale for EPA’s proposed action are when forcing costly controls on plants February 15, 2019 SIP revisions, explained in the NPRM and the related such as this’’ as well as ‘‘the increased VADEQ is addressing NOX RACT for Technical Support Document (TSD) and cost of ratepayers when forcing states to two municipal waste combustion will not be stated here. evaluate expensive controls on publicly (MWC) facilities with energy recovery: owned utilities like in Virginia.’’ III. Public Comments and EPA Covanta Fairfax, Inc. (Covanta Fairfax) EPA Response: The commenter does Response and Covanta Alexandria/Arlington, Inc. not explain how power plants with (Covanta Alexandria/Arlington). These EPA received three comments on the nuclear storage capacity are related to MWC facilities are located in Lorton, in August 1, 2019 NPRM. One comment this rulemaking action, nor identify any Fairfax County and the City of EPA considers to not be adverse to this facilities of concern to allow EPA to Alexandria, respectively, and are action and does not require a response. further assess this claim. As indicated considered major sources of NOX. The other two comments each contend earlier, the SIP revisions addressed in VADEQ determined the following that EPA should not approve Virginia’s this rulemaking evaluate air pollution control measures as NOX RACT for each RACT SIP, alleging effects of this controls for NOX and VOC at three MWC unit at Covanta Fairfax and rulemaking action on nuclear power facilities in Northern Virginia, none of

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which are nuclear power plants. In IV. Final Action Federally authorized environmental particular, Possum Point Power Station EPA finds that Virginia’s SIP revisions programs in a manner that is no less is a thermal power plant in which submitted on February 1, 14, and 15, stringent than their Federal electricity is produced by converting 2019 addressing source-specific RACT counterparts. . . .’’ The opinion heat energy to electrical power through for Possum Point Power Station, concludes that ‘‘[r]egarding § 10.1–1198, the combustion of natural gas in Covanta Fairfax, and Covanta therefore, documents or other turbines and boilers. In addition to the Alexandria/Arlington, are adequate to information needed for civil or criminal topic of nuclear power being irrelevant, meet RACT requirements set forth under enforcement under one of these EPA also notes that the commenter does the CAA for the 2008 ozone NAAQS. programs could not be privileged because such documents and not provide in its comment which costs EPA is approving the February 1, 14, information are essential to pursuing EPA should have evaluated as part of and 15, 2019 submittals as revisions to enforcement in a manner required by this rulemaking action and for which the Commonwealth of Virginia SIP to Federal law to maintain program ‘‘utilities’’ this was needed. satisfy sections 172(c)(1), 182(b)(2)(C), delegation, authorization or approval.’’ EPA disagrees with the assertions that 182(f), and 184(b)(1)(B) for Virginia’s Immunity law, Va. Code Virginia’s RACT determination for implementation of the 2008 ozone Sec. 10.1–1199, provides that ‘‘[t]o the Possum Point lacks adequate NAAQS. extent consistent with requirements information and that EPA’s proposed V. General Information Pertaining to imposed by Federal law,’’ any person rulemaking action to approve this SIP Submittals From the making a voluntary disclosure of determination is unsupported. The Commonwealth of Virginia information to a state agency regarding a violation of an environmental statute, commenter provided no new or In 1995, Virginia adopted legislation regulation, permit, or administrative additional data for EPA to evaluate in that provides, subject to certain order is granted immunity from support of its allegations and does not conditions, for an environmental administrative or civil penalty. The explain how ‘‘increased cost to the rate assessment (audit) ‘‘privilege’’ for Attorney General’s January 12, 1998 payer’’ should be evaluated as a factor voluntary compliance evaluations beyond the statutory and regulatory opinion states that the quoted language performed by a regulated entity. The renders this statute inapplicable to factors EPA cited in the TSD for legislation further addresses the relative establishing RACT. EPA continues to enforcement of any federally authorized burden of proof for parties either programs, since ‘‘no immunity could be rely upon the data cited in the NPRM asserting the privilege or seeking afforded from administrative, civil, or and in the statutory and regulatory disclosure of documents for which the criminal penalties because granting factors established for evaluating RACT. privilege is claimed. Virginia’s such immunity would not be consistent See, e.g., International Fabricare legislation also provides, subject to with Federal law, which is one of the Institute v. E.P.A., 972 F.2d 384 (D.C. certain conditions, for a penalty waiver criteria for immunity.’’ Cir. 1992). (The Administrative for violations of environmental laws Therefore, EPA has determined that Procedures Act does not require that when a regulated entity discovers such Virginia’s Privilege and Immunity EPA change its decision based on violations pursuant to a voluntary statutes will not preclude the ‘‘comments consisting of little more compliance evaluation and voluntarily Commonwealth from enforcing its than assertions that in the opinions of discloses such violations to the program consistent with the Federal the commenters the agency got it Commonwealth and takes prompt and requirements. In any event, because wrong,’’ when submitted with no appropriate measures to remedy the EPA has also determined that a state accompanying data.) As set forth in the violations. Virginia’s Voluntary audit privilege and immunity law can NPRM, EPA has determined that the Environmental Assessment Privilege affect only state enforcement and cannot February 1, 2019 SIP revision includes Law, Va. Code Sec. 10.1–1198, provides have any impact on Federal adequate information to support a privilege that protects from disclosure enforcement authorities, EPA may at Virginia’s RACT determination for this documents and information about the any time invoke its authority under the facility. As part of the February 1, 2019 content of those documents that are the CAA, including, for example, sections SIP revision, the Commonwealth of product of a voluntary environmental 113, 167, 205, 211 or 213, to enforce the Virginia evaluated the technical and assessment. The Privilege law does not requirements or prohibitions of the state economic feasibility of installing and extend to documents or information plan, independently of any state operating additional air pollution that: (1) Are generated or developed enforcement effort. In addition, citizen before the commencement of a control devices of NOX and/or VOC for enforcement under section 304 of the each emissions unit at Possum Point. voluntary environmental assessment; (2) CAA is likewise unaffected by this, or EPA believes that the Commonwealth are prepared independently of the any, state audit privilege or immunity provided sufficient assurances as part of assessment process; (3) demonstrate a law. the February 1, 2019 SIP revision to clear, imminent and substantial danger to the public health or environment; or VI. Incorporation by Reference support its source-specific RACT (4) are required by law. In this document, EPA is finalizing determination for Possum Point. On January 12, 1998, the regulatory text that includes EPA’s evaluation of Virginia’s Commonwealth of Virginia Office of the incorporation by reference. In February 1, 2019 SIP revision and the Attorney General provided a legal accordance with requirements of 1 CFR rationale for taking rulemaking action opinion that states that the Privilege 51.5, EPA is finalizing the incorporation on this submission was discussed in law, Va. Code Sec. 10.1–1198, precludes by reference of three federally detail in the NPRM and accompanying granting a privilege to documents and enforceable permits, each addressing TSD. EPA’s decision to approve the information ‘‘required by law,’’ NOX and/or VOC RACT under the 2008 RACT determination for Possum Point including documents and information ozone NAAQS for a major NOX and/or based on that information is not ‘‘required by Federal law to maintain VOC source as discussed in section II of changed by these unsupported program delegation, authorization or this preamble. EPA has made, and will comments. approval,’’ since Virginia must ‘‘enforce continue to make, these materials

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generally available through in the Unfunded Mandates Reform Act EPA is not required to submit a rule www.regulations.gov and at the EPA of 1995 (Pub. L. 104–4); report regarding this action under Region III Office (please contact the • Does not have federalism section 801. person identified in the FOR FURTHER implications as specified in Executive C. Petitions for Judicial Review INFORMATION CONTACT section of this Order 13132 (64 FR 43255, August 10, preamble for more information). 1999); Under section 307(b)(1) of the CAA, Therefore, these materials have been • Is not an economically significant petitions for judicial review of this approved by EPA for inclusion in the regulatory action based on health or action must be filed in the United States SIP, have been incorporated by safety risks subject to Executive Order Court of Appeals for the appropriate reference by EPA into that plan, are 13045 (62 FR 19885, April 23, 1997); circuit by February 7, 2020. Filing a fully federally enforceable under • Is not a significant regulatory action petition for reconsideration by the sections 110 and 113 of the CAA as of subject to Executive Order 13211 (66 FR Administrator of this final rule does not the effective date of the final rulemaking 28355, May 22, 2001); affect the finality of this action for the of EPA’s approval, and will be • Is not subject to requirements of purposes of judicial review nor does it incorporated by reference in the next Section 12(d) of the National extend the time within which a petition update to the SIP compilation.2 Technology Transfer and Advancement for judicial review may be filed, and Act of 1995 (15 U.S.C. 272 note) because shall not postpone the effectiveness of VII. Statutory and Executive Order application of those requirements would such rule or action. This action Reviews be inconsistent with the CAA; and addressing source-specific RACT under • A. General Requirements Does not provide EPA with the the 2008 ozone NAAQS for three discretionary authority to address, as facilities in Northern Virginia, may not Under the CAA, the Administrator is appropriate, disproportionate human be challenged later in proceedings to required to approve a SIP submission health or environmental effects, using enforce its requirements. (See section that complies with the provisions of the practicable and legally permissible 307(b)(2).) CAA and applicable Federal regulations. methods, under Executive Order 12898 42 U.S.C. 7410(k); 40 CFR 52.02(a). (59 FR 7629, February 16, 1994). List of Subjects in 40 CFR Part 52 Thus, in reviewing SIP submissions, The SIP is not approved to apply on Environmental protection, Air EPA’s role is to approve state choices, any Indian reservation land as defined pollution control, Incorporation by provided that they meet the criteria of in 18 U.S.C. 1151 or in any other area reference, Nitrogen dioxide, Ozone, the CAA. Accordingly, this action where EPA or an Indian tribe has Reporting and recordkeeping merely approves state law as meeting demonstrated that a tribe has requirements, Volatile organic Federal requirements and does not jurisdiction. In those areas of Indian compounds. impose additional requirements beyond country, the rule does not have tribal those imposed by state law. For that implications and will not impose Dated: November 20, 2019. reason, this action: substantial direct costs on tribal Cosmo Servidio, • Is not a ‘‘significant regulatory governments or preempt tribal law as Regional Administrator, Region III. action’’ subject to review by the Office specified by Executive Order 13175 (65 40 CFR part 52 is amended as follows: of Management and Budget under FR 67249, November 9, 2000). Executive Orders 12866 (58 FR 51735, B. Submission to Congress and the PART 52—APPROVAL AND October 4, 1993) and 13563 (76 FR 3821, Comptroller General PROMULGATION OF January 21, 2011); IMPLEMENTATION PLANS The Congressional Review Act, 5 • Is not an Executive Order 13771 (82 U.S.C. 801 et seq., as added by the Small ■ FR 9339, February 2, 2017) regulatory 1. The authority citation for part 52 Business Regulatory Enforcement action because SIP approvals are continues to read as follows: Fairness Act of 1996, generally provides exempted under Executive Order 12866. Authority: 42 U.S.C. 7401 et seq. that before a rule may take effect, the • Does not impose an information agency promulgating the rule must Subpart VV—Virginia collection burden under the provisions submit a rule report, which includes a of the Paperwork Reduction Act (44 copy of the rule, to each House of the ■ 2. In § 52.2420, the table in paragraph U.S.C. 3501 et seq.); Congress and to the Comptroller General • (d) is amended by adding entries for Is certified as not having a of the United States. Section 804, ‘‘Virginia Electric and Power Company significant economic impact on a however, exempts from section 801 the (VEPCO)—Possum Point Power substantial number of small entities following types of rules: Rules of Station’’, ‘‘Covanta Alexandria/ under the Regulatory Flexibility Act (5 particular applicability; rules relating to Arlington, Inc.’’, and ‘‘Covanta Fairfax, U.S.C. 601 et seq.); agency management or personnel; and Inc.’’ at the end of the table to read as • Does not contain any unfunded rules of agency organization, procedure, follows: mandate or significantly or uniquely or practice that do not substantially affect small governments, as described affect the rights or obligations of non- § 52.2420 Identification of plan. agency parties. 5 U.S.C. 804(3). Because * * * * * 2 62 FR 27968 (May 22, 1997). this is a rule of particular applicability, (d) * * *

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EPA-APPROVED SOURCE SPECIFIC REQUIREMENTS

Permit/order Source name or registration State effective EPA approval date 40 CFR part 52 citation No. date

******* Virginia Electric and Power Registration No. 70225 ...... 01/31/19 12/09/19, [Insert Federal § 52.2420(d); RACT for 2008 Company (VEPCO)—Pos- Register citation]. ozone NAAQS. sum Point Power Station. Covanta Alexandria/Arlington, Registration No. 71920 ...... 02/14/19 12/09/19, [Insert Federal § 52.2420(d); RACT for 2008 Inc. Register citation]. ozone NAAQS. Covanta Fairfax, Inc ...... Registration No. 71895 ...... 02/08/19 12/09/19, [Insert Federal § 52.2420(d); RACT for 2008 Register citation]. ozone NAAQS.

* * * * * publicly available only in hard copy approval action as well as additional [FR Doc. 2019–26403 Filed 12–6–19; 8:45 am] form. Publicly available docket program revisions and updates. EPA BILLING CODE 6560–50–P materials are available either through took action to approve the corrections to www.regulations.gov or at the EPA, the interim approval issues and Region 5, Air and Radiation Division, 77 promulgated final approval of the ENVIRONMENTAL PROTECTION West Jackson Boulevard, Chicago, Wisconsin title V program on December AGENCY Illinois 60604. This facility is open from 4, 2001 (66 FR 62951). 8:30 a.m. to 4:30 p.m., Monday through Wisconsin is seeking approval of 40 CFR Part 70 Friday, excluding Federal holidays. We changes and updates made to its title V [EPA–R05–OAR–2018–0285; FRL–10002– recommend that you telephone Susan program since the 1995 and 2001 80–Region 5] Kraj, Environmental Engineer, at (312) approvals. EPA received WDNR’s 353–2654 before visiting the Region 5 submittal updating its title V operating Air Plan Approval; Wisconsin; Title V office. permit program on March 8, 2017, and Operation Permit Program supplemental information on January FOR FURTHER INFORMATION CONTACT: 26, 2018 (submittal). WDNR’s submittal AGENCY: Environmental Protection Susan Kraj, Environmental Engineer, contains two sections, Part 1 and Part 2. Agency (EPA). Air Permits Section, Air Programs Part 1 contains previously approved ACTION: Final rule. Branch (AR–18J), Environmental program elements which are included Protection Agency, Region 5, 77 West for informational purposes, as well as SUMMARY: The Environmental Protection Jackson Boulevard, Chicago, Illinois Agency (EPA) is approving updates and minor clarifications and corrections, 60604, (312) 353–2654, kraj.susan@ which were included in WDNR’s 2001 revisions to the Wisconsin title V epa.gov. Operation Permit Program, submitted by submittal, but which EPA did not act on SUPPLEMENTARY INFORMATION: Wisconsin pursuant to subchapter V of or approve in the 2001 approval. the Clean Air Act (Act). The revisions Throughout this document whenever Part 2 contains title V program were submitted to update the title V ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean revisions and updates since Wisconsin’s program since the final approval of the EPA. This supplementary information program was approved in 2001. Part 2 program in 2001 and to change the section is arranged as follows: of the submittal contains section I— permit fee schedule for subject facilities. I. Review of Wisconsin’s Submittal Additional State Rule Changes and The revisions consist of amendments to II. What is our response to comments Updates to the Regulations, and section Department of Natural Resources NR received on the proposed rulemaking? II—Permit Fee Demonstration. EPA is addressing the changes and Chapter 407 Wisconsin Administrative III. What action is EPA taking? IV. Statutory and Executive Order Reviews updates in WDNR’s submittal that have Code, operation permits, Chapter NR not been previously approved by EPA. 410 Wisconsin Administrative Code, I. Review of Wisconsin’s Submittal This includes the changes in Part 1, permit fees, and Wisconsin statute This final rulemaking addresses the Section IX (Other Changes—Minor 285.69, fee structure. This approval request EPA received on March 8, 2017, Clarifications and Corrections), as well action will help ensure that Wisconsin from the Wisconsin Department of as the changes in Part 2, both sections properly implements the requirements Natural Resources (WDNR) for approval I and II, of WDNR’s submittal that relate of title V of the Act. of revisions and updates to Wisconsin’s to the Federal title V program at 40 CFR DATES: This final rule is effective on title V operating permit program. part 70. EPA finds that the program January 8, 2020. Pursuant to subchapter V of the Act, revisions and updates in WDNR’s ADDRESSES: EPA has established a generally known as title V, and the submittal have satisfactorily addressed docket for this action under Docket ID implementing regulations, at 40 Code of the requirements of part 70, and EPA is No. EPA–R05–OAR–2018–0285. All Federal Regulations (CFR) part 70, states therefore approving this submittal. documents in the docket are listed on developed and submitted to EPA for the www.regulations.gov website. approval, programs for issuing operation II. What is our response to comments Although listed in the index, some permits to all major stationary sources. received on the proposed rulemaking? information is not publicly available, EPA promulgated interim approval of EPA published a direct final rule i.e., Confidential Business Information Wisconsin’s title V operating permit approving Wisconsin’s submittal on July or other information whose disclosure is program on March 6, 1995 (60 FR 31, 2019 (84 FR 37104) along with a restricted by statute. Certain other 12128). In 2001, WDNR submitted proposed rule that was also published material, such as copyrighted material, corrections to the interim approval on July 31, 2019 (84 FR 37194). In this is not placed on the internet and will be issues identified in the 1995 interim proposed rule we stated that if we

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receive adverse comments, we will minimum fee schedule, WDNR has Program in Wisconsin. See 69 FR 10167. withdraw this action before the effective demonstrated that the level of fees The NOD was based upon EPA’s date by publishing a subsequent collected is sufficient. findings that the State’s title V program document that will withdraw the direct WDNR describes in its submittal the did not comply with the requirements of final action. In the proposal, we also rule changes related to fees that have the Act or with the implementing stated that all public comments received occurred since 2001, including changes regulations at 40 CFR part 70 in part will then be addressed in a subsequent that revised the operation permit fee because (1) Wisconsin had failed to final rule and that EPA will not institute structure. WDNR’s current title V fee demonstrate that its title V program structure requires sources that must a second comment period. required owners or operators of part 70 EPA received a comment from one obtain a Federal operation permit to pay sources to pay fees sufficient to cover commenter during the public comment an annual air emissions tonnage fee, but process. The comment from the sources also pay an additional annual the costs of the State’s title V program anonymous commenter was received on flat fee, based on the tons of actual in contravention of the requirements of August 30, 2019. Consequently, the billable emissions. In addition, sources 40 CFR part 70 and the Act; and (2) direct final rule for this approval was also pay an additional annual flat fee if Wisconsin was not adequately ensuring withdrawn and this withdrawal of the the source is subject to other that its title V program funds were used direct final rule was published on requirements, such as if maximum solely for title V permit program costs September 25, 2019 (84 FR 50307). The achievable control technology standards and, thus, was not conducting its title V comment received and EPA’s response apply to the source, if one or more program in accordance with the follows: Federal New Source Performance requirements of 40 CFR 70.9 and the Comment 1: ‘‘Did EPA even do a Standards apply to the source, if Federal Act. financial analysis of Wisconsin’s Permit Prevention of Significant Deterioration On August 18, 2005, WDNR Fee Demonstration? Fixed fee programs permitting requirements apply to the submitted to EPA its response to the are gradually becoming insolvent across source, or if the source is a privately- March 4, 2004 NOD ’’ (NOD Response). the country as emissions decrease over owned coal-fired electric utility with an The NOD Response is available to view time. Slowly states are beginning to electric generating unit, among other flat understand that billable hours model fees. in the docket, Docket ID No. WI–118–2. permit programs are the only way to The submittal provides tables In the NOD Response, and its sustain adequate permit reviews and showing the fee rate per ton of billable accompanying attachments, WDNR writing permits for these sources with pollutants, the billable tons, and the explained and documented how each of extensive requirements. EPA must total fees assessed for various years. The the deficiencies identified in the NOD perform a financial analysis of the submittal also provides details on had been, or were being, addressed. The Department’s fee demonstration and WDNR’s revenue, work planning, and NOD Response contains documented audit the department’s finances to expenditures. In addition, WDNR has internal operational changes within determine what level of fees is adequate several mechanisms in place to ensure WDNR, a copy of the fee structure to sustain the permit review and that fees collected from title V sources included in Wisconsin’s 2005–07 issuance process.’’ are used solely for funding title V biennial budget bill enacted into law as EPA Response: WDNR submitted a fee permit activities as required by 40 CFR 2005 Wisconsin Act 25 (published July demonstration as part of its submittal 70.9(a). See also 40 CFR 70.9(d). In the 26, 2005), and numerous attachments because 40 CFR 70.9(c) requires a submittal, WDNR compares the actual describing WDNR’s permit program, demonstration. 40 CFR 70.9(a) provides revenues collected under its fee program costs, fee structure, and that a state program must require that structure to an estimate of what would workload. the owners or operators of part 70 be collected using the presumptive sources pay annual fees, or the minimum fee schedule, and WDNR’s In an action dated February 27, 2006, equivalent over some other period, that actual revenues collected exceed the EPA determined that Wisconsin had are sufficient to cover the permit presumptive minimum projections. demonstrated that it has resolved each program costs. 40 CFR 70.9(b) provides WDNR’s submittal demonstrates that the of the issues listed in the March 4, 2004, that a state shall collect fees that cover level of fees it collects from federally- NOD. See 71 FR 9720 for the analysis the actual permit program costs and 40 regulated sources is sufficient for the of WDNR’s submittal and EPA’s CFR 70.9(b)(2) establishes a WDNR to adequately administer and approval. presumptive fee level such that a state enforce the required minimum elements fee schedule that collects at or above of the title V permit program required in III. What action is EPA taking? that presumptive level will be presumed Section 502(b) of the Act. EPA is approving the requested valid. EPA evaluated the fee information in revisions and updates to WDNR’s title V Permitting authorities have the option WDNR’s submittal and has found that operation permit program. of submitting a fee demonstration based WDNR has demonstrated that it has on the presumptive fee test or adequate funding levels to support its IV. Statutory and Executive Order submitting a detailed fee demonstration title V program. Accordingly, Wisconsin Reviews if they collect less than the presumptive has adequately demonstrated that the fee. EPA considers the total program revised fee schedule has resulted in the Executive Orders 12866 and 13563: revenue to be presumptively adequate if collection of fees in an amount Regulatory Planning and Review fees are collected at or above the sufficient to cover its actual program Under Executive Orders 12866 (58 FR presumptive minimum level, and if costs, as required by 40 CFR 70.9 and 51735, October 4, 1993) and 13563 (76 presumptively adequate, EPA does not the Act. require a detailed fee analysis. Because Note that this is not the first time that FR 3821, January 21, 2011), this action Wisconsin has shown that the actual EPA has conducted an analysis of is not a ‘‘significant regulatory action’’ revenues collected under its fee WDNR’s title V fees. On March 4, 2004, and, therefore, is not subject to review structure exceed what would be EPA published a Notice of Deficiency by the Office of Management and collected using the presumptive (NOD) for the title V Operating Permit Budget.

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Executive Order 13771: Reducing specified by Executive Order 13175 (65 permit program submissions, EPA’s role Regulations and Controlling Regulatory FR 67249, November 9, 2000). is to approve or disapprove state Costs choices, based on the criteria of the Act. Executive Order 13045: Protection of Accordingly, this action merely This action is an Executive Order Children from Environmental Health approves certain state requirements and 13771 (82 FR 9339, January 30, 2017) and Safety Risks regulatory action because this action is will not in-and-of itself create any new This action also is not subject to not significant under Executive Order requirements. Accordingly, it does not Executive Order 13045 ‘‘Protection of 12866. provide EPA with the discretionary Children from Environmental Health authority to address, as appropriate, Paperwork Reduction Act Risks and Safety Risks’’ (62 FR 19885, disproportionate human health or This action does not impose an April 23, 1997), because it proposes to environmental effects, using practicable information collection burden under the approve a state operating permit and legally permissible methods, under provisions of the Paperwork Reduction program. Executive Order 12898. Act of 1995 (44 U.S.C. 3501 et seq.). Executive Order 13211: Actions That List of Subjects in 40 CFR Part 70 Regulatory Flexibility Act Significantly Affect Energy Supply, Distribution, or Use Environmental protection, This action merely approves state law Administrative practice and procedure, as meeting Federal requirements and Because it is not a ‘‘significant Air pollution control, Intergovernmental imposes no additional requirements regulatory action’’ under Executive relations, Operation permits, Reporting beyond those imposed by state law. Order 12866 or a ‘‘significant energy and recordkeeping requirements. Accordingly, the Administrator certifies action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Dated: November 19, 2019. that this state operating permit program Cathy Stepp, will not have a significant economic Concerning Regulations That Regional Administrator, Region 5. impact on a substantial number of small Significantly Affect Energy Supply, entities under the Regulatory Flexibility Distribution, or Use’’ (66 FR 28355, May 40 CFR part 70 is amended as follows: 22, 2001). Act (5 U.S.C. 601 et seq.). PART 70—STATE OPERATING PERMIT Unfunded Mandates Reform Act National Technology Transfer PROGRAMS Advancement Act Because this action approves pre- In reviewing state submissions, EPA’s ■ 1. The authority citation for part 70 existing requirements under state law continues to read as follows: and does not impose any additional role is to approve state choices, enforceable duty beyond that required provided that they meet the criteria of Authority: 42 U.S.C. 7401 et seq. by state law, it does not contain any the Act. In this context, in the absence ■ 2. Amend appendix A to part 70 by unfunded mandate or significantly or of a prior existing requirement for the adding paragraph (d) under Wisconsin state to use voluntary consensus uniquely affect small governments, as to read as follows: standards (VCS), EPA has no authority described in the Unfunded Mandates to disapprove a state submission for Appendix A to Part 70—Approval Reform Act of 1995 (Pub. L. 104–4). failure to use VCS. It would thus be Status of State and Local Operating Executive Order 13132: Federalism inconsistent with applicable law for Permits Programs This action also does not have EPA, when it reviews a state * * * * * submission, to use VCS in place of a Federalism implications because it does Wisconsin not have substantial direct effects on the state submission that otherwise satisfies states, on the relationship between the the provisions of the Act. Thus, the * * * * * (d) Department of Natural Resources: Title national government and the states, or requirements of section 12(d) of the National Technology Transfer and V operating permit program revisions and on the distribution of power and updates received on March 8, 2017. responsibilities among the various Advancement Act of 1995 (15 U.S.C. Wisconsin’s Title V program is hereby levels of government, as specified in 272 note) do not apply. updated to include these requested changes. Executive Order 13132 (64 FR 43255, Executive Order 12898: Federal Actions * * * * * August 10, 1999). This action merely to Address Environmental [FR Doc. 2019–26296 Filed 12–6–19; 8:45 am] approves a state operating permit BILLING CODE 6560–50–P program, and does not alter the Justice in Minority Populations and relationship or the distribution of power Low-Income Populations and responsibilities established in the Executive Order 12898 (59 FR 7629 ENVIRONMENTAL PROTECTION Act. (Feb. 16, 1994)) establishes Federal AGENCY executive policy on environmental Executive Order 13175: Consultation justice. Its main provision directs and Coordination With Indian Tribal 40 CFR Parts 260, 261, 264, 265, 268, Federal agencies, to the greatest extent 270, and 273 Governments practicable and permitted by law, to In addition, the state operating permit make environmental justice part of their [EPA–HQ–OLEM–2017–0463; FRL–10002– 49–OLEM] program is not approved to apply on mission by identifying and addressing, any Indian reservation land or in any as appropriate, disproportionately high RIN 2050–AG92 other area where EPA or an Indian tribe and adverse human health or has demonstrated that a tribe has environmental effects of their programs, Increasing Recycling: Adding Aerosol jurisdiction. In those areas of Indian policies, and activities on minority Cans to the Universal Waste country, the state operating permit populations and low-income Regulations program does not have tribal populations in the United States. AGENCY: Environmental Protection implications and will not impose EPA lacks the discretionary authority Agency (EPA). substantial direct costs on tribal to address environmental justice in this ACTION: Final rule. governments or preempt tribal law as action. In reviewing state operating

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SUMMARY: The Environmental Protection the http://www.regulations.gov website. I. General Information Agency (EPA or the Agency) is adding Although listed in the index, some A. Does this action apply to me? hazardous waste aerosol cans to the information is not publicly available, universal waste program under the e.g., CBI or other information whose This final rule will affect persons who Federal Resource Conservation and disclosure is restricted by statute. generate, transport, treat, recycle, or Recovery Act (RCRA) regulations. This Certain other material, such as dispose of hazardous waste aerosol change will benefit the wide variety of copyrighted material, is not placed on cans, herein referred to as aerosol cans, establishments generating and managing the internet and will be publicly unless those persons are households or hazardous waste aerosol cans, including available only in hard copy form. very small quantity generators (VSQGs). the retail sector, by providing a clear, Publicly available docket materials are Entities potentially affected by this protective system for managing available electronically through http:// action include over 25,000 industrial discarded aerosol cans. The streamlined www.regulations.gov. facilities in 20 different industries (at universal waste regulations are expected the 2-digit North American Industry to ease regulatory burdens on retail FOR FURTHER INFORMATION CONTACT: Classification System (NAICS) code stores and others that discard hazardous Laura Stanley, Office of Land and level). An estimated 7,483 of these waste aerosol cans; promote the Emergency Management (5304P), facilities are large quantity generators collection and recycling of these cans; Environmental Protection Agency, 1200 (LQG). Most of these industries have and encourage the development of Pennsylvania Avenue NW, Washington, relatively few entities that are municipal and commercial programs to DC 20460; telephone number: 703–308– potentially affected. The two top reduce the quantity of these wastes 7285; email address: stanley.laura@ economic sectors (at the 2-digit NAICS going to municipal solid waste landfills epa,gov, or Tracy Atagi, Office of Land code level) with the largest percentage or combustors. and Emergency Management (5304P), of potentially affected entities are the retail trade industry (NAICS code 44– DATES: Environmental Protection Agency, 1200 This final rule is effective on 45), representing 69% of the affected February 7, 2020. Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 703–308– LQG universe, and manufacturing ADDRESSES: The EPA has established a 8672; email address: atagi.tracy@ (NAICS code 31–33), representing 17% docket for this action under Docket ID epa.gov. of the affected LQG universe. Potentially No. EPA–HQ–RCRA–2017–0463. All affected categories and entities include, documents in the docket are listed on SUPPLEMENTARY INFORMATION: but are not necessarily limited to:

Total affected 2 Digit NAICS Primary NAICS description large quantity Generated tons code generators

44–45 ...... Retail Trade ...... 5,194 303 31–33 ...... Manufacturing ...... 1,238 7,771 48–49 ...... Transportation and Warehousing ...... 168 1,033 62 ...... Health Care and Social Assistance ...... 184 13 81 ...... Other Services (except Public Administration) ...... 169 4 92 ...... Public Administration ...... 113 190 61 ...... Educational Services ...... 116 32 54 ...... Professional, Scientific, and Technical Services ...... 89 16 42 ...... Wholesale Trade ...... 75 511 22 ...... Utilities ...... 40 14 56 ...... Administrative and Support and Waste Management and Remediation Services ..... 51 1,906 ...... All Other NAICS Codes ...... 46 49

Total ...... 7,483 11,843

This table is not intended to be This revision will benefit the wide D. What are the incremental costs and exhaustive, but rather provides a guide variety of establishments generating and benefits of this action? for readers regarding entities likely to be managing aerosol cans, including the This final action is estimated to result regulated by this action. Other entities retail sector, by providing a clear, in an annual cost savings of $5.3 million not listed in the table could also be practical system for handling discarded to $47.8 million. Information on the regulated. To determine whether your aerosol cans. estimated economic impacts of this entity is regulated by this action, you action is presented in section VIII of this C. What is the agency’s authority for should carefully examine the document, as well as in the Regulatory taking this action? applicability criteria found in section V Impact Analysis (RIA) available in the of this action. If you have questions These regulations are promulgated docket for this final action. In addition regarding the applicability of this action to cost savings, EPA’s analysis shows to a particular entity, consult the person under the authority of sections 2002(a), 3001, 3002, 3004, and 3006 of the Solid qualitative benefits to adding aerosol listed in the FOR FURTHER INFORMATION cans to the universal waste program, CONTACT section. Waste Disposal Act, as amended by the Resource Conservation and Recovery including improved implementation of and compliance with the hazardous B. What action is the agency taking? Act (RCRA), and as amended by the waste program and increased recovery Hazardous and Solid Waste The Environmental Protection Agency and recycling of aerosol cans. (EPA) is adding hazardous waste aerosol Amendments (HSWA), 42 U.S.C. 6922, cans to the list of universal wastes 6923, 6924, 6925, 6930, and 6937. II. List of Acronyms regulated under the RCRA regulations. CFR Code of Federal Regulations

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DOT Department of Transportation cans be done in a manner designed to The can itself is typically a small steel EPA Environmental Protection Agency prevent fires and releases and that any or aluminum container, designed to be E.O. Executive Order residuals from puncturing cans be hand-held, which is sealed with its FR Federal Register transferred to a tank or container, at contents under pressure. The can’s LQG Large Quantity Generator design is intended to prevent unwanted LQHUW Large Quantity Handler of which point the handler must make a Universal Waste hazardous waste determination on the releases of the contents to the NAICS North American Industry residuals, as required in 40 CFR 262.11. environment under normal handling Classification System The proposal also included that written and storage conditions. However, when NODA Notice of Data Availability procedures be in place in the event of aerosol cans are mismanaged, OMB Office of Management and Budget a spill or release, that a spill clean-up particularly when exposed to excessive RCRA Resource Conservation and Recovery kit be provided, and that any spills or heat, the resulting increase in internal Act leaks be cleaned up promptly. pressure can reach a point beyond the SQG Small Quantity Generator design strength of the can, thereby SQHUW Small Quantity Handler of In addition to these proposed standards, EPA analyzed the existing causing it to burst and release its Universal Waste contents. At the point of bursting, the TSDF Treatment, Storage and Disposal state universal waste programs that Facility include aerosol cans and requested contents of the can have been heated to VSQG Very Small Quantity Generator comment on including further a temperature and pressure far above limitations on puncturing and draining ambient environmental conditions, III. Background of cans that might contain materials that causing the contents to rapidly vaporize A. Summary of Proposal pose an incompatibility hazard with and be forcefully released. If the other materials or establishing further propellant or product is ignitable, the On March 16, 2018, EPA published contents of the can may readily catch the proposal to add aerosol cans to the limits on which types of handlers are allowed to puncture and drain aerosol fire as they are released and exposed to Federal universal waste program (83 FR atmospheric oxygen, creating a rapidly 11654). EPA’s proposal recognized that cans within the universal waste program. burning vapor ‘‘fireball.’’ In addition, inclusion of this common waste stream the bottom of the can may detach as a EPA has analyzed all the comments as universal waste could better ensure result of a manufacturing defect or an received in response to its proposed rule that aerosol cans are managed external force, potentially causing the and responds to those comments in this appropriately at the end of their lives, upper part of the can to become a final rule or in the Response to remove these wastes from the municipal projectile. waste stream, potentially encourage Comment document available in the Aerosol cans frequently contain recycling, and reduce unnecessary docket for this rulemaking. flammable propellants such as propane burden for generators. B. Description of Aerosol Cans or butane which can cause the aerosol In its proposal, EPA analyzed the can to demonstrate the hazardous factors for inclusion of a waste stream Aerosol cans are widely used for characteristic for ignitability (40 CFR in the universal waste program and took dispensing a broad range of products 261.21).3 In addition, the aerosol can public comment on its conclusions. In including paints, solvents, pesticides, may also be a hazardous waste for other addition, EPA defined what materials food and personal care products, and reasons when discarded. More would qualify as aerosol cans for the many others. The Household and specifically, an aerosol can may contain purposes of management as universal Commercial Products Association materials that exhibit hazardous waste. EPA proposed management estimates that 3.75 billion aerosol cans characteristics per 40 CFR part 261, standards for handlers of these materials were filled in the United States in 2016 subpart C. Similarly, a discarded aerosol and took public comment on the for use by commercial and industrial can may also be a P- or U-listed proposed standards. facilities as well as by households.1 hazardous waste if it contains a In addition to the universal waste A typical aerosol can consists of commercial chemical product found at management standards that apply to all several components, including (but not 40 CFR 261.33(e) or (f). universal waste handlers, such as limited to) the following: (1) The can or labeling and marking, accumulation container storing both propellant and C. Current Federal Regulation of Aerosol time limits, employee training, the product; (2) an actuator or button at Cans responses to releases, export the top of the can that is pressed to 1. Regulation of Aerosol Cans Under requirements, and, for large quantity deliver the product; (3) a valve, which RCRA handlers of universal waste, notification controls delivery or flow of the product; Any person who generates a solid and tracking, EPA proposed specific (4) the propellant (a compressed gas or waste, as defined in 40 CFR 261.2, must standards that relate to the puncturing liquefied gas), which provides the determine whether the solid waste and draining of aerosol cans. pressure in the container to expel or qualifies as hazardous waste. The waste EPA proposed that puncturing and release the product when the actuator is may be hazardous either because it is draining of aerosol cans be conducted pressed to open the valve; (5) the listed as a hazardous waste in subpart by a commercial device specifically product itself; and (6) a dip tube, which D of 40 CFR part 261 or because it designed to safely puncture aerosol cans is connected to the valve to bring the exhibits one or more of the and effectively contain the residual product up through the can to be characteristics of hazardous waste, as contents as well as any emissions from 2 released when the actuator is pressed. provided in subpart C of 40 CFR part the puncturing and draining activities. 261. As discussed above, aerosol cans In addition, EPA proposed that handlers 1 Household and Commercial Products are frequently hazardous due to the establish written procedures for safely Association, Aerosol Products Survey Shows ignitability characteristic and in some puncturing and draining universal Strong, Stable Industry, May 2017. https:// cases may also contain listed waste or waste aerosol cans and ensure that www.thehcpa.org/aerosol-products-survey-shows- strong-stable-industry/ retrieved October 21, 2019. employees operating the device be 2 National Aerosol Association, History of the 3 University of Vermont, Paint and Aerosol trained in the proper procedures. EPA Aerosol, http://www.nationalaerosol.com/history- Safety, http://www.uvm.edu/safety/art/paint- proposed that puncturing of aerosol of-the-aerosol/, retrieved December 11, 2017. aerosol-safety, retrieved December 11, 2017.

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exhibit other hazardous waste and BB of 40 CFR part 264 or 265, or Sector as part of the Agency’s characteristics.4 subject to part 267. continuing efforts to better understand Until this rulemaking goes into effect, concerns from all stakeholders regarding 2. Regulation Under the Federal many, but not all, generators of aerosol RCRA’s applicability to the retail sector, Insecticide, Fungicide, and Rodenticide cans identified or listed as a hazardous as well as to obtain information and waste have been subject to the full Act feedback on issues affecting the retail RCRA Subtitle C hazardous waste Hazardous waste aerosol cans that sector (79 FR 8926, February 14, 2014). management requirements, including all contain pesticides are also subject to the In the NODA, EPA requested comment applicable requirements of 40 CFR parts requirements of the Federal Insecticide, on a series of topics related to retail 260 through 268. Depending on their Fungicide, and Rodenticide Act operations, waste management activities, some generators have only to (FIFRA), including compliance with the practices, and management of materials meet the requirements of part 262, instructions on the label. In general, the that may become hazardous waste when including on-site management, pre- statement on aerosol pesticide product discarded. This specifically included transport, and manifesting. Under 40 FIFRA labels prohibits the puncturing of requests for information regarding CFR 262.14, VSQGs, defined as facilities the cans. However, in April 2004, EPA aerosol cans (e.g., quantity generated, that generate less than or equal to 100 issued a determination that puncturing classification, and management options, kilograms of hazardous waste in a aerosol pesticide containers in the including handling them as universal calendar month, are not subject to the process of recycling aerosol cans is waste), since aerosol cans comprise a RCRA Subtitle C hazardous waste consistent with the purposes of FIFRA. large percentage of the retail sector’s management standards, provided they The purpose of the label prohibiting hazardous waste stream. Approximately send their waste to a municipal solid puncturing of pesticide-containing 35% of NODA commenters specifically waste landfill or non-municipal aerosol cans is to protect the ordinary suggested that discarded aerosol cans be nonhazardous waste facility approved users of pesticides from the hazards of managed as universal waste. by the state for the management of pressurized containers. The hazards In response to comments on the Retail VSQG wastes and meet other associated with recycling aerosol Sector NODA, the Agency published the conditions. In addition, households that pesticide containers are adequately, and Strategy for Addressing the Retail Sector generate waste aerosol cans are exempt more appropriately, addressed under under RCRA’s Regulatory Framework, from the Federal hazardous waste Federal, state and local laws concerning which lays out a cohesive plan to management requirements under the solid and hazardous wastes and address the unique challenges faced by household hazardous waste exemption occupational safety and health. Such the retail sector in complying with in 40 CFR 261.4(b)(1).5 puncturing is therefore lawful pursuant RCRA regulations while reducing Facilities that treat, store, and/or to FIFRA section 2(ee)(6) provided that burden and protecting human health dispose of hazardous waste aerosol cans the following conditions are met: and the environment.8 One of the action are subject to the requirements of 40 • The puncturing of the container is items under the Retail Strategy is to CFR part 264 (for permitted facilities) or performed by a person who, as a general explore adding hazardous waste aerosol the requirements of 40 CFR part 265 (for part of his or her profession, performs cans to the Universal Waste Rule. This interim status facilities). However, when recycling and/or disposal activities; final rule, which adds aerosol cans to hazardous waste aerosol cans are • The puncturing is conducted using the Federal universal waste program, recycled, the recycling process itself is a device specifically designed to safely completes EPA’s commitment in the not subject to regulation, except as puncture aerosol cans and effectively Retail Strategy to explore this option. indicated in 40 CFR 261.6(d). EPA has contain the residual contents and any Further, with this action, EPA has interpreted the current hazardous waste emissions thereof; and completed all commitments made in the regulations to mean that puncturing and • The puncturing, waste collection, Retail Strategy. draining an aerosol can, if performed for and disposal, are conducted in E. Universal Waste Rule the purpose of recycling (e.g., for scrap compliance with all applicable Federal, metal recycling), is considered part of state, and local waste (solid and In 1995, EPA promulgated the the recycling process and is exempt hazardous waste) and occupational Universal Waste Rule (60 FR 25492, from RCRA permitting requirements safety and health laws and regulations.7 May 11, 1995) to establish a streamlined under 40 CFR 261.6(c).6 However, until hazardous waste management system this rulemaking goes into effect, D. Retail Strategy and Aerosol Cans for widely generated hazardous wastes facilities receiving hazardous waste The retail sector as a whole handles as a way to encourage environmentally aerosol cans from off site would require a very large number of diverse products, sound collection and proper a RCRA permit for storage prior to the which change over time and may, in management of the wastes within the recycling activity and the recycling many instances, become regulated as system. Hazardous waste batteries, process would be subject to subparts AA hazardous waste under RCRA when certain hazardous waste pesticides, discarded. As a result, retailers are mercury-containing equipment, and 4 Aerosol cans that have not been discarded are required to make hazardous waste hazardous waste lamps are already not solid or hazardous wastes. determinations for a variety of products included on the Federal list of universal 5 Under 40 CFR 261.4(b)(1), ‘‘household waste’’ wastes. The universal waste regulations means any material (including garbage, trash and being discarded at stores located across sanitary wastes in septic tanks) derived from the country. in 40 CFR part 273 are a set of households (including single and multiple In 2014, EPA published a Notice of alternative hazardous waste residences, hotels and motels, bunkhouses, ranger management standards that operate in stations, crew quarters, campgrounds, picnic Data Availability (NODA) for the Retail grounds and day-use recreation areas). lieu of regulation under 40 CFR parts 6 EPA first explained this interpretation in 1993. 7 2004 U.S. EPA Puncturing of Aerosol Pesticide See U.S. EPA 1993 Regulatory Status of Used Products Under FIFRA for the Purpose of Recycling, 8 EPA 2016. Strategy for Addressing the Retail Residential And Commercial/Industrial Aerosol Letter from Lois Rossi and William Diamond, Office Sector under RCRA’s Regulatory Framework. Cans, Memo from Jeff Denit, Acting Director, Office of Pollution Prevention and Toxic Substances, U.S. September 12, 2016. https://www.epa.gov/ of Solid Waste to John DiFazio, Chemical EPA, to John A. Wildie, Randolph Air Force Base, hwgenerators/strategy-addressing-retail-sector- Specialties Manufacturers Association, October 7, April 30, 2004, Docket ID# EPA–HQ–OLEM–2017– under-resource-conservation-and-recovery-acts, 1993. RO# 11780. 0463–0007. retrieved on January 24, 2018.

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260 through 272 for specified hazardous programs in place, and Minnesota plans recycling of the metal used to make the wastes. to propose to add aerosol cans to their cans. Handlers and transporters who universal waste regulations in 2019.9 The universal waste regulations generate or manage items designated as The universal waste programs in all include eight factors to consider in a universal waste are subject to the these states include streamlined evaluating whether a waste is management standards under 40 CFR management standards similar to 40 appropriate for including in the part 273, rather than the full RCRA CFR part 273 for small and large regulations as a universal waste. These Subtitle C regulations. Handlers include quantity handlers of universal waste factors, codified at 40 CFR 273.81, are both facilities that generate universal and a one-year accumulation time limit to be used to determine whether waste and facilities that receive for the aerosol cans. In addition, the five regulating a particular hazardous waste universal waste from other universal current state universal waste programs under the streamlined standards would waste handlers, accumulate the set standards for puncturing and improve overall management of the universal waste, and then send the draining of aerosol cans by universal waste, and, therefore, whether the waste universal waste to another handler, a waste handlers. is a good candidate to be a universal destination facility, or a foreign The aerosol can universal waste waste. As the Agency noted in the destination. Handlers do not include programs in California, Colorado, New preamble to the final Universal Waste facilities that treat, dispose of, or recycle Mexico, Ohio, and Utah allow for Rule (60 FR 25513), not every factor universal waste except as provided in puncturing and draining of aerosol cans must be met for a waste to be the universal waste regulations. The by universal waste handlers, as long as appropriately regulated under the regulations distinguish between ‘‘large specific management standards and universal waste system. However, quantity handlers of universal waste’’ waste characterization requirements are consideration of the weight of evidence (those who handle more than 5,000 met. In addition, California does not should result in a conclusion that kilograms of total universal waste at one allow off-site commercial processors 10 regulating a particular hazardous waste time) and ‘‘small quantity handlers of to puncture and drain aerosol cans under 40 CFR part 273 will improve universal waste’’ (those who handle without a permit and requires those waste management. 5,000 kilograms or less of universal handlers that do puncture and drain EPA has examined information on waste at one time). The 5,000-kilogram cans to submit a notification. Guidance aerosol cans, including information accumulation limit applies to the in effect in Minnesota at the time of submitted in the public comments on quantity of all universal wastes publication of this final rule also allows the proposed rule and the public accumulated. The streamlined standards handlers to puncture and drain their comments on the 2014 Retail NODA include requirements for storage, 11 aerosol cans. using the criteria in 40 CFR 273.81. In labeling and marking, preparing the light of its evaluation of this waste for shipment off site, employee IV. Rationale for Including Aerosol information, the Agency has determined training, response to releases, and, in Cans in the Universal Waste Rule that on balance, hazardous waste the case of large quantity handlers, A. Factors for Inclusion in the Universal aerosol cans meet the factors in 40 CFR notification and tracking of universal Waste Rule 273.81 warranting inclusion on the waste shipments. Transporters of Federal list of universal wastes for universal waste are also subject to less EPA is adding aerosol cans to the list management under part 273. EPA stringent requirements than the full of universal wastes because this waste received numerous comments on the Subtitle C hazardous waste meets the factors found at 40 CFR proposed rule agreeing that aerosol cans transportation regulations. 273.81 that describe hazardous waste are appropriate for inclusion in the Under the Universal Waste Rule, appropriate for management under the Universal Waste Rule. EPA believes that destination facilities are those facilities streamlined universal waste system. adding aerosol cans to the list of that treat, store, dispose, or recycle Adding aerosol cans to the Universal universal wastes will make collection universal wastes. Universal waste Waste Rule simplifies handling and and transportation of this waste to an destination facilities are subject to all disposal of the wastes for generators, appropriate facility easier, and therefore currently applicable requirements for while ensuring that universal waste will help facilitate recycling and reduce hazardous waste treatment, storage, and aerosol cans are sent to the appropriate the amount of aerosol cans disposed of disposal facilities (TSDFs) and must destination facilities, where they will be in municipal landfills. A summary of receive a RCRA permit for such managed as a hazardous waste with all how the criteria in 40 CFR 273.81 apply activities. Destination facilities that applicable Subtitle C requirements to to aerosol cans is described below. recycle universal waste and that do not ensure protection of human health and store that universal waste prior to the environment. Management as 1. The Waste, as Generated by a Wide recycling in accordance with 40 CFR universal waste under the final Variety of Generators, Should Be a 261.6(c)(2) may be exempt from requirements is also expected to Listed or Characteristic Hazardous permitting under the Federal regulations facilitate environmentally sound Waste (40 CFR 273.81)(a)) (see 40 CFR 273.60(b)). Finally, states As discussed in section III, aerosol implementing the universal waste 9 See supporting document number 0004 in the cans frequently demonstrate the program are authorized to add wastes docket for this rulemaking (EPA–HQ–RCRA–2017– hazardous characteristic for ignitability that are not Federal universal wastes to 0463). See also Minnesota Pollution Control Agency (40 CFR 261.21) due to the nature of the their lists of universal wastes. Therefore, 2016, Public Rulemaking Docket, https:// www.pca.state.mn.us/sites/default/files/mm-rule1- propellant used. In addition, the in some states, aerosol cans are already 00.pdf, retrieved August 21, 2019. contents (propellant or product) may regulated as a universal waste. 10 According to California’s guidance for their also exhibit another hazardous regulations, a ‘‘commercial processor’’ is any person characteristic per 40 CFR part 261, F. State Universal Waste Programs That that processes aerosol cans in exchange for Include Aerosol Cans compensation. Some examples include individuals subpart C, and may also be a P- or U- from another generator’s site, registered hazardous Five states—California, Colorado, waste transporters, operators of hazardous waste 11 Public comments on the 2014 Retail NODA can New Mexico, Ohio, and Utah—already treatment, storage and/or disposal facilities, and be found in docket number EPA–HQ–RCRA–2012– have universal waste aerosol can operators of transportable treatment units. 0426.

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listed hazardous waste found at 40 CFR 5. Risks Posed by the Waste During 6. Regulation of the Waste Under 40 261.33(e) or (f). Accumulation and Transport Should Be CFR Part 273 Will Increase the Relatively Low Compared to the Risks Likelihood That the Waste Will Be 2. The Waste, or Category of Waste, Posed by Other Hazardous Waste, and Diverted From Non-Hazardous Waste Should Not Be Exclusive to a Particular Specific Management Standards Would Management Systems (e.g., the Industry or Group of Industries, But Be Protective of Human Health and the Municipal Solid Waste Stream) to Generated by a Wide Variety of Environment During Accumulation and Recycling, Treatment, or Disposal in Establishments (40 CFR 273.81(b)) Transport (40 CFR 273.81(e)) Compliance With Subtitle C of RCRA (40 CFR 273.81(f)) EPA has documented in the RIA for Aerosol cans are designed to contain Managing hazardous waste aerosol this final rule that large and small the products they hold during periods of cans under the universal waste program quantity generators managing hazardous storage and transportation as they move is expected to increase the number of waste aerosol cans can be found in 20 from the manufacturer to the retailer, these items collected and to increase the different industries (at the 2-digit and ultimately to the final customer. number of aerosol cans being diverted NAICS code level). Thus, aerosol cans Because of their design, hazardous from the non-hazardous waste stream are commonly generated by a wide waste aerosol cans present a relatively into the hazardous waste stream because variety of types of establishments, low risk compared to other types of it would allow generators, especially including retail and commercial hazardous waste that are not contained those that generate this waste businesses, office complexes, very small as-generated under normal management sporadically, to send it to a central quantity generators, small businesses, conditions and the risk posed by intact consolidation point. Under the government organizations, as well as waste aerosol cans during storage and Universal Waste Rule, a handler of large industrial facilities. transport is similar to the risk posed by universal waste can send the universal intact product aerosol cans. Retail and waste to another handler, where it can 3. The Waste Should Be Generated by a other entities that generate waste aerosol Large Number of Generators and be consolidated into a larger shipment cans are accustomed to safely handling for transport to a destination facility. Frequently Generated in Relatively aerosol can products. In addition, the Small Quantities (40 CFR 273.81(c)) Therefore, under the final rule it will be ignitability risk posed during more economical to send hazardous As documented in the RIA, more than accumulation and transport is addressed waste aerosol cans for recycling for by standards set by local fire codes, the 25,000 large and small quantity recovery of metal values. The final rule Office of Safety and Health generators manage hazardous waste will advance the RCRA goal of increased Administration, and the Department of resource conservation and increase aerosol cans. Quantities generated vary 12 Transportation (DOT). These proper disposal of hazardous waste, depending on the type of generator and standards include requirements for the situations associated with making it less likely that aerosol cans outer packaging, can design, and general will be sent for improper disposal in generation. For example, a retail store pressure conditions. may determine that large quantities of municipal landfills or municipal aerosol cans that can no longer be sold Finally, the Agency has determined incinerators. In addition, because the that the requirements of the universal or donated must be discarded as streamlined structure of the universal waste program are effective in waste regulations makes aerosol can hazardous waste. On the other hand, mitigating risks posed by hazardous collection programs more economical, entities that use aerosol cans in their waste aerosol cans. Specifically, the hazardous waste aerosol cans that might day-to-day operations may generate requirements for handlers to accumulate otherwise be sent to a municipal landfill small quantities of partially-used aerosol cans in a container that is under a VSQG or household hazardous hazardous waste aerosol cans on a structurally sound and compatible with waste exemption will be more easily sporadic basis. Data from the RIA the contents of the aerosol cans will collected and consolidated for demonstrate that in 2017, LQGs ensure safe management and transport. hazardous waste disposal. This waste generated an average of 1.6 tons per year In addition, the universal waste program will be diverted from the municipal each (approximately 3,600 cans). requires proper training for employees solid waste stream to universal waste 4. Systems to Be Used for Collecting the when handling universal waste, management. responding to releases, and shipment in Waste (Including Packaging, Marking, 7. Regulation of the Waste Under 40 accordance with DOT regulations. These and Labeling Practices) Would Ensure CFR Part 273 Will Improve the requirements will make the risks posed Close Stewardship of the Waste (40 CFR Implementation of and Compliance during accumulation and transport low. With the Hazardous Waste Regulatory 273.81(d)) Additionally, the final specific Program (40 CFR 273.81(g)) The baseline universal waste requirements for management of aerosol requirements of notification, labeling, cans that are punctured and drained at The structure and requirements of the Universal Waste Rule are well suited to training, and response to releases found the handler, described in section V, the circumstances of handlers of in 40 CFR part 273, subparts B and C, address the ignitability risk and are hazardous waste aerosol cans and their and the final specific requirements for designed to help prevent releases. Thus, the specific aerosol can universal waste inclusion in the universal waste management of aerosol cans in 40 CFR management standards address the risks program will improve compliance with 273.13 and 40 CFR 273.33, discussed in posed by hazardous waste aerosol cans. the hazardous waste regulations. In section V, are designed to ensure close particular, handlers of hazardous waste stewardship of the hazardous waste 12 For example, DOT—49 CFR 173.306 for aerosol cans who are infrequent aerosol cans. Shipping of Limited Quantities, Aerosol Cans and generators of hazardous waste and who 49 CFR 173.115 for Flammable Gas, OSHA—29 CFR might otherwise be unfamiliar with the 1910.106(d)(6), Flammable Liquids, 2015 NFPA— Chapter 30, Flammable and Combustible Liquids more complex Subtitle C management Code, and Chapter 30B, Code for the Manufacture structure, but who generate hazardous and Storage of Aerosol Products. waste aerosol cans, will be able to more

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easily send this waste for proper waste regulations is likely to be exception of a twenty-four ounce size management. Therefore, adding aerosol successful. limit in Utah’s definition of aerosol can. cans to the list of universal wastes B. Expected Changes in Management of EPA proposed to adopt this definition of would offer a protective hazardous Aerosol Cans aerosol can to be consistent with the waste management system that is likely existing state programs. EPA expects that under this final rule, to be more accessible, particularly for This proposed definition was the retail sector, which can face unique the number of aerosol cans that are intended be limited to sealed containers compliance challenges as compared to diverted from municipal solid waste whose intended use is to dispense a manufacturing and other ‘‘traditional’’ landfills and incinerators to recycling or material by means of a propellant or RCRA-regulated sectors.13 disposal in Subtitle C facilities will increase. Small and large quantity compressed gas. Aerosol cans are 8. Additional Factor (40 CFR 273.81(h)): generators are already required to designed to contain those materials States’ Experience Under Existing State manage their hazardous waste aerosol until they are intended for release and Universal Waste Programs Indicates cans under RCRA Subtitle C. Following to present minimal risk during normal That Regulation Under 40 CFR Part 273 implementation of this rule, some of storage and transport. Other types of Will Improve Management of Aerosol these generators will likely begin containers, including compressed gas Cans managing their aerosol cans as a canisters and propane cylinders, present The factors included in 40 CFR 273.81 universal waste, either to save money or a greater risk than aerosol cans and are designed to determine whether to improve implementation of their would not be included. EPA also regulating a particular hazardous waste existing waste management program. requested comment on limiting the under the streamlined standards for One of the streamlined provisions of the definition of aerosol cans to those under universal waste would improve the Universal Waste Rule allows twenty-four ounces, consistent with overall management of the waste; 40 consolidation of aerosol cans at central Utah’s aerosol can universal waste CFR 273.81(h) includes other factors as locations, which makes it easier for program. may be appropriate. Under 40 CFR smaller generators to arrange for b. Summary of Comments 273.81(h), EPA considered states’ hazardous waste recycling or disposal of experience of already managing aerosol these materials when they are generated. Several commenters recommended cans under state universal waste Because the streamlined structure of the that EPA model the definition of aerosol programs. As discussed in section III, universal waste standards makes aerosol can after language used in the DOT five states have added aerosol cans to can collection programs more regulations in 49 CFR 171.8 and U.N. their universal waste programs, and economical, hazardous waste aerosol Model Regulations. An aerosol is those states’ experiences with cans that might otherwise be sent to a defined in 49 CFR 171.8 as an article management of aerosol cans under their municipal landfill under a VSQG or consisting of any non-refillable respective universal waste programs household hazardous waste exemption receptacle containing a gas compressed, provides a useful source of information would be more easily collected and liquefied, or dissolved under pressure, to inform EPA’s judgment on whether to consolidated for hazardous waste the sole purpose of which is to expel a add aerosol cans to the national disposal by those who are interested in liquid, paste, or powder and fitted with universal waste program. managing it this way. EPA intends to a self-closing release device allowing Information supplied to EPA from encourage individual households and officials in those five states indicates the contents to be ejected by the gas. VSQGs to participate in such programs. Commenters noted that, in addition to that their programs improve the In summary, EPA believes that harmonizing the RCRA regulations with implementation of the hazardous waste management of hazardous waste aerosol DOT requirements, this language would program. Specifically, waste cans will best be implemented through be more inclusive, making it clear that management officials from the four a universal waste approach where aerosol cans containing products that states whose programs were operating at handlers are operating within a simple, are not dispensed as a spray or foam, the time of the proposed rule have streamlined management system. The represented to EPA that these programs universal waste program addresses the such as aerosol cans that dispense have been operating well and achieving environmental concerns surrounding product in the form of paste or powder, their objective of facilitating safe the management of such wastes, while may be managed as universal waste. In management of hazardous waste aerosol at the same time putting into place a addition, this definition would address cans.14 In particular, State officials from structure that will allow for and the risk of gas cylinders if managed as both California and Colorado stated to encourage increased collection of universal waste, since those cylinders EPA that their respective aerosol can aerosol cans for recycling. would not be considered ‘‘non-refillable universal waste programs have been in receptacles’’ with a ‘‘self-closing release effect since 2002 and they have not V. Discussion of Final Rule device’’ and therefore not eligible to be identified any problems with enforcing A. Waste Covered by Final Rule managed as universal waste under the compliance with the standards. alternative wording. 1. Definition of Aerosol Can Accordingly, this information weighs in Most commenters supported EPA’s favor of concluding that management of a. Discussion of Proposed Rule proposal to exclude compressed gas aerosol cans under the Federal universal EPA proposed that an ‘‘aerosol can’’ cylinders from the definition of be defined as an ‘‘intact container in universal waste aerosol can, noting that 13 EPA 2016. Strategy for Addressing the Retail such devices pose a higher risk than Sector under RCRA’s Regulatory Framework. which gas under pressure is used to September 12, 2016. https://www.epa.gov/ aerate and dispense any material aerosol cans pose. Two industry hwgenerators/strategy-addressing-retail-sector- through a valve in the form of a spray commenters requested that compressed under-resource-conservation-and-recovery-acts, or foam.’’ This definition is the same as gas cylinders be included as universal retrieved on January 24, 2018. waste, with one commenter asserting 14 See supporting document number 0004 in the the definition of aerosol can in the docket for this rulemaking (EPA–HQ–RCRA–2017– California, Colorado, New Mexico and that ‘‘as long as facilities have 0463). Utah universal waste programs, with the procedures in place to safely

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depressurize these devices, potential Finally, the proposed rule also universal wastes are regulated and how risks can be mitigated.’’ 15 proposed to exclude aerosol cans that the states that currently regulate aerosol Finally, most commenters (including show evidence of leakage, spillage, or cans as universal waste operate their industry, most states, and local damage that could cause leakage under programs. In addition, setting specific government) supported EPA’s proposal reasonably foreseeable conditions. This protective management standards for to not set a specific size limit on aerosol proposed rule language would mean leaking aerosol cans under the universal cans. One state association and a few that hazardous waste aerosol cans that waste regulations would ensure the risk individual states did support limiting are not intact would continue to be from these cans is addressed and that the size of aerosol cans to twenty-four subject to the full hazardous waste they are ultimately sent to appropriate ounces. standards. destination facilities per 40 CFR 273.18 and 40 CFR 273.38 instead of c. Final Rule Provisions b. Summary of Comments potentially being diverted to municipal EPA is finalizing a definition of Several commenters requested that waste streams as VSQG waste per the ‘‘aerosol can’’ that is consistent with EPA allow leaking and damaged aerosol requirements in 40 CFR 262.14. Such an language in the DOT regulations.16 In cans to be managed as universal waste. approach is also consistent with DOT the final rule, aerosol can is defined as Commenters point out that the rules for requirement that aerosols that are a non-refillable receptacle containing a other types of universal wastes (lamps, damaged, defective, or leaking to the gas compressed, liquefied or dissolved pesticides, batteries, mercury-containing point where they do not meet applicable under pressure, the sole purpose of equipment) allow damaged or leaking design standards be transported in which is to expel a liquid, paste, or items to be managed as universal waste special aerosol salvage drums. See 49 powder and fitted with a self-closing as long as they are in an appropriate CFR 173.306(k)(2). release device allowing the contents to container (e.g., overpacked with be ejected by the gas. Using language absorbents). Commenters were 3. Comments and Responses Related to from the DOT regulation will help concerned that determining whether an ‘‘Emptied’’ Aerosol Cans ensure consistency across Federal aerosol can shows ‘‘evidence of leakage, a. Comment: Empty Aerosol Cans regulatory programs, avoid spillage, or damage that could cause Should be Allowed To Be Managed as unnecessarily narrowing the scope of leakage under reasonably foreseeable Universal Waste the rule to aerosol cans that aerate their conditions’’ is a subjective standard that would be confusing to implement. Summary of Comments. Several product, and will not inadvertently commenters requested that EPA clarify include compressed gas cylinders in the Commenters noted that Colorado allows damaged aerosol cans to be managed as that handlers should be able to continue definition of aerosol can. Because to manage their punctured and drained compressed gas cylinders, unlike universal waste as long as they are managed in a separate individual aerosol cans as a universal waste and aerosol cans, require special procedures send them to another handler or to safely depressurize, it would not be container and that Ohio allows damaged aerosol cans to be managed as universal destination facility. The proposed appropriate to include them in the final § 273.6(b)(3) designated aerosol cans rule. Finally, because the DOT language waste as long as they are overpacked with absorbents or immediately that meet the standard for empty is more inclusive than the proposed containers under § 261.7 of the chapter language, it better matches the intent of punctured to remove the contents of the can. as being excluded from universal waste the proposal to apply to all types of requirements, and the proposed aerosol cans, including cans that c. Final Rule Provisions definition for aerosol cans included the dispense product in the form of paste or EPA is finalizing as proposed the requirement that they be ‘‘intact,’’ powder, and would not require states language in 40 CFR 273.6(b)(1)–(3). implying that punctured aerosol cans that have already added aerosol cans to These provisions designate aerosol cans would not meet the definition. their universal waste program to change that are not subject to hazardous waste Commenters stated that including their regulations. requirements because they are either not empty aerosol cans would provide a 2. Applicability solid waste, not hazardous waste, or clear decision process for generators to include all aerosol cans—empty, full, or a. Discussion of Proposed Rule they met the definition of empty container in 40 CFR 261.7. partially full—for proper handling and The proposed rule excluded from the However, EPA is not finalizing the disposal as universal waste. However, universal waste requirements those cans proposed language in 40 CFR commenters noted it would not be that are not yet a waste under 40 CFR 273.6(b)(4), which would have barred necessary to require empty aerosol cans part 261 and those cans that are not leaking or damaged aerosol cans from to be managed under the universal hazardous waste. In addition, at being managed as universal waste, waste regulations because generators proposed 40 CFR 273.6(b)(1)–(3), the instead leaving such cans subject to 40 may still want to manage empty aerosol proposal specifically excluded aerosol CFR part 262 hazardous waste cans as scrap metal for recycling. cans that have been emptied of their requirements. Rather, EPA is requiring EPA Response. EPA agrees that while contents (both propellant and product). that universal waste aerosol cans that aerosol cans that meet the standard for Aerosol cans that fall under these show evidence of leakage must be empty containers found at 40 CFR 261.7 categories would not be subject to packaged in a separate closed container should not be required to meet the hazardous waste requirements or or overpacked with absorbents, or universal waste requirements, they also universal waste requirements. immediately punctured and drained in should not be barred from being accordance with the aerosol can managed as universal waste if a handler 15 See comment number 0088 in the docket for universal waste requirements. (See 40 chooses to do so. Residues in empty this rulemaking (EPA–HQ–RCRA–2017–0463). CFR 273.13(e)(2) and 40 CFR containers that meet the requirements of 16 The DOT definition is also similar to the 273.33(e)(2)). 40 CFR 261.7 are not subject to RCRA definition used in U.N. Model regulations. EPA hazardous waste requirements. chose the DOT version in order to promote EPA agrees with those commenters consistency between the U.S. Federal regulatory who indicated that such an approach is However, a handler is nevertheless programs. more consistent with how other allowed under the regulation to manage

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aerosol cans that meet the empty than 2.5 centimeters (one inch) of aerosol can must be RCRA empty, per container standards as universal waste if residue remains on the bottom of the 40 CFR 261.7, to be classified as exempt they would prefer to do so. Likewise, container or inner liner, or (3) no more scrap metal. The commenter stated that non-hazardous aerosol cans may be than 3 percent by weight of the total an aerosol container does not need to be managed as universal waste, although capacity of the container remains in the completely empty or triple rinsed (if it they are not required to be managed as container or inner liner if the container held a P-listed waste) to be classified such. EPA notes that the final definition is less than or equal to 119 gallons in and recycled as scrap metal. However, of aerosol can is based on the DOT size. In addition, a container that has it is a good management practice to definition and no longer specifies that held a hazardous waste that is a remove as much of the waste from the the cans must be ‘‘intact,’’ thus compressed gas is empty when the aerosol can as possible. removing a potential source of pressure in the container approaches EPA Response. Under 40 CFR 261.1, confusion. atmospheric pressure. ‘‘scrap metal’’ is defined as bits and In the case of a container that has held pieces of metal parts (e.g., bars, b. Comment: Additional Guidance an acute hazardous waste listed in 40 turnings, rods, sheets, wire) or metal Needed on How To Determine if an CFR 261.31 or 261.33(e), the container pieces that may be combined together Aerosol Can Meets the Empty Container is considered empty when it has been with bolts or soldering (e.g., radiators, Standard triple rinsed or has been cleaned by scrap automobiles, railroad box cars), Summary of Comments. Several another method that has been shown in which when worn or superfluous can be commenters suggested that EPA provide scientific literature, or by tests recycled. Under 40 CFR 261.6(a)(3)(ii), additional guidance on how to conducted by the generator to achieve exempt scrap metal is not subject to determine if an aerosol can meets the equivalent removal, per 40 CFR regulation under parts 262 through 268, empty container standard found at 40 261.7(b)(3). EPA also considers a part 270, or part 124, and is not subject CFR 261.7. One commenter suggested container that has held an acute to the notification requirements of that EPA adopt guidance used by the hazardous that is a compressed gas to section 3010 of RCRA. State of Minnesota which recognizes an meet the definition of empty when it However, an aerosol can that still aerosol can as ‘‘empty’’ when (1) the approaches atmospheric pressure, as contains hazardous liquid and/or container contains no compressed defined in 40 CFR 261.7(b)(2).20 EPA is hazardous compressed gas would not ignitable gas propellant or product; (2) not aware of a chemical commonly meet the definition of scrap metal and all liquid product that can be dispensed found in aerosol cans that would be would not be eligible for the scrap metal through the valve has been; and (3) less listed as an acute hazardous waste, but exemption. As EPA has clearly stated, than 3% of the product capacity of the if such an aerosol can product does materials containing significant container remains. Minnesota’s exist, it would have to meet the 40 CFR amounts of liquid cannot be eligible to guidance also recognizes that 261.7(b)(2) or (3) standard to be be exempt scrap metal.21 Thus while documenting that an aerosol can meets considered ‘‘empty’’ under the EPA agrees that aerosol cans do not this standard can be impractical and regulations. The commenter request for need to be triple rinsed prior to being therefore provides that aerosol cans may a revision to 40 CFR 261.7 that would recycled as scrap metal, they do need to be assumed empty when both of the allow aerosol cans that have held have their contents removed to be following criteria are satisfied: (1) No acutely hazardous waste to be disposed considered scrap metal. liquid is felt or heard when the can is of without meeting the current standard d. Comment: Universal Waste Handlers shaken by hand; and (2) no gas or liquid in 40 CFR 261.7(b)(3) when punctured Should Not Be Required To Make a is released when the spray/discharge and drained is being beyond the scope Hazardous Waste Determination on the valve is activated and the container is of this rulemaking. Emptied Cans rotated through all directions, and the However, in the case of aerosol cans Summary of Comments. One valve is not observably or known to be being recycled, rather than disposed of, commenter noted that 40 CFR clogged.17 Another commenter aerosol cans that have been punctured 273.13(e)(3)(v) and 273.33(e)(3)(v) of the suggested that EPA add a provision to and drained prior to recycling are proposed rule require that the universal 40 CFR 261.7 stating that an aerosol can considered exempt scrap metal under 40 waste handler ‘‘Conduct a hazardous is empty when it has been punctured CFR 261.6(a)(3)(ii), and therefore all waste determination on the emptied and drained. The commenter stated that such punctured cans would be exempt aerosol can and its contents per 40 CFR this provision should apply to cans that from hazardous waste requirements 262.11.’’ While the commenter agreed hold characteristic or listed wastes.18 when recycled. on the need for a hazardous waste EPA Response. Under 40 CFR c. Comment: EPA Should Clarify That determination to be made on the 261.7(b),19 a container that has held an Aerosol Can Does Not Need To Be contents, they stated that requiring it for non-acute hazardous waste is ‘‘empty’’ ‘‘Empty’’ To Be Exempt Scrap Metal the emptied cans contradicts prior EPA if (1) all wastes have been removed that guidance regarding scrap metal. The can be removed using the practices Summary of Comments. One proposed rule only allows for commonly employed to remove commenter noted that EPA said in the puncturing of cans on the condition that materials from that type of container, proposed rule that aerosol containers the empty punctured aerosol cans be e.g., pouring, pumping, and aspirating that meet the definition of empty in 40 recycled. EPA has previously stated that (applicable in all cases), and (2) no more CFR 261.7 are not subject to hazardous waste regulation and may be recycled as a formal hazardous waste determination 17 See comment number 0086 in the docket for scrap metal. They found this statement is not required for scrap metal being 22 this rulemaking (EPA–HQ–RCRA–2017–0463). misleading because it implies that the recycled under 40 CFR 261.6(a)(3)(ii). 18 See comment number 0085 in the docket for this rulemaking (EPA–HQ–RCRA–2017–0463). 20 EPA first explained this interpretation in 2017. 21 EPA 1985 Definition of Solid Waste Final Rule, 19 EPA did not request comment on or otherwise See U.S. EPA 2017 RCRA Regulatory Status of 50 FR 614 at 624–625, January 4, 1985. reopen the empty container provisions of 40 CFR Permeation Device, Memo from Barnes Johnson, 22 EPA 1993 Memorandum from Jeffrey D. Denit, 261.7 and comments requesting changes to the Director, Office of Resource Conservation and Acting Director, Office of Solid Waste to Gregory L. empty container regulations are outside the scope Recovery to Alex Chaharom, GeNO LLC, February Crawford. Regulatory Status of Used Residential of this rule. 9, 2017. RO# 14887 And Commercial/Industrial Aerosol Cans, October

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EPA response. EPA agrees with the 273.13 and 273.33 and are found in new actuators to reduce the risk of accidental comment and has removed the language paragraph (e) of each of these sections. release but is allowing handlers to do so in 40 CFR 273.13(e)(3)(v) and Handlers may sort aerosol cans by type prior to accumulation if they choose. 273.33(e)(3)(v) requiring a waste and consolidate intact aerosol cans in A state commenter suggested that EPA determination to be made on the larger containers, remove actuators to include more specific safety measures to emptied aerosol can destined for reduce the risk of accidental release, address the risk of cans bursting when recycling. and, under certain conditions, may exposed to excessive heat during puncture and drain aerosol cans when accumulation, regardless of whether the B. Management Requirements for the emptied cans are to be recycled, as handler punctures and drains the Aerosol Cans described below. universal waste aerosol cans.26 In order 1. Requirements for Small and Large Other than the comments on the to address this risk, EPA added language Quantity Handlers requirements for puncturing and to 40 CFR 273.13(e)(1) and 40 CFR Under the final rule, the existing draining at small and large quantity 273.33(e)(1) to require the universal universal waste requirements currently handlers, which are described below, waste aerosol cans be accumulated in a applicable to small quantity handlers of EPA received few comments on the container that is protected from sources universal waste (SQHUW) and large requirements for small and large of heat. Sources of heat include, but are quantity handlers of universal waste quantity universal waste handlers. One not limited to, open flames; lighting; (LQHUW) are also applicable to state association urged EPA to place smoking; cutting and welding; hot handlers of discarded aerosol cans.23 limits on the accumulation surfaces; frictional heat; static, requirements for universal waste electrical, and mechanical sparks; and For both SQHUWs and LQHUWs, these 27 requirements include waste handlers by requiring separation of heat-producing chemical reactions. management standards, labeling and incompatible wastes because of the For example, handlers should not allow marking, accumulation time limits, wide array of products aerosol cans smoking or open flames near containers employee training, responses to contain.24 EPA is finalizing the accumulating universal waste aerosol releases, requirements related to off-site performance-based standard that cans. It is the responsibility of the shipments, and export requirements. handlers must manage their universal operator to ensure that the containers LQHUWs are subject to additional waste aerosol cans in a manner that accumulating universal waste aerosol notification and tracking requirements. prevents releases, but EPA is not cans are protected from sources of heat. For the labeling requirement, EPA is requiring separation of specific types of 2. Requirements on Puncturing and finalizing in 40 CFR 273.14 and 273.34 aerosol cans whose contents may pose Draining at Small and Large Quantity that either each aerosol can, or a an incompatibility risk because EPA Handlers container in which the aerosol cans are expects the intact aerosol cans will contained, must be labeled or marked ensure the contents of these cans will a. Summary of Proposal clearly with any of the following not mix and therefore will not pose EPA proposed specific management phrases: ‘‘Universal Waste—Aerosol incompatibility risks. In addition, EPA standards for the puncturing and Can(s),’’ ‘‘Waste Aerosol Can(s),’’ or is requiring that universal waste aerosol draining of aerosol cans at universal ‘‘Used Aerosol Can(s).’’ cans that show evidence of leakage must waste handlers, similar to the In addition, EPA is finalizing that be packaged in a separate closed requirements being implemented in small and large quantity universal waste container or overpacked with states that added aerosol cans to their handlers must follow certain specific absorbents, or immediately punctured list of universal waste. EPA proposed management standards while handling and drained in accordance with the that puncturing and draining activities their universal waste aerosol cans. aerosol can universal waste be conducted by a device specifically Under the final rule, all handlers must requirements. (See 40 CFR 273.13(e)(2) designed to safely puncture aerosol cans manage their universal waste aerosol and 40 CFR 273.33(e)(2)), thus removing and effectively contain the residual cans in a manner designed to prevent the risk of incompatible contents mixing contents and any emissions thereof. releases to the environment. This during storage and transport. EPA proposed that handlers must management includes accumulating A waste management industry establish a written procedure detailing universal waste aerosol cans in commenter suggested EPA require that how to safely puncture and drain containers that are structurally sound handlers accumulate universal waste universal waste aerosol cans (including and compatible with the contents of the aerosol cans in strong outer packaging operation and maintenance of the unit; can, and show no evidence of leaks, that will not be allowed to build segregation of incompatible wastes; and spills, or damage that could cause leaks pressure, that the contents of the aerosol proper waste management practices to under reasonably foreseeable cans are compatible, and that protective prevent fires or releases), maintain a conditions. The accumulation caps are in place or valve stems are copy of the manufacturer’s specification requirements in this final rule are removed to prevent the accidental and instruction on site, and ensure that similar to the existing accumulation release of the contents of the aerosol employees operating the devices are requirements for small and large cans during storage and handling.25 EPA trained in the proper procedures. quantity universal waste handlers for is finalizing, as proposed, the EPA also proposed that the actual other types of universal waste in 40 CFR performance-based standards that puncturing of the cans should be done require the aerosol cans to be in a manner designed to prevent fires 7, 1993, RO#11782; EPA 1994; Memorandum from accumulated in containers that are and to prevent the release of the aerosol to Michael H. Shapiro, Director, Office of Solid structurally sound and compatible with can contents to the environment so as to Waste, to Michael C. Campbell, Regulatory Status the contents of the cans. EPA is not minimize human exposure. This of Waste Aerosol Cans, January 1, 1994, RO#11806. requiring handlers to remove the included, but was not limited to, 23 Note that EPA did not ask for comment or otherwise reopen the pre-existing universal waste requirements that will now also apply to universal 24 See comment number 0073 in the docket for 26 See comment number 0085 in the docket for waste aerosol cans. Comments on the pre-existing this rulemaking (EPA–HQ–RCRA–2017–0463). this rulemaking (EPA–HQ–RCRA–2017–0463). universal waste requirements are beyond the scope 25 See comment number 0063 in the docket for 27 This list is derived from OSHA’s definition of of this rulemaking. this rulemaking (EPA–HQ–RCRA–2017–0463). ‘‘sources of ignition’’ in 29 CFR 1910.106(h)(7)(i)(a).

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locating the equipment on a solid, flat commenter requested that EPA not limit device designed to effectively contain surface in a well-ventilated area. which handlers can puncture and drain the residual contents and emissions to In addition, EPA proposed that the aerosol cans.29 Multiple industry be clarified.36 Specifically, commenters contents from the cans should be commenters requested that, at a requested EPA clarify what ‘‘effectively immediately transferred from the waste minimum, if EPA limits off-site contain’’ means in relation to emissions aerosol cans or puncturing device (if handlers from puncturing and draining, and what constitutes breakthrough.37 A applicable), to a container or tank and EPA still allow off-site handlers to state association commenter wrote that that the contents are subject to a puncture and drain aerosol cans the only way to ensure the puncturing hazardous waste determination under collected from other handlers in the and draining activities are containing 40 CFR 262.11. If the contents are same company or handlers that are emissions it to implement an air hazardous waste, the handler becomes related entities.30 monitoring program or to ensure the the hazardous waste generator of the EPA also received numerous devices are equipped with ‘‘end of life’’ hazardous aerosol can contents and comments on the specific management filters that show when breakthrough is must manage those wastes in standards for the puncturing and occurring.38 An industry commenter accordance with applicable RCRA draining of aerosol cans at universal wrote that a requirement that allows for regulations. waste handlers. EPA received broad no breakthrough is not practical, but The proposed rule also required that comments from industry commenters that handlers can maximize collection a written procedure be in place in the supporting the proposed standards for of emissions by following manufacturer event of a spill or release and a spill the puncturing and draining of aerosol instructions.39 clean-up kit must be provided. All spills cans as sufficient and arguing that EPA also received comments from or leaks of the contents must be cleaned further limitations are not necessary.31 state associations urging EPA to require up promptly. EPA also received specific suggestions handlers that puncture and drain to EPA requested comment on from industry commenters on the establish and follow a written procedure establishing further limitations on the management standards. For example, detailing how to safely puncture aerosol puncturing and draining of aerosol cans one commenter recommended that EPA cans rather than only require handlers that may contain wastes incompatible should not place additional limitations to establish a written procedure as with the puncturing and draining on puncturing and draining designed to proposed.40 Commenters also pointed equipment or the contents of other cans address potential incompatibility out that it is common practice to operate being drained. EPA also requested concerns because they are not puncturing and draining devices on comment on limiting puncturing and necessary.32 On the other hand, one spill catchment pallets to aid in draining to handlers that are not state requested that EPA prohibit capturing accidental leaks or spills and commercial processors (i.e., a person handlers from puncturing and draining asked EPA to allow this under the final that processes aerosol cans received aerosol cans with possible rule.41 incompatibility with the puncturing and from other entities in exchange for c. Final Rule Provisions compensation). Such a limitation would draining equipment or the contents of be consistent with California’s universal other cans being drained.33 EPA expects puncturing and draining waste program. Handlers that are off-site State associations commented that activities at universal waste handlers commercial processors could still accept EPA should require puncturing and will differ from those currently aerosol cans and process the cans by draining to be conducted in a performed by hazardous waste sorting and consolidating them but commercially-manufactured device and generators. Because handlers receive would be unable to puncture and drain not allow handlers to use ‘‘homemade’’ universal waste from many other 34 the cans. Under this option, off-site devices. A commenter from the waste handlers, the volume of aerosol cans commercial processors that would like management industry argued that there punctured and drained at a commercial to puncture and drain aerosol cans is no basis for requiring puncturing and universal waste handler is likely to be would have to first meet the draining to be conducted in a much greater than at a typical hazardous requirements for a universal waste commercial device and pointed out that waste generator (which can only destination facility (e.g., obtaining a many companies have designed and puncture and drain its own hazardous permit for the storage of the hazardous operated their own equipment for such waste aerosol cans). In addition, under waste aerosol cans prior to recycling). purposes based on their engineering universal waste regulations, handlers expertise.35 may store their universal waste up to a b. Summary of Comments Commenters also asked for the year, which could increase the number The most frequent comment EPA requirement that puncturing and of cans punctured and drained at one received on puncturing and draining draining activities be conducted in a time if the facility processes the cans in was on limiting handlers from batches. Thus, EPA believes it is 29 See comment numbers 0029 and 0080 in the appropriate to include performance- puncturing and draining aerosol cans docket for this rulemaking (EPA–HQ–RCRA–2017– received from off-site handlers. For 0463). example, waste management industry 30 See comment numbers 0077, 0087, and 0093 in 36 See comment numbers 0073 and 0085 in the commenters and some state commenters the docket for this rulemaking (EPA–HQ–RCRA– docket for this rulemaking (EPA–HQ–RCRA–2017– 0463). requested that EPA not allow off-site 2017–0463). 31 See comment numbers 0075 and 0083 in the 37 See comment numbers 0001, 0073, and 0085 in handlers to puncture and drain aerosol docket for this rulemaking (EPA–HQ–RCRA–2017– the docket for this rulemaking (EPA–HQ–RCRA– cans collected from other handlers 0463). 2017–0463). unless they first meet the requirements 32 See comment number 0087 in the docket for 38 See comment number 0073 in the docket for for a universal waste destination this rulemaking (EPA–HQ–RCRA–2017–0463). this rulemaking (EPA–HQ–RCRA–2017–0463). 33 39 28 See comment number 0077 in the docket for See comment number 0001 in the docket for facility. On the other hand, an this rulemaking (EPA–HQ–RCRA–2017–0463). this rulemaking (EPA–HQ–RCRA–2017–0463). industry commenter and a state 34 See comment numbers 0073 and 0085 in the 40 See comment numbers 0073 and 0085 in the docket for this rulemaking (EPA–HQ–RCRA–2017– docket for this rulemaking (EPA–HQ–RCRA–2017– 28 See comment numbers 0063, 0074, 0085, and 0463). 0463). 0091 in the docket for this rulemaking (EPA–HQ– 35 See comment number 0074 in the docket for 41 See comment number 0064 in the docket for RCRA–2017–0463). this rulemaking (EPA–HQ–RCRA–2017–0463). this rulemaking (EPA–HQ–RCRA–2017–0463).

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based management standards to address specifically custom designed or responsibility of the operator to ensure the risk of puncturing and draining retrofitted equipment to ensure that the breakthrough is not occurring. Although aerosol cans at universal waste device safely punctures aerosol cans, it commenters pointed out that handlers handlers. should ensure the equipment is could ensure devices are equipped with Despite the differences between designed or retrofitted according to ‘‘end of life’’ filters that show when recycling of aerosol cans at hazardous accepted engineering practices based on breakthrough is occurring, it is waste generators versus recycling of established codes, standards, published impractical to impose this requirement aerosol cans at universal waste technical reports, or similar peer on all universal waste handlers who use handlers, under the final rule, EPA is reviewed documents. Although EPA puncturing and draining equipment not limiting off-site handlers from received comments from the waste because the manufacturer’s guidance puncturing and draining aerosol cans management industry arguing that their with respect to containing emissions collected from other handlers. Based on members have safely designed and varies across the industry.47 For an observed lack of damage cases from operated their own equipment for example, some manufacturers puncturing and draining aerosol cans in puncturing and draining aerosol cans, recommend limiting the number of cans the manner described in this rule, it EPA expects most universal waste drained per filter while other appears that risks posed by universal handlers will choose to purchase manufacturers recommend weighing the waste handlers puncturing and draining commercial devices designed to filter before and during use.48 Given the aerosol cans collected from other puncture aerosol cans. Puncturing and variability in the market, it is handlers is relatively low. EPA has draining systems for aerosol cans are impractical for EPA to determine a determined that the final management available from multiple commercial single, appropriate standard for standards for the puncturing and vendors. These devices generally consist ensuring breakthrough is not occurring. draining of aerosol cans at universal of an enclosed puncturing device that Rather, EPA is finalizing as proposed waste handlers at 40 CFR 273.13(e)(4) punctures an aerosol can, allowing the the performance-based standard that and 40 CFR 273.33(e)(4) adequately contents to be drained into an attached universal waste handlers must use a address the low risks. Additionally, the container. In many cases, these device designed to safely puncture five of the six states that have added containers are 55-gallon drums with a aerosol cans and effectively contain the aerosol cans to their list of universal filter made of carbon or similar residual contents and any emissions wastes allow off-site handlers to materials to capture any gases that may thereof. Universal waste handlers can puncture and drain aerosol cans escape the 55-gallon drum during the minimize the potential for breakthrough collected from other handlers, and EPA puncturing and draining process. by maintaining the puncturing and is not aware of any damage cases Manufacturers of aerosol can draining device and replacing air filters resulting specifically from the puncturing and draining devices according to the manufacturer’s 44 puncturing and draining under include instructions for their use. specifications. universal waste in these states.42 In These instructions include operating Because handlers are responsible for particular, State officials from Colorado devices in a well-ventilated area that is ensuring that the puncturing device is stated to EPA that their respective free from sparks and ignition sources in properly draining the contents of the aerosol can universal waste programs order to prevent fires, use of personal aerosol cans into the drum, EPA is have been in effect for over 15 years, protective equipment such as safety finalizing that handlers must establish and they have not identified any goggles, and segregating incompatible and follow a written procedure to products from being drained into the damage cases associated with ensure that handlers take the necessary same container. Operators of puncturing puncturing and draining.43 precautions to protect human health and draining devices are also instructed As mentioned, EPA is finalizing and the environment while puncturing to ensure that the container remains management standards for the and draining universal waste aerosol closed, that it does not become puncturing and draining of aerosol cans cans. At a minimum, EPA is requiring overfilled, and that the container or tank at universal waste handlers to increase that the written procedure address the storing the contents of the drained protections. Under the final rule, operation and maintenance of the unit, aerosol cans is also kept in a well- puncturing and draining activities must including its proper assembly; ventilated area free from sparks or be conducted by a device specifically segregation of incompatible wastes; and ignition sources. proper waste management practices designed to safely puncture aerosol cans EPA received multiple comments (e.g., ensuring that ignitable wastes are and effectively contain the residual arguing that the requirement that stored away from heat or open flames). contents and any emissions thereof. puncturing and draining activities be In order to increase protections, EPA is EPA is not finalizing that the puncturing conducted in a device designed to clarifying in the final rule that handlers and draining activities must be effectively contain the residual contents conducted in a commercial device or a must follow the written procedure. and emissions needs to be clarified.45 commercially-manufactured device and Additionally, EPA is finalizing that Specifically, commenters requested EPA is instead finalizing a performance- handlers must maintain a copy of the clarify what ‘‘effectively contain’’ means based standard. In response to manufacturers’ instructions on site and in relation to emissions.46 The comments, EPA is not limiting universal ensure employees operating the device performance of aerosol can puncturing waste handlers that have designed their are trained in the proper procedures. and draining devices will vary by own equipment for puncturing and Although some states have issued manufacturer and it remains the draining and operated it safely from guidelines for recommending against continuing to use that equipment. If a 44 See supporting document 0003 in the docket puncturing and draining certain types of universal waste handler uses for this rulemaking (EPA–HQ–RCRA–2017–0463). aerosol cans, there is limited publicly 45 See comment numbers 0073 and 0085 in the 42 See supporting document number 0004 in the docket for this rulemaking (EPA–HQ–RCRA–2017– 47 See supporting document 0003 in the docket docket for this rulemaking (EPA–HQ–RCRA–2017– 0463). for this rulemaking (EPA–HQ–RCRA–2017–0463). 0463). 46 See comment numbers 0001, 0073, and 0085 in 48 See comment number 0005 and supporting 43 See docket for this rulemaking (EPA–HQ– the docket for this rulemaking (EPA–HQ–RCRA– document 0003 in the docket for this rulemaking RCRA–2017–0463). 2017–0463). (EPA–HQ–RCRA–2017–0463).

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available data on the subset of aerosol accordance with applicable RCRA CFR 261.4(b)(1). However, under the cans that pose an incompatibility risk. regulations. Universal Waste Rule provisions, Additionally, since new products enter The final rule also requires that a VSQGs may choose to manage their the market and products are constantly written procedure be in place in the hazardous waste aerosol cans in changing, it is not practical to codify a event of a spill or leak and a spill clean- accordance with either the VSQG finite list of aerosol cans that pose an up kit should be provided. All spills or regulations under 40 CFR 262.14 or as incompatibility risk. Therefore, EPA is leaks of the contents of the aerosol cans a universal waste under part 273 (40 not providing a list of certain types of should be cleaned up promptly. CFR 273.8(a)(2)). It should be noted, aerosol cans that might pose Finally, EPA notes that all however, that 40 CFR 273.8(b) will incompatibility issues with puncturing puncturing, waste collection, and continue to apply. Under this provision, devices or the contents of other aerosol disposal must be conducted in if household or VSQG wastes are mixed cans that are drained. However, it compliance with all applicable Federal, with universal waste subject to the remains the responsibility of the state and local waste (solid and requirements of 40 CFR part 273 (i.e., operator to ensure that the puncturing hazardous waste) and occupational universal waste that is not generated by device does not puncture aerosol cans safety and health laws and regulations. households or VSQGs), the commingled that are incompatible with its materials 3. Requirements for Transporters waste must be handled as universal or the contents of other aerosol cans that waste in accordance with part 273. This final rule will not change any of are being drained. Because aerosol cans Under this final rule, handlers of the existing requirements applicable to are consumer products, aerosol cans universal waste who accumulate 5,000 universal waste transporters. Under 40 have labels that identify the products kilograms or more of this commingled CFR 273.9, the definition of a universal contained within, including any aerosol can waste at any time will be waste transporter is a person engaged in hazardous posed by the contents which considered large quantity handlers of the off-site transportation of universal can assist handlers in ensuring they universal waste and must meet the waste by air, rail, highway, or water. have addressed incompatibility issues. requirements of that category of Persons meeting the definition of As mentioned above, EPA is requiring universal waste handler. universal waste transporter include handlers to establish and follow a Hazardous waste aerosol cans that are those persons who transport universal written procedure that addresses the managed as a universal waste under 40 waste from one universal waste handler operation of the unit, including the CFR part 273 will not be required to be to another, to a processor, to a segregation of incompatible wastes. The included in a facility’s determination of destination facility, or to a foreign operator can look to state guidance and hazardous waste generator status (40 destination. These persons are subject to manufacturer’s guidance for CFR 262.13(c)(6)). Therefore, a generator the universal waste transporter information. For example, that manages such cans under the requirements of part 273, subpart D. requirements for universal waste and manufacturers make information EPA notes that this final rule also will does not generate any other hazardous available regarding potential not affect the applicability of shipping waste will not be subject to other incompatibilities between aerosol can requirements under the hazardous waste Subtitle C hazardous waste management propellants and puncturing devices materials regulations of DOT. regulations, such as the hazardous waste container rubber seals or gaskets.49 Transporters continue to be subject to generator regulations in part 262. A EPA is also finalizing that the actual these requirements, if applicable (e.g., universal waste handler that meets the puncturing of the cans be done in a 49 CFR 173.306 for shipping of limited definition of a small quantity generator manner designed to prevent fires and to quantities of aerosol cans, or 49 CFR or large quantity generator in 40 CFR prevent the release of the aerosol can 173.115(l), which sets limits in the 260.10 for its other hazardous waste will contents to the environment so as to definition of ‘‘aerosol’’ for the purpose be subject to the hazardous waste minimize human exposure. This of shipping flammable gas). generator regulations in part 262. manner includes, but is not limited to, locating the equipment on a solid, flat 4. Requirements for Destination 6. Applicability of Land Disposal surface in a well-ventilated area. Facilities Restriction Requirements Commenters pointed out that it is This final rule will not change any of This final rule does not change the common practice to operate puncturing the existing requirements applicable to applicability of land disposal restriction and draining devices on spill catchment universal waste destination facilities (LDR) requirements to universal waste. pallets to aid in capturing accidental (subpart E of part 273). Under 40 CFR Under the existing regulations (40 CFR leaks or spills, which is allowed under 273.9, the definition of a destination 268.1(f)), universal waste handlers and the final rule if the spill catchment facility is a facility that treats, disposes transporters are exempt from the LDR pallet is located on a solid, flat surface. of, or recycles a particular category of requirements regarding testing, tracking, In addition, EPA is finalizing that the universal waste (except certain activities and recordkeeping in 40 CFR 268.7, and handler must immediately transfer the specified in the regulations at the storage prohibition in 40 CFR contents from the waste aerosol can, or §§ 273.13(a) and (c) and 273.33(a) and 268.50. EPA is amending 40 CFR the puncturing device (if applicable), to (c)). 268.1(f) to add aerosol can universal waste for consistency. This final rule a container or tank and conduct a 5. Effect of This Rule on Household also does not change the regulatory hazardous waste determination of the Wastes and Very Small Quantity status of destination facilities; they contents under 40 CFR 262.11. The Generators handler becomes the generator of any remain subject to the full LDR Adding hazardous waste aerosol cans hazardous aerosol can contents and requirements. to the Federal definition of universal must manage those wastes in wastes would not impose any VI. Technical Corrections requirements on households or VSQGs As part of this rulemaking, EPA is 49 See Compilation of Manufacturer’s Guidance finalizing four technical corrections to on Devices for Puncturing and Draining Aerosol for managing these cans. Household Cans, December 2017, in the docket for this waste continues to be exempt from the universal waste standards for rulemaking (EPA–HQ–RCRA–2017–0463). RCRA Subtitle C regulations under 40 mercury-containing equipment in 40

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CFR 273.13(c)(2)(iii) and (iv) and unauthorized states. EPA is directed by B. Executive Order 13771: Reducing 273.33(c)(2)(iii) and (iv). Each of these the statute to implement these Regulations and Controlling Regulatory paragraphs contained a reference to 40 requirements and prohibitions in Costs CFR 262.34, which was removed and authorized states, including the This action is considered an reserved as part of the November 28, issuance of permits, until the state is Executive Order 13771 deregulatory 2016, Hazardous Waste Generator granted authorization to do so. While action. Details on the estimated cost Improvements Rule (81 FR 85732). EPA states must still adopt HSWA-related savings of this final rule can be found neglected to update these references as provisions as state law to retain final in EPA’s analysis of the costs and part of its corresponding changes in that authorization, EPA implements the benefits associated with this action. rule and is correcting that mistake here. HSWA provisions in authorized states In all four places, EPA proposed C. Paperwork Reduction Act (PRA) until the states do so. revisions to make the regulations refer The information collection activities Authorized states are required to to 40 CFR 262.16 or 262.17, as in this final rule have been submitted modify their programs only when EPA applicable. As a result of a comment for approval to the Office of enacts Federal requirements that are stating that this revision did not include Management and Budget (OMB) under references to other potentially more stringent or broader in scope than the PRA. The Information Collection applicable paragraphs of the hazardous existing Federal requirements. RCRA Request (ICR) documents that the EPA waste generator regulations in part 262, section 3009 allows the states to impose prepared have been assigned EPA ICR EPA has revised the language and is standards more stringent than those in number 1597.13 and ICR number finalizing language that matches the Federal program (see also 40 CFR 2513.04. You can find a copy of the ICRs references in §§ 273.13(a) and 273.33(a). 271.1). Therefore, authorized states may, in the docket for this rule, and they are The final language states that mercury but are not required to, adopt Federal briefly summarized here. from broken ampules must be regulations, both HSWA and non- Because aerosol cans managed under transferred to a container subject to all HSWA, that are considered less the final rule are not counted toward a applicable requirements of 40 CFR parts stringent than previous Federal facility’s RCRA generator status, 260 through 272. regulations. respondents will see a reduction in VII. State Authority burden. This reduction is because the B. Effect on State Authorization aerosol cans will not be subject to A. Applicability of Final Rule in recordkeeping and reporting Authorized States This final rule will be less stringent than the current Federal program. requirements as hazardous waste, and Under section 3006 of RCRA, EPA Because states are not required to adopt the respondent may no longer be subject may authorize qualified states to less stringent regulations, they will not to hazardous waste generator administer and enforce the RCRA recordkeeping and reporting have to adopt the universal waste hazardous waste program within the requirements, depending on the regulations for aerosol cans, although state. Following authorization, EPA quantity of hazardous waste they EPA encourages them to do so. Some retains enforcement authority under generate (that is not hazardous waste sections 3008, 3013, and 7003 of RCRA, states have already added aerosol cans aerosol cans or other universal wastes). although authorized states have to the list of universal wastes, and The existing universal waste enforcement responsibility. The others may do so in the future. If a requirements currently applicable to standards and requirements for state state’s standards for aerosol cans are less SQHUWs and LQHUWs will also be authorization are found at 40 CFR part stringent than those in the final rule, the applicable to handlers of aerosol can 271. Prior to enactment of the state would have to amend its universal waste. For both SQHUWs and Hazardous and Solid Waste regulations to make them at least LQHUWs, these requirements include Amendments of 1984 (HSWA), a state equivalent to the Federal standards and labeling and marking, employee with final RCRA authorization pursue authorization. training, response to releases, and administered its hazardous waste export requirements. LQHUWs are also VIII. Statutory and Executive Order program entirely in lieu of EPA subject to additional notification and Reviews administering the Federal program in tracking requirements. EPA ICR number that state. The Federal requirements no Additional information about these 1597.13 focuses on the increased burden longer applied in the authorized state, statutes and Executive orders can be to the universal waste program resulting and EPA could not issue permits for any found at http://www.epa.gov/laws- from new facilities becoming universal facilities in that state, since only the regulations/laws-and-executive-orders. waste handlers. EPA ICR number state was authorized to issue RCRA 2513.04 focuses on the decrease in permits. When EPA promulgated new, A. Executive Order 12866: Regulatory burden associated with this regulation. more stringent Federal requirements for Planning and Review and Executive Respondents/affected entities: The these pre-HSWA regulations, the state Order 13563: Improving Regulation and information collection requirements of was obligated to enact equivalent Regulatory Review the final rule affect facilities that handle authorities within specified time frames. aerosol can universal waste and vary However, the new Federal requirements This regulatory action was based on facility generator and handler did not take effect in an authorized state determined to be not significant and status. until the state adopted the Federal was therefore not submitted to the Respondent’s obligation to respond: requirements as state law. In contrast, Office of Management and Budget The recordkeeping and notification under RCRA section 3006(g) (42 U.S.C. (OMB) for review. This regulatory action requirements are required to obtain a 6926(g)), which was added by HSWA, was determined to be not significant for benefit under 40 CFR part 273. new requirements and prohibitions purposed E.O. 12866 review. The Office Estimated number of respondents: imposed under HSWA authority take of Management and Budget (OMB) 970. effect in authorized states at the same waived review. Frequency of response: One-time time that they take effect in notification for LQHUWs; annual

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training requirements for all universal F. Executive Order 13132: Federalism L. Congressional Review Act (CRA) waste handlers; per-shipment costs for As documented in the Regulatory This action is subject to the CRA, and labeling (all handlers) and tracking Impact Analysis found in the docket for the EPA will submit a rule report to (LQHUWs). each House of the Congress and to the Total estimated burden: EPA this rule, this action does not have Comptroller General of the United estimates the annual burden to federalism implications. It will not have States. This action is not a ‘‘major rule’’ respondents to be a net reduction in substantial direct effects on the states, as defined by 5 U.S.C. 804(2). burden of approximately 62,621 hours. on the relationship between the Burden is defined at 5 CFR 1320.3(b). National Government and the states, or List of Subjects Total estimated cost: The total on the distribution of power and estimated annual cost of this rule is a responsibilities among the various 40 CFR Part 260 cost savings of approximately $2.77 levels of government. Environmental protection, million. This cost savings is composed G. Executive Order 13175: Consultation Administrative practice and procedure, of approximately $2.65 million in and Coordination With Indian Tribal Hazardous waste, Reporting and annualized avoided labor costs and Governments recordkeeping requirements. $23,000 in avoided capital or operation 40 CFR Part 261 and maintenance costs. This action does not have tribal An agency may not conduct or implications as specified in Executive Environmental protection, Hazardous sponsor, and a person is not required to Order 13175. Because the rule is waste, Recycling, Reporting and respond to, a collection of information expected to result in net cost savings, recordkeeping requirements. unless it displays a currently valid OMB EPA does not expect that it will result 40 CFR Part 264 control number. The OMB control in any adverse impacts on tribal entities. numbers for the EPA’s regulations in 40 Thus, Executive Order 13175 does not Environmental protection, Air CFR are listed in 40 CFR part 9. When apply to this action. pollution control, Hazardous waste, Insurance, Packaging and containers, OMB approves this ICR, the Agency will H. Executive Order 13045: Protection of Reporting and recordkeeping announce that approval in the Federal Children From Environmental Health requirements, Security measures, Surety Register and publish a technical Risks and Safety Risks amendment in 40 CFR part 9 to display bonds. This action is not subject to Executive the OMB control number for the 40 CFR Part 265 approved information collection Order 13045 because it is not activities contained in this final rule. economically significant as defined in Environmental protection, Air Executive Order 12866, and because the pollution control, Hazardous waste, D. Regulatory Flexibility Act (RFA) EPA does not believe the environmental Insurance, Packaging and containers, I certify that this action will not have health or safety risks addressed by this Reporting and recordkeeping a significant economic impact on a action present a disproportionate risk to requirements, Security measures, Surety substantial number of small entities children. This action’s health and risk bonds, Water supply. under the RFA. In making this assessments are contained in the 40 CFR Part 268 determination, the impact of concern is Regulatory Impact Analysis found in the any significant adverse economic docket for this rule. Environmental protection, Hazardous impact on small entities. An agency may waste, Reporting and recordkeeping I. Executive Order 13211: Actions requirements. certify that a rule will not have a Concerning Regulations That significant economic impact on a Significantly Affect Energy Supply, 40 CFR Part 270 substantial number of small entities if Distribution or Use the rule relieves regulatory burden, has Environmental protection, no net burden or otherwise has a This action is not subject to Executive Administrative practice and procedure, positive economic effect on the small Order 13211, because it is not a Confidential business information, entities subject to the rule. As significant regulatory action under Hazardous materials transportation, documented in the Regulatory Impact Executive Order 12866. Hazardous waste, Reporting and Analysis found in the docket for this recordkeeping requirements, Water J. National Technology Transfer and pollution control, Water supply. final rule, EPA does not expect the rule Advancement Act (NTTAA) to result in an adverse impact to a 40 CFR Part 273 significant number of small entities, This rulemaking does not involve Environmental protection, Hazardous since the rule is expected to result in net technical standards. materials transportation, Hazardous cost savings for all entities affected by K. Executive Order 12898: Federal waste. the rule. We have therefore concluded Actions To Address Environmental Dated: November 15, 2019. that this action will either relieve Justice in Minority Populations and regulatory burden or have no net Low-Income Populations Andrew R. Wheeler, regulatory burden for all directly Administrator. regulated small entities. The EPA believes that this action does For the reasons set out in the not have disproportionately high and preamble, title 40, chapter I, of the Code E. Unfunded Mandates Reform Act adverse human health or environmental (UMRA) of Federal Regulations, parts 260, 261, effects on minority populations, low- 264, 265, 268, 270, and 273 are As documented in the Regulatory income populations and/or indigenous amended as follows: Impact Analysis found in the docket for peoples, as specified in Executive Order this rule, this action does not contain an 12898 (59 FR 7629, February 16, 1994). PART 260—HAZARDOUS WASTE unfunded mandate of $100 million or The documentation for this decision is MANAGEMENT SYSTEM: GENERAL more as described in UMRA, 2 U.S.C. contained in the Regulatory Impact 1531–1538, and does not significantly or Analysis found in the docket for this ■ 1. The authority citation for part 260 uniquely affect small governments. rule. continues to read as follows:

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Authority: 42 U.S.C. 6905, 6912(a), 6921– (d) Lamps as described in § 273.5 of Authority: 42 U.S.C. 6905, 6912(a), 6921, 6927, 6930, 6934, 6935, 6937, 6938, 6939, this chapter; and and 6924. 6939g, and 6974. (e) Aerosol cans as described in § 273.6 of this chapter. Subpart A—General Subpart B—Definitions PART 264—STANDARDS FOR ■ 10. Section 268.1 is amended by ■ 2. Section 260.10 is amended by: OWNERS AND OPERATORS OF revising paragraphs (f)(3) and (4) and ■ a. Adding the definition of ‘‘Aerosol HAZARDOUS WASTE TREATMENT, adding paragraph (f)(5) to read as can’’ in alphabetical order; follows: ■ b. Republishing the introductory text STORAGE, AND DISPOSAL for the definition ‘‘Universal waste’’ and FACILITIES § 268.1 Purpose, scope, and applicability. revising paragraphs (3) and (4) and ■ 5. The authority citation for part 264 * * * * * adding paragraph (5); and continues to read as follows: (f) * * * ■ c. In the definition of ‘‘Universal (3) Mercury-containing equipment as waste handler,’’ revising paragraph Authority: 42 U.S.C. 6905, 6912(a), 6924, described in § 273.4 of this chapter; (2)(i). 6925, and 6939g. (4) Lamps as described in § 273.5 of The additions and revisions read as Subpart A—General this chapter; and follows: (5) Aerosol cans as described in ■ § 273.6 of this chapter. § 260.10 Definitions. 6. Section 264.1 is amended by revising paragraphs (g)(11)(iii) and (iv) * * * * * and adding paragraph (g)(11)(v) to read PART 270—EPA ADMINISTERED Aerosol can means a non-refillable as follows: PERMIT PROGRAMS: THE receptacle containing a gas compressed, HAZARDOUS WASTE PERMIT liquefied, or dissolved under pressure, § 264.1 Purpose, scope and applicability. PROGRAM the sole purpose of which is to expel a * * * * * liquid, paste, or powder and fitted with (g) * * * ■ 11. The authority citation for part 270 a self-closing release device allowing (11) * * * continues to read as follows: the contents to be ejected by the gas. (iii) Mercury-containing equipment as Authority: 42 U.S.C. 6905, 6912, 6924, * * * * * described in § 273.4 of this chapter; 6925, 6927, 6939, and 6974. Universal waste means any of the (iv) Lamps as described in § 273.5 of following hazardous wastes that are this chapter; and Subpart A—General Information managed under the universal waste (v) Aerosol cans as described in ■ requirements of part 273 of this chapter: § 273.6 of this chapter. 12. Section 270.1 is amended by * * * * * revising the section heading and * * * * * paragraphs (c)(2)(viii)(C) and (D) and (3) Mercury-containing equipment as adding paragraph (c)(2)(viii)(E) to read described in § 273.4 of this chapter; PART 265—INTERIM STATUS as follows: (4) Lamps as described in § 273.5 of STANDARDS FOR OWNERS AND this chapter; and OPERATORS OF HAZARDOUS WASTE § 270.1 Purpose and scope of the (5) Aerosol cans as described in TREATMENT, STORAGE, AND regulations in this part. DISPOSAL FACILITIES § 273.6 of this chapter. * * * * * * * * * * ■ 7. The authority citation for part 265 (c) * * * Universal waste handler: continues to read as follows: (2) * * * * * * * * (viii) * * * (2) * * * Authority: 42 U.S.C. 6905, 6906, 6912, (C) Mercury-containing equipment as (i) A person who treats (except under 6922, 6923, 6924, 6925, 6935, 6936, 6937, described in § 273.4 of this chapter; and 6939g. the provisions of 40 CFR 273.13(a) or (D) Lamps as described in § 273.5 of (c), or 40 CFR 273.33(a) or (c)), disposes Subpart A—General this chapter; and of, or recycles (except under the (E) Aerosol cans as described in provisions of 40 CFR 273.13(e) or 40 ■ 8. Section 265.1 is amended by § 273.6 of this chapter. CFR 273.33(e)) universal waste; or revising paragraphs (c)(14)(iii) and (iv) * * * * * * * * * * and adding paragraph (c)(14)(v) to read as follows: PART 273—STANDARDS FOR PART 261—IDENTIFICATION AND UNIVERSAL WASTE MANAGEMENT LISTING OF HAZARDOUS WASTE § 265.1 Purpose, scope, and applicability. * * * * * ■ 13. The authority for part 273 ■ 3. The authority citation for part 261 (c) * * * continues to read as follows: continues to read as follows: (14) * * * Authority: 42 U.S.C. 6922, 6923, 6924, (iii) Mercury-containing equipment as Authority: 42 U.S.C. 6905, 6912(a), 6921, 6925, 6930, and 6937. 6922, 6924(y) and 6938. described in § 273.4 of this chapter; (iv) Lamps as described in § 273.5 of Subpart A—General Subpart A—General this chapter; and (v) Aerosol cans as described in ■ 14. Section 273.1 is amended by ■ 4. Section 261.9 is amended by § 273.6 of this chapter. revising paragraphs (a)(3) and (4) and revising paragraphs (c) and (d) and * * * * * adding paragraph (a)(5) to read as adding paragraph (e) to read as follows: follows: PART 268—LAND DISPOSAL § 261.9 Requirements for Universal Waste. RESTRICTIONS § 273.1 Scope. * * * * * (a) * * * (c) Mercury-containing equipment as ■ 9. The authority citation for part 268 (3) Mercury-containing equipment as described in § 273.4 of this chapter; continues to read as follows: described in § 273.4;

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(4) Lamps as described in § 273.5; and ■ i. Redesignating paragraphs (a), (b), subject to the universal waste (5) Aerosol cans as described in and (c) as paragraphs (1), (2), and (3), requirements of this part: § 273.6. respectively; * * * * * * * * * * ■ ii. In newly redesignated paragraphs (3) Mercury-containing equipment as ■ 15. Section 273.3 is amended by (1) and (2), removing the comma and described in § 273.4; revising paragraph (b)(2) to read as adding a semicolon in its place; and (4) Lamps as described in § 273.5; and follows: ■ iii. In newly redesignated paragraph (5) Aerosol cans as described in (3), removing ‘‘(a) or (b) of this section’’ § 273.6. § 273.3 Applicability—pesticides. and adding in its place ‘‘(1) or (2)’’ of * * * * * * * * * * this definition; Universal waste handler: (b) * * * ■ e. In the definition of ‘‘Universal * * * * * (2) Pesticides not meeting the Waste Handler’’: (2) * * * conditions set forth in paragraph (a) of ■ i. Removing ‘‘Waste Handler’’ and (i) A person who treats (except under this section. These pesticides must be adding ‘‘waste handler’’ in its place; the provisions of § 273.13(a) or (c), or managed in compliance with the ■ ii. Redesignating paragraphs (a) § 273.33(a) or (c)), disposes of, or hazardous waste regulations in 40 CFR introductory text, (a)(1) and (2), (b) recycles (except under the provisions of parts 260 through 272, except that introductory text, and (b)(1) and (2) as § 273.13(e) or § 273.33(e)) universal aerosol cans as defined in § 273.9 that paragraphs (1) introductory text, (1)(i) waste; or contain pesticides may be managed as and (ii), (2) introductory text, and (2)(i) * * * * * aerosol can universal waste under and (ii), respectively; and § 273.13(e) or § 273.33(e); ■ iii. Revising newly redesignated Subpart B—Standards for Small * * * * * paragraph (2)(i); Quantity Handlers of Universal Waste ■ 16. Section 273.6 is added to read as ■ f. In the definition of ‘‘Universal follows: Waste Transfer Facility,’’ removing ■ 18. Section 273.13 is amended by ‘‘Waste Transfer Facility’’ and adding revising paragraphs (c)(2)(iii) and (iv) § 273.6 Applicability—Aerosol cans. ‘‘waste transfer facility’’ in its place; and and adding paragraph (e) to read as (a) Aerosol cans covered under this ■ g. In the definition of ‘‘Universal follows: part. The requirements of this part Waste Transporter,’’ removing ‘‘Waste § 273.13 Waste management. apply to persons managing aerosol cans, Transporter’’ and adding ‘‘waste as described in § 273.9, except those transporter’’ in its place. * * * * * (c) * * * listed in paragraph (b) of this section. The revisions and additions read as (2) * * * (b) Aerosol cans not covered under follows: this part. The requirements of this part (iii) Ensures that a mercury clean-up do not apply to persons managing the § 273.9 Definitions. system is readily available to following types of aerosol cans: Aerosol can means a non-refillable immediately transfer any mercury (1) Aerosol cans that are not yet waste receptacle containing a gas compressed, resulting from spills or leaks from under part 261 of this chapter. liquefied, or dissolved under pressure, broken ampules from that containment Paragraph (c) of this section describes the sole purpose of which is to expel a device to a container that is subject to when an aerosol can becomes a waste; liquid, paste, or powder and fitted with all applicable requirements of 40 CFR (2) Aerosol cans that are not a self-closing release device allowing parts 260 through 272; hazardous waste. An aerosol can is a the contents to be ejected by the gas. (iv) Immediately transfers any hazardous waste if the aerosol can mercury resulting from spills or leaks * * * * * exhibits one or more of the from broken ampules from the Large quantity handler of universal characteristics identified in part 261, containment device to a container that waste means a universal waste handler subpart C, of this chapter or the aerosol is subject to all applicable requirements (as defined in this section) who can contains a substance that is listed in of 40 CFR parts 260 through 272; accumulates 5,000 kilograms or more part 261, subpart D, of this chapter; and * * * * * total of universal waste (batteries, (3) Aerosol cans that meet the (e) Aerosol cans. A small quantity pesticides, mercury-containing standard for empty containers under handler of universal waste must manage equipment, lamps, or aerosol cans, § 261.7 of this chapter. universal waste aerosol cans in a way calculated collectively) at any time. This (c) Generation of waste aerosol cans. that prevents releases of any universal designation as a large quantity handler (1) A used aerosol can becomes a waste waste or component of a universal waste of universal waste is retained through on the date it is discarded. to the environment, as follows: the end of the calendar year in which (2) An unused aerosol can becomes a (1) Universal waste aerosol cans must the 5,000-kilogram limit is met or waste on the date the handler decides to be accumulated in a container that is exceeded. discard it. structurally sound, compatible with the ■ 17. Section 273.9 is amended by: * * * * * contents of the aerosol cans, lacks ■ a. Adding the definition of ‘‘Aerosol Small quantity handler of universal evidence of leakage, spillage, or damage can’’ in alphabetical order; waste means a universal waste handler that could cause leakage under ■ b. Revising the definitions of ‘‘Large (as defined in this section) who does not reasonably foreseeable conditions, and Quantity Handler of Universal Waste’’ accumulate 5,000 kilograms or more of is protected from sources of heat. and ‘‘Small Quantity Handler of universal waste (batteries, pesticides, (2) Universal waste aerosol cans that Universal Waste’’; mercury-containing equipment, lamps, show evidence of leakage must be ■ c. Revising the introductory text and or aerosol cans, calculated collectively) packaged in a separate closed container paragraphs (3) and (4) and adding at any time. or overpacked with absorbents, or paragraph (5) to the definition of * * * * * immediately punctured and drained in ‘‘Universal Waste’’; Universal waste means any of the accordance with the requirements of ■ d. In the definition of ‘‘Pesticide’’: following hazardous wastes that are paragraph (e)(4) of this section.

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(3) A small quantity handler of ■ 19. Section 273.14 is amended by packaged in a separate closed container universal waste may conduct the adding paragraph (f) to read as follows: or overpacked with absorbents, or following activities as long as each immediately punctured and drained in individual aerosol can is not breached § 273.14 Labeling/marking. accordance with the requirements of and remains intact: * * * * * paragraph (e)(4) of this section. (i) Sorting aerosol cans by type; (f) Universal waste aerosol cans (i.e., (3) A large quantity handler of (ii) Mixing intact cans in one each aerosol can), or a container in universal waste may conduct the container; and which the aerosol cans are contained, following activities as long as each (iii) Removing actuators to reduce the must be labeled or marked clearly with individual aerosol can is not breached risk of accidental release; and any of the following phrases: ‘‘Universal and remains intact: (4) A small quantity handler of Waste—Aerosol Can(s),’’ ‘‘Waste (i) Sorting aerosol cans by type; universal waste who punctures and Aerosol Can(s),’’ or ‘‘Used Aerosol (ii) Mixing intact cans in one drains their aerosol cans must recycle Can(s)’’. container; and the empty punctured aerosol cans and (iii) Removing actuators to reduce the meet the following requirements while Subpart C—Standards for Large Quantity Handlers of Universal Waste risk of accidental release; and puncturing and draining universal (4) A large quantity handler of waste aerosol cans: ■ 20 Section 273.32 is amended by universal waste who punctures and (i) Conduct puncturing and draining revising paragraph (b)(4) to read as drains their aerosol cans must recycle activities using a device specifically follows: the empty punctured aerosol cans and designed to safely puncture aerosol cans meet the following requirements while and effectively contain the residual § 273.32 Notification. puncturing and draining universal contents and any emissions thereof. * * * * * waste aerosol cans: (ii) Establish and follow a written (b) * * * (i) Conduct puncturing and draining procedure detailing how to safely (4) A list of all the types of universal activities using a device specifically puncture and drain the universal waste waste managed by the handler (e.g., designed to safely puncture aerosol cans aerosol can (including proper assembly, batteries, pesticides, mercury-containing and effectively contain the residual operation and maintenance of the unit, equipment, lamps, and aerosol cans); contents and any emissions thereof. segregation of incompatible wastes, and and proper waste management practices to (ii) Establish and follow a written * * * * * procedure detailing how to safely prevent fires or releases); maintain a ■ 21. Section 273.33 is amended by puncture and drain the universal waste copy of the manufacturer’s specification revising paragraphs (c)(2)(iii) and (iv) and instruction on site; and ensure aerosol can (including proper assembly, and adding paragraph (e) to read as operation and maintenance of the unit, employees operating the device are follows: trained in the proper procedures. segregation of incompatible wastes, and (iii) Ensure that puncturing of the can § 273.33 Waste management. proper waste management practices to is done in a manner designed to prevent * * * * * prevent fires or releases); maintain a fires and to prevent the release of any (c) * * * copy of the manufacturer’s specification component of universal waste to the (2) * * * and instruction on site; and ensure environment. This manner includes, but (iii) Ensures that a mercury clean-up employees operating the device are is not limited to, locating the equipment system is readily available to trained in the proper procedures. on a solid, flat surface in a well- immediately transfer any mercury (iii) Ensure that puncturing of the can ventilated area. resulting from spills or leaks of broken is done in a manner designed to prevent (iv) Immediately transfer the contents ampules from that containment device fires and to prevent the release of any from the waste aerosol can or to a container that is subject to all component of universal waste to the puncturing device, if applicable, to a applicable requirements of 40 CFR parts environment. This includes, but is not container or tank that meets the 260 through 272; limited to, locating the equipment on a applicable requirements of 40 CFR (iv) Immediately transfers any solid, flat surface in a well ventilated 262.14, 262.15, 262.16, or 262.17. mercury resulting from spills or leaks area. (v) Conduct a hazardous waste from broken ampules from the (iv) Immediately transfer the contents determination on the contents of the containment device to a container is from the waste aerosol can or emptied aerosol can per 40 CFR 262.11. subject to all applicable requirements of puncturing device, if applicable, to a Any hazardous waste generated as a 40 CFR parts 260 through 272; container or tank that meets the result of puncturing and draining the * * * * * applicable requirements of 40 CFR aerosol can is subject to all applicable (e) Aerosol cans. A large quantity 262.14, 262.15, 262.16, or § 262.17. requirements of 40 CFR parts 260 handler of universal waste must manage (v) Conduct a hazardous waste through 272. The handler is considered universal waste aerosol cans in a way determination on the contents of the the generator of the hazardous waste that prevents releases of any universal emptied can per 40 CFR 262.11. Any and is subject to 40 CFR part 262. waste or component of a universal waste hazardous waste generated as a result of (vi) If the contents are determined to to the environment, as follows: puncturing and draining the aerosol can be nonhazardous, the handler may (1) Universal waste aerosol cans must is subject to all applicable requirements manage the waste in any way that is in be accumulated in a container that is of 40 CFR parts 260 through 272. The compliance with applicable Federal, structurally sound, compatible with the handler is considered the generator of state, or local solid waste regulations. contents of the aerosol cans, lacks the hazardous waste and is subject to 40 (vii) A written procedure must be in evidence of leakage, spillage, or damage CFR part 262. place in the event of a spill or leak and that could cause leakage under (vi) If the contents are determined to a spill clean-up kit must be provided. reasonably foreseeable conditions, and be nonhazardous, the handler may All spills or leaks of the contents of the is protected from sources of heat. manage the waste in any way that is in aerosol cans must be cleaned up (2) Universal waste aerosol cans that compliance with applicable Federal, promptly. show evidence of leakage must be state, or local solid waste regulations.

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(vii) A written procedure must be in https://docs.fcc.gov/public/ greater flexibility is warranted than was place in the event of a spill or release attachments/FCC–19–104A1.pdf offered under the Bureaus’ original and a spill clean-up kit must be methodology—the Commission adjusts I. Introduction provided. All spills or leaks of the its rules accordingly. Finally, the contents of the aerosol cans must be 1. The Commission has long Commission clarifies the Bureaus’ cleaned up promptly. recognized that ‘‘[a]ll Americans approach where doing so will help ■ 22. Section 273.34 is amended by [should] have access to broadband that resolve stakeholder confusion. adding paragraph (f) to read as follows: is capable of enabling the kinds of key applications that drive the II. Discussion § 273.34 Labeling/marking. Commission’s efforts to achieve 4. In the Order on Reconsideration, * * * * * universal broadband, including the Commission reexamines each of the (f) Universal waste aerosol cans (i.e., education (e.g., distance/online described performance measure each aerosol can), or a container in learning), health care (e.g., remote requirements in this document. As a which the aerosol cans are contained, health monitoring), and person-to- result, the Commission adopts several must be labeled or marked clearly with person communications (e.g., Voice over modifications. The Commission believes any of the following phrases: ‘‘Universal internet Protocol (VoIP) or online video these changes will alleviate concerns Waste—Aerosol Can(s)’’, ‘‘Waste chat with loved ones serving overseas).’’ expressed by carriers by increasing the Aerosol Can(s)’’, or ‘‘Used Aerosol To that end, the Commission has time for carriers to meet certain Can(s)’’. invested significant Universal Service deadlines and further minimizing the [FR Doc. 2019–25674 Filed 12–6–19; 8:45 am] Fund support for the deployment of costs associated with compliance, yet broadband-capable networks in high still ensure that carriers meet their BILLING CODE 6560–50–P cost, rural areas. performance obligations. In short, the 2. But only fast and responsive refinements to the Bureau’s approach networks will allow Americans to fully adopted in the Performance Measures FEDERAL COMMUNICATIONS realize the benefits of connectivity. That Order will further the overarching goal COMMISSION is why the Commission requires of the Performance Measures Order; 47 CFR Part 54 recipients of universal service support namely, to ensure that carriers deliver in high cost areas to deploy broadband broadband services with the speed and [WC Docket No. 10–90; FCC 19–104] networks capable of meeting minimum latency required while providing service standards. These standards flexibility to enable carriers of all sizes Connect America Fund protect taxpayers’ investment and to choose how to conduct the required AGENCY: Federal Communications ensure that carriers receiving this performance testing in the manner most Commission. support deploy networks that meet the appropriate for each individual carrier. performance standards they promised to 5. Under the Performance Measures ACTION: Final rule. deliver to rural consumers. At the same Order, all high-cost support recipients SUMMARY: In this document, the Federal time, the Commission recognizes that serving fixed locations must perform Communications Commission each carrier faces unique circumstances, speed and latency tests from the (Commission) reviews performance and that one set of prescriptive rules customer premises of an active measures established by the Wireline may not make sense for every one of subscriber to a remote test server located Competition Bureau (WCB), the them. To accommodate this practical at or reached by passing through an Wireless Telecommunications Bureau, reality, the Commission’s rules provide FCC-designated internet Exchange Point and the Office of Engineering and flexibility, taking into account the (IXP). In the USF/ICC Transformation Technology (collectively the Bureaus) operational, technical, and size Order, 76 FR 73830, November 29, 2011, for recipients of Connect America Fund differences among providers when the Commission decided that speed and (CAF) high-cost universal service establishing minimum standards, to latency should be measured on each support to ensure that those standards ensure that even the smallest rural eligible telecommunications carriers strike the right balance between carriers can meet testing requirements (ETCs) access network from the end- ensuring effective use of universal without facing excessive burdens. user interface to the nearest internet 3. In the Order on Reconsideration, service funds while granting the access point, i.e., the internet gateway, the Commission reviews performance flexibility providers need given the which is the closest peering point measures established by the Bureaus for practicalities of network deployment in between the broadband provider and the recipients of CAF high-cost universal varied circumstances. public internet for a given consumer service support to ensure that those connection. Subsequently, in the CAF DATES: Effective January 8, 2020. standards strike the right balance Phase II Price Cap Service Obligation FOR FURTHER INFORMATION CONTACT: between ensuring effective use of Order, 78 FR 70881, November 27, 2013, Suzanne Yelen, Wireline Competition universal service funds while granting WCB stated that latency should be Bureau, (202) 418–7400 or TTY: (202) the flexibility providers need given the tested to an IXP, defined as occurring in 418–0484. practicalities of network deployment in any of ten different U.S. locations, SUPPLEMENTARY INFORMATION: This is a varied circumstances. Several petitions almost all of which are locations used summary of the Commission’s Order on for reconsideration and applications for in the MBA program because they are Reconsideration in WC Docket No. 10– review of the Performance Measures geographically distributed major peering 90; FCC 19–104, adopted on October 25, Order, 83 FR 42052, August 20, 2018, locations. The Bureaus expanded the 2019 and released on October 31, 2019. propose changes to these performance list to permit testing to six additional The full text of this document is measures. Here, the Commission rejects metropolitan areas to ensure that most available for public inspection during the proposed changes where it finds that mainland U.S. locations are within 300 regular business hours in the FCC the Bureaus’ approach strikes the right miles of an FCC-designated IXP and that Reference Center, Room CY–A257, 445 balance. Where the Commission finds all are within approximately 500 air 12th Street SW, Washington, DC 20554 that the Bureaus’ approach does not— miles of one. Further, the Bureaus or at the following internet address: for example, where it concludes that permitted providers to use any FCC-

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designated IXP for testing purposes, cost compliance and customer-to-IXP Thus, the Commission clarifies that rather than limiting testing to the testing to respond to customer testing should be conducted from the provider’s nearest IXP. Providers complaints, with unresolved network- customer side of any network serving non-contiguous areas greater only problems being subject to non- equipment that is being used. than 500 air miles from an FCC- compliance support reductions. Finally, 10. Definition of FCC-designated designated IXP were also permitted to Vantage Point seeks clarity on the internet Exchange Point. Given the conduct testing between the customer initiation point for performance testing Commission’s commitment to testing premises and the point at which traffic within the customer premises, and the performance of connections between is aggregated for transport to the contends that the endpoint for testing consumers and FCC-designated IXPs, it continental U.S. should be at or reached by passing also takes this opportunity to clarify 6. The Commission agrees with the through a carrier’s next tier ISP. which facilities qualify as FCC- Bureaus that the speed and latency of 8. The Commission disagrees with designated IXPs for purposes of networks of carriers receiving support petitioners that testing to an FCC- performance testing. through the various high-cost support designated IXP, rather than the edge of 11. USTelecom, ITTA, and WISPA mechanisms should be tested between a carrier’s network, makes a carrier request clarification that ETCs are the customer premise of an active responsible for network elements it does permitted to use ‘‘the nearest internet subscriber and an FCC-designated IXP. not control, and the Commission rejects access point,’’ as specified in the USF/ This approach is consistent with the testing only on a carrier’s own network ICC Transformation Order, which may Commission’s determination in the as inadequate. As the Bureaus not necessarily be a location specified in USF/ICC Transformation Order that explained, carriers—even smaller the Performance Measures Order. They ‘‘actual speed and latency [must] be ones—do have some influence and also seek clarification that ETCs may measured on each ETCs access network control over the type and quality of test to servers that are within the from the end-user interface to the internet transport they purchase. The provider’s own network (i.e., on-net nearest internet access point.’’ Commission expects a carrier to servers). In subsequent filings, the Measuring the performance of a purchase transport of a sufficient quality petitioners suggest that there should be consumer’s connection to an IXP better that enables it to provide the requisite a criteria-based approach to defining the reflects the performance that a carrier’s level of service expected by consumers testing endpoint. Specifically, they customers experience. As the and required by the Commission’s rules. propose that testing occur ‘‘from the Commission observed when it first However, in the event a carrier fails to end-user interface to the first public adopted performance measures for CAF meet its performance obligations internet gateway in the path of the CAF- Phase II model-based support recipients, because the only transport available supported customer that connects ‘‘[t]esting . . . on only a portion of the would demonstrably degrade the through a transitive internet network connecting a consumer to the measured performance of the carrier’s Autonomous System,’’ (ASN) and ‘‘that internet core will not show whether that network, the carrier can seek a waiver the Commission establish a safe harbor customer is able to enjoy high-quality of the performance measures where the transitive internet AS which real-time applications because it is requirements. The Commission is the gateway hosts includes one or more network performance from the similarly unpersuaded by WTA’s two- router(s) that advertise(s) [ASN] customer’s location to the destination tiered testing proposal. Adopting WTA’s organizations that are listed on the that determines the quality of the proposal to conduct its required tests Center for Applied internet Data service from the customer’s over only half of the full testing span Analysis (CAIDA) ‘AS Organization perspective.’’ would only provide the Commission Rank List.’ ’’ The petitioners propose 7. The Commission therefore with insight into the customer that testing occurring through a ‘‘safe disagrees with those commenters experience on half of the network harbor’’ ASN ‘‘would be considered arguing that it should require testing between the customer and the IXP. valid without further inquiry.’’ over a shorter span. For example, NTCA Given that the Commission’s aim is to 12. The Commission concludes that seeks modification of the testing ensure that customers are able to enjoy the Performance Measures Order’s requirements to account for high-quality real-time applications, it designation of certain metropolitan performance only on ‘‘portions of the declines to adopt WTA’s proposed areas as qualifying IXPs is too network owned by the USF recipient approach. ambiguous. It is not clear where the and the next-tier ISP from which that 9. Finally, the Commission provides boundaries of a designated IXP USF recipient procures capacity additional clarity on both the initiation metropolitan area begin and end. Thus, directly.’’ NTCA argues that requiring point and endpoint for testing. As the drawing on the petitioners’ proposal, testing to an FCC-designated IXP Commission has noted in this the Commission now provides a revised imposes liability on a carrier for document, one of the chief purposes for definition of FCC-designated IXP that is conditions beyond its control and implementing performance more specific and better designed to violates the Act by applying obligations requirements is to ensure that customers account for the way internet traffic is to parts of the network that are not are receiving the expected levels of routed. For testing purposes, the supported by USF funding. service that carriers have committed to Commission defines an FCC-designated Alternatively, NTCA requests that the providing. Testing from any place other IXP as any building, facility, or location Commission provide a ‘‘safe harbor’’ to than the customer side of any carrier housing a public internet gateway that protect a carrier from off-network issues network equipment used in providing a has an active interface to a qualifying that affect its test measurements. WTA customer’s connection may skew the ASN. Such a building, facility, or similarly contends that testing to an testing results and not provide an location could be either within the FCC-designated IXP makes carriers accurate reflection of the customer’s provider’s own network or outside of it. responsible for portions of the broadband experience. As Vantage Point The Commission uses the term connection over which they have no notes, testing in this manner would ‘‘qualifying ASN’’ to ensure that the control. WTA instead proposes a two- make it ‘‘difficult to ensure that the test ASN can properly be considered a tiered framework consisting of a was being performed on the network connection to the public internet. The network-only test for purposes of high- path actually used by the customer.’’ Commission notes that in the USF/ICC

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Transformation Order, it finds that the mandating testing during evening hours adjust schedules to ensure staffing internet gateway is the ‘‘peering point and weekends requires rural carriers to during evenings and weekends. between the broadband provider and the adjust their regular daytime schedule, Additionally, the Commission notes that public internet’’ and that public internet creating staffing and financial hardships the Bureaus expanded the testing period content is ‘‘hosted by multiple service and potentially preventing them from from 7 p.m. to 11 p.m. to 6 p.m. to 12 providers, content providers and other responding to other customer service a.m. based on several comments from entities in a geographically diverse issues. ITTA supports this point, noting parties that requested a longer testing (worldwide) manner.’’ The criteria the that ‘‘evening and weekend test hours period. Adding one additional hour on Commission uses to determine FCC- require RLECs to re-schedule one or both the front and back end of the designated IXPs are designed to ensure more technicians from their regular testing period allows a carrier’s testing that the peering point is sufficiently daytime maintenance and installation to capture the ramp up and ramp down robust such that it can be considered a duties and pay them premium or periods before and after peak time, connection to the public internet and overtime wages.’’ ITTA also challenges providing a more accurate picture of not simply another intervening the expansion of the daily test period whether customers are receiving the connection point. The Commission from 7 p.m. to 11 p.m. to 6 p.m. to 12 required level of service. The designates 44 major North American a.m., and requests flexibility as to the Commission also reminds parties that ASNs using CAIDA’s ranking of specific hours that testing may be the Bureaus committed to revisiting Autonomous Systems and other conducted. periodically the daily testing window to publicly available resources as ‘‘safe 15. The Commission declines to ensure that the established hours harbors.’’ The Commission directs the revisit the daily testing period at this continue to reflect the usage habits of Bureaus to update this list of ASNs time. WTA provides no data to support consumers. periodically using the CAIDA ranking of its claim that rural consumers are more 17. The Bureaus required a specified ASNs, PeeringDB, and other publicly active users of broadband service during number of speed tests during each available resources. Providers may test daytime hours than urban consumers. testing window. In particular, the to a test server located at or reached by Moreover, the Commission’s review of Performance Measures Order required a passing through any building, facility, MBA data from more rural areas minimum of one download test and one or location housing a public internet indicates that these areas have similar upload test per testing hour at each gateway that has an active interface to peak periods to urban areas. As the subscriber test location. Providers were one of these qualifying ASNs or may Commission has stated many times, a required to start separate download and petition the Bureaus to add additional primary goal for universal service is to upload speed tests at the beginning of ASNs to the list. The Bureaus will ensure that customers in rural areas each test hour window, and, after determine whether any ASN included receive the same level of service as deferring a test due to cross-talk (e.g., in a carrier petition is sufficiently those in urban areas. By establishing the traffic to and from the consumer’s similar to qualifying ASNs that it should same testing window for urban and location that could impact performance be added to the list of qualifying ASNs. rural areas, the Commission can confirm testing), providers were required to 13. The Bureaus also established a that consumers in rural areas are not reevaluate whether the consumer load daily testing period for speed and receiving substandard service as exceeds the cross-talk threshold every latency tests, requiring carriers to compared to consumers in urban areas minute until the speed test can be run conduct tests between 6:00 p.m. and during the same time periods. or the one-hour test window ends. 12:00 a.m. local time, including Additionally, WTA’s concern that 18. In their Petition for weekends. The testing window the testing during the peak period may Reconsideration, USTelecom, ITTA, and Bureaus adopted reflects a slight degrade a consumer’s broadband WISPA request clarification that expansion of the testing window used experience is unfounded. As the recipients are afforded flexibility in for the MBA. The Bureaus reasoned that Commission previously observed, the commencing hourly tests. They argue MBA data indicated a peak period of small amount of data required for speed that ‘‘[i]t is not clear from the internet usage every evening but noted testing will have no noticeable effect on Performance Measures Order ... that they would revisit this requirement network congestion. The Commission whether ‘the beginning’ of a test hour periodically ‘‘to determine whether reminds carriers that it provides them window requires a recipient to peak internet usage times have changed the flexibility to choose whether to commence testing at the top of the hour, substantially.’’ stagger their tests over the course of the or whether testing must commence for 14. Petitioners and commenters urge testing period, so long as they do not all test subscribers at exactly the same the Commission to reconsider the daily violate any other testing requirements. time.’’ The petitioners state that carriers test period requirement to account for 16. The Commission also disagrees should only be required to complete the the usage patterns of rural consumers, as with WTA and ITTA that the current test within the hour, and they should be well as the conditions and daily testing period will require rural able to retry tests as frequently as their characteristics of rural areas. WTA notes carriers to devote additional personnel systems allow until a successful test is that the MBA data cited by the Bureaus hours to implement the Commission’s administered, rather than retrying likely reflect the usage patterns of urban performance testing requirements. Once deferred tests every minute. Noting that consumers, rather than consumers in the testing regime is implemented and ‘‘there should be no practical difference rural areas that ‘‘are typically making carriers have installed the necessary as to whether testing occurs at the top, personal and business use of their technology and software to test the middle, or closer to [the] end of a testing household internet connections speed and latency of their networks on window,’’ NTCA, NRECA, and UTC throughout the day.’’ WTA contends a routine basis, the Commission does support the petitioners’ request that that there is likely to be increased not anticipate that extensive staffing ‘‘the Commission reconsider the congestion on rural networks during the will be required to monitor the testing discrete and specific times at which time period adopted by the Bureaus, process. Because the technological testing is to be conducted within each potentially resulting in an inaccurate or testing options that the Commission has hour.’’ Vantage Point likewise proposes unrepresentative testing of the carrier’s allowed carriers to use are all relatively that the Commission permit carriers to service. WTA also argues that automated, carriers should not have to distribute speed tests within testing

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hours in a way that minimizes network failed to provide adequate notice for the regime adopted by the Bureaus, which impact; otherwise, Vantage Point frequency of latency testing and did not is a less burdensome variation of the asserts, requiring all speed testing to justify departing from the MBA practice MBA testing, was a potential option. start at the beginning of each hour of combining speed and latency testing Any argument to the contrary is would significantly burden test servers under a unified framework. These unfounded. such that test results would not be parties further argue that requiring 25. Complaints that the frequency of representative of customers’ normal latency testing once per minute will be latency testing will affect network experience. administratively burdensome for performance also are speculative. The 19. The Commission clarifies that carriers by preventing them from latency testing frequency framework providers do not have to begin speed combining the instructions for testing ultimately adopted by the Bureaus is tests at the beginning of each test hour, into a single process and potentially substantially less extensive than the as petitioners suggest. In particular, the overloading and disrupting some testing MBA program testing. For example, Commission agrees with Vantage Point methods. Instead, USTelecom, ITTA, MBA testing sends approximately 2,000 that providing greater flexibility in this and WISPA propose that the number of User Datagram Protocol (UDP) packets regard will further minimize the impact latency tests should be reduced to per hour, and these 2,000 individual of any potential burden on the test match the frequency of speed testing. results are summarized as a single servers during speed testing. However, Midcontinent also supports aligning the reporting record that reflects all 2,000 to ensure that there is enough data on frequency of speed and latency testing tests. To be clear, MBA requires latency carriers’ speed performance, providers requirements. to be tested 2,000 times per hour, with must still conduct and report at least 22. AT&T contends that testing once results summarized into one record. one download test and one upload per minute ‘‘is unnecessary and Conversely, the Bureaus adopted testing speed test per testing hour at each arbitrary and capricious’’ and likewise of 60 UDP packets per hour that consists subscriber test location, with one argues that the Commission should of approximately 3% of the typical MBA exception. A carrier that begins permit carriers to test latency only once load. The more intensive MBA test attempting speed tests within the first per hour. AT&T supports its proposal by frequency has not been found to pose fifteen minutes of a testing hour, and providing internal data purporting to any technical or other difficulties, so repeatedly retries and defers the test at demonstrate no material difference there is no reason to believe that the one-minute intervals due to consumer between testing latency once per minute vastly lower frequency of latency testing load meeting the adopted cross-talk versus testing once per hour. As a result, adopted by the Bureaus will cause thresholds (i.e., 64 Kbps for download AT&T proposes that the Commission concerns. Requiring 60 UDP packets per tests or 32 Kbps for upload tests), may require a minimum of one latency test hour rather than 2,000 balances the report that no test was successfully per hour, but provide flexibility to allow need for sufficient testing while completed during the test hour because carriers to test more frequently if they minimizing the burden of testing on of cross-talk. A provider that does not desire. ITTA concurs with AT&T’s carriers. attempt a speed test within the first 15 proposed approach. 26. The Commission also agrees with minutes of the hour and/or chooses to 23. Conversely, NTCA, NRECA, and the Bureaus that the disparity in testing retry tests in greater than one-minute UTC support the latency testing frequency between speed and latency intervals must, however, conduct and framework adopted by the Bureaus. reflects the different type of testing report a successful speed test for the These parties observe that aligning the necessary to determine whether carriers testing hour regardless of cross-talk. frequency of speed and latency tests are meeting the required benchmarks. Although this approach continues to would ‘‘risk undermining the The purpose of speed testing is to differ slightly from MBA practice, the Commission’s statutory mandate to determine if the network is properly Commission believes that it minimizes ensure reasonably comparable services provisioned to furnish the required the possibility of network congestion at in rural and urban areas’’ because speed speed and whether the network the beginning of the testing hour while does not require as frequent testing as provides sufficient throughput to handle ensuring that it will have access to latency in order to demonstrate uploads and downloads at particular sufficient testing data. compliance. In response, USTelecom, speeds and times. Because of the burden 20. The Performance Measures Order ITTA, and WISPA again argue that the that such testing puts on a carrier’s established specific test intervals within Bureaus failed to adequately address the network, the Bureaus adopted the the daily test period for latency testing, Administrative Procedure Act’s notice minimum number of tests necessary to requiring carriers to conduct ‘‘a obligations or present any legal or ensure that consumers are receiving minimum of one discrete test per factual basis for requiring substantially broadband service at required speed minute, i.e., 60 tests per hour, for each more latency tests than speed tests. levels. On the other hand, latency of the testing hours, at each subscriber 24. The Commission declines to testing indicates whether there is test location, with the results of each revise the determination of the Bureaus sufficient capacity in the network to discrete test recorded separately.’’ that carriers must conduct latency handle the level of traffic, which is of Recognizing that cross-talk could testing once per minute. Regarding particular importance when the network negatively affect the test results, the parties’ procedural arguments, the is experiencing high traffic load. In this Bureaus provided flexibility for carriers Commission notes that, in the two respect, latency is similar to a pulse rate to postpone a latency test in the event Public Notices seeking comment on the and can vary substantially as a result of that the consumer load exceeded 64 performance measures, the Bureaus several factors. Even if all these factors Kbps downstream and to reevaluate the specifically explained that adopting the are unknown, frequently monitoring consumer load before attempting the Measuring Broadband America (MBA) latency determines the ability of the next test. testing was under consideration. Indeed, network to handle various 21. Several parties express concern many of the performance testing circumstances and factors that are with these requirements and request requirements were derived from or affecting it. As NTCA, NRECA, and UTC reconsideration of the latency testing influenced by the Commission’s explain: framework. USTelecom, ITTA, and experience with MBA testing. As such, [T]here is logic in a protocol that tests for WISPA jointly contend that the Bureaus parties had ample notice that the testing latency more frequently than speed. The

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impact of latency is measured in and with latency. Commission staff depending upon the traffic on the discernible by milliseconds: the frequency of compared the conclusions that AT&T— network at any given time and does not testing aims to illuminate whether variables and supported by ITTA—drew from its vary in the same way for each carrier or that perforate performance are present. In data to what the much larger MBA data even within each day for each carrier. contrast, speed contemplates a steadier aspect of the network facility, and therefore demonstrate. This analysis indicates Because of the countless number of does not require as frequent testing to that the risk of false positives and false distributions observed among carriers demonstrate compliance. Therefore, in as negatives (i.e., sample test results reflected by the MBA data, the much as latency-sensitive services and indicate that a carrier fails, when given Commission concludes that a smaller applications (including but not limited to overall network performance, it should number of observations would not yield voice) are affected by millisecond variables, have passed, or that a carrier passes, reliable testing results. Thus, more NTCA, NRECA and UTC urge the when given overall network testing provides the Commission with Commission to maintain its rigorous performance, it should have failed) greater ability to detect bad performance standards for latency testing. varies significantly based on the number in cases where a carrier’s latency is And, in any event, conducting more of measurements per hour. Because the consistently high. In other words, since tests for latency is to the carrier’s Commission’s performance standard for the likelihood of failing or passing the benefit, because of the variability of latency requires 95% of the latency Commission’s latency standard latency and resulting greater likelihood measurements to be less than or equal depends, to some degree, on random that outlier failures will not affect the to 100 ms, a carrier would fail the noise, the more measurements taken by overall rate. standard if more than 5% of its latency a carrier, the less likely that random 27. The Commission appreciates measurements are greater than 100 ms. factors would cause it to fail the AT&T’s willingness to share its internal In general, staff’s analysis found that a standard. data and analysis. However, AT&T’s greater number of measurements 30. The figure in the following data reflect only the capabilities of its reduces the impact of data outliers and demonstrates staff’s analysis of the own network and consisted of a very makes false positives and false negatives estimated probability of failure and small sample set—18 customers for one less likely. For example, a single 200 ms associated risk of false positive or false peak period in one instance and data outlier among a sample of 10 negative results with different numbers ‘‘almost’’ 100 subscribers for one peak latency measurements that otherwise of measurements from a range of latency period in the other. The Commission are all under 100 ms would result in the distributions observed in the MBA data. also notes that even AT&T’s data carrier’s failing to meet the 95% Each box (bar) represents the estimated demonstrated a substantial variation threshold (i.e., only 9 out of 10 or 90% probability of failure for a given latency between testing once per hour and once of the measurements would be at or distribution. The difference in the per minute. For example, in its testing, under 100 ms). However, a single data probability of failure between N number AT&T found that per minute latency outlier of 200 ms in a sample of 100 of measurements and N=2000 is the testing of customers served by varying latency measurements would not, in the estimated risk of a false positive (the test technologies showed that 1.17% of tests absence of at least five other result indicates that a carrier fails when were higher than 100 ms but once per measurements exceeding 100 ms, cause it should have passed) and a false hour testing showed that 3.04% of tests the carrier to fail (i.e., 99 out of 100 or negative (the test result indicates that a showed a latency of higher than 100 ms. 99% of the measurements would be at carrier passes when it should have A difference of 2% when the latency or under 100 ms). failed). As demonstrated, there is a standard is 5% is substantial. 29. Additionally, staff analysis of MBA much higher risk of a false positive or 28. Analysis undertaken by data indicated that the distribution of false negative under AT&T’s proposed Commission staff confirms the latency among carriers varies widely once per hour latency measurement as importance of more frequent testing to even within the same minute. This compared to a moderate risk from 60 account for the variability associated means that latency varies significantly measurements per hour.

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Thus, staff’s analysis shows that, by the Bureaus in the Performance per service tier with customers.’’ NTCA given the high variability of latency, one Measures Order and does not require argues that testing 10% of subscribers of two things would occur if the constant starting and stopping of the may be excessive; instead, NTCA Commission required only one latency testing software. In sum, carriers proposes that carriers should test the measurement per hour: either a few have the flexibility to choose how to lesser of 50 locations per state or 5% of extreme measurements would cause a conduct their latency testing, so long as active subscribers. Further, NTCA carrier to fail the standard when, in fact, one separate, discrete observation or argues that carriers should not be it should pass given its overall measurement is recorded each minute of required to upgrade the speed or performance, or the Commission would the specific test-hour. customer premises equipment for be unable to capture consistent poor 32. The Bureaus required that carriers individual locations even temporarily to performance by a carrier that should fail test a maximum of 50 subscriber conduct speed tests. WTA suggests that, based on the overall performance of its locations per required service tier at least for rural carriers, the number of network. As a result, a moderate-risk offering per state, depending on the test locations should be much lower approach of 60 measurements per hour number of subscribers a carrier has in a than adopted in the Performance strikes a balance between the burden of state, randomly selected every two Measures Order. Smaller carriers must testing on carriers and the risk of failure years. The Performance Measures Order test larger percentages of their by carriers caused by uncertainty. included scaled requirements customers compared to larger carriers; 31. Finally, the Commission notes permitting smaller carriers (i.e., carriers accordingly, WTA argues, the with fewer than 500 subscribers in a that some parties may misunderstand Commission should permit testing of state and particular service tier) to test what exactly constitutes a latency test just 10–15 locations or 2–3% of 10% of the total subscribers in the state for purposes of the performance subscribers in each CAF-required and service tier, except for the smallest measures. Specifically, USTelecom service tier. carriers (i.e., carriers with 50 or fewer 34. NTCA, as well as USTelecom, states that, ‘‘[t]esting every minute may subscribers), which must test five ITTA, and WISPA, also ask that the also overload some testing methods and subscriber locations. The Bureaus also Commission clarify that carriers may cause testing to be disrupted,’’ implying recognized that, in certain situations, a use the same locations for testing both that a carrier must start and stop a carrier serving 50 or fewer subscribers speed and latency. USTelecom, ITTA, latency test every minute within a test- in a state and service tier may not be and WISPA explain that, if carriers must hour. While the Commission does not able to test even five active subscribers; conduct speed and latency testing at believe this interpretation is consistent the Bureaus permitted such carriers to different locations, the number of with the intent of the Performance test a random sample of existing, non- subscribers that must be tested would be Measures Order, it provides greater CAF-supported active subscriber unnecessarily doubled, which ‘‘would clarity here on what is considered a locations within the same state and be particularly troublesome for smaller sufficient latency test to assuage service tier to satisfy the testing recipients, many of whom will be concerns about the number of latency requirement. In situations where a drawing test locations from a small tests per hour. As the Bureaus described subscriber at a test location stops group of subscribers.’’ Similarly, the in the Performance Measures Order, a subscribing to the service provider petitioners explain, the requirement ‘‘test’’ constitutes a ‘‘single, discrete within 12 months after the location was regarding the number of test locations observation or measurement of speed or selected, the Bureaus required that the should be clarified to be exactly the latency.’’ While carriers may choose to carrier test another randomly selected same for both speed and latency. These continuously start and stop latency active subscriber location. Finally, the clarification proposals drew broad testing every minute and record the Bureaus explained that carriers may use support from commenters. For example, specific result, the Commission clarifies inducements to encourage subscribers to comments submitted jointly by NTCA, that there is no requirement to conduct participate in testing, which may be NRECA, and UTC assert that the latency testing in this manner. Instead, particularly useful in cases where clarifications would help providers carriers may continuously run the support is tied to a particular ‘‘avoid unnecessary costs and excessive latency testing software over the course performance level for the network, but administrative burden,’’ while of a test-hour and record an observation the provider does not have enough Midcontinent Communications notes or measurement every minute of that subscribers to higher performance that using ‘‘the same panelists for speed test-hour. If a carrier transmits one service tiers to test to comply with the and latency testing for CAF purposes packet at a time for a one-minute testing sample sizes. would align with [its] internal testing measurement, the carrier should report 33. Petitioners and applicants raise practices.’’ the result of that packet as one various concerns regarding the required 35. A few parties offer suggestions observation. However, some number of subscriber test locations. regarding the parameters for the random applications, such as ping, commonly Micronesian Telecommunications selection process. In particular, WTA send three packets and only report Corporation (MTC), for example, argues asks that locations should be tested for summarized results for the minimum, that it and similar carriers that may have five years, instead of two years, before mean, and maximum packet round trip fewer than 50 subscribers in a particular a new random sample of test locations time and not individual packet round state and speed service tier will be is chosen. WTA also proposes that twice trip time. If this is the case, the carrier unable to comply with the test locations the required random number of testing should report the mean as the result of requirement. MTC claims that it will be locations be provided to carriers so that this observation. If the carrier sends difficult to find even five customers to carriers can replace locations where more than one packet and the testing test, particularly in higher service tiers. residents refuse to participate or have application allows for individual round Asking that the Commission ‘‘provide a incompatible CPE. Frontier, in an ex trip time results to be reported for each safety valve’’ for similar small carriers, parte filing, proposes that carriers be packet, then the carrier must report all MTC proposes that such a provider allowed to test only new customer individual measurements for each should ‘‘test no more than 10 percent of locations; it argues that installing the packet. Such an approach plainly fits its customers in any given service tier, necessary testing equipment at older within the definition of ‘‘test’’ adopted with a minimum of one test customer locations requires more time than is

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available with the adopted testing testing which requires placement of other high-cost support with schedule. testing equipment on customer premises deployment obligations, must test a total 36. The Commission declines to may prove difficult. The Commission of 50 locations in that state for the 10/ modify the adopted sample sizes for believes that its revised testing 1 Mbps service tier.’’ But because CAF testing speed and latency. To minimize implementation schedule (discussed in Phase II and RBE have different the burdens of testing, the Bureaus have the following) will help alleviate this implementation dates for testing, the used a ‘‘trip-wire’’ approach in concern, particularly for smaller carrier in this example must test 50 determining the required sample sizes. carriers. Numerous vendors are locations for its CAF Phase II obligations In other words, the adopted sample developing software solutions that will and 50 locations for its RBE obligations. sizes produce estimates with a high allow providers to test the service at Similarly, because the Commission now margin of error but can show where customer locations without requiring requires carriers to use the same sample further inquiry may be helpful; the any additional hardware at the for both speed and latency, it Commission’s target estimation customer’s premises. Further, the reconsiders the requirement that carriers precision is a 90% confidence level Commission directs WCB to publish replace latency testing locations that are with an 11.5% margin of error. For the information on the Commission’s no longer actively subscribed after 12 largest carriers, i.e., those with over 500 website explaining the nature and months with another actively subscribers in a given state and speed purpose of the required testing—to subscribed location. The Bureaus did service tier, this requires a sample size ensure that carriers are living up to the not make clear if this provision applied of 50 subscriber locations. For the obligations associated with CAF to both speed and latency test locations. smallest carriers, the Bureaus adopted support—and urging the public’s To avoid confusion, the Commission small sample sizes that result in less participation. The Commission expects clarifies that the same replacement precision, with the margin of error that providing such information in an requirements should apply to both reaching 34.9%, to reduce the testing easy-to-understand format will help speed and latency. Therefore, the burden on smaller providers. Reducing alleviate subscribers’ potential concerns. Commission now requires that carriers the sample sizes for smaller carriers Moreover, the Commission emphasizes replace non-actively subscribed even more would further reduce the that no customer proprietary network locations with another actively resulting estimation precision—making information is involved in the required subscribed location by the next calendar the test data even less likely to be testing or reporting, other than quarter testing. Although the representative of the actual speed and information for which the carrier likely Commission does not believe it is latency consumers experience on CAF- would already have obtained customer necessary for carriers to obtain a random supported networks. The Commission consent; carriers routinely perform list of twice the number of required therefore does not modify the required network testing of speed and latency testing locations at the outset, carriers numbers of subscriber locations carriers and the performance measures testing should be able to obtain additional must test. the Commission is requiring is of a randomly selected subscriber locations 37. Nonetheless, the Commission similar nature. as necessary for these kinds of recognizes that a few carriers facing situations. unique circumstances may find it 40. The Commission agrees with extraordinarily difficult to find a comments recommending that the same 41. The Commission reconsiders the sufficient number of subscriber sample sizes adopted for speed should Bureaus’ requirement that carriers meet locations to test. Although the also apply to latency, and that the same and test to their CAF obligation speed(s) Commission declines to modify the subscriber locations should be used for regardless of whether their subscribers adopted sample sizes, the Commission both speed and latency tests. As some purchase internet service offerings with appreciates that special circumstances parties have noted, requiring testing of speeds matching the CAF-required occasionally demand exceptions to a two separate sets of subscriber locations speeds for those CAF-eligible locations. general rule. The Commission’s rules for speed and latency, rather than the Specifically, in situations where may be waived for good cause shown. same group of locations for both, is subscribers purchase internet service 38. For carriers that cannot find even unnecessarily burdensome. By requiring offerings with speeds lower than the five CAF-supported locations to test, the speed and latency tests at the same CAF-required speeds for those locations, Commission also reconsiders the subscriber locations, the Commission carriers are not required to upgrade Bureaus’ decision to permit testing of reduces the amount of equipment, individual subscriber locations to non-CAF-supported active subscriber coordination, and effort that may conduct speed testing unless there are locations within the same state and otherwise be involved in setting up no other available subscriber locations service tier. Testing and reporting speed testing. Therefore, carriers will test all of at the CAF-required speeds within the and latency for non-CAF-supported the locations in the random sample for same state or relevant service area. The locations adds unnecessary complexity both speed and latency. The Commission recognizes that there may to the Commission’s requirements. Commission notes that because it is be significant burdens associated with Accordingly, the Commission requires adopting different implementation dates upgrading an individual location, that any non-compliant carrier testing for testing of different broadband particularly when physically replacing fewer than five CAF-supported deployment programs, a carrier will equipment at the customer premises is subscriber locations because more are receive a separate random sample of necessary. Some carriers may still find not available would be subject to testing locations for each program for it necessary to upgrade individual verification that more customers are not which it must do performance testing. subscriber locations, at least available, rather than requiring that all In the Performance Measures Order, the temporarily, to conduct speed testing. carriers testing fewer than five CAF- Bureaus stated that, ‘‘[a] carrier with The Commission does not believe that supported subscriber locations find non- 2,000 customers subscribed to 10/1 requiring temporary upgrades of service CAF-supported locations to test. Mbps in one state through CAF Phase II of testing locations in these instances 39. Additionally, the Commission funding and 500 rural broadband will discourage bidding in future recognizes that, as several parties have experiment (RBE) customers subscribed auctions. Carriers participating in noted, obtaining customer consent for to 10/1 Mbps in the same state, and no auctions should be prepared to provide

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the required speeds at all of the representative of typical internet usage. by employing either: (1) MBA testing locations in the relevant service area WTA cites these claimed difficulties as infrastructure (MBA testing), (2) existing and should anticipate that over time a reason for reducing the number of network management systems and tools more and more customers in the service weeks of annual testing, reducing the (off-the-shelf testing), or (3) provider- area will be purchasing the higher-speed numbers of locations to be tested, developed self-testing configurations offerings. allowing more flexible selection of (provider-developed self-testing or self- 42. Finally, the Commission rejects customer locations, and using the test testing). The Bureaus reasoned that the proposals to require testing only of locations for longer periods. flexibility afforded by three different newly deployed subscriber locations 45. The Commission declines to options offered ‘‘a cost-effective method and to maintain the same sample for adjust the quarterly testing requirement for conducting testing for providers of more than two years. If the Commission as proposed by WTA. As the Bureaus different sizes and technological were to permit testing of only new acknowledged when they adopted the sophistication.’’ locations, carriers’ speed and latency quarterly requirement, different 47. NTCA requests clarification about test data would not reflect their conditions exist throughout the year language in the Performance Measures previous CAF-supported deployments, that can affect service quality, including Order stating that ‘‘MBA testing must for which carriers also have ongoing changes in foliage, weather, and occur in areas and for the locations speed and latency obligations. customer usage patterns, school supported by CAF, e.g., in CAF Phase II Moreover, although the Bureaus schedules, holiday shopping, increased eligible areas for price cap carriers and adopted the Performance Measures or decreased customer use because of for specific built-out locations for RBE, Order in 2018, carriers have been travel and sporting events, and business Alternative Connect America Cost certifying that their CAF-supported cycles. The goal of the testing Model (A–CAM), and legacy rate-of- deployments meet the relevant speed requirements is to ensure that return support recipients.’’ NTCA and latency obligations for several years. consumers across the country contends that this language refers to Requiring testing of older locations experience consistent, quality previously-promulgated MBA testing should not prove a problem for carriers broadband service throughout the year, requirements and that the Commission that have been certifying that their not at only one defined point during the should clarify that ETCs subject to fixed deployments properly satisfy their CAF year. Additionally, the Commission broadband performance obligations obligations. In any case, further believes WTA’s concerns regarding should be permitted to use any of three shrinking the required sample to customer consent are unfounded. The testing options outlined by the Bureaus. include only more recent deployments Commission expects that once the 48. The language highlighted by would compromise the effectiveness of requisite technology and software to NTCA applies only to carriers choosing the ‘‘trip-wire’’ sample; the Commission conduct the required testing has been the MBA testing option; the Bureaus set would not be able to identify potential installed, testing the performance of the out additional, separate requirements problems with many older CAF- network for one week per quarter will for carriers choosing to use off-the-shelf supported deployments. Maintaining not impose any additional significant or provider-developed testing options. the same sample beyond two years burden on carriers or customers. As the Performance Measures Order would present the opposite problem. By Moreover, the tests themselves use so explained, in the event that a carrier excluding newer deployments, the little bandwidth that the Commission opts to use the MBA testing Commission’s understanding of carriers’ does not believe customers will even methodology to collect performance networks would be outdated; the notice that testing is occurring. Indeed, data, it must ensure boxes are placed at Bureaus’ decision to require testing a as the Bureaus explained, quarterly the appropriate randomly selected different set of subscriber locations testing ‘‘strikes a better balance of locations in the CAF-funded areas, as every two years struck the correct accounting for seasonal changes in required for the CAF testing program. If, balance between overburdening carriers broadband usage and minimizing the on the other hand, a carrier opts for and maintaining a current, relevant burden on consumers who may either off-the-shelf testing tools or its sample for testing. participate in testing.’’ own self-testing, it must use the testing 43. The Bureaus required quarterly 46. The Commission confirms that procedures specific to the providers’ testing for speed and latency. In carriers may use any of the three respective chosen methodology. particular, to capture any seasonal methodologies outlined in the 49. To achieve full compliance with effects and differing conditions Performance Measures Order to the latency and speed standards, the throughout the year that can affect a demonstrate their compliance with Performance Measures Order required carrier’s broadband performance, the network performance requirements. The that 95% of latency measurements Bureaus required carriers subject to the Commission has previously determined during testing windows fall below 100 performance measures to conduct one that it should provide carriers subject to ms round-trip time, and that 80% of week of speed and latency testing in performance testing with flexibility in speed measurements be at 80% of the each quarter of the calendar year. determining the best means of required network speed. Based on the 44. WTA argues that spreading testing conducting tests. In 2013, WCB had standard adopted by the Commission in across the year imposes a substantial determined that price cap carriers 2011, WCB used ITU calculations and burden, particularly on rural carriers, generally may use ‘‘existing network reported core latencies in the without producing more accurate management systems, ping tests, or contiguous United States in 2013 to information than a single week of other commonly available network determine that a latency of 100 ms or testing. WTA also contends that measurement tools,’’ as well as results below was appropriate for real-time obtaining consent from customers to from the MBA program, to demonstrate applications like VoIP. WCB thus allow testing for four weeks a year ‘‘is compliance with latency obligations required price cap carriers receiving going to be extremely difficult and associated with CAF Phase II model- CAF Phase II model-based support to likely to become a customer relations based support. Thus, the Bureaus test and certify that 95% of testing hours nightmare.’’ Instead, WTA argues that concluded that ETCs subject to fixed latency measurements are at or below testing for a single week in late spring broadband performance obligations 100 ms (the latency standard). Later, or early fall would be more would be permitted to conduct testing WCB sought comment on extending the

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same testing methodologies to other provider round-trip latency of 175 ms,’’ standard. In other words, carriers high-cost support recipients serving so ‘‘treating a latency result that is even assessed the appropriateness of the fixed locations, and in multiple orders, one millisecond above 100 ms as a standard and decided that they would the Commission extended the same violation . . . penaliz[es] recipients for be able to certify meeting the standard— latency standard to RBE participants, providing users with voice quality with or, at the very least, accepted that they rate-of-return carriers electing the which they are fully satisfied.’’ would risk losing CAF Phase II support voluntary path to model support, CAF Changing the standard to require latency if they were unable to meet the Phase II competitive bidders not measurements of 175 ms or better 95% standard. Moreover, no parties sought submitting high-latency bids, and of the time, petitioners assert, would reconsideration when the standard was Alaska Plan carriers. better align the latency standard with originally adopted, and the Commission 50. The Bureaus ultimately reaffirmed the speed standard, which is designed later extended the same standard to and further extended the latency to ensure that high-cost-supported other high-cost support recipients in the standard to all high-cost support broadband deployments are reasonably years following. recipients serving fixed locations, comparable to those in urban areas. 55. The Commission also notes that except those carriers submitting high- 52. NTCA, NRECA, and UTC oppose latency is fundamentally different from latency bids in the CAF Phase II the petitioners’ request to ‘‘align’’ the speed and therefore requires a different auction. In doing so, the Bureaus noted latency standard with the speed standard to ensure that CAF-supported that the data on round-trip latency in standard. Defending the 95% threshold broadband internet service is reasonably the United States had not markedly adopted by the Bureaus, these parties comparable to service in urban areas. changed since the CAF Phase II Price explain that low latency is necessary to The 100 ms standard, which is more Cap Service Obligation Order, and that support achieving a ‘‘reasonably lenient than the 60 ms standard no parties challenged the Commission’s comparable’’ level of service, and the originally proposed, ensures that reasoning for the existing 100 ms 95% compliance benchmark for latency subscribers of CAF-supported internet standard. More recently, the Bureaus is a ‘‘reasonable’’ standard for that. service can use real-time applications refreshed the record, seeking comment Moreover, speeds may vary up to 20% like VoIP. If the Commission were to on USTelecom’s proposal that certifying because of ‘‘networking protocols, require 95% of latency measurements to ‘‘full’’ compliance means that 95 to interference and other variances that be only 175 ms or lower, it would be 100% of all of an ETCs measurements affect all providers and whose relaxing the standard considerably— during the test period meet the required accommodation is technology neutral,’’ permitting CAF-supported internet speed. The Bureaus then adopted a but such factors do not affect latency. service to have 75% higher latency than standard requiring that 80% of a Thus, they say, the record supports the permitted by the existing standard carrier’s download and upload adopted latency standard. adopted by the Commission. Further, measurements be at or above 80% of the 53. Multiple parties seek clarifications lowering the existing standard would CAF-required speed (i.e., an 80/80 regarding implementation of the 80/80 not decrease burdens on carriers and standard). The Bureaus explained that speed standard adopted in the provide ‘‘a more efficient compliance this speed standard best meets the Performance Measures Order. In and enforcement process,’’ as the Commission’s statutory requirement to particular, carriers expressed concern petitioners suggest. The carriers need ensure that high-cost-supported that compliance will be measured only to conduct tests, which can be broadband deployments provide against advertised speeds, rather than automated, and provide the data; reasonably comparable service as those the speeds carriers are obligated to Universal Service Administrative available in urban areas. The Bureaus provide in exchange for CAF support. In Company (USAC) will complete the also noted that they would exclude from addition, USTelecom, ITTA, and necessary calculations to determine certification calculations certain speed WISPA, among others, challenge the compliance. To the extent that parties measurements above a certain threshold Bureaus’ finding that speed test results argue that the 100 ms standard is overly to ensure that outlying observations do greater than 150% of advertised speeds strict and that consumers may be not unreasonably affect results. are likely invalid and ask that the satisfied with higher latencies, that 51. In their Petition, USTelecom, Bureaus reconsider automatically standard was adopted in prior ITTA, and WISPA complain that excluding those measurements from Commission orders and thus is not ‘‘[t]here is . . . a significant disparity in compliance calculations. Instead, properly addressed in this proceeding, compliance thresholds for speed and Vantage Point suggests, the Commission which is to determine the appropriate latency,’’ and ask that the Bureaus should consider excluding data points methodology for measuring whether require ETCs’ latency measurements to beyond a defined number of standard high-cost support recipients’ networks meet 175 ms at least 95% of the time. deviations, rather than setting a 150% meet established performance levels. The petitioners argue that, before cutoff for measurements. 56. The Commission clarifies, accepting CAF Phase II model-based 54. The Commission declines to however, that carriers are not required support, carriers could not have fully modify the longstanding latency to provide speeds beyond what they are understood whether the latency standard requiring that 95% of round- already obligated to deploy as a standard adopted in 2013 was trip measurements be at or below 100 condition of their receipt of high-cost appropriate, apparently because it was ms. As petitioners acknowledge, the support. Thus, for a location where a adopted ‘‘almost two full years before standard was initially adopted in 2013, carrier is obligated to provide 10/1 price cap carriers accepted CAF Phase II before carriers accepted CAF Phase II Mbps service, the Commission only support,’’ and other ‘‘reasonable’’ model-based support. Petitioners claim requires testing to ensure that the requirements were adopted later. that, as a result, ‘‘no future recipient location provides 10/1 Mbps service, Further, the petitioners argue, the same could have been expected to assess the even if the customer there has ordered ITU analysis that WCB relied on in 2013 appropriateness of this prematurely and is receiving 25/3 Mbps service. to adopt the latency standard ‘‘found adopted requirement,’’ but, in fact, 57. Regarding the trimming of data in that consumers continue to be ‘satisfied’ carriers accepted CAF Phase II support calculating compliance with the speed with speech quality at a one-way conditioned on the requirement that standard, the Commission reconsiders mouth-to-ear latency of 275 ms or a they certify to the adopted latency the Bureaus’ decision to exclude from

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compliance calculations any speed test the Commission’s approach to than failure to deploy. NTCA, NRECA, results with values over 150% of the construction of network facilities, i.e. and UTC jointly contend that ‘‘non- advertised speed for the location. support is withheld if carriers do not compliance (especially if relatively Instead of trimming the data at the meet their build-out milestones, but as minor in degree) should impose upon outset as the Bureaus had required, the the carrier improves its performance, the provider the burden of proof to Commission directs the Bureaus to withheld support is returned. There is demonstrate a justifiable reason for non- study data collected from carriers’ pre- no correlation in either case between the compliance and an avenue toward testing and testing and determine how interim percentages of support withheld remediation; it should not eliminate best to implement a more sophisticated and the total per-location support; automatically support upon which the procedure using multiple statistical rather, these interim withholdings are provider relies for deployment and analyses to exclude outlying data points designed solely to encourage the carrier operation.’’ WTA proposes that rural from the test results. The Commission to meet its obligations and ensure that carriers not in full compliance be given anticipates that the Bureaus will progress is continuing. The Commission a six-month grace period ‘‘to locate and develop such a procedure for USAC to notes that carriers have their entire correct the problem without reduction implement for each carrier’s test results support term to improve their networks or withholding of the monthly high-cost in each speed tier in each state or study and come into compliance. Even at the support needed to finance the repair, area and may involve determining end of the support term, the upgrade and operation of [their] whether multiple methods (e.g., the Commission’s rules provide for a one- networks.’’ WTA also reiterates that interquartile range, median absolute year period before any support is rural local exchange carriers (LECs) deviation, Cook’s distance, Isolation permanently withheld, during which should not lose high-cost support due to Forest, or extreme value analysis) flag a the carrier can show that it has fixed the the shortcomings of facilities or particular data point as an anomaly. problems with its network. Further, as circumstances over which they have no 58. The Performance Measures Order explained in the following, the control and are not able to repair or also established a framework of support Commission add san opportunity for upgrade. Finally, Pen˜ asco Valley reductions that carriers would face in carriers to request a larger, statistically Telephone Cooperative argues that a the event that their performance testing valid sample if the carrier believes that 100% success requirement for full did not demonstrate compliance with the small sample size is the cause of the compliance does not take into account speed and latency standards to which failure to perform. The Commission factors outside the carrier’s control and each carrier is subject. The Bureaus therefore anticipates few instances of instead proposes a high percentage considered numerous approaches to non-compliance with the Commission’s benchmark, but less than 100%, to address non-compliance with the performance measures. account for these variables. required speed and latency standards. They adopted a ‘‘four-level framework 60. Several parties urge the 61. Except as discussed in the that sets forth particular obligations and Commission to adjust the adopted following, the Commission generally automatic triggers based on an ETCs framework for non-compliance. declines to revise the compliance and degree of compliance with the USTelecom, ITTA, and WISPA jointly certification frameworks adopted by the Commission’s latency, speed, and, if argue that non-compliance with the Bureaus. The Commission disagrees that applicable, MOS testing standards in speed and latency requirements is the consequences for failure to meet its each state and high-cost support subject to support withholding under performance measures are greater than program.’’ Under this scheme, the established framework that is ‘‘more that for failure to meet deployment compliance for each standard is severe[] than non-compliance with obligations. As opposed to the separately determined, with the build-out milestones.’’ For example, deployment obligations that many percentage of a carrier’s measurements they observe that a carrier with a parties use for comparison, the speed meeting the relevant standard divided compliance gap of less than six percent and latency standards adopted by the by the required percentage of would lose 5% of its high-cost support, Bureaus include a margin for error and measurements to be in full compliance. while only being subject to quarterly do not require carriers to meet the The Bureaus noted that the framework reporting obligations for missing its established standards in every instance. ‘‘appropriately encourages carriers to required build out by up to 14.9%. For example, carriers are required to come into full compliance and offer, in USTelecom, ITTA, and WISPA instead meet the 100 ms standard for latency areas requiring high-cost support, propose mirroring the precedent only 95% of the time, rather than 100% broadband service meeting standards established for the deployment as suggested by some parties. Similarly, consistent with what consumers milestone framework, with non- the Commission allows carriers to be in typically experience.’’ compliance with the speed and latency compliance with its speed standards if 59. Broadly, the Commission’s goal in requirements of 5% or less resulting they provide 80% of the required speed establishing a performance testing only in a quarterly reporting obligation 80% of the time. Moreover, the regime is to ensure that consumers and non-compliance of 5% to 15% Commission establishes pre-testing receive broadband at the speed and resulting in 5% of funding being periods in which no support reductions latency to which carriers have withheld. Additionally, they request for failing to meet standards will occur committed, and for which they are clarification that a carrier not complying to allow carriers to adjust to the new receiving support. The Commission’s with both its performance measurement regime. This opportunity for pre-testing compliance regime is designed to requirements and deployment will ensure that carriers are familiar encourage them to provide high quality requirements will be subject only to a with the required testing and how to broadband, not to punish carriers for reduction in support equal to the greater properly measure the speed and latency failing to perform. That is why the of the two amounts, rather than the of their networks. Because carriers will Bureaus adopted an interim schedule combined percentage of the two be aware of which locations are being for withholding support for failing to amounts. AT&T concurs with tested, they will be able to monitor their meet the required performance, but to petitioners that support reductions for networks prior to beginning the required return such support as the carrier comes failing to comply with performance testing to make sure the network is into compliance. This is consistent with standards should not be more serious performing properly. Further, once a

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location is certified in USAC’s High fully deployed. Otherwise, a carrier additional 9% of locations (reflecting a Cost Universal Broadband (HUBB) would not be meeting the conditions on non-compliance percentage of 10% for portal, the carrier has certified that it which it receives support to deploy the 90% deployed locations), plus 10 meets the required standards, so the broadband. percent of the carrier’s total relevant performance of the network should not 64. Several parties argue that there is high-cost support over the support term be a surprise to the carrier. insufficient notice for clarifying that for that state. However, carriers are 62. Some parties have expressed ‘‘any failure to meet the speed and permitted up to one year to address any concern about the performance latency requirements will be considered shortcomings in their deployment requirements and the non-compliance a failure to deploy.’’ The Commission obligations, including ensuring that support reductions. For example, disagrees. When establishing the CAF in their performance measurements are USTelecom, ITTA, and WISPA argue 2011, the Commission noted that it 100% in compliance, before these that certain aspects of the compliance ‘‘will require recipients of funding to support reductions will take effect. framework ‘‘penalize non-compliance test their broadband networks for 66. To provide certainty to carriers with broadband speed and latency compliance with speed and latency and to take into account that carriers requirements more severely than non- metrics,’’ and each recipient of high-cost may be in compliance with performance compliance with build-out milestones.’’ support with defined build-out obligations during their testing periods, They also assert that the compliance obligations must deploy broadband but for whatever reason may not be in framework is ‘‘is too stringent and could service with available speeds as compliance at the end of the support impede—rather than advance— required by the Commission. Indeed, term, the Commission more narrowly broadband deployment in rural CAF- the Commission found that verifiable tailors its end-of-term non-compliance supported areas.’’ The Commission test results would allow the provisions to recognize past disagrees. As a condition of receiving Commission ‘‘to ensure that ETCs that compliance. Accordingly, the high-cost support, carriers must commit receive universal service funding are Commission will withhold support not only to building out broadband- providing at least the minimum where a carrier is unable to demonstrate capable networks to a certain number of broadband speeds, and thereby using compliance at the end of the support locations, but also to providing those support for its intended purpose as term only for the amount of time since locations with a specific, defined level required by section 254(e)’’; if the the carrier’s network performance was of service. Building infrastructure is support is not used to provide the last fully compliant. Specifically, the insufficient to meet a carrier’s obligation required level of service, it is not being if the customers do not receive the used for its intended purpose under Commission modifies the support required level of service. If a carrier fails section 254(e). Carriers do not receive recovery required by section 54.320(d) to meet its deployment requirements, it high-cost support to just install any that is related to compliance with will face certain support reductions, and network; they must deploy a broadband- performance measures by multiplying it if it likewise fails to meet its capable network actually meeting the by the percentage of time since a carrier performance requirements for locations required speed and latency metrics. was last able to show full compliance to which it claims it has deployed, it has Indeed, section 54.320(d)(1) of the with required performance testing failed to fully fulfill its obligations. The Commission’s rules provides that ‘‘[f]or requirements prior to the end of the compliance framework established by purposes of determining whether a support term on a quarterly basis. For the Bureaus is essential to ensuring that default has occurred, a carrier must be example, if a carrier’s failure to meet consumers are receiving the appropriate offering service meeting the requisite end-of-term performance measures level of service that the carrier has performance obligations.’’ under section 54.320(d) resulted in it committed to provide. 65. The Commission uses the testing having to repay support associated with 63. The Commission emphasizes that data to determine the level of 10% of locations to which it was at the conclusion of a carrier’s build-out compliance for the carrier’s network, as obligated to deploy (and not including term, any failure to meet the speed and defined by the Bureaus in the any support related to a failure to build latency requirements is a failure to Performance Measures Order. Thus, at and install the network as determined deploy because the carrier is not the end of a carrier’s build-out term, if by USAC verifications) and the carrier’s delivering the service it has committed a carrier has deployed to 100% of its performance testing had not been in to deliver. A failure to comply with all required locations, but its overall compliance with the Commission’s performance measure requirements will performance compliance percentage is requirements for the 15 preceding result in the Commission determining 90%, USAC will recover the percentage quarters of testing, out of a total of 20 that the carrier has not fully satisfied its of the carrier’s support equal to 1.89 annual quarters in which it received broadband deployment obligations at times the average amount of support per support, the amount of support to be the end of its build-out term and location received in the state for that recovered would be multiplied by 15⁄20 subjecting the carrier to the appropriate carrier over the term of support for the or 3⁄4. If a carrier was not in compliance broadband deployment non-compliance relevant performance non-compliance with the Commission’s performance support reductions. The Commission percentage (i.e., 10%), plus 10 percent measures for 5 quarters of testing but does not consider a carrier to have of the carrier’s total relevant high-cost comes into compliance before or during completed deployment of a universal support over the support term for that end-of-term testing, USAC will not service funded broadband-capable state. Similarly, if a carrier deploys to recover any support. However, because network simply by entering the required only 90% of the locations to which it is carriers have an affirmative duty to number of locations to which it has required to build, and of those locations, demonstrate compliance with network built into the HUBB; customers at those the performance compliance percentage performance measures—as they have locations also must be able to receive is 90%, the carrier will be required to with respect to physical build-out service at the specific speed and latency forfeit support equal to 1.89 times the milestones—a carrier that has never to which the carrier has committed. average amount of support per location been in compliance with performance Simply put, consumers must receive the received in the state for that carrier over testing requirements at any time during required level of service before a the term of support for both the 10% of the testing period will have the network can be considered to have been locations lacking deployment and an appropriate amount of support withheld

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at the end of the support term for the compliance with the Commission’s quarter, July 7 for the second quarter, entire term. The Commission believes performance requirements. If, after this etc.). that this approach more narrowly ties further testing, the carrier is able to 72. However, no support reductions the non-compliance consequences to the demonstrate that it fully complies with will be assessed during the pre-testing period of time in which a carrier fails the required speed and latency period, as long as carriers actually to comply with performance benchmarks, then the carrier will be undertake the pre-testing and report requirements. considered to have met the deployment their results. Carriers that fail to conduct 67. In response to commenters’ obligations. pre-testing and submit results in a concerns regarding the fairness of 69. The Commission is persuaded by timely fashion will be considered to be potentially reducing carriers’ support the record here to modify the specific at Level 1 non-compliance. The random amounts for both lack of deployment schedule to commence speed and sample for pre-testing can be used by and non-compliance with speed and latency tests established in the the carrier for a total of two years, latency standards, the Commission Performance Measures Order. The meaning that carriers will need to obtain clarifies that at the end of the support Performance Measures Order a new random sample after two years of term when USAC has performed the established a deadline of July 1, 2020 for pre-testing/testing. Thus, for example, if calculation to determine the total lack of carriers subject to the Performance a carrier does one year of pre-testing and deployment based on the numbers of Measures Order to report the results of then one year of testing, it will need to locations to which the carrier has built testing, with an accompanying obtain a new random sample prior to out facilities and the number of certification, for the third and fourth beginning the second year of testing. locations that are in compliance with quarters of 2019. The Commission now While there will be no support the performance measures, USAC will adopts a modified approach to enable reductions during the pre-testing period ensure that the total amount of support better individualization to the specific (as long as the carrier undertakes the withheld from the carrier because of circumstances of a given provider. testing and reports results), the filing failure to meet deployment milestones 70. The Commission concludes that it will allow Commission staff to evaluate and performance requirements does not is appropriate under the circumstances the pre-testing data and determine if any to modify the scheduled start of exceed the requirements of adjustments to the testing regime are performance testing to link speed and § 54.320(d)(2). To facilitate this needed to ensure that the testing period latency testing to the deployment calculation, the Commission reconsiders is successful. In addition, pre-testing obligations for carriers receiving support the decision allowing carriers to recover will give carriers an opportunity to see from each of the various high-cost only the support withheld for non- how their networks and testing software support mechanisms. The Commission compliance for 12 months or less. When and hardware perform and make any believes this solution best balances its a non-compliant carrier comes into a changes necessary. The Commission higher level of compliance, USAC will responsibility to ensure that consumers directs the Bureaus to amend the now return the withheld support up to are receiving the promised levels of performance measures as appropriate an amount reflecting the difference service in a timely manner with the based on the information learned and between the levels’ required ability of all carriers to undertake the experience gained from the pre-testing withholding. By returning all the required performance testing. This period. support USAC may have withheld from approach also allows larger price cap a carrier for non-compliance, the non- carriers that are further along in their 73. Several industry associations compliance framework will continue to deployments and are more able, at this support the approach the Commission provide an incentive to carriers to return point, to begin testing to do so without adopts to tie speed and latency testing to full compliance with the speed and additional delay. Moreover, the rolling to a carrier’s deployment obligations for latency standards. testing schedule the Commission adopts the specific high-cost program under 68. Finally, the Commission provides will be less administratively which it receives support. Specifically, additional flexibility at the conclusion burdensome for Commission staff by ITTA, USTelecom, and WISPA advocate of a carrier’s build-out term for any allowing for more individualized review aligning a carrier’s performance carrier that has failed to meet its and evaluation of testing results over obligations with its deployment performance requirements and believes time. Pushing back testing will have the obligations, as well as designating the that its failure to do so is the result of added benefit of allowing additional first two quarters of testing as a small sample size. As noted in this time for the marketplace to further ‘‘transitional and not subject to non- document, to minimize the burdens of develop solutions for carriers to compliance measures for any testing, the Bureaus have used a ‘‘trip- undertake the required testing. performance deficiencies’’ to allow wire’’ approach in determining the 71. The Commission also implements carriers to become familiar with the required sample sizes; while these a pre-testing period that will occur prior testing process. In addition, both NTCA sample sizes are useful for to the commencement of each carrier’s and WTA support linking testing demonstrating where further inquiry testing start date. As with the testing obligations to deployment obligations may be helpful, they are subject to a period, this pre-testing period will be and allowing carriers to have a period high margin of error. Thus, if at the end aligned with a carrier’s deployment of advanced testing before the mandated of its term, a carrier is shown not to obligations for the specific high-cost testing period. The Commission agrees have met its deployment obligations due mechanism under which it receives with those commenters suggesting that to a failure in meeting the speed and support and will require the filing of a period to ‘‘test the testing’’ will help latency requirements, the carrier can data regarding pre-testing results. Pre- ensure that all carriers become familiar submit a request to the Bureaus for an testing will require carriers to conduct with testing methodologies and increased size of random samples that testing according to the Commission’s equipment, as well as prevent or reduce will produce an estimate with a margin requirements using a USAC-determined future administrative issues with the of error of 5% or less and conduct random sample of subscribers, and testing process. further testing during the additional 12- results must be submitted to USAC 74. Accordingly, the Commission month period provided in section within one week of the end of each adopts the schedule in the following for 54.320(d)(2) to show that the carrier is quarter (i.e., by April 7 for the first pre-testing and testing obligations

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specific to the carriers receiving high- cost universal service support:

SCHEDULE FOR PRE-TESTING AND TESTING

Pre-testing Program start date Testing start date

CAF Phase II (Price-cap carrier funding) ...... January 1, 2020 ...... July 1, 2020. RBE ...... January 1, 2021 ...... January 1, 2022. Alaska Plan ...... January 1, 2021 ...... January 1, 2022. A–CAM I ...... January 1, 2021 ...... January 1, 2022. A–CAM I Revised ...... January 1, 2021 ...... January 1, 2022. ACAM II ...... January 1, 2022 ...... January 1, 2023. Legacy Rate of Return ...... January 1, 2022 ...... January 1, 2023. CAF II Auction ...... January 1, 2022 ...... January 1, 2023. New NY Broadband Program ...... January 1, 2022 ...... January 1, 2023.

75. Because the Commission to these carriers being subject to support test period rather than a six-month pre- establishes pre-testing and testing reductions. During this one-year pre- test period. periods to coincide with a carrier’s testing period, this group of carriers will 78. The Commission disagrees with specific deployment obligations under be required to test the speed and latency those petitioners urging it to adopt a its respective high-cost mechanism, of their networks quarterly for a blanket delay of implementation of the recipients of CAF Phase II model-based weeklong period and submit the results testing requirements. NTCA contends support will be the first to undertake the to the Commission within one week of that the equipment necessary for the pre-testing period on January 1, 2020. the end of each quarter of pre-testing. most cost-effective method of testing is These carriers are required to build out The testing period for these carriers will not yet fully developed or widely to 80% of their supported locations by begin on January 1, 2022, and results available, particularly in rural markets. December 31, 2019. Recipients of CAF will be submitted to the Commission by NTCA instead proposes that any Phase II model-based support are July 2023. obligations be suspended or waived primarily larger carriers that are better 77. The Commission also adopts a until a later time—at least 12 months— positioned to begin testing sooner due to one-year pre-testing period for following the widespread availability of the availability of testing equipment and recipients of support from the CAF modems with built-in testing capability solutions already in the marketplace for Phase II auction and A–CAM II, as well to the rural market. WTA agrees that the these carriers. During the six-month pre- as legacy rate-of-return support necessary testing equipment is testing period, these carriers will be recipients. However, the Commission unavailable at this time and thus required to test the speed and latency of delays commencement of the pre-testing proposes that the Commission postpone their networks for a weeklong period period for these carriers to account for testing for rural LECs for at least two once per quarter (first and second certain timing considerations. For years. WTA also proposes to delay quarters of 2020) and submit the results example, the Commission is in the support reductions for non-compliance to the Commission within one week of process of authorizing CAF Phase II to coincide with build-out milestones. the end of each quarter of pre-testing. auction winners to receive support, and WISPA, ITTA, and NTTA support The testing period for CAF Phase II recently authorized rate-of-return proposals to postpone testing for a time model-based support recipients will carriers electing the A–CAM II offer to in order to permit equipment to become commence on July 1, 2020, with speed receive support. Additionally, to more available and affordable. and latency tests occurring for weeklong increase administrative efficiency, the 79. The Commission is not convinced periods in both the third and fourth Commission put legacy rate-of-return that a blanket delay for all carriers quarters of 2020 and results of that carriers on the same schedule as A– subject to its performance measure testing submitted by July 2021. CAM II support recipients in light of the requirements is necessary. As 76. RBE support recipients, as well as fact that their deployment requirements petitioners and commenters observe, rate-of-return carriers receiving model- started at approximately the same time. large carriers and carriers serving more based support under both the A–CAM I Thus, to allow time for carriers urban markets are differently situated and the revised A–CAM I, will follow a receiving support under these than smaller carriers serving more rural similar, but slightly extended schedule. mechanisms not only to be authorized, communities, and these carriers may The pre-testing period for these carriers but also to deploy in a timely manner, already be positioned to begin testing. will commence on January 1, 2021 and the Commission institutes a one-year Though a minor delay for all carriers is will last one full year to ensure that the pre-testing period beginning January 1, warranted to allow USAC time to predominantly smaller carriers 2022. The required testing period for develop and implement specific IT receiving support under these these carriers will commence on January solutions, additional time beyond that mechanisms have adequate time to 1, 2023. The Commission anticipates for the marketplace to develop technical implement and test their technology and that these support recipients will have solutions is necessary only for a certain software solutions to meet the deployed to at least 40% of their subset of carriers. As WTA observes, Commission’s performance testing required locations by the end of 2022. ‘‘Whiteboxes for MBA testing are being requirements. The Commission believes These carriers will be subject to the used by large carriers, but thus far [its that a longer pre-testing period than the same testing and reporting members] have generally been unable to one it adopts for CAF Phase II model- requirements, for both pre-testing and obtain Whitebox pricing estimates for based support recipients is warranted to testing, as the other categories of carriers their likely levels of demand.’’ ensure that any concerns or issues with described in this document, except that Similarly, NTCA explains that larger the testing process are addressed prior these carriers will have a one-year pre- carriers are able to purchase modems

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and routers at scale or can develop their 83. ITTA, USTelecom, and WISPA the performance measures adopted by own proprietary devices, but smaller propose that testing and reporting the Bureaus and modified herein. carriers oftentimes must purchase ‘‘off obligations for ACS be delayed for one 87. Alaskan rate-of-return carriers that the rack’’ technology solutions and may year from the date on which they begin have committed to defined build-out have already deployed equipment that for other CAF Phase II model-based obligations, however, must conduct cannot be easily retrofitted to support recipients. These parties speed and latency testing of their accommodate performance testing. contend that ACS should be given more networks. That said, the Commission 80. The Commission agrees that a one- time because it is still in the process of recognizes that many of these carriers size-fits-all approach does not reflect the planning its CAF II deployment and has lack the ability to obtain terrestrial realities of the marketplace. However, not identified or reported the specific backhaul such as fiber, microwave, or the tiered implementation schedule the customer locations that it intends to other technologies and instead must rely Commission adopts strikes a better serve. ITTA, USTelecom, and WISPA exclusively on satellite backhaul. balance between the interests of carriers also argue that additional time also is Consistent with the standards the in cost-effectively testing their necessary for ACS to identify one or Commission adopted for high-latency networks’ performance and its need to more suitable points at which traffic can service providers in the CAF Phase II ensure that those networks are be aggregated for transport to the auction, it requires Alaska Plan carriers performing at the level promised. The continental U.S. using satellite or satellite backhaul to Commission further notes that WCB has 84. Because the Commission is certify that 95% or more of all testing already announced a delay in the instituting a pre-testing period and hour measurements of network round requirement to begin testing and delaying the start of the required testing trip latency are at or below 750 ms for reporting of speed and latency results period for CAF Phase II model-based any locations using satellite technology. until the first quarter of 2020. support recipients until July 1, 2020, the The Commission also reaffirms that 81. Given the changes to the testing Commission anticipates that ACS will these carriers must certify annually that framework the Commission adopts, it have had ample time to finalize no terrestrial backhaul options exist, likewise declines WTA’s suggestion to deployment plans and identify a and that they are unable to satisfy the delay support reductions for non- suitable aggregation point or points. standard performance measures due to compliant carriers until they are given Thus, the Commission is unconvinced the limited functionality of the available an opportunity to address any by the argument advanced by ITTA, satellite backhaul facilities. To the deficiencies in their networks. The pre- USTelecom, and WISPA that these extent that new terrestrial backhaul testing period the Commission adopts issues warrant further delay for ACS. facilities are constructed, or existing will provide carriers with ample Moreover, the Commission notes that facilities improve sufficiently to meet opportunity to identify any issues ACS already has passed its first the public interest obligations, the within their network infrastructure that deployment milestone and certified to Commission has required funding may impact testing results and to rectify locations in the HUBB. Thus, ACS recipients to meet the standard those problems prior to undertaking the should be fully prepared to commence performance measures within twelve required testing. As a result, carriers testing on the same schedule as other months of the new backhaul facilities should have minimal, if any, CAF Phase II support recipients. becoming commercially available. technological or software challenges 85. NTCA requests clarification that that prevent them from meeting the the Performance Measures Order III. Procedural Matters Commission’s performance applies only to high-cost recipients with 88. Paperwork Reduction Act. This requirements and would require an mandatory build-out obligations. document contains new information opportunity to cure. Moreover, because Though some Alaskan rate-of-return collection requirements subject to the carriers will be testing only those carriers are subject to defined build-out Paperwork Reduction Act of 1995 locations that the carrier has certified obligations, NTCA observes that if a (PRA), Public Law 104–13. It will be are deployed with the requisite speed, carrier has ‘‘no mandated build-out submitted to the Office of Management the Commission does not see a obligation, there is neither a clear speed and Budget (OMB) for review under compelling reason to delay support threshold to which a carrier can be Section 3507(d) of the PRA. OMB, the reductions for non-compliance. required to test nor a specified number general public, and other Federal 82. The Commission likewise declines of locations at which the test can be agencies will be invited to comment on to further delay testing and reporting conducted.’’ NTCA argues that the new information collection obligations for Alaska Communications additional proper notice-and-comment requirements contained in this Systems (ACS). Because carriers serving rulemaking procedures would be proceeding. In addition, the certain non-contiguous areas of the needed to subject carriers without Commission notes that pursuant to the United States face different operating mandatory build-out obligations to any Small Business Paperwork Relief Act of conditions and challenges from those required performance measures. 2002, Public Law 107–198, see 44 U.S.C. faced by carriers in the contiguous 48 86. Absent any specific deployment 3506(c)(4), the Commission previously states, the Commission concluded that it requirements, the Commission lacks a sought specific comment on how it was appropriate to adopt tailored standard for determining whether a might further reduce the information service obligations for each non- carrier’s deployment meets the required collection burden for small business contiguous carrier that elected to performance measures. As a result, concerns with fewer than 25 employees. continue to receive frozen support consistent with NTCA’s request, the 89. Congressional Review Act. The amounts for Phase II in lieu of the offer Commission clarifies that only carriers Commission has determined, and the of model-based support. For ACS, the subject to defined build-out Administrator of the Office of Commission adopted a 10-year term of requirements are required to test the Information and Regulatory Affairs, support to provide a minimum of 10/1 speed and latency of their networks in Office of Management and Budget, Mbps broadband service with a accord with Commission rules. Alaskan concurs that these rules are non-major roundtrip provider network latency rate-of-return carriers that have under the Congressional Review Act, 5 requirement of 100 ms or less to a committed to maintaining existing U.S.C. 804(2). The Commission will minimum of 31,571 locations. service levels therefore are not subject to send a copy of this Order on

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Reconsideration to Congress and the the timing of speed tests but maintain standards; and (4) an exemption from Government Accountability Office the same frequency of latency testing; coverage of the rule, or any part thereof, pursuant to 5 U.S.C. 801(a)(1)(A). and reaffirm the compliance standards for small entities. 90. As required by the Regulatory and associated support reductions for 98. The Commission has taken further Flexibility Act of 1980 (RFA), as non-compliance. steps which will minimize the amended, an Initial Regulatory 93. There were no comments raised economic impact on small entities. In Flexibility Analysis (IRFA) was that specifically addressed how the Order on Reconsideration, the incorporated in the USF/ICC broadband service should be measured, Commission adopts a delayed schedule Transformation FNPRM, 76 FR 78384, as presented in the USF/ICC providing for a period of ‘‘pre-testing’’ December 16, 2011. The Commission Transformation FNPRM IRFA. for all carriers and later start dates for sought written public comment on the Nonetheless, the Commission has carriers that do not receive CAF Phase proposals in the USF/ICC considered the potential impact of the II model-based support. Thus, CAF Transformation FNPRM, including rules proposed in the IRFA on small Phase II model-based support recipients, comment on the IRFA. The Bureaus entities and reduced the compliance which include only large carriers, must included a Final Regulatory Flexibility burden for all small entities in order to begin pre-testing and testing in 2020, Analysis (FRFA) in connection with the reduce the economic impact of the rules whereas legacy rate-of-return carriers, Performance Measures Order. This enacted herein on such entities. many of which are smaller entities, Supplemental Final Regulatory 94. The RFA directs agencies to must begin pre-testing in 2022 and Flexibility Analysis (Supplemental provide a description of, and where testing in 2023, and small carriers FRFA) supplements the FRFA in the feasible, an estimate of the number of receiving A–CAM I model support do Performance Measures Order to reflect small entities that may be affected by not begin pre-testing until 2021 and the actions taken in the Order on the proposed rules, if adopted. The RFA testing in 2022. Pre-testing will give Reconsideration and conforms to the generally defines the term ‘‘small carriers time to correct any issues with RFA. entity’’ as having the same meaning as their networks or with their testing 91. The Order on Reconsideration the terms ‘‘small business,’’ ‘‘small infrastructure without being subject to addresses issues raised by parties in organization,’’ and ‘‘small governmental support reductions, and the delayed petitions for reconsideration and jurisdiction.’’ In addition, the term schedule for non-CAF Phase II carriers applications for review of the ‘‘small business’’ has the same meaning will permit smaller entities even more Performance Measures Order. In the as the term ‘‘small-business concern’’ time to prepare to meet the Performance Measures Order, the under the Small Business Act. A small- Commission’s testing requirements. Bureaus established how recipients of business concern’’ is one which: (1) Is 99. The Commission also now permits CAF support must test their broadband independently owned and operated; (2) greater flexibility for carriers to conduct networks for compliance with speed is not dominant in its field of operation; speed tests within an hour. In the Order and latency metrics and certify and and (3) satisfies any additional criteria on Reconsideration, the Commission report those results. In doing so, the established by the Small Business clarifies that carriers may not Bureaus adopted a flexible framework to Administration (SBA). necessarily start testing speed at the minimize the burden on small entities— 95. As noted in this document, the very beginning of each test hour. for example, by permitting carriers to Performance Measures Order included a Instead, a carrier must simply report a choose from one of three methodologies FRFA. In that analysis, the Bureaus successful speed test for each hour, to conduct the required testing. described in detail the small entities except a carrier that begins attempting a 92. The Order on Reconsideration that might be significantly affected. speed test within the first 15 minutes of affirms certain key components of the Accordingly, in this FRFA, the an hour and checks for cross-talk in one- Performance Measures Order while Commission hereby incorporates by minute intervals (using the cross-talk making several modifications to the reference the descriptions and estimates thresholds of 64 Kbps for download and requirements. Specifically, in the Order, of the number of small entities from the 32 Kbps for upload) may record that no the Commission maintains the choice previous FRFA in the Performance test was successful during that test hour. between three testing methodologies for Measures Order. 100. Finally, the Commission clarifies carriers to conduct required testing; tie 96. The Commission expects the that carriers may use the same the implementation of speed and amended requirements in the Order on subscriber locations for testing both latency testing to a carrier’s deployment Reconsideration will not impose any speed and latency, halving the potential obligations for the specific high-cost new or additional reporting or burdens for carriers that may have program under which it receives recordkeeping or other compliance otherwise believed it necessary to test support; adopt a pre-testing regime to obligations on small entities and, as separate subscriber locations for speed give both carriers and the Commission described in the following, will reduce and latency. This clarification is most the opportunity to ensure that carriers their costs. significant for the smallest carriers, are familiar with the testing regime and 97. The RFA requires an agency to which may use less automated means of minimize any administrative issues; describe any significant alternatives that testing than larger carriers. maintain the previously-adopted testing it has considered in reaching its sample sizes but clarify that carriers proposed approach, which may include IV. Ordering Clauses must use the same locations for testing (among others) the following four Accordingly, it is ordered that, both latency and speed; adopt a revised alternatives: (1) The establishment of pursuant to the authority contained in definition of FCC-designated Internet differing compliance or reporting sections 1–4, 5, 201–206, 214, 218–220, Exchange Point (IXP); confirm that end- requirements or timetables that take into 251, 252, 254, 256, 303(r), 332, 403, and points for testing are from the account the resources available to small 405 of the Communications Act of 1934, customer’s side of any network being entities; (2) the clarification, as amended, and section 706 of the used to an FCC-designated IXP; consolidation, or simplification of Telecommunications Act of 1996, 47 maintain the existing daily testing time compliance or reporting requirements U.S.C. 151–155, 201–206, 214, 218–220, period and quarterly testing under the rule for small entities; (3) the 251, 256, 254, 256, 303(r), 403 and 405, requirement; allow further flexibility for use of performance, rather than design, the Order on Reconsideration is

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adopted, effective thirty (30) days after Telecommunications, Telephone. to have built out to by the interim publication of the text or summary Federal Communications Commission. milestone, or, in the case of Alaska Plan thereof in the Federal Register, except mobile-carrier participants, population Marlene Dortch, for paragraphs 15, 16, 19, 22, 23, 26, 31 covered by the specified technology, through 38, 43 through 49, 52, 53, 64, Secretary. middle mile, and speed of service in the and 75 through 91, which contain new Final Rules carrier’s approved performance plan, USAC will withhold 25 percent of the or modified information collection For the reasons discussed in the eligible telecommunications carrier’s requirements, that will not be effective preamble, the Federal Communications monthly support for that support area until approved by the Office of Commission amends 47 CFR part 54 as and the eligible telecommunications Management and Budget. The follows: Commission will publish a document in carrier will be required to file quarterly the Federal Register announcing the PART 54—UNIVERSAL SERVICE reports. Once the eligible effective date for those sections not yet telecommunications carrier has reported effective. It is the Commission’s ■ 1. The authority for part 54 continues that it has reduced the compliance gap intention in adopting these rules that if to read as follows: to less than 25 percent of the required any of the rules that the Commission Authority: 47 U.S.C. 151, 154(i), 155, 201, number of locations (or population, if retains, modifies, or adopts in this 205, 214, 219, 220, 254, 303(r), 403, and applicable) for that interim milestone document, or the application thereof to 1302, unless otherwise noted. for that support area, the Wireline Competition Bureau or Wireless any person or circumstance, are held to ■ 2. Amend § 54.320 by revising Telecommunications Bureau will issue be unlawful, the remaining portions of paragraphs (d)(1)(ii) and (iii), the first a letter to that effect, the eligible the rules not deemed unlawful, and the sentence of paragraph (d)(1)(iv)(A) and telecommunications carrier will move to application of such rules to other paragraph (d)(2) to read as follows: persons or circumstances, shall remain Tier 2 status. in effect to the fullest extent permitted § 54.320 Compliance and recordkeeping (iv) * * * by law. for the high-cost program. (A) USAC will withhold 50 percent of * * * * * the eligible telecommunications 101. It is further ordered that, carrier’s monthly support for that pursuant to the authority contained in (d) * * * (1) * * * support area, and the eligible section 405 of the Communications Act * * * * * telecommunications carrier will be of 1934, as amended, 47 U.S.C. 405, and required to file quarterly reports. * * * §§ 0.331 and 1.429 of the Commission’s (ii) Tier 2. If an eligible rules, 47 CFR 0.331 and 47 CFR 1.429, telecommunications carrier has a * * * * * the Petition for Reconsideration and compliance gap of at least 15 percent (2) Final milestone. Upon notification Clarification filed by USTELECOM— but less than 25 percent of the number that the eligible telecommunications THE BROADBAND ASSOCIATION, of locations that the eligible carrier has not met a final milestone, the ITTA—THE VOICE OF AMERICA’S telecommunications carrier is required eligible telecommunications carrier will BROADBAND PROVIDERS, and the to have built out to or, in the case of have twelve months from the date of the WIRELESS INTERNET SERVICE Alaska Plan mobile-carrier participants, final milestone deadline to come into PROVIDERS ASSOCIATION on population covered by the specified full compliance with this milestone. If September 19, 2018 is granted in part technology, middle mile, and speed of the eligible telecommunications carrier and denied in part to the extent service in the carrier’s approved does not report that it has come into full described herein, and the Petition for performance plan, by the interim compliance with this milestone within Partial Reconsideration filed by milestone, USAC will withhold 15 twelve months, the Wireline MICRONESIAN percent of the eligible Competition Bureau—or Wireless TELECOMMUNICATIONS telecommunications carrier’s monthly Telecommunications Bureau in the case CORPORATION on September 19, 2018 support for that support area and the of mobile carrier participants—will is denied. eligible telecommunications carrier will issue a letter to this effect. In the case be required to file quarterly reports. of Alaska Plan mobile carrier 102. It is further ordered that, Once the eligible telecommunications participants, USAC will then recover pursuant to the authority contained in carrier has reported that it has reduced the percentage of support that is equal 5(c)(5) of the Communications Act of the compliance gap to less than 15 to 1.89 times the average amount of 1934, as amended, 47 U.S.C. 155(c)(5), percent of the required number of support per location received by that and § 1.115(g) of the Commission’s locations (or population, if applicable) carrier over the support term for the rules, 47 CFR 1.115(g), the Application for that interim milestone for that relevant percentage of population. For for Review and Request for Clarification support area, the Wireline Competition other recipients of high-cost support, filed by NTCA—THE RURAL Bureau or Wireless Telecommunications USAC will then recover the percentage BROADBAND ASSOCIATION on Bureau will issue a letter to that effect, of support that is equal to 1.89 times the September 19, 2018 and the Application USAC will stop withholding support, average amount of support per location for Review filed by WTA— and the eligible telecommunications received in the support area for that ADVOCATES FOR BROADBAND on carrier will receive all of the support carrier over the term of support for the September 19, 2018, are granted in part that had been withheld. The eligible relevant number of locations plus 10 and denied in part to the extent telecommunications carrier will then percent of the eligible described herein. move to Tier 1 status. telecommunications carrier’s total List of Subjects in 47 CFR Part 54 (iii) Tier 3. If an eligible relevant high-cost support over the telecommunications carrier has a support term for that support area. Communications common carriers, compliance gap of at least 25 percent Where a recipient is unable to Health facilities, Infants and children, but less than 50 percent of the number demonstrate compliance with a final internet, Libraries, Reporting and of locations that the eligible performance testing milestone, USAC recordkeeping requirements, Schools, telecommunications carrier is required will recover the percentage of support

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that is equal to 1.89 times the average adds three new devices to the Federal Amendment 42 and the proposed rule amount of support per location received regulations as options for fishermen outline the rationale for the actions in the support area for the relevant with Federal commercial or charter contained in this final rule. A summary number of locations for that carrier plus vessel/headboat permits for South of the management measures described 10 percent of the eligible Atlantic snapper-grouper to meet in Amendment 42 and implemented by telecommunications carrier’s total existing requirements for sea turtle this final rule is provided below. relevant high cost-support over the release gear, and updates the regulations Management Measures Contained in support term for that support area, the to simplify and clarify the requirements This Final Rule total of which will then be multiplied for other sea turtle release gear. This by the percentage of time since the final rule also modifies the FMP This final rule adds three new sea carrier was last able to demonstrate framework procedure to allow for future turtle handling and release devices to compliance based on performance changes to release gear and handling the Federal regulations, clarifies the testing, on a quarterly basis. In the event requirements for sea turtles and other requirements for other required gear, that a recipient fails to meet a final protected resources. The purpose of this and modifies the FMP framework milestone both for build-out and final rule is to allow the use of new procedure to include future changes to performance compliance, USAC will devices to safely handle and release release gear and handling requirements recover the total of the percentage of incidentally captured sea turtles, clarify for sea turtles and other protected support that is equal to 1.89 times the existing requirements, and streamline resources. average amount of support per location the process for making changes to the New Sea Turtle Release Gear received by that carrier over the support release devices and handling procedures For vessels with Federal commercial for sea turtles and other protected term for the relevant number of and charter vessel/headboat permits for locations to which the carrier failed to species. South Atlantic snapper-grouper, this build out; the percentage of support that DATES: This final rule is effective on final rule adds three new devices to the is equal to 1.89 times the average January 8, 2020. The incorporation by Federal regulations that have been amount of support per location received reference of certain publications listed approved for use by NMFS’ Southeast in the support area for the relevant in this final rule is approved by the Fisheries Science Center (SEFSC) to number of locations for that carrier Director of the Federal Register as of safely handle and release sea turtles, multiplied by the percentage of time January 8, 2020. and provide more options for fishermen since the carrier was last able to ADDRESSES: Electronic copies of to fulfill existing requirements. Details demonstrate compliance based on for these new devices can be found in performance testing; and 10 percent of Amendment 42 may be obtained at www.regulations.gov or from the Amendment 42, the proposed rule, and the eligible telecommunications the 2019 NMFS Technical carrier’s total relevant high-cost support Southeast Regional Office website at https://www.fisheries.noaa.gov/action/ Memorandum titled, ‘‘Careful Release over the support term for that support Protocols for Sea Turtle Release with area. amendment-42-modifications-sea-turtle- release-gear-and-framework-procedure- Minimal Injury’’ (Release Protocols), [FR Doc. 2019–26448 Filed 12–6–19; 8:45 am] snapper-grouper. Amendment 42 which is published by the SEFSC. BILLING CODE 6712–01–P includes a fishery impact statement, a Complete construction specifications for regulatory impact review, and a all SEFSC-approved handling and Regulatory Flexibility Act (RFA) release devices are included in the 2019 DEPARTMENT OF COMMERCE analysis. NMFS SEFSC Technical Memorandum titled, ‘‘Design Standards and National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Equipment for Careful Release of Sea Administration Frank Helies, NMFS Southeast Regional Turtles Caught in Hook-and-Line Office, telephone: 727–824–5305; email: Fisheries’’. Both documents are 50 CFR Part 622 [email protected]. available at https:// SUPPLEMENTARY INFORMATION: [Docket No. 191202–0098] NMFS and www.fisheries.noaa.gov/southeast/ the South Atlantic Council manage the endangered-species-conservation/sea- RIN 0648–BI98 snapper-grouper fishery under the FMP. turtle-and-smalltooth-sawfish-release- The FMP was prepared by the South gear-protocols. NMFS expects the new Fisheries of the Caribbean, Gulf of Atlantic Council and is implemented by release devices in this final rule will Mexico, and South Atlantic; Snapper- NMFS through regulations at 50 CFR increase flexibility for fishermen and Grouper Fishery of the South Atlantic part 622 under the authority of the regulatory compliance within the Region; Amendment 42 Magnuson-Stevens Fishery snapper-grouper fishery, which may AGENCY: National Marine Fisheries Conservation and Management Act result in positive benefits to sea turtles. Service (NMFS), National Oceanic and (Magnuson-Stevens Act) (16 U.S.C. 1801 Two of the new sea turtle handling Atmospheric Administration (NOAA), et seq.). devices are a collapsible hoop net and Commerce. On June 13, 2019, NMFS published a sea turtle hoist (net). Both of these ACTION: Final rule. the notice of availability for devices are more compact versions of Amendment 42 in the Federal Register the approved long-handled dip net, and SUMMARY: NMFS implements and requested public comment (84 FR could be used for bringing an management measures described in 27576). On September 17, 2019, NMFS incidentally captured sea turtle on Amendment 42 to the Fishery published a proposed rule for board the fishing vessel to remove Management Plan (FMP) for the Amendment 42 in the Federal Register fishing gear from the sea turtle. For the Snapper-Grouper Fishery of the South and requested public comment (84 FR collapsible hoop net, the net portion is Atlantic Region (Amendment 42), as 48890). On September 5, 2019, the attached to hoops made of flexible prepared and submitted by the South Secretary of Commerce approved stainless steel cable; when the Atlantic Fishery Management Council Amendment 42 under section 304(a)(3) collapsible hoop net is folded over on (South Atlantic Council). This final rule of the Magnuson-Stevens Act. itself for storage, its size reduces to

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about half of its original diameter. is a pair of monofilament line cutters. charter vessel or headboat for South Additionally, there are two versions of SEFSC has clarified that the blade Atlantic snapper-grouper must have the the sea turtle hoist. One version consists length on the monofilament line cutters 2019 Release Protocols document of the net portion securely fastened to must be a minimum of 1 inch (2.5 cm) (incorporated by reference, see a frame, providing a relatively taut long but can be longer, and therefore, § 622.179(b) below) available for platform for the sea turtle to be brought this final rule revises the specification. reference on board to safely handle and on board. Another version creates a Another required gear type is mouth release the animal. In addition, a basket with the frame and net that holds openers and gags, used to hold a sea placard summarizing sea turtle handling the sea turtle as it is brought on board. turtle’s mouth open to remove fishing and release guidelines (incorporated by Both the collapsible hoop net and the gear. At least two of the seven types of reference, see § 622.179(b) below) must sea turtle hoist use rope handles mouth openers and gags are required on be posted on the vessel. The Release attached to either side of the frame, in board. SEFSC determined that canine Protocols document is a NOAA place of the rigid handle on the dip net. mouth gags, an option for this gear Technical Memorandum published by Generally, the collapsible hoop net or requirement, should not have the ends the NMFS SEFSC. The placard is also hoist could be used to bring sea turtles of the canine mouth gags covered with contained within the Release Protocols on board vessels with a high freeboard clear vinyl tubing, friction tape, or document, and the placard is available when it is not feasible to use a dip net. similar, to pad the surface, because this in English, Spanish, and Vietnamese. The third new device is a dehooker is not necessary and can result in the Both the Release Protocols document that can be used to remove an externally gags not functioning properly. This final and placard are available at the NMFS embedded hook from a sea turtle. This rule removes from the regulations the Southeast Regional Office, 263 13th device has a squeeze handle that secures requirement to cover the ends of the Ave. South, St. Petersburg, FL 33701, the hook into notches at the end of the canine mouth gags with these materials. phone: 727–824–5301, or for digital shaft of the dehooker, so the hook can A life-saving device on a vessel, such download and printing from this be twisted out. This new device as a personal flotation device or life ring website: https://www.fisheries.noaa.gov/ provides another option for fishermen to buoy, may be used as an option to southeast/endangered-species- comply with the regulations for a short- satisfy the required cushion or support conservation/sea-turtle-and-smalltooth- handled dehooker for external hooks. device for sea turtles brought aboard a sawfish-release-gear-protocols. vessel to remove fishing gear. This final Requirements for Existing Sea Turtle rule clarifies that any life-saving device Comments and Responses Release Gear used to fulfill the sea turtle safe NMFS did not receive any public This final rule also updates the handling requirements cannot also be comments on the notice of availability requirements of some other approved used to meet U.S. Coast Guard safety for Amendment 42 or the proposed rule, devices for clarity and simplicity, and to requirements of one flotation device per and therefore, no changes were made to aid fishermen and law enforcement with person on board the vessel. this final rule as a result of public compliance and enforcement efforts. Lastly, fishermen are currently comment. Existing regulations use the word required to maintain a paper copy of the Classification ‘‘approximately’’ to define some gear Release Protocols on each vessel for specifications, and this rule replaces reference in the event a sea turtle is The Regional Administrator for the ‘‘approximately’’ in the applicable incidentally captured. This final rule NMFS Southeast Region has determined regulations where precise specifications allows fishermen to use an electronic that this final rule is consistent with will clarify requirements for the copy of the document to fulfill the Amendment 42, the FMP, the dimensions or lengths of several requirement, as long as the electronic Magnuson-Stevens Act, and other devices. The revisions provide for either document is readily available for applicable laws. a minimum size dimension or a size viewing and reference during a trip. This final rule has been determined to range for the short-handled dehookers be not significant for purposes of for external and internal hooks, bite FMP Framework Procedure Executive Order 12866. This final rule block on the short-handled internal use Amendment 42 and this final rule is considered an Executive Order 13771 dehooker, long-nose or needle-nose allow future changes to the sea turtle deregulatory action. pliers, bolt cutters, and the block of hard release gear and handling techniques The Magnuson-Stevens Act provides wood and hank of rope when used as under the framework procedure. For the statutory basis for this final rule. No mouth openers and gags. In general, example, the South Atlantic Council duplicative, overlapping, or conflicting these clarifications either establish the could more quickly add a new release Federal rules have been identified. A previously approximate dimensions as a device for sea turtles if approved by the description of this final rule, why it is minimum requirement, or establish the SEFSC. The South Atlantic Council being implemented, and the purposes of smaller end of the current size range for decided that making these changes this final rule are contained in the the required dimensions as a minimum. through an expedited process may have SUMMARY and SUPPLEMENTARY Other changes to the gear requirements beneficial biological and socio- INFORMATION sections of this preamble. follow. economic impacts. The South Atlantic The objectives of this final rule are to The SEFSC has also approved 304L Council concluded that the revised provide greater flexibility to owners and grade stainless steel for the construction framework procedure will still allow operators of vessels in the commercial of all short-handled and long-handled adequate opportunity for the public to and for-hire snapper-grouper fishing dehookers, in addition to 316L grade comment on any future proposed industries (i.e., vessels for which stainless steel that has already been regulatory changes. Federal commercial and charter vessel/ approved and is in use. This additional headboat permits for South Atlantic grade of stainless steel is commonly Incorporation by Reference snapper-grouper have been issued) in available and is also corrosion resistant If a sea turtle is incidentally caught complying with release gear regulations, to salt water. during fishing operations, the owner or clarify existing requirements for fishery Another required device to assist with operator of a federally permitted participants and law enforcement removing fishing gear from a sea turtle commercial vessel or a recreational officers, and streamline the process for

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future revisions to release gear and (1) Sea turtle conservation measures. endangered-species-conservation/sea- handling procedures for incidentally (i) The owner or operator of a vessel for turtle-and-smalltooth-sawfish-release- captured sea turtles and other protected which a commercial vessel permit for gear-protocols, and is available from the species after approval by the SEFSC. South Atlantic snapper-grouper or a sources listed in paragraphs (b)(1) and The Chief Counsel for Regulation of charter vessel/headboat permit for (2) of this section. It is also available for the Department of Commerce certified South Atlantic snapper-grouper has inspection at the National Archives and to the Chief Counsel for Advocacy of the been issued, as required under Records Administration (NARA). For Small Business Administration (SBA) § 622.170(a)(1) and (b)(1), respectively, information on the availability of this during the proposed rule stage that this and whose vessel has on board any material at NARA, email fedreg.legal@ final rule, if implemented, would not hook-and-line gear, must have the 2019 nara.gov or go to www.archives.gov/ have a significant economic impact on version of the NMFS document titled, federal-register/cfr/ibr-locations.html. a substantial number of small entities. ‘‘Careful Release Protocols for Sea (1) U.S. Department of Commerce, NMFS did not receive any comments Turtle Release with Minimal Injury’’ National Oceanic and Atmospheric from SBA’s Office of Advocacy or the available for reference on board Administration, National Marine public regarding the economic analysis electronically or have a paper copy on Fisheries Service, Southeast Fisheries of Amendment 42 or the certification in board inside the wheelhouse, or within Science Center, 75 Virginia Beach Drive, the proposed rule. No changes to this a waterproof case if there is no Miami, FL 33149. final rule were made in response to wheelhouse. In addition, the NMFS sea (i) Careful Release Protocols for Sea public comments. The factual basis for turtle handling and release guidelines Turtle Release with Minimal Injury, the certification was published in the placard must be posted inside the NOAA Technical Memorandum NMFS– proposed rule and is not repeated here. wheelhouse or an easily viewable area SEFSC–735, Stokes, L., and Bergmann, Because this final rule is not expected on the vessel if there is no wheelhouse. C. (Editors), 2019. (ii) [Reserved] to have a significant economic impact (ii) Such owner or operator must also (2) U.S. Department of Commerce, comply with the sea turtle interaction on a substantial number of small National Oceanic and Atmospheric mitigation measures, including the entities, a final regulatory flexibility Administration, National Marine release gear and handling requirements analysis is not required and none has Fisheries Service, Southeast Regional been prepared. specified in appendix F of this part. Office, 263 13th Ave. South, St. (iii) Those permitted vessels with a List of Subjects in 50 CFR Part 622 Petersburg, FL 33701. freeboard height of 4 ft (1.2 m) or less (i) Sea Turtle Handling/Release Charter vessel, Commercial, Fisheries, must have on board a net or hoist, tire Guidelines: Quick Reference for Hook Fishing, Headboat, Incorporation by or other support device, short-handled and Line Fisheries, English, Spanish, reference, Sea turtle, South Atlantic. dehooker(s) for internal and external Vietnamese, Revised April 2019. Dated: December 3, 2019. hooks, long-nose or needle-nose pliers, (ii) [Reserved] Samuel D. Rauch III, bolt cutters, monofilament line cutters, ■ 4. In § 622.194, revise the introductory and at least two types of mouth openers Deputy Assistant Administrator, text and add paragraph (b) to read as or mouth gags. This equipment must follows: National Marine Fisheries Service. meet the specifications described in For the reasons set out in the appendix F of this part. § 622.194 Adjustment of management preamble, 50 CFR part 622 is amended (iv) Those permitted vessels with a measures. as follows: freeboard height of greater than 4 ft (1.2 In accordance with the framework m) must have on board a net or hoist, procedures of the FMP for the Snapper- PART 622—FISHERIES OF THE tire or other support device, long- Grouper Fishery of the South Atlantic CARIBBEAN, GULF OF MEXICO, AND handled line clipper or cutter, short- Region, the RA may establish or modify SOUTH ATLANTIC handled dehooker(s) for internal and the items specified in paragraph (a) of external hooks, long-handled this section for South Atlantic snapper- ■ 1. The authority citation for part 622 dehooker(s) for internal and external grouper and wreckfish, or paragraph (b) continues to read as follows: hooks, a long-handled device to pull an of this section for sea turtles and other Authority: 16 U.S.C. 1801 et seq. inverted ‘‘V’’ in the fishing line, long- protected species. ■ 2. In § 622.29, revise paragraph nose or needle-nose pliers, bolt cutters, * * * * * (a)(1)(ii) to read as follows: monofilament line cutters, and at least (b) Possession, specifications, and use two types of mouth openers or mouth of required release gear and handling § 622.29 Conservation measures for gags. This equipment must meet the requirements for sea turtles and other protected resources. specifications described in appendix F protected species. (a) * * * of this part. ■ 5. Revise appendix F to part 622 to (1) * * * * * * * * read as follows: (ii) Such owner or operator must also (b) Incorporation by reference. The Appendix F to Part 622—Specifications comply with the sea turtle interaction standards required in paragraph (a)(1) of mitigation measures, including the for Sea Turtle Release Gear and this section are incorporated by Handling Requirements release gear and handling requirements reference into this section with the specified in appendix F of this part. approval of the Director of the Federal A. Sea Turtle Release Gear * * * * * Register under 5 U.S.C. 552(a) and 1 1. Long-handled line clipper or cutter. Line ■ 3. In § 622.179, revise paragraph (a)(1) CFR part 51. All approved material is cutters are intended to cut fishing line as close as possible to the hook, and assist in and add paragraph (b) to read as available for inspection at the National Marine Fisheries Service, Southeast removing line from an entangled sea turtle to follows: minimize any remaining gear upon release. Regional Office, 263 13th Ave. South, One long-handled line clipper or cutter and § 622.179 Conservation measures for St. Petersburg, FL 33701, phone: 727– one set of replacement blades are required to protected resources. 824–5301, website: https:// be on board. The minimum design standards (a) * * * www.fisheries.noaa.gov/southeast/ are as follows:

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(a) A protected and secured cutting blade. appendix may be used to comply with this least 31 inches (78.7 cm) inside diameter and The cutting blade(s) must be capable of requirement. The minimum design standards a bag depth of at least 38 inches (96.5 cm) cutting 2.0 to 2.1-mm (0.078 to 0.083-inch) are as follows: to accommodate sea turtles up to 3 ft (0.9 m) diameter monofilament line (approximately (a) Hook removal device. A long-handled in carapace (shell) length. The bag mesh size 400 to 450-lb test strength) or polypropylene dehooker must be constructed of 3⁄16-inch must not exceed 3 inches (7.6 cm), bar multistrand material, known as braided or (4.8-mm) to 5⁄16-inch (7.9-mm) diameter 316L measure. The net hoop or frame must be tarred mainline, and the cutting blade must or 304L stainless steel and have a dehooking made of a rigid material strong enough to be maintained in working order. The cutting end no larger than 17⁄8 inches (4.8 cm) facilitate the sturdy attachment of the net. blade must be curved, recessed, contained in outside diameter. The dehooking end that (ii) Extended reach handle. The dip net a holder, or otherwise designed to facilitate secures the fishhook must be blunt with all hoop or frame must be securely fastened to its safe use so that direct contact between the edges rounded. The dehooker must be of a an extended reach handle or pole with a cutting surface and the sea turtle or the user size appropriate to secure the range of hook minimum length equal to or greater than 150 is prevented. The cutting instrument must be sizes and styles used on the vessel. percent of the freeboard, or at least 6 ft (1.8 securely attached to an extended reach (b) Extended reach handle. The handle m) in length, whichever is greater. The handle and the blade(s) must be easily must be a minimum length equal to the handle and net must be able to support a replaceable during a trip if necessary. The freeboard of the vessel or 6 ft (1.8 m), minimum of 100 lb (45.4 kg) without extra set of replacement blades must meet whichever is greater. The extended reach breaking or significant bending or distortion. these standards and be carried on board to handle may break down into sections for The extended reach handle may break down replace all cutting surfaces on the line cutter storage, but it is not required. into sections for storage, but it is not or clipper. 4. Long-handled device to pull an required. (b) An extended reach handle. The line ‘‘inverted V’’. One long-handled device to (b) Collapsible hoop net—(i) Size of the cutter blade must be securely fastened to an pull an ‘‘inverted V’’ is required on board. net. The collapsible hoop net must have a extended reach handle or pole with a This tool is used to pull an ‘‘inverted V’’ in sturdy net hoop of at least 31 inches (78.7 minimum length equal to or greater than 150 the fishing line when implementing the cm) inside diameter and a bag depth of at percent of the freeboard, or a minimum ‘‘inverted V’’ dehooking technique, as least 38 inches (96.5 cm) to accommodate sea length of 6 ft (1.8 m), whichever is greater. described in the 2019 version of the turtles up to 3 ft (0.9 m) in carapace (shell) The extended reach handle may break down document titled ‘‘Careful Release Protocols length. The bag mesh size must not exceed into sections for storage, but it is not for Sea Turtle Release with Minimal Injury,’’ 3 inches (7.6 cm), bar measure. The net hoop required. There is no restriction on the type for dehooking and disentangling sea turtles. must be strong enough to facilitate the sturdy of material used to construct this handle as A long-handled J-style dehooker as described attachment of the net. long as it is sturdy and facilitates the secure in paragraph A.3. of this appendix may be (ii) Extended reach handle. The collapsible attachment of the cutting blade. used to comply with this requirement. The hoop net must be securely fastened with 2. Long-handled dehooker for internal minimum design standards are as follows: rope(s) or other line(s) connected to the hoop hooks. One long-handled dehooker to remove (a) Hook end. This device, such as a with a minimum length equal to or greater internal hooks from sea turtles that cannot be standard boat hook or gaff must be than 150 percent of the freeboard, or at least brought on board is required on the vessel. constructed of stainless steel or aluminum; if 6 ft (1.8 m) in length, whichever is greater. It should also be used to engage an a long-handled J-style dehooker is used to The rope(s) and net must be able to support unattached hook when a sea turtle is comply with this requirement, it must be a minimum of 100 lb (45.4 kg) without entangled but not hooked, and line is being constructed of 316L or 304L stainless steel. breaking or significant distortion. removed. The design must shield the point The semicircular or ‘‘J’’ shaped hook end (c) Small hoist—(i) Size of the hoist. The of the hook and prevent the hook from re- must be securely attached to the handle to sea turtle hoist must have a sturdy net hoop engaging during the removal process. The allow the hook end to engage and pull an or frame of at least 31 inches (78.7 cm) inside minimum design standards are as follows: ‘‘inverted V’’ in the fishing line. A gaff or any diameter to accommodate sea turtles up to 3 (a) Hook removal device. The dehooker other tool with a sharp point is to be used ft (0.9 m) in carapace (shell) length. The net must be constructed of 3⁄16-inch (4.8-mm) to only for holding fishing lines and must never mesh size must not exceed 3 inches (7.6 cm), 5⁄16-inch (7.9-mm) diameter 316L or 304L contact the sea turtle. bar measure. If polyvinyl chloride, or PVC, stainless steel and have a dehooking end no (b) Extended reach handle. The handle pipe is used to construct the hoist, the pipe larger than 17⁄8 inches (4.8 cm) outside must have a minimum length equal to the fittings must be glued together and a diameter. The dehooker must securely engage freeboard of the vessel or must be at least 6 minimum strength of Schedule 40 pipe must and control the leader while shielding the ft (1.8 m) in length, whichever is greater. The be used. The hoist hoop or frame must be point to prevent the hook from re-engaging extended reach handle may break down into made of a rigid material strong enough to during removal. It may not have any sections for storage, but it is not required. facilitate the sturdy attachment of the net. unprotected terminal points (including blunt The handle must be sturdy and strong (ii) Extended reach handle. The sea turtle ones), as these could cause injury to the enough to facilitate the secure attachment of hoist must be securely fastened with ropes or esophagus during hook removal. The the hook end. other lines connected to the hoop or frame dehooker must be of a size appropriate to 5. Net or hoist. One approved net or hoist with a minimum length equal to or greater secure the range of hook sizes and styles used is required on board. These devices are to be than 150 percent of the freeboard, or at least on the vessel. used to facilitate safe handling of sea turtles 6 ft (1.8 m) in length, whichever is greater. (b) Extended reach handle. The dehooking by allowing them to be brought on board for The ropes and hoist hoop or frame must be end that secures the fishhook must be fishing gear removal, without causing further able to support a minimum of 100 lb (45.4 securely fastened to an extended reach injury to the animal. Sea turtles must not be kg) without breaking or significant distortion. handle or pole with a minimum length equal brought on board without the use of a net or 6. Cushion or support device. A standard to or greater than 150 percent of the hoist. There must be no sharp edges or burrs automobile tire free of exposed steel belts, a freeboard, or a minimum of 6 ft (1.8 m), on the hoop or frame, or where the hoop or boat cushion, or any other comparable whichever is greater. The extended reach frame attaches to the handle. There is no cushioned and elevated surface, is required handle may break down into sections for requirement for the hoop or frame to be for supporting a sea turtle in an upright storage, but it is not required. The handle circular as long as it meets the applicable orientation while the sea turtle is on board. must be sturdy and strong enough to minimum specifications. In this appendix, The cushion or support device must be facilitate the secure attachment of the bar measure means the non-stretched appropriately sized to fully support a range dehooking end. distance between a side knot and a bottom of sea turtle sizes. Any life-saving device that 3. Long-handled dehooker for external knot of a net mesh; also known as the square would be used to support a sea turtle on hooks. One long-handled dehooker to remove mesh measurement. The types and minimum board must be dedicated for that purpose and external hooks from sea turtles that cannot be design standards for approved nets and in addition to all minimum human safety at brought on board is required on the vessel. hoists are as follows: sea requirements. The long-handled dehooker for internal (a) Dip net—(i) Size of the net. The dip net 7. Short-handled dehooker for internal hooks described in paragraph A.2. of this must have a sturdy net hoop or frame of at hooks. One short-handled dehooker for

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removing internal hooks is required on hooks from the sea turtle’s flesh or for (d) A set of two rope loops covered with board. This dehooker is designed to remove removing hooks from the front of the mouth. protective tubing. A required set consists of internal hooks from sea turtles brought on They can also hold PVC splice couplings in two 3-ft (0.9-m) lengths of poly braid rope board. This dehooker can also be used on place, when used as mouth gags. The (3⁄8-inch (9.5-mm) diameter suggested), each external hooks. The minimum design minimum design standards are as follows: covered with an 8-inch (20.3-cm) long standards are as follows: The long-nose or needle-nose pliers must be section of 1⁄2-inch (1.3-cm) to 3⁄4-inch (1.9- (a) General. The dehooker must allow the a minimum of 11 inches (27.9 cm) in length. cm) diameter light duty garden hose or hook to be secured and the hook point It is recommended that the pliers be similar flexible tubing, and each rope tied shielded without re-engaging during the constructed of stainless steel or other into a loop. removal process. It may not have any corrosion resistant metal material. (e) A hank of rope. A length of soft braided unprotected terminal points, including blunt 10. Bolt cutters. One pair of bolt cutters is or twisted nylon rope a minimum of 3⁄16-inch ones, as this could cause injury to the required on board. Required bolt cutters may (4.8-mm) diameter must be folded to create esophagus during hook removal. A sliding be used to cut off the eye or barb of a hook a hank, or looped bundle, of rope. The rope plastic bite block must be permanently to facilitate the hook removal without must create a hank of 2 to 4 inches (5.1 cm installed around the shaft to protect the beak causing further injury to the sea turtle. They to 10.2 cm) in thickness. and facilitate hook removal in case a sea should also be used to cut off as much of the (f) A set of four PVC splice couplings. A turtle bites down on the dehooker. The hook as possible, when the remainder of the required set must consist of the following dehooker must be of a size appropriate to hook cannot be removed. The minimum Schedule 40 PVC splice coupling sizes: 1 secure the range of hook sizes and styles used design standards are as follows: The bolt inch (2.5 cm), 11⁄4 inch (3.2 cm), 11⁄2 inch (3.8 on the vessel. cutters must be a minimum of 14 inches (35.6 cm), and 2 inches (5.1 cm). PVC splice (b) Specifications. The dehooker must be cm) in total length, with blades that are a couplings are held in a sea turtle’s mouth constructed of 316L or 304L stainless steel. minimum of 4 inches (10.2 cm) long and 21⁄4 with the needle-nose pliers. The shaft must be 3⁄16 inch (4.8-mm) to 5⁄16 inches (5.7 cm) wide, when closed. Required (g) A large avian oral speculum. The avian inch (7.9-mm) in diameter. The shaft must be bolt cutters must be able to cut hard metals, oral speculum must be 9 inches (22.9 cm) 3 16 to 24 inches (40.6 cm to 60.7 cm) long, such as stainless or carbon steel hooks, up to long, and constructed of ⁄16-inch (4.8-mm) 1 wire diameter 304 stainless steel. The wire with approximately a 4 to 6-inch (10.2 to ⁄4-inch (6.4-mm) wire diameter, and they 15.2-cm) long tube T-handle, wire loop must be capable of cutting through the hooks must be covered with 8 inches (20.3 cm) of 5 handle, or similar. The bite block must be used on the vessel. clear vinyl tubing ( ⁄16-inch (7.9-mm) outside diameter, 3⁄16-inch (4.8-mm) inside diameter), constructed of a 3⁄4 to 1-inch (1.9 to 2.5-cm) 11. Monofilament line cutters. One pair of inside diameter high impact rated, rigid monofilament line cutters is required on friction tape, or similar to pad the surface. B. Sea turtle handling requirements. Any plastic cylinder (e.g., Schedule 80 PVC) that board. Required monofilament line cutters sea turtle incidentally captured during is 4 to 6 inches (10.2 to 15.2 cm) long to must be used to remove fishing line fishing operations must be handled, and allow for 5 inches (12.7 cm) of slide along the entangling a sea turtle, or to cut fishing line release gear must be used, in accordance with shaft. The dehooking end must be no larger as close to the eye of the hook as possible if the NMFS careful handling, resuscitation, than 17⁄8 inches (4.8 cm) outside diameter. the hook is swallowed or if the hook cannot and release protocols as specified in this 8. Short-handled dehooker for external be removed. The minimum design standards appendix, in the 2019 version of the NMFS hooks. One short-handled dehooker for are as follows: The monofilament line cutters document titled, ‘‘Careful Release Protocols external hooks is required on board. This must be a minimum of 6 inches (15.2 cm) in for Sea Turtle Release with Minimal Injury’’, dehooker is designed to remove external length. The blades must be a minimum of 1 5 or on the NMFS sea turtle handling and hooks from sea turtles brought on board. The inch (2.5 cm) in length and ⁄8 inches (1.6 cm) release guidelines placard. short-handled dehooker for internal hooks wide, when closed. 1. Sea turtles brought on board. When required to comply with paragraph A.7. of 12. Mouth openers or mouth gags. practicable, both active and inactive this appendix may be used to comply with Required mouth openers and mouth gags are (comatose) sea turtles must be brought on this requirement. The minimum design used to open sea turtle mouths, and to keep board the vessel without causing further standards are as follows: them open when removing internal hooks injury to the animal, using a net or hoist as (a) Fixed handle dehooker—(i) General. from sea turtles brought on board. They must specified in paragraph A.5. of this appendix. The dehooking end that secures the fishhook allow access to the hook or line without Release gear specified in paragraphs A.6. must be blunt and all edges rounded. The causing further injury to the sea turtle. through A.12. of this appendix must be used dehooker must be of a size appropriate to Design standards are included in the item to remove fishing gear from sea turtles. All secure the range of hook sizes and styles used descriptions. At least two of the seven sea turtles up to 3 ft (0.9 m) carapace (shell) on the vessel. different types of mouth openers or mouth length must be brought on board to remove (ii) Specifications. The dehooker must be gags described in paragraphs A.12.(a) through fishing gear if sea conditions allow. constructed of 316L or 304L stainless steel. (g) of this appendix are required. (a) Place a sea turtle upright on its bottom The shaft must be 3⁄16 inch (4.8-mm) to 5⁄16 (a) A block of hard wood. A block of hard shell on a cushion or support device, as inch (7.9-mm) in diameter. The shaft must be wood of a type that does not splinter (e.g., specified in paragraph A.6. of this appendix, 16 to 24 inches (40.6 to 60.7 cm) long with maple) with rounded and smoothed edges, or to immobilize it and facilitate gear removal. approximately a 4 to 6-inch (10.2 to 15.2-cm) a wooden-handled brush with the bristles Then, determine if the fishing gear can be long tube T-handle, wire loop handle, or removed. The dimensions must be a removed without causing further injury. All similar. minimum of 10 inches (25.4 cm) by 3⁄4 inch externally embedded hooks should be (b) Squeeze handle dehooker—(i) General. (1.9 cm) by 3⁄4 inch (1.9 cm). removed, unless hook removal would result The dehooking end that secures the fishhook (b) A set of three canine mouth gags. A set in further injury to the sea turtle. No attempt must be blunt and all edges rounded. The of canine mouth gags must include one of to remove a hook should be made if it has dehooker must be able to secure the range of each of the following sizes: small—5 inches been swallowed and the insertion point of hook sizes and styles used on the vessel. This (12.7 cm), medium—6 inches (15.2 cm), and the hook is not clearly visible, or if it is dehooker secures a fishhook for removal by large—7 inches (17.8 cm). They must be determined that removal would result in squeezing the handles together using one constructed of stainless steel. further injury to the sea turtle. hand to grab and pull the hook into notches (c) A set of two sturdy dog chew bones. (b) If a hook cannot be removed, remove as at the top of the shaft of the dehooker. Required canine chews must be constructed much line as possible from the sea turtle and (ii) Specifications. The dehooker must be of durable nylon or thermoplastic polymer, the hook using monofilament cutters as constructed of 316L or 304L stainless steel. and strong enough to withstand biting specified in paragraph A.11. of this The overall length must be a minimum of 11 without splintering. To accommodate a appendix, and as much of the hook as inches (27.9 cm) long. variety of sea turtle beak sizes, a set must possible should be removed before releasing 9. Long-nose or needle-nose pliers. One include one large (51⁄2 to 8 inches (14 cm to the sea turtle, using bolt cutters as specified pair of long-nose or needle-nose pliers is 20.3 cm) in length), and one small (31⁄2 to 41⁄2 in paragraph A.10. of this appendix. required on board. Required long-nose or inches (8.9 cm to 11.4 cm) in length) canine (c) If a hook can be removed, an effective needle-nose pliers can be used to remove chew bones. technique may be to cut off the barb or the

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eye of the hook using bolt cutters, and then gear in neutral position, and then lower the 3. Other sea turtle requirements. Any sea to slide the hook out. When the hook is sea turtle into the water from a low part on turtle taken incidentally while fishing, visible in the mouth, a mouth opener or the vessel, in an area where the sea turtle is regardless of whether the sea turtle is alive mouth gag, as specified in paragraph A.12. of unlikely to be recaptured or injured by or dead, or whether it is brought on board, this appendix, may facilitate opening the sea vessels. must not be consumed, sold, landed, turtle’s mouth and keeping the mouth open. (g) A sea turtle is determined to be dead offloaded, transshipped, or kept below deck. Short-handled dehookers for internal hooks, if the muscles are stiff (rigor mortis) and/or C. Incorporation by reference. The or long-nose or needle-nose pliers, as the flesh has begun to rot; otherwise the sea standards required in paragraphs A. and B. specified in paragraphs A.7. and A.8. of this turtle is determined to be comatose or of this appendix are incorporated by appendix, respectively, should be used to inactive, and resuscitation attempts are reference into this appendix with the remove visible hooks from the mouth that necessary as specified in paragraph B.1.(e). approval of the Director of the Federal have not been swallowed on boated sea (h) A sea turtle that fails to respond to the Register under 5 U.S.C. 552(a) and 1 CFR part turtles, as appropriate. reflex test or fails to move within 4 hours (up 51. All approved material is available for (d) If a sea turtle appears comatose or to 24 hours if possible) must be returned to inspection at the National Marine Fisheries inactive, follow the NMFS resuscitation the water in the same manner as that for an Service, Southeast Regional Office, 263 13th protocols to attempt revival before its release. actively moving sea turtle. Ave. South, St. Petersburg, FL 33701, phone: As much gear as possible must be removed 2. Sea turtles that cannot be brought on 727–824–5301, website: https:// from the sea turtle without causing further board. If a sea turtle is too large, or is hooked www.fisheries.noaa.gov/southeast/ injury prior to its release. or entangled in a manner that prevents endangered-species-conservation/sea-turtle- (e) Sea turtle resuscitation. Resuscitation bringing the sea turtle on board safely and and-smalltooth-sawfish-release-gear- must be attempted on any sea turtle that is without causing further injury, release gear protocols, and is available from the sources comatose or appears inactive by the specified in paragraph A. of this appendix listed below. It is also available for following methods: must be used to remove the maximum inspection at the National Archives and (i) Place the sea turtle upright on its bottom amount of fishing gear from the sea turtle, or Records Administration (NARA). For shell and elevate its hindquarters at least 6 to remove as much line as possible from the information on the availability of this inches (15.2 cm) to drain any water from the sea turtle or from a hook that cannot be material at NARA, email fedreg.legal@ sea turtle for a period of at least 4 hours and removed prior to releasing the sea turtle. nara.gov or go to www.archives.gov/federal- up to 24 hours. The amount of the elevation (a) A non-boated sea turtle should be register/cfr/ibr-locations.html. depends on the size of the sea turtle; greater brought close to the boat. Then, determine 1. U.S. Department of Commerce, National elevations are needed for larger sea turtles. whether the hook can be removed without Oceanic and Atmospheric Administration, (ii) Periodically rock the sea turtle gently causing further injury to the sea turtle. All National Marine Fisheries Service, Southeast from left to right by holding the outer edge externally embedded hooks should be Fisheries Science Center, 75 Virginia Beach of the shell (carapace) and lift one side about removed, unless hook removal would result Drive, Miami, FL 33149. 3 inches (7.6 cm), and then alternate to the in further injury to the sea turtle. No attempt (a) Careful Release Protocols for Sea Turtle other side. should be made to remove a hook if it has Release with Minimal Injury, NOAA (iii) The sea turtle being resuscitated must been swallowed and the insertion point is Technical Memorandum NMFS–SEFSC–735, be shaded and kept damp or moist. Do not not clearly visible, or if it is determined that Stokes, L., and Bergmann, C. (Editors), 2019. put the sea turtle into a container holding removal would result in further injury. (b) [Reserved] water. A water-soaked towel placed over the (b) If the hook cannot be removed or if the 2. U.S. Department of Commerce, National head, shell, and flippers is the most effective sea turtle is only entangled, remove as much Oceanic and Atmospheric Administration, method to keep a sea turtle moist. line as possible prior to its release using a National Marine Fisheries Service, Southeast (iv) Gently touch the corner of the eye and long-handled line cutter or monofilament Regional Office, 263 13th Ave. South, St. pinch the tail (reflex test) periodically to see line cutters specified in paragraphs A.1. and Petersburg, FL 33701. if there is a response indicating the sea turtle A.11. of this appendix. (a) Sea Turtle Handling/Release may be recovering. (c) If the hook can be removed, it must be Guidelines: Quick Reference for Hook and (f) Sea turtle release. A sea turtle that is removed using the appropriate dehooker or Line Fisheries, English, Spanish, Vietnamese, actively moving or determined to be dead as other hook removal device specified in Revised April 2019. described in paragraph B.1.(g) of this paragraph A. of this appendix. Without (b) [Reserved] appendix must be released. Release the sea causing further injury, as much gear as turtle when fishing gear is not in use to avoid possible must be removed from the sea turtle [FR Doc. 2019–26363 Filed 12–6–19; 8:45 am] recapturing the sea turtle. Place the engine prior to its release. BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 236

Monday, December 9, 2019

This section of the FEDERAL REGISTER www.ams.usda.gov/event/national- making recommendations. The NOP contains notices to the public of the proposed organic-standards-board-nosb-meeting- strongly prefers comments be submitted issuance of rules and regulations. The crystal-city-va. electronically. However, written purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: Ms. comments may also be submitted (i.e., persons an opportunity to participate in the rule making prior to the adoption of the final Michelle Arsenault, Advisory postmarked) via mail to the person rules. Committee Specialist, National Organic listed under FOR FURTHER INFORMATION Standards Board, USDA–AMS–NOP, CONTACT by or before the deadline. 1400 Independence Ave. SW, Room Oral Comments: The NOSB is offering 2642–S, Mail Stop 0268, Washington, DEPARTMENT OF AGRICULTURE the public multiple dates and DC 20250–0268; Phone: (202) 720–3252; opportunities to provide oral comments Agricultural Marketing Service Email: [email protected]. and will accommodate as many SUPPLEMENTARY INFORMATION: The NOSB individuals and organizations as time 7 CFR Part 205 makes recommendations to the USDA permits. Persons or organizations about whether substances should be [Document Number AMS–NOP–19–0095– wishing to make oral comments must NOP–19–06] allowed or prohibited in organic production and/or handling, assists in pre-register by 11:59 p.m. ET, April 3, Meeting of the National Organic the development of standards for 2020, and can register for only one Standards Board organic production, and advises the speaking slot: Either during the Secretary on other aspects of the webinars scheduled for April 21 & 23, AGENCY: Agricultural Marketing Service, implementation of the OFPA. The or at the in-person meeting, scheduled USDA. NOSB is holding a public meeting to for April 29–May 1, 2020. Due to the ACTION: Notice of public meeting. discuss and vote on proposed limited time allotted for in-person public comments during the in-person SUMMARY: In accordance with the recommendations to the USDA, to meeting, commenters are strongly Federal Advisory Committee Act, as receive updates from the USDA amended, the Agricultural Marketing National Organic Program (NOP) on encouraged to comment during the Service (AMS), U.S. Department of issues pertaining to organic agriculture, webinar(s). Instructions for registering Agriculture (USDA), is announcing a and to receive comments from the and participating in the webinar can be meeting of the National Organic organic community. The meeting and found at www.ams.usda.gov/ Standards Board (NOSB). The NOSB webinars are open to the public. No NOSBMeetings. registration is required except to sign up assists the USDA in the development of Meeting Accommodations: The for oral comments. All meeting standards for substances to be used in meeting hotel is Americans with documents and instructions for organic production and advises the Disabilities Act compliant, and the Secretary of Agriculture on any other participating will be available on the AMS website at https:// USDA provides reasonable aspects of the implementation of the accommodation to individuals with Organic Foods Production Act (OFPA). www.ams.usda.gov/event/national- organic-standards-board-nosb-meeting- disabilities where appropriate. If you DATES: An in-person meeting will be crystal-city-va. Please check the website need a reasonable accommodation to held April 29–May 1, 2020, from 8:30 periodically for updates. Meeting topics participate in this public meeting, a.m. to approximately 6:00 p.m. Eastern will encompass a wide range of issues, please notify the person listed under Time. The Board will hear oral public including substances petitioned for FOR FURTHER INFORMATION CONTACT. comments via webinars on Tuesday, addition to or removal from the National Determinations for reasonable April 21, 2020 and Thursday, April 23, List of Allowed and Prohibited accommodation will be made on a case- 2020, from 1:00 p.m. to approximately Substances (National List), substances by-case basis. 4:00 p.m. Eastern Time, and at the in- on the National List that are under Dated: December 4, 2019. person meeting on Wednesday, April sunset review, and guidance on organic Bruce Summers, 29, 2019 and Thursday, April 30, 2020. policies. Participants and attendees may The deadline to submit written take photos and video at the meeting, Administrator, Agricultural Marketing comments and/or sign up for oral but not in a manner that disturbs the Service. comment at either the webinar or in- proceedings. [FR Doc. 2019–26446 Filed 12–6–19; 8:45 am] person meeting is 11:59 p.m. ET, April BILLING CODE 3410–02–P 3, 2020. Public Comments ADDRESSES: The webinars are virtual Comments should address specific and will be accessed via the internet topics noted on the meeting agenda. and/or phone. Access information will Written Comments: Written public be available on the AMS website prior comments will be accepted on or before to the webinars. The in-person meeting 11:59 p.m. ET on April 3, 2020, via will take place at the Westin Crystal http://www.regulations.gov: Docket City, 1800 Richmond Highway, #AMS–NOP–19–0095. Comments Arlington, Virginia 22202, United submitted after this date will be States. Detailed information pertaining provided to the NOSB, but Board to the webinars and in-person meeting members may not have adequate time to can be found at https:// consider those comments prior to

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DEPARTMENT OF HOMELAND USCIS cannot accept any comments that You may review these documents on SECURITY are hand delivered or couriered. In the electronic docket. The software 1 addition, USCIS cannot accept mailed used to compute the immigration 8 CFR Parts 103, 106, 204, 211, 212, comments contained on any form of benefit request fees 2 and biometric 214, 216, 223, 235, 236, 240, 244, 245, digital media storage devices, such as fees 3 is a commercial product licensed 245a, 248, 264, 274a, 301, 319, 320, 322, CDs/DVDs and USB drives. to USCIS that may be accessed on-site, 324, 334, 341, 343a, 343b, and 392 FOR FURTHER INFORMATION CONTACT: Kika by appointment, by calling (202) 272– 4 [CIS No. 2627–18; DHS Docket No. USCIS– M. Scott, Chief Financial Officer, U.S. 1969. 2019–0010] Citizenship and Immigration Services, II. Extension of Comment Period Department of Homeland Security, 20 RIN 1615–AC18 Massachusetts Avenue NW, On November 14, 2019, DHS published the aforementioned proposed U.S. Citizenship and Immigration Washington, DC 20529–2130, telephone (202) 272–8377. rule. See 84 FR 62280. DHS has received Services Fee Schedule and Changes to requests to extend the comment period SUPPLEMENTARY INFORMATION: Certain Other Immigration Benefit for this rulemaking. In consideration of Request Requirements I. Public Participation these requests, and to provide AGENCY: U.S. Citizenship and DHS invites you to participate in this additional time for the public to review Immigration Services, DHS. rulemaking by submitting written data, the supplemental information below, the comment deadline is extended from ACTION: Proposed rule; extension of views, or arguments on all aspects of the proposed rule. Comments providing the December 16, 2019 through December comment period; availability of 30, 2019. supplemental information. most assistance to DHS will reference a specific portion of the proposed rule, DHS also notes and clarifies the SUMMARY: The Department of Homeland explain the reason for any comment period for the information Security (DHS) is extending the recommended change, and include data, collection requests (forms) that the comment period for its November 14, information, or authority that supports proposed rule would revise in 2019, notice of proposed rulemaking the recommended change. accordance with the Paperwork (NPRM or ‘‘proposed rule’’) regarding Instructions: All submissions should Reduction Act. The comment period for the USCIS Fee Schedule and Changes to include the agency name and DHS the NPRM will end on December 30, Certain Other Immigration Benefit Docket No. USCIS–2019–0010 for this 2019, including comments on the forms Request Requirements. DHS is also rulemaking. Providing comments is DHS must submit to OMB for review and approval under the Paperwork announcing the availability of entirely voluntary. Regardless of how Reduction Act of 1995, 44 U.S.C. 3501– supplemental information to inform the you submit your comment, DHS will 12. The NPRM contained erroneous public of information related to the post all submissions, without change, to references to comments being accepted NPRM. This supplement describes the the Federal eRulemaking Portal at for 60 days from the publication date of projected costs associated with http://www.regulations.gov and will the proposed rule. See 84 FR 62349, supporting immigration adjudication include any personal information you 62350, 62351, 62352, 62353, 62354, and naturalization services for which provide. Because the information you 62355, 62356. USCIS will reimburse U.S. Immigration submit will be publicly available, you and Customs Enforcement. This should consider limiting the amount of III. Supplemental Information document also clarifies the comment personal information in your Regarding ICE Activities To Be Funded period on the proposed information submission. DHS may withhold by the IEFA information provided in comments from collection revisions in the NPRM. This a. Background announcement ensures that the public public viewing if it determines that such has an opportunity to comment on the information is offensive or may affect In the proposed rule, DHS proposed supplemental materials. the privacy of an individual. For to recover, via USCIS’ fee schedule, the additional information, please read the full amount of the proposed transfer DATES: The comment period for the Privacy Act notice available through the from USCIS to ICE that was contained NPRM published November 14, 2019, at link in the footer of http:// in past budget requests. See 84 FR 84 FR 62280, is extended to December www.regulations.gov. 62287. The IEFA may be used to 30, 2019. Docket: For access to the docket, go to reimburse appropriations that fund ADDRESSES: You may submit comments, http://www.regulations.gov and enter enforcement and support positions of identified by DHS Docket No. USCIS– this rulemaking’s eDocket number: U.S. Immigration and Customs 2019–0010, by one of the following USCIS–2019–0010. The docket includes methods: additional documents that support the 1 USCIS uses commercially available activity- • Federal eRulemaking Portal: http:// analysis contained in the proposed rule based costing (ABC) software, SAP Business Objects www.regulations.gov. Follow this site’s to determine the specific fees that are Profitability and Cost Management, to create financial models as described in the supporting instructions for submitting comments. proposed. These documents include: • • documentation. Mail: Samantha Deshommes, Chief, Fiscal Year (FY) 2019/2020 2 Benefit request means any application, petition, Regulatory Coordination Division, Immigration Examinations Fee Account motion, appeal, or other request relating to an Office of Policy and Strategy, U.S. Fee Review Supporting Documentation; immigration or naturalization benefit, whether such Citizenship and Immigration Services, • Regulatory Impact Analysis: U.S. request is filed on a paper form or submitted in an electronic format, provided such request is Department of Homeland Security, 20 Citizenship and Immigration Services submitted in a manner prescribed by DHS for such Massachusetts Avenue NW, Mailstop Fee Schedule and Changes to Certain purpose. See 8 CFR 1.2. #2140, Washington, DC 20529–2140. To Other Immigration Benefit Request 3 DHS uses the terms biometric fees, biometric ensure proper handling, please Requirements; and services fees, and biometric fee synonymously in reference DHS Docket No. USCIS–2019– • Small Entity Analysis for this rule to describe the cost and process for capturing, storing, or using biometrics. 0010 in your correspondence. Mail must Adjustment of the U.S. Citizenship and 4 The proposed rule describes key inputs to the be postmarked by the comment Immigration Services Fee Schedule ABC model (for example, budget, workload submission deadline. Please note that notice of proposed rulemaking (NPRM). forecasts, staffing, and completion rates).

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Enforcement (ICE) to the extent that Activity-Based Costing (ABC) consistent immigration adjudication and such positions support adjudication and with OMB Circular A–25, the Statement naturalization services to calculate the naturalization services. of Federal Financial Accounting amount needed to be transferred from DHS proposed to recover as much as Standards (SFFAS–4): Managerial Cost the USCIS-managed IEFA to ICE to fully $207.6 million in ICE expenses via Accounting Concepts and Standards for recover all costs for ICE administered USCIS’ fee schedule, and described the Federal Government, and other immigration adjudication and some categories of eligible costs. See id. relevant financial management naturalization services.5 DHS wrote that it ‘‘continues to study directives as described in the November c. Fees To Support Operations which ICE costs would be reimbursable 14, 2019 proposed rule. 84 FR 62280, through the IEFA, and may announce 62283. ICE used an ABC approach to ICE Homeland Security Investigations more precise cost estimates prior to define full cost, outline the sources of (HSI) would use funds transferred from publication of a final rule. To the extent cost for providing the investigation of the IEFA to support investigations of that such cost estimates are lower than immigration adjudication and immigration benefit fraud via Document the $207.6 million figure currently naturalization services and the and Benefit Fraud Task Forces accounted for in the rule, fee levels collection, safeguarding, and accounting (DBFTFs), Operation Janus, the HSI would be revised downward.’’ See id. at for fees deposited in and funds National Lead Development Center, and 62288. This document announces such reimbursed from the IEFA. These costs other immigration adjudication and cost estimates, which are lower than the do not include costs associated with the naturalization activities. Under INA $207.6 million figure in the proposed Student and Exchange Visitor Program section 286(m) and (n), 8 U.S.C. 1356(m) rule. DHS therefore anticipates a (SEVP). ICE conducts a separate ABC and (n), adjudication and naturalization downward adjustment in the proposed analysis to set SEVP fees. services include all costs for work fees. See id. A critical element in building the related to determining whether Specifically, following further study, ABC model was for ICE to identify the applicants may receive the benefit of DHS now proposes to recover, via sources and cost for all expenses in such services. The cost of the services USCIS’ fee schedule, $112,287,417 for providing immigration adjudication and provided includes the cost of any allowable costs, instead of the $207.6 naturalization services. Consistent with investigatory work necessary to million referenced in the proposed rule. the applicable law and guidance as adjudicate applications or provide DHS proposes to establish USCIS fees at stated in the November 14, 2019 services, including investigations of a level necessary to recover the full proposed rule, the proposed transfer fraud. Moving forward, USCIS will amount of this proposed transfer in from USCIS to ICE would recover the reimburse ICE for costs associated with addition to the costs of operating USCIS. full cost of providing immigration supporting immigration adjudication This document explains how those ICE adjudication and naturalization and naturalization services. Table 1 costs were determined. services. After identifying which case provides a detailed list of case activities activities can be covered by IEFA funds, that can be paid for with IEFA funds as b. Methodology the total investigative hours were they directly relate to the investigation DHS estimated the ICE projected costs estimated for the case activities. ICE of the immigration adjudication and to be funded through the IEFA using used the full cost of providing naturalization process.

TABLE 1—IDENTITY AND BENEFIT FRAUD ACTIVITIES [As of November 2019]

Activity Detailed description

General Investigative Activities ...... Covers investigation of benefit fraud of adjudication and naturalization services. Employment Fraud ...... Covers employment benefit fraud in the context of adjudication and naturalization services. Family Fraud ...... Covers family-based benefit fraud in the context of adjudication and naturalization services. Non-Employment Visa Fraud ...... Closely tied to benefit fraud of adjudication and naturalization services. Marriage Fraud ...... Covers marriage-based benefit fraud in the context of adjudication and naturalization services. Refugee Fraud ...... Covers refugee-based benefit fraud in the context of adjudication and naturalization services. Asylum Fraud ...... Covers asylum-based benefit fraud in the context of adjudication and naturalization services. Citizenship/Naturalization Fraud ...... Covers benefit fraud of adjudication and naturalization services. Deferred Action for Childhood Arrivals (DACA) Covers activities related to specific fraud investigations that USCIS refers to ICE for investiga- Fraud. tion. Petition for Relief of Seizure ...... Covers costs associated with investigating relief of seizure when property had been seized as part of a fraud investigation in the context of adjudication and naturalization services. Benefit Fraud ...... Covers identity benefit fraud cases directly related to adjudication and naturalization fraud. Unauthorized Practice of Immigration Law Covers fraud related to individuals acting as an attorney or authorized legal representative for (UPIL)/Notario Fraud. aliens in an attempt to fraudulently obtain a USCIS benefit. Document Benefit Fraud Task Force (DBFTF) .. Targets criminal enterprises and individuals who attempt to use document and benefit fraud to compromise the integrity of the immigration system. IEFA-funded personnel improve DBFTFs’ information sharing, reduce duplication of efforts, and increase the effectiveness of investigations alongside our Federal, State, and local law enforcement partners. Operation Janus (Special Interest Alien (SIA) Covers naturalization fraud by an alien that’s been identified through biometrics for having an Fraud). alternative identity. EB–5 Investor Fraud ...... Covers benefit fraud case for investing $900,000+ into a business solely to gain immigration status.

5 Additional HSI agents and requisite support staff would need to be hired in order to complete the additional work contemplated.

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TABLE 1—IDENTITY AND BENEFIT FRAUD ACTIVITIES—Continued [As of November 2019]

Activity Detailed description

Juvenile Deferred Action ...... Covers routine investigative activities to support DACA adjudication and/or to confirm the DACA application information. H&L Visa Fraud ...... Covers benefit fraud by illegally obtaining H and L visas. Benefit Fraud Assessment ...... Statistical analysis of benefit fraud. HQ-Denaturalization Referrals ...... Covers naturalization fraud relating to the vetting of denaturalization referrals from the Depart- ment of State and other federal agencies, now being conducted by ICE. Executive Office for Immigration Review (EOIR) Covers investigative activities that focus on USCIS fraud that were referred from EOIR. Referral. USCIS Historical Fingerprint Enrollment (HFE) Covers activities related to HFE referrals from USCIS. Referrals. Military Marriage Fraud ...... Covers benefit fraud from a military marriage. Sex Offender Naturalization ...... Covers fraud during the naturalization process, by not disclosing the fact that they have a criminal record relating to sex offenses, and the benefit would not have been awarded had the criminal history been disclosed.

DHS notes that the aforementioned DHS forecast of 5.2 percent growth in Personnel Management Classification list of activities serves as the basis for FY 2020 based on historical averages Position Number 1811).6 Total FTEs cost projections and is not intended to was applied to account for future costs. were then translated into a total cost for be all-inclusive. DHS may use IEFA Table 2 outlines the percent change of all HSI criminal investigators. Total cost revenue to reimburse any IEFA-eligible activity hours by fiscal year. of HSI criminal investigators was expense, regardless of whether DHS derived using an ICE Budget-approved considered those expenses when setting TABLE 2—IEFA HOURS BY FISCAL modular cost table that accounts for fees. YEAR salary, compensation, locality payment, mission essential equipment (e.g., d. Expansion of Investigations IEFA activity Percent uniforms, technical equipment, Fiscal year hours change ICE HSI case hours from Fiscal Year supplies, and training), and inflation. (FY) 2017, FY 2018, and FY 2019 are FY 2017 ...... 517,531 ...... Mission Support staff is also needed used to estimate future expenditures on FY 2018 ...... 547,774 5.84 to support the investigators. To those activities. Using an activity-based FY 2019 ...... 572,004 4.42 determine the mission support FTEs cost model consistent with DHS FY 2020 * ...... 601,748 5.2 required, a mission support ratio of 0.32 methodology for USCIS fee setting, the FY 2021 * ...... 601,748 0 to each criminal investigator was number of case hours were translated * Denotes forecast. derived by taking the total number of into total cost of full-time equivalents mission support FTEs divided by the (FTEs) needed to cover activities that e. Projected Cost Estimates by Fiscal total number of investigators from the DHS proposes to fund with IEFA funds. Year ICE FY 2017 to FY 2019 Table of DHS estimated a 5.2 percent growth rate In FY 2017, 2018, and 2019 HSI Organization Position System (TOPS) from FY 2020 projections and 1.9 agents worked a total of 517,531 hours, data. This FTE total was then translated percent constant rate to FY 2021 to fully 547,774 hours and 572,004 hours, into total Mission Support Cost using fund the cost of future expenses respectively, on IEFA reimbursable the ICE Budget-approved cost table that consistent with recent trends in the related activities. To determine the accounts for salary, compensation, hours spent providing immigration number of IEFA activity hours for FY locality payment, mission essential adjudication and naturalization 2020, ICE analyzed historical growth equipment, supplies, trainings, and services. The projected growth rate is rates from the three preceding years, inflation. based on the growth rate for case hours which averaged approximately 5.2 ICE estimates that it will spend in FY 2017 (517,531 hours), FY 2018 percent. The IEFA activity hours for FY approximately 601,748 investigative (547,774 hours), and FY 2019 (572,004 2021 may remain the same. This results hours on IEFA reimbursable activities in hours). There was a 5.84 percent in a ‘‘total hours’’ projection of 601,748 FY 2021. That results in an estimated increase in HSI investigative case hours hours for FY 2020, and 601,748 hours 355 criminal investigators and 113 from FY 2017 to FY 2018 and a 4.42 for FY 2021. Hours were then translated mission support professionals being percent increase in investigative case into an FTE count for an ICE, HSI required.7 Table 3 outlines the cost hours from FY 2018 to FY 2019. The Criminal Investigator (U.S. Office of estimate for the services provided.

6 U.S. Office of Personnel Management, General standards/1800/criminal-investigator-treasury- the level of services ICE provides to support USCIS Schedule Qualifications Standards, https:// enforcement-agent-1811/. within a given year. www.opm.gov/policy-data-oversight/classification- 7 Actual needs may be slightly more or less based qualifications/general-schedule-qualification- on the ability to hire and on-board personnel and

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TABLE 3—COST ESTIMATE FOR IMMIGRATION ADJUDICATION AND NATURALIZATION SERVICES

HSI FTE Frontline (1811 series) Mission support HSI mission Total cost IEFA HSI cost FTE (HSI 1811 support cost (HSI 1811 FTE Fiscal year activity 1811 (HSI 1811 FTE * MS FTE (MS FTE * fully frontline cost + hours FTE FTE * fully to 1811 ratio) burdened MS FTE HSI MS cost) burdened 1811 cost) FTE cost)

FY 2017 ...... 517,531 305 $77,750,217 96 $17,021,439 $94,771,656 FY 2018 ...... 547,774 323 82,293,713 102 18,016,122 100,309,835 FY 2019 ...... 572,004 337 85,933,858 107 18,813,040 104,746,897 FY 2020 ...... 601,748 355 90,402,418 113 19,791,318 110,193,736 FY 2021 * ...... 601,748 355 92,120,064 113 20,167,353 112,287,417 * Denotes forecast.

As a result, DHS projects an annual Airbus Helicopters Model AS332C, Helicopters, 2701 N. Forum Drive, transfer to ICE of $112,287,417, rather AS332C1, AS332L, and AS332L1 Grand Prairie, TX 75052; telephone than $207.6 million. Because the helicopters. This proposed AD would 972–641–0000 or 800–232–0323; fax projected annual transfer to ICE is lower require determining the accumulated 972–641–3775; or at https:// than DHS previously proposed, the hours time-in-service (TIS) of certain www.airbus.com/helicopters/services/ proposed fee levels would be reduced part-numbered main gearbox (MGB) technical-support.html. You may review accordingly. As the NPRM stated, the suspension bar attachment fittings the referenced service information at the fees that DHS proposed may change in (fittings) and bolts, and would establish FAA, Office of the Regional Counsel, the final rule based on policy decisions, new life limits. This proposed AD is Southwest Region, 10101 Hillwood in response to public comments, prompted by the outcome of tests and Pkwy., Room 6N–321, Fort Worth, TX intervening legislation, and other analyses performed by Airbus 76177. reasons. 84 FR 62327. In the NPRM, to Helicopters. The actions of this FOR FURTHER INFORMATION CONTACT: Matt reduce uncertainty, USCIS laid out what proposed AD are intended to address an Fuller, Senior Aviation Safety Engineer, the fees would be if certain conditions unsafe condition on these products. Safety Management Section, Rotorcraft materialize and explained that the final DATES: The FAA must receive comments Standards Branch, FAA, 10101 fees would be one of the scenarios on this proposed AD by February 7, Hillwood Pkwy., Fort Worth, TX 76177; presented, or an amount in between the 2020. telephone 817–222–5110; email highest and lowest fees proposed. Id. ADDRESSES: You may send comments by [email protected]. Table 21 in the NPRM outlines the any of the following methods: SUPPLEMENTARY INFORMATION: proposed fee levels contained in the • Federal eRulemaking Docket: Go to Comments Invited proposed rule that would result if the https://www.regulations.gov. Follow the ICE transfer of $207.6 million either did online instructions for sending your The FAA invites you to participate in or did not occur. Because the estimated comments electronically. this rulemaking by submitting written amount of the transfer is $112,287,417 • Fax: 202–493–2251. comments, data, or views. The FAA also million, the resulting fee schedule • Mail: Send comments to the U.S. invites comments relating to the would, all else remaining the same, be Department of Transportation, Docket economic, environmental, energy, or somewhere between those two levels. Operations, M–30, West Building federalism impacts that might result from adopting the proposals in this Chad F. Wolf, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC document. The most helpful comments Acting Secretary. 20590–0001. reference a specific portion of the [FR Doc. 2019–26521 Filed 12–6–19; 8:45 am] • Hand Delivery: Deliver to the proposal, explain the reason for any BILLING CODE 9111–97–P ‘‘Mail’’ address between 9 a.m. and 5 recommended change, and include p.m., Monday through Friday, except supporting data. To ensure the docket Federal holidays. does not contain duplicate comments, DEPARTMENT OF TRANSPORTATION commenters should send only one copy Examining the AD Docket of written comments, or if comments are Federal Aviation Administration You may examine the AD docket on filed electronically, commenters should the internet at https:// submit only one time. 14 CFR Part 39 www.regulations.gov by searching for The FAA will file in the docket all [Docket No. FAA–2019–1015; Product and locating Docket No. FAA–2019– comments that the FAA receives, as Identifier 2018–SW–104–AD] 1015; or in person at Docket Operations well as a report summarizing each between 9 a.m. and 5 p.m., Monday substantive public contact with FAA RIN 2120–AA64 through Friday, except Federal holidays. personnel concerning this proposed Airworthiness Directives; Airbus The AD docket contains this proposed rulemaking. Before acting on this Helicopters AD, the European Aviation Safety proposal, the FAA will consider all Agency (EASA) AD, the economic comments the FAA receives on or before AGENCY: Federal Aviation evaluation, any comments received, and the closing date for comments. The FAA Administration (FAA), DOT. other information. The street address for will consider comments filed after the ACTION: Notice of proposed rulemaking Docket Operations is listed above. comment period has closed if it is (NPRM). Comments will be available in the AD possible to do so without incurring docket shortly after receipt. expense or delay. The FAA may change SUMMARY: The FAA proposes to adopt a For service information identified in this proposal in light of the comments new airworthiness directive (AD) for this proposed rule, contact Airbus the FAA receives.

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Discussion 11, 2018. This service information Determining the total hours TIS of the EASA, which is the Technical Agent specifies determining the accumulated rear MGB fittings would take about 0.5 for the Member States of the European hours TIS of certain part-numbered rear work-hour for an estimated cost of $43 Union, has issued EASA AD No. 2018– MGB suspension bar fittings and screws. per helicopter and $602 for the U.S. 0260, dated December 3, 2018 (EASA This service information further fleet. AD 2018–0260), to correct an unsafe specifies criteria to determine the initial Replacing a rear MGB fitting and its condition for Airbus Helicopters replacement compliance time of those set of four bolts would take about 8 (formerly Eurocopter, Eurocopter parts and a new life limit for those parts work-hours and parts would cost about France, Aerospatiale) Model AS 332 C, thereafter. This service information also $12,937, for an estimated cost of AS 332 C1, AS 332 L, and AS 332 L1 establishes a life limit for the front MGB $13,617 per replacement cycle. helicopters. attachment screws. Replacing a set of four MGB From review of reported Model EC Proposed AD Requirements attachment bolts would take about 4 225 LP data, EASA advises that the work-hours and parts would cost about This proposed AD would require, $224, for an estimated cost of $564 per installation of the MGB upper deck within 50 hours TIS, reviewing the fittings of the three MGB suspension replacement cycle. helicopter records to determine the total Replacing a LH rear MGB fitting bars could lead to tightening torque loss hours TIS of the MGB suspension bar on the fittings’ attachment screws would take about 8 work-hours and right-hand side (RH) rear fitting part parts would cost about $12,713, for an (bolts). Due to design similarities, Model number (P/N) 330A22–2702–07 and of AS332L2 helicopters could also be estimated cost of $13,393 per the MGB suspension bar left-hand side replacement cycle. affected by the same installation (LH) rear fitting P/N 330A22–2702–06. condition. Investigations determined This proposed AD would initially Authority for This Rulemaking that the life limits in the Airworthiness require removing from service the RH Title 49 of the United States Code Limitations Sections for the screws and rear fitting and its bolts P/N 330A22– fittings are valid if an ‘‘add-on penalty specifies the FAA’s authority to issue 0135–20 and the LH rear fitting and its rules on aviation safety. Subtitle I, factor’’ is applied. Based on these bolts P/N 330A22–0135–20 based on the findings, EASA issued EASA AD No. section 106, describes the authority of accumulated total hours TIS of the the FAA Administrator. Subtitle VII: 2017–0133 dated July 27, 2017, and fittings and other conditions. Thereafter, then superseded that AD with EASA AD Aviation Programs, describes in more this proposed AD would require detail the scope of the Agency’s No. 2017–0189, dated September 22, removing from service the RH rear 2017, for Model AS 332 L2 and EC 225 authority. fitting and its bolts at intervals not to The FAA is issuing this rulemaking LP helicopters to address this condition. exceed 1,470 hours TIS, removing from Airbus Helicopter subsequently under the authority described in service the LH rear fitting at intervals Subtitle VII, Part A, Subpart III, Section performed testing on Model AS 332 C, not to exceed 13,600 hours TIS, and AS 332 C1, AS 332 L, and AS 332 L1 44701: General requirements. Under removing from service the LH rear bolts that section, Congress charges the FAA helicopters due to design similarities, during each Major Inspection ‘‘G.’’ This and determined a life limit reduction of with promoting safe flight of civil proposed AD would also require aircraft in air commerce by prescribing the MGB suspension bar fittings and removing from service the front bolts P/ screws was necessary for these model regulations for practices, methods, and N 330A22–0134–20 during each Major procedures the Administrator finds helicopters. Accordingly, EASA AD Inspection ‘‘G.’’ 2018–0260 was issued for these model necessary for safety in air commerce. helicopters to require determining the Differences Between This Proposed AD This regulation is within the scope of accumulated service life of the affected and the EASA AD that authority because it addresses an unsafe condition that is likely to exist or parts and to introduce new life limits. The EASA AD allows an option for develop on products identified in this EASA states that this condition, if not the first MGB RH rear attachment fitting rulemaking action. corrected, could lead to structural replacement to inspect torque and failure of the MGB suspension bar specifies different replacement Regulatory Findings fittings and screws, possibly resulting in compliance times based on the torque The FAA determined that this detachment of the MGB suspension inspection results, whereas this bars. proposed AD would not have federalism proposed AD does not. implications under Executive Order FAA’s Determination Interim Action 13132. This proposed AD would not These helicopters have been approved The FAA considers this proposed AD have a substantial direct effect on the by EASA and are approved for operation to be an interim action. The design States, on the relationship between the in the United States. Pursuant to the approval holder is currently developing national Government and the States, or FAA’s bilateral agreement with the a modification that will address the on the distribution of power and European Union, EASA has notified the unsafe condition identified in this AD. responsibilities among the various FAA of the unsafe condition described Once this modification is developed, levels of government. in its AD. The FAA is proposing this AD approved, and available, the FAA might For the reasons discussed, I certify after evaluating all known relevant consider additional rulemaking. this proposed regulation: information and determining that an 1. Is not a ‘‘significant regulatory unsafe condition is likely to exist or Costs of Compliance action’’ under Executive Order 12866; develop on other products of the same The FAA estimates that this proposed 2. Will not affect intrastate aviation in type design. AD affects 14 helicopters of U.S. Alaska; and Registry. Labor costs are estimated at 3. Will not have a significant Related Service Information $85 per work-hour. Based on these economic impact, positive or negative, The FAA reviewed Airbus Helicopters numbers, the FAA estimates the on a substantial number of small entities Alert Service Bulletin No. AS332– following costs to comply with this under the criteria of the Regulatory 01.00.90, Revision 0, dated November proposed AD. Flexibility Act.

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The FAA prepared an economic remove from service the RH rear fitting and (2) The subject of this AD is addressed in evaluation of the estimated costs to its bolts before the fitting accumulates 1,470 European Aviation Safety Agency (EASA) AD comply with this proposed AD and total hours TIS. No. 2018–0260, dated December 3, 2018. You placed it in the AD docket. (iii) For any LH rear fitting that has may view the EASA AD on the internet at accumulated 13,600 or more total hours TIS, https://www.regulations.gov in the AD List of Subjects in 14 CFR Part 39 before further flight, remove from service the Docket. Air transportation, Aircraft, Aviation LH rear fitting and its bolts. (iv) For any LH rear fitting that has (h) Subject safety, Incorporation by reference, accumulated less than 13,600 total hours TIS: Joint Aircraft Service Component (JASC) Safety. (A) If a Major Inspection ‘‘G’’ has not been Code: 6320, Main Rotor Gearbox. The Proposed Amendment completed since the LH rear fitting has been Issued in Fort Worth, Texas, on November installed, remove from service the LH rear 29, 2019. Accordingly, under the authority bolts during the next Major Inspection ‘‘G’’ delegated to me by the Administrator, inspection; or Lance T. Gant, the FAA proposes to amend 14 CFR part Note 1 to paragraph (e)(iv)(A) of this AD: Director, Compliance & Airworthiness 39 as follows: Major Inspection ‘‘G’’ (7,500 hours TIS Division, Aircraft Certification Service. between overhauls) is defined in [FR Doc. 2019–26428 Filed 12–6–19; 8:45 am] PART 39—AIRWORTHINESS Maintenance Manual MET 05–29–00–601. BILLING CODE 4910–13–P DIRECTIVES (B) If a Major Inspection ‘‘G’’ has been completed since the LH rear fitting has been ■ 1. The authority citation for part 39 installed, before further flight, remove from DEPARTMENT OF TRANSPORTATION continues to read as follows: service the LH rear bolts; and (C) Remove from service the LH rear fitting Federal Aviation Administration Authority: 49 U.S.C. 106(g), 40113, 44701. before the fitting accumulates 13,600 total § 39.13 [Amended] hours TIS. (2) Thereafter following paragraph (e)(1) of 14 CFR Part 39 ■ 2. The FAA amends § 39.13 by adding this AD, remove from service any RH rear the following new airworthiness [Docket No. FAA–2018–0019; Product fitting and its bolts at intervals not to exceed Identifier 2017–SW–074–AD] directive (AD): 1,470 hours TIS, remove from service any LH Airbus Helicopters: Docket No. FAA–2019– rear fitting at intervals not to exceed 13,600 RIN 2120–AA64 1015; Product Identifier 2018–SW–104– hours TIS, and remove from service any LH AD. rear bolts during each Major Inspection ‘‘G.’’ Airworthiness Directives; Airbus (3) During the next Major Inspection ‘‘G,’’ Helicopters (a) Applicability remove from service the MGB suspension bar This AD applies to Airbus Helicopters front bolts. Thereafter, remove from service AGENCY: Federal Aviation Model AS332C, AS332C1, AS332L, and the front bolts during each Major Inspection Administration (FAA), DOT. AS332L1 helicopters, certificated in any ‘‘G.’’ category, with a main gearbox (MGB) ACTION: Notice of proposed rulemaking suspension bar right-hand side (RH) rear (f) Alternative Methods of Compliance (NPRM). attachment fitting (fitting) part number (P/N) (AMOCs) 330A22–2702–07 and bolt P/N 330A22– (1) The Manager, Safety Management SUMMARY: The FAA proposes to adopt a 0135–20, MGB suspension bar left-hand side Section, Rotorcraft Standards Branch, FAA, new airworthiness directive (AD) for (LH) rear fitting P/N 330A22–2702–06 and may approve AMOCs for this AD. Send your Airbus Helicopters Model AS332L2 and bolt P/N 330A22–0135–20, or MGB proposal to: Matt Fuller, Senior Aviation EC225LP helicopters. This proposed AD suspension bar front bolt P/N 330A22–0134– Safety Engineer, Safety Management Section, would require determining the 20 installed. Rotorcraft Standards Branch, FAA, 10101 accumulated hours time-in-service (TIS) Hillwood Pkwy., Fort Worth, TX 76177; (b) Unsafe Condition of certain part-numbered main gearbox telephone 817–222–5110; email 9-ASW-FTW- This AD defines the unsafe condition as [email protected]. (MGB) suspension bar attachment bolts MGB suspension bar fittings and bolts (2) For operations conducted under a 14 and fittings, applying a life limit add-on remaining in service beyond their fatigue life. CFR part 119 operating certificate or under factor, and inspecting the torque of This condition could result in failure of an 14 CFR part 91, subpart K, the FAA suggests certain MGB suspension bar attachment MGB attachment assembly, detachment of an that you notify your principal inspector, or nuts. This proposed AD is prompted by MGB suspension bar, and subsequent loss of lacking a principal inspector, the manager of a report of torque loss on an MGB helicopter control. the local flight standards district office or suspension bar bolt. The actions of this (c) Comments Due Date certificate holding district office before proposed AD are intended to address an operating any aircraft complying with this The FAA must receive comments by unsafe condition on these products. AD through an AMOC. February 7, 2020. DATES: The FAA must receive comments (d) Compliance (g) Additional Information on this proposed AD by February 7, You are responsible for performing each (1) Airbus Helicopters Alert Service 2020. action required by this AD within the Bulletin No. AS332–01.00.90, Revision 0, dated November 11, 2018, which is not ADDRESSES: You may send comments by specified compliance time unless it has any of the following methods: already been accomplished prior to that time. incorporated by reference, contains additional information about the subject of • Federal eRulemaking Docket: Go to (e) Required Actions this AD. For service information identified in https://www.regulations.gov. Follow the (1) Within 50 hours time-in-service (TIS), this AD, contact Airbus Helicopters, 2701 N online instructions for sending your review records to determine the total hours Forum Drive, Grand Prairie, TX 75052; comments electronically. TIS of each MGB suspension bar RH and LH telephone 972–641–0000 or 800–232–0323; • Fax: 202–493–2251. rear fitting. fax 972–641–3775; or at https:// • Mail: Send comments to the U.S. www.airbus.com/helicopters/services/ (i) For any RH rear fitting that has Department of Transportation, Docket accumulated 1,470 or more total hours TIS, technical-support.html. You may review the before further flight, remove from service the referenced service information at the FAA, Operations, M–30, West Building RH rear fitting and its bolts. Office of the Regional Counsel, Southwest Ground Floor, Room W12–140, 1200 (ii) For any RH rear fitting that has Region, 10101 Hillwood Pkwy., Room 6N– New Jersey Avenue SE, Washington, DC accumulated less than 1,470 total hours TIS, 321, Fort Worth, TX 76177. 20590–0001.

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• Hand Delivery: Deliver to the closing date for comments. The FAA helicopters and Airbus Helicopters ‘‘Mail’’ address between 9 a.m. and 5 will consider comments filed after the EASB No. 04A013 for Model EC225LP p.m., Monday through Friday, except comment period has closed if it is helicopters, both Revision 1 and dated Federal holidays. possible to do so without incurring August 25, 2017. This service expense or delay. The FAA may change information specifies applying an add- Examining the AD Docket this proposal in light of the comments on factor to the flying hours logged by You may examine the AD docket on received. the pins and fittings and replacing them the internet at https:// Discussion if the service life limit (SLL) is www.regulations.gov by searching for exceeded. If an incorrect tightening and locating Docket No. FAA–2018– EASA, which is the Technical Agent torque value was applied to the pins, 0019; or in person at Docket Operations for the Member States of the European the service information specifies between 9 a.m. and 5 p.m., Monday Union, has issued EASA AD No. 2017– replacing the pins and contacting through Friday, except Federal holidays. 0189, dated September 22, 2017, to Airbus Helicopters. The AD docket contains this proposed correct an unsafe condition for Airbus This service information is reasonably AD, the European Aviation Safety Helicopters (formerly Eurocopter, available because the interested parties Agency (EASA) AD, the economic Eurocopter France, Aerospatiale) Model have access to it through their normal evaluation, any comments received, and AS 332 L2 and EC 225 LP helicopters. course of business or by the means other information. The street address for Following review of reported Model EC identified in the ADDRESSES section. Docket Operations is listed above. 225 LP data, EASA advises that the Comments will be available in the AD installation of the MGB upper deck Proposed AD Requirements docket shortly after receipt. fittings of the three MGB suspension For service information identified in bars could lead to tightening torque loss This proposed AD would require for this proposed rule, contact Airbus on the fittings’ attachment pins (bolts). Airbus Helicopters Model AS332L2 and Helicopters, 2701 N Forum Drive, Grand Due to design similarities, Model AS EC225LP helicopters, within 30 hours Prairie, TX 75052; telephone 972–641– 332 L2 helicopters could also be time-in-service (TIS) and thereafter 0000 or 800–232–0323; fax 972–641– affected by the same installation following each flight, re-calculating the 3775; or at https://www.airbus.com/ condition. An investigation determined life limit accumulated by each front bolt helicopters/services/technical- that the life limits in the Airworthiness part number (P/N) 332A22–1613–21 or support.html. You may review the Limitations Sections for the pins and 332A22–1613–20 and rear bolt P/N referenced service information at the fittings are valid if an ‘‘add-on penalty 332A22–1614–20 by applying an add-on FAA, Office of the Regional Counsel, factor’’ is applied. factor listed in the applicable service Southwest Region, 10101 Hillwood EASA states that this condition, if not information. If the bolt meets or exceeds Pkwy., Room 6N–321, Fort Worth, TX corrected, could lead to structural its life limit, also known as SLL, this 76177. failure of the MGB suspension bar proposed AD would require removing attachment pins or fittings. Accordingly, the bolt from service before further FOR FURTHER INFORMATION CONTACT: Matt the EASA AD requires applying the add- flight. Fuller, Senior Aviation Safety Engineer, on penalty factor to the flight hours to Safety Management Section, Rotorcraft For Model AS332L2 helicopters, re-calculate the life limits and replacing Standards Branch, FAA, 10101 within 30 hours TIS and thereafter an affected part before exceeding its life Hillwood Pkwy., Fort Worth, TX 76177; following each flight, this proposed AD limit. would require re-calculating the life telephone 817–222–5110; email EASA further advises that Airbus [email protected]. limit accumulated by the front Helicopters’ initial service information attachment fitting P/N 332A22–1623– SUPPLEMENTARY INFORMATION: contained an error that may have 01, rear left hand attachment fitting P/ Comments Invited resulted in the installation of pins or N 332A22–1624–02 or 332A22–1624– fittings using an incorrect torque value. The FAA invites you to participate in 04, and rear right hand attachment As a result, the EASA AD also requires fitting P/N 332A22–1624–03 or this rulemaking by submitting written replacing pins if an incorrect torque comments, data, or views. The FAA also 332A22–1624–05 by applying an add-on value was applied and reporting the factor listed in the applicable service invites comments relating to the information to Airbus Helicopters. economic, environmental, energy, or information. If the fitting meets or federalism impacts that might result FAA’s Determination exceeds its life limit, this proposed AD would require removing the fitting from from adopting the proposals in this These helicopters have been approved service before further flight. document. The most helpful comments by EASA and are approved for operation reference a specific portion of the in the United States. Pursuant to the For Model AS332L2 helicopters, proposal, explain the reason for any FAA’s bilateral agreement with the within 150 hours TIS (without applying recommended change, and include European Union, EASA has notified the an add on-factor), this proposed AD supporting data. To ensure the docket FAA of the unsafe condition described would require inspecting the torque of does not contain duplicate comments, in its AD. The FAA is proposing this AD each MGB suspension bar fitting front commenters should send only one copy after evaluating all known relevant and rear nut. If the torque on any nut of written comments, or if comments are information and determining that an is higher than the maximum allowable filed electronically, commenters should unsafe condition is likely to exist or limit, the proposed AD would require submit only one time. develop on other products of the same removing the nut and its bolt from The FAA will file in the docket all type design. service before further flight. If the torque comments received, as well as a report on any nut is lower than the minimum summarizing each substantive public Related Service Information Under 1 allowable limit, this proposed AD contact with FAA personnel concerning CFR Part 51 would require tightening the nut before this proposed rulemaking. Before acting The FAA reviewed Airbus Helicopters further flight and removing the nut and on this proposal, the FAA will consider Emergency Alert Service Bulletin its bolt from service within 150 hours all comments received on or before the (EASB) No. 01.00.86 for Model AS332 TIS.

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Differences Between This Proposed AD Regulatory Findings remaining in service beyond their fatigue life and the EASA AD and loose MGB suspension bar bolts or The FAA determined that this fittings, which could result in structural The EASA AD allows an optional 150 proposed AD would not have federalism failure of the MGB suspension bar and loss hours TIS extension to the life limit of implications under Executive Order of helicopter control. 13132. This proposed AD would not an affected fitting for Model AS 332 L2 (c) Comments Due Date helicopters by performing dye-penetrant have a substantial direct effect on the States, on the relationship between the The FAA must receive comments by inspections. This AD does not allow this national Government and the States, or February 7, 2020. option. For Model AS 332 L2 on the distribution of power and (d) Compliance helicopters, the EASA AD requires responsibilities among the various replacing pins (bolts) that are You are responsible for performing each levels of government. replacement pins installed before the action required by this AD within the For the reasons discussed, I certify specified compliance time unless it has AD’s effective date with an incorrect this proposed regulation: already been accomplished prior to that time. torque value applied. This AD requires 1. Is not a ‘‘significant regulatory (e) Required Actions inspecting the torque for each nut for action’’ under Executive Order 12866; Model AS332L2 helicopters instead and 2. Will not affect intrastate aviation in (1) Within 30 hours time-in-service (TIS), depending on the outcome, removing Alaska; and review records to determine the total hours the nut and its bolt from service. 3. Will not have a significant TIS of each MGB suspension bar bolt. (i) Determine the life limit of each bolt by Costs of Compliance economic impact, positive or negative, applying the hours TIS by the add-on factor on a substantial number of small entities listed in Table No. 1 of Airbus Helicopters The FAA estimates that this proposed under the criteria of the Regulatory Emergency Alert Service Bulletin No. AD affects 23 helicopters of U.S. Flexibility Act. 01.00.86, Revision 1, dated August 25, 2017 Registry. Labor costs are estimated at The FAA prepared an economic (EASB 01.00.86), or Airbus Helicopters $85 per work-hour. Based on these evaluation of the estimated costs to Emergency Alert Service Bulletin No. numbers, the FAA estimates the comply with this proposed AD and 04A013, Revision 1, dated August 25, 2017, placed it in the AD docket. as applicable to your model helicopter. following costs to comply with this Note 1 to paragraph (e)(1)(i) of this AD: proposed AD. List of Subjects in 14 CFR Part 39 Airbus Helicopters refers to bolts as ‘‘pins.’’ Determining the adjusted life limit for Air transportation, Aircraft, Aviation (A) Before further flight, remove from service any bolt that has reached or exceeded the bolts and fittings would take about safety, Incorporation by reference, 0.5 work-hour for an estimated cost of its life limit. Safety. (B) For each bolt that has not exceeded its $43 per helicopter and $989 for the U.S. The Proposed Amendment life limit, continue to calculate and record fleet. Replacing a bolt would take about the life limit on its component history card 4 work-hours and parts would cost Accordingly, under the authority or equivalent record by applying the add-on about $89 for an estimated cost of $429 delegated to me by the Administrator, factor each time the helicopter accumulates per bolt. the FAA proposes to amend 14 CFR part hours TIS, and remove from service any bolt 39 as follows: before reaching its life limit. There are no costs of compliance for (ii) Thereafter following paragraph (e)(1)(i) replacing a fitting and inspecting, and if PART 39—AIRWORTHINESS of this AD, continue to calculate and record necessary tightening, the torque for DIRECTIVES the life limit of each bolt on its component Model AS332L2 helicopters by this history card or equivalent record by applying proposed AD because there are no ■ 1. The authority citation for part 39 the add-on factor each time the helicopter Model AS332L2 helicopters on the U.S. continues to read as follows: accumulates hours TIS and remove from Registry. service any bolt before reaching its life limit. Authority: 49 U.S.C. 106(g), 40113, 44701. (2) For Model AS332L2 helicopters, within Authority for This Rulemaking 30 hours TIS, review records to determine § 39.13 [Amended] the total hours TIS of each MGB suspension Title 49 of the United States Code ■ 2. The FAA amends § 39.13 by adding bar fitting. specifies the FAA’s authority to issue the following new airworthiness (i) Determine the life limit of each fitting rules on aviation safety. Subtitle I, directive (AD): by applying the hours TIS by the add-on section 106, describes the authority of Airbus Helicopters: Docket No. FAA–2018– factor listed in Table No. 1 of EASB 01.00.86. the FAA Administrator. Subtitle VII: 0019; Product Identifier 2017–SW–074– (A) Before further flight, remove from AD. service any fitting that has reached or Aviation Programs, describes in more exceeded its life limit. detail the scope of the Agency’s (a) Applicability (B) For each fitting that has not exceeded authority. This AD applies to Airbus Helicopters its life limit, continue to calculate and record The FAA is issuing this rulemaking Model AS332L2 and EC225LP helicopters, the life limit on its component history card under the authority described in certificated in any category, with a main or equivalent record by applying the add-on gearbox (MGB) suspension bar front factor each time the helicopter accumulates Subtitle VII, Part A, Subpart III, Section hours TIS, and remove from service any 44701: General requirements. Under attachment bolt (bolt) part number (P/N) 332A22–1613–21 or 332A22–1613–20, MGB fitting before reaching its life limit. that section, Congress charges the FAA suspension bar rear bolt P/N 332A22–1614– (ii) Thereafter following paragraph (e)(2)(i) with promoting safe flight of civil 20, MGB suspension bar front attachment of this AD, continue to calculate and record aircraft in air commerce by prescribing fitting (fitting) P/N 332A22–1623–01, MGB the life limit of each fitting on its component regulations for practices, methods, and suspension bar rear left hand fitting P/N history card or equivalent record by applying procedures the Administrator finds 332A22–1624–02 or 332A22–1624–04, or the add-on factor each time the helicopter necessary for safety in air commerce. MGB suspension bar rear right hand fitting P/ accumulates hours TIS and remove from This regulation is within the scope of N 332A22–1624–03 or 332A22–1624–05 service any fitting before reaching its life installed. limit. that authority because it addresses an (3) For Model AS332L2 helicopters, within unsafe condition that is likely to exist or (b) Unsafe Condition 150 hours TIS (without the add-on factor), develop on products identified in this This AD defines the unsafe condition as inspect the torque of each MGB suspension rulemaking action. MGB suspension bar bolts and fittings bar attachment front and rear nut. The

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allowable torque for each front nut is 602– ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: 663 lbf. in (6.8–7.5 daN.m) and the allowable (NPRM). Kristi Bradley, Aerospace Engineer, torque for each rear nut is 337–398 lbf. in Safety Management Section, Rotorcraft (3.8–4.5 daN.m). SUMMARY: The FAA proposes to adopt a Standards Branch, FAA, 10101 (i) If the torque on any nut is higher than new airworthiness directive (AD) for Hillwood Pkwy., Fort Worth, TX 76177; the maximum allowable torque stated in Leonardo S.p.A. (Leonardo) Model paragraph (e)(3) of this AD, before further telephone 817–222–5110; email A109E, A109S, A119, AW109SP, and [email protected]. flight, remove from service the bolt and nut. AW119MKII helicopters. This proposed SUPPLEMENTARY INFORMATION: (ii) If the torque on any nut is lower than AD would require removing certain the minimum allowable torque value stated in paragraph (e)(3) of this AD, before further main rotor (M/R) floating ring Comments Invited flight, tighten the nut to the allowable torque assemblies from service. This proposed The FAA invites you to participate in stated in paragraph (e)(3) of this AD. Within AD would also prohibit replacing any this rulemaking by submitting written 150 hours TIS (without the add-on factor), washer on any M/R floating ring comments, data, or views. The FAA also remove from service any bolt and nut that assembly. This proposed AD is invites comments relating to the were tightened as required by this paragraph. prompted by a report of a washer economic, environmental, energy, or (f) Alternative Methods of Compliance debonding from the M/R floating ring federalism impacts that might result (AMOCs) assembly. The actions of this proposed from adopting the proposals in this (1) The Manager, Safety Management AD are intended to address an unsafe document. The most helpful comments Section, Rotorcraft Standards Branch, FAA, condition on these products. reference a specific portion of the may approve AMOCs for this AD. Send your DATES: The FAA must receive comments proposal, explain the reason for any proposal to: Matt Fuller, Senior Aviation on this proposed AD by February 7, recommended change, and include Safety Engineer, Safety Management Section, 2020. supporting data. To ensure the docket Rotorcraft Standards Branch, FAA, 10101 ADDRESSES: does not contain duplicate comments, Hillwood Pkwy., Fort Worth, TX 76177; You may send comments by any of the following methods: commenters should send only one copy telephone 817–222–5110; email 9-ASW-FTW- • [email protected]. Federal eRulemaking Docket: Go to of written comments, or if comments are (2) For operations conducted under a 14 https://www.regulations.gov. Follow the filed electronically, commenters should CFR part 119 operating certificate or under online instructions for sending your submit only one time. 14 CFR part 91, subpart K, the FAA suggests comments electronically. The FAA will file in the docket all that you notify your principal inspector, or • Fax: 202–493–2251. comments received, as well as a report lacking a principal inspector, the manager of • Mail: Send comments to the U.S. summarizing each substantive public the local flight standards district office or Department of Transportation, Docket contact with FAA personnel concerning certificate holding district office before Operations, M–30, West Building this proposed rulemaking. Before acting operating any aircraft complying with this Ground Floor, Room W12–140, 1200 on this proposal, the FAA will consider AD through an AMOC. New Jersey Avenue SE, Washington, DC all comments received on or before the (g) Additional Information 20590–0001. closing date for comments. The FAA • The subject of this AD is addressed in Hand Delivery: Deliver to the will consider comments filed after the European Aviation Safety Agency (EASA) AD ‘‘Mail’’ address between 9 a.m. and 5 comment period has closed if it is No. 2017–0189, dated September 22, 2017. p.m., Monday through Friday, except possible to do so without incurring You may view the EASA AD on the internet Federal holidays. expense or delay. The FAA may change at https://www.regulations.gov in the AD this proposal in light of the comments Examining the AD Docket Docket. received. (h) Subject You may examine the AD docket on the internet at https:// Discussion Joint Aircraft Service Component (JASC) www.regulations.gov by searching for EASA, which is the Technical Agent Code: 6320, Main Rotor Gearbox. and locating Docket No. FAA–2019– for the Member States of the European Issued in Fort Worth, Texas, on November 1003; or in person at Docket Operations Union, has issued EASA AD No. 2018– 29, 2019. between 9 a.m. and 5 p.m., Monday 0205, dated September 14, 2018, to Lance T. Gant, through Friday, except Federal holidays. correct an unsafe condition for Director, Compliance & Airworthiness The AD docket contains this proposed Leonardo S.p.A. (formerly Finmeccanica Division, Aircraft Certification Service. AD, the European Aviation Safety S.p.A., AgustaWestland S.p.A., Agusta [FR Doc. 2019–26430 Filed 12–6–19; 8:45 am] Agency (EASA) AD, the economic S.p.A.; and AgustaWestland BILLING CODE 4910–13–P evaluation, any comments received, and Philadelphia Corporation, formerly other information. The street address for Agusta Aerospace Corporation) Model Docket Operations is listed above. A109E, A109S, A119, A109LUH, DEPARTMENT OF TRANSPORTATION Comments will be available in the AD AW109SP, and AW119MKII helicopters docket shortly after receipt. with certain part-numbered M/R Federal Aviation Administration For service information identified in floating ring assemblies installed. EASA this proposed rule, contact Leonardo advises of a report of a washer part 14 CFR Part 39 S.p.A. Helicopters, Emanuele Bufano, number (P/N) 109–0111–23–101 that Head of Airworthiness, Viale G.Agusta debonded from the M/R floating ring [Docket No. FAA–2019–1003; Product 520, 21017 C.Costa di Samarate (Va) assembly on a Model A109E helicopter. Identifier 2018–SW–086–AD] Italy; telephone +39–0331–225074; fax Investigation results revealed that the +39–0331–229046; or at https:// M/R floating ring assembly had been RIN 2120–AA64 www.leonardocompany.com/en/home. improperly repaired, and identified a Airworthiness Directives; Leonardo You may review the referenced service batch of M/R floating ring assemblies S.p.A. Helicopters information at the FAA, Office of the that could also be affected. Due to Regional Counsel, Southwest Region, design similarity, some of those M/R AGENCY: Federal Aviation 10101 Hillwood Pkwy., Room 6N–321, floating ring assemblies may be installed Administration (FAA), DOT. Fort Worth, TX 76177. on other A109/A119 helicopter models.

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EASA further advises that this N 109–0111–23–101 on any M/R national Government and the States, or condition, if not detected and corrected, floating ring assembly installed on any on the distribution of power and could lead to failure of an affected M/ helicopter. responsibilities among the various R floating ring assembly and significant levels of government. Differences Between This Proposed AD increase of the pilot workload, possibly and the EASA AD For the reasons discussed, I certify resulting in reduced control of the this proposed regulation: helicopter. Accordingly, the EASA AD The EASA AD applies to Model 1. Is not a ‘‘significant regulatory requires inspecting the M/R floating ring A109LUH helicopters, whereas this AD action’’ under Executive Order 12866, assembly to identify its serial number does not because that model is not FAA 2. Will not affect intrastate aviation in (S/N), and depending on findings, type-certified. Alaska, and replacing affected serial-numbered M/R Costs of Compliance 3. Will not have a significant floating ring assemblies. The EASA AD The FAA estimates that this proposed economic impact, positive or negative, also prohibits installing those serial- on a substantial number of small entities numbered M/R floating ring assemblies AD affects 210 helicopters of U.S. Registry. The FAA also estimates that under the criteria of the Regulatory on any helicopter and prohibits Flexibility Act. replacing washer P/N 109–0111–23–101 operators may incur the following costs The FAA prepared an economic on an M/R floating ring assembly in order to comply with this proposed evaluation of the estimated costs to installed on a helicopter. AD. Labor costs are estimated at $85 per work-hour. comply with this proposed AD and FAA’s Determination Inspecting the M/R floating ring placed it in the AD docket. These helicopters have been approved assembly would take about 1 work-hour List of Subjects in 14 CFR Part 39 by EASA and are approved for operation for an estimated cost of $85 per in the United States. Pursuant to the helicopter and $17,850 for the U.S. fleet. Air transportation, Aircraft, Aviation FAA’s bilateral agreement with the Replacing an M/R floating ring assembly safety, Incorporation by reference, European Union, EASA has notified the would take about 8 work-hours and Safety. FAA about the unsafe condition parts would cost about $5,500 for an The Proposed Amendment described in its AD. The FAA is estimated cost of $6,180 per floating proposing this AD after evaluating all ring assembly. Accordingly, under the authority known relevant information and According to Leonardo Helicopters, delegated to me by the Administrator, determining that an unsafe condition is some of the costs of this proposed AD the FAA proposes to amend 14 CFR part likely to exist or develop on other may be covered under warranty, thereby 39 as follows: reducing the cost impact on affected helicopters of the same type designs. PART 39—AIRWORTHINESS individuals. The FAA does not control Related Service Information DIRECTIVES warranty coverage by Leonardo The FAA reviewed Leonardo Helicopters. Accordingly, the FAA has ■ 1. The authority citation for part 39 Helicopters Alert Service Bulletin (ASB) included all costs in the cost estimate. continues to read as follows: No. 109EP–163 for Model A109E helicopters; ASB No. 109S–084 for Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Model A109S helicopters; ASB Title 49 of the United States Code § 39.13 [Amended] No.109SP–125 for Model AW109SP specifies the FAA’s authority to issue helicopters; and ASB No. 119–092 for rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding Model A119 and AW119MKll section 106, describes the authority of the following new airworthiness helicopters, all Revision A and dated the FAA Administrator. Subtitle VII: directive (AD): September 13, 2018. This service Aviation Programs, describes in more Leonardo S.p.A.: Docket No. FAA–2019– information contains procedures to detail the scope of the Agency’s 1003; Product Identifier 2018–SW–086– identify the S/N of the M/R floating ring authority. AD. assembly and provides instructions for The FAA is issuing this rulemaking (a) Applicability under the authority described in replacing the floating ring assembly if This AD applies to Leonardo S.p.A. Model necessary. This service information also Subtitle VII, Part A, Subpart III, Section A109E, A109S, A119, AW109SP, and specifies replacing certain serial- 44701: General requirements. Under AW119MKII helicopters, certificated in any numbered M/R floating ring assemblies that section, Congress charges the FAA category, with a main rotor (M/R) floating and reporting certain information to with promoting safe flight of civil ring assembly part number (P/N) 109–0111– Leonardo Helicopters. aircraft in air commerce by prescribing 09–101 or P/N 109–0111–09–103 installed. regulations for practices, methods, and Proposed AD Requirements (b) Unsafe Condition procedures the Administrator finds This proposed AD would require necessary for safety in air commerce. This AD defines the unsafe condition as removing from service any M/R floating disbonding of the washer from the M/R This regulation is within the scope of floating ring assembly. This condition could ring assembly P/N 109–0111–09–101 or that authority because it addresses an result in a significant increase of pilot P/N 109–0111–09–103 with S/N unsafe condition that is likely to exist or workload and subsequent loss of control of DA53295148–1, F86782, G130924, develop on products identified in this the helicopter. J31213, L99, L104, L107, L117, L127, rulemaking action. L130, M215, P411, R687, R735, R769, (c) Comments Due Date R772, or V71, installed on Model Regulatory Findings The FAA must receive comments by A109E, A109S, A119, AW109SP, and The FAA determined that this February 7, 2020. AW119MKII helicopters. This proposed proposed AD would not have federalism (d) Compliance AD would also prohibit installing those implications under Executive Order You are responsible for performing each M/R floating ring assemblies on any 13132. This proposed AD would not action required by this AD within the helicopter. Lastly, this proposed AD have a substantial direct effect on the specified compliance time unless it has would prohibit replacing any washer P/ States, on the relationship between the already been accomplished prior to that time.

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(e) Required Actions proposal to: Kristi Bradley, Aerospace G.Agusta 520, 21017 C.Costa di Samarate (1) Within 25 hours time-in-service, Engineer, Safety Management Section, (Va) Italy; telephone +39–0331–225074; fax remove from service any M/R floating ring Rotorcraft Standards Branch, FAA, 10101 +39–0331–229046; or at https:// assembly P/N 109–0111–09–101 or P/N 109– Hillwood Pkwy., Fort Worth, TX 76177; www.leonardocompany.com/en/home. You 0111–09–103 with serial number (S/N) telephone 817–222–5110; email 9-ASW-FTW- may review the referenced service DA53295148–1, F86782, G130924, J31213, [email protected]. information at the FAA, Office of the L99, L104, L107, L117, L127, L130, M215, (2) For operations conducted under a 14 Regional Counsel, Southwest Region, 10101 P411, R687, R735, R769, R772, or V71. CFR part 119 operating certificate or under Hillwood Pkwy., Room 6N–321, Fort Worth, (2) After the effective date of this AD: 14 CFR part 91, subpart K, the FAA suggests TX 76177. (i) Do not install any M/R floating ring that you notify your principal inspector, or (2) The subject of this AD is addressed in assembly P/N 109–0111–09–101 or P/N 109– lacking a principal inspector, the manager of European Aviation Safety Agency (EASA) AD No. 2018–0205, dated September 14, 2018. 0111–09–103 with S/N DA53295148–1, the local flight standards district office or You may view the EASA AD on the internet F86782, G130924, J31213, L99, L104, L107, certificate holding district office before at https://www.regulations.gov in the AD L117, L127, L130, M215, P411, R687, R735, operating any aircraft complying with this Docket. R769, R772, or V71 on any helicopter. AD through an AMOC. (ii) Do not replace any washer P/N 109– (h) Additional Information (i) Subject 0111–23–101 on any M/R floating ring Joint Aircraft Service Component (JASC) assembly installed on any helicopter. (1) Leonardo Helicopters Alert Service Bulletin (ASB) No. 109EP–163, ASB No. Code: 6220, Main Rotor Head. (f) Special Flight Permits 109S–084, ASB No.109SP–125, and ASB No. Issued in Fort Worth, Texas, on November Special flight permits are prohibited. 119–092, all Revision A and dated September 27, 2019. 13, 2018, which are not incorporated by Lance T. Gant, (g) Alternative Methods of Compliance reference, contain additional information (AMOCs) about the subject of this AD. For service Director, Compliance & Airworthiness Division, Aircraft Certification Service. (1) The Manager, Safety Management information identified in this AD, contact Section, Rotorcraft Standards Branch, FAA, Leonardo S.p.A. Helicopters, Emanuele [FR Doc. 2019–26425 Filed 12–6–19; 8:45 am] may approve AMOCs for this AD. Send your Bufano, Head of Airworthiness, Viale BILLING CODE 4910–13–P

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Notices Federal Register Vol. 84, No. 236

Monday, December 9, 2019

This section of the FEDERAL REGISTER have practical utility; (b) the accuracy of for OMB approval. All comments will contains documents other than rules or the Agency’s estimate of the burden of also become a matter of public record. proposed rules that are applicable to the the proposed collection of information Chad Rupe, public. Notices of hearings and investigations, including the validity of the committee meetings, agency decisions and methodology and assumptions used; (c) Administrator, Rural Utilities Service. rulings, delegations of authority, filing of [FR Doc. 2019–26431 Filed 12–6–19; 8:45 am] petitions and applications and agency ways to enhance the quality, utility and BILLING CODE 3410–XV–P statements of organization and functions are clarity of the information to be examples of documents appearing in this collected; and (d) ways to minimize the section. burden of the collection of information on those who are to respond, including COMMISSION ON CIVIL RIGHTS through the use of appropriate DEPARTMENT OF AGRICULTURE automated, electronic, mechanical, or Notice of Public Meeting of the other technological collection Michigan Advisory Committee Rural Utilities Service techniques or other forms of information AGENCY: U.S. Commission on Civil technology. Notice of Request for Revision of a Rights. Currently Approved Information Comments may be sent by Federal ACTION: Announcement of meeting. Collection eRulemaking Portal: Go to https:// www.regulations.gov. Follow the SUMMARY: Notice is hereby given, AGENCY: Rural Utilities Service, USDA. instructions for submitting comments. pursuant to the provisions of the rules ACTION: Notice; comment requested. Title: Request for Mail List Data, RUS and regulations of the U.S. Commission Form 87. on Civil Rights (Commission) and the SUMMARY: In accordance with the OMB Number: 0572–0051. Federal Advisory Committee Act that Paperwork Reduction Act of 1995, the the Michigan Advisory Committee Expiration Date of Approval: 08/31/ United States Department of (Committee) will hold a meeting on 2020. Agriculture’s Rural Utilities Services Wednesday, December 11, 2019, at (RUS) invites comments on this Type of Request: Revision of a 11:00 a.m. EST. The purpose of the information collection for which RUS currently approved information meeting will be to nominate a vice-chair intends to request approval from the collection. and continue reviewing a draft of the Office of Management and Budget Abstract: The RUS Form 87 is used for voting rights report. (OMB). both the Rural Utilities Service Electric DATES: The meeting will be held on DATES: Comments on this notice must be and Telecommunications programs to Wednesday, December 11, 2019, at received by February 7, 2020 to be obtain the names and addresses of the 11:00 a.m. EST. assured of consideration. borrowers’ officials with whom they ADDRESSES: Public call information: must communicate directly in order to FOR FURTHER INFORMATION CONTACT: Dial: 800–353–6461; Conference ID: administer the Agency’s lending Thomas P. Dickson, Rural Development 1830656. Innovation Center—Regulations programs. Changes occurring at the Management Division, USDA, 1400 borrower’s annual meeting (e.g., the FOR FURTHER INFORMATION CONTACT: Ana Independence Avenue SW, STOP 1522, selection of board members, managers, Victoria Fortes, DFO, at afortes@ Room 4233, South Building, attorneys, certified public accountants usccr.gov or 213–894–3437. Washington, DC 20250–1522. or other officials) make necessary the SUPPLEMENTARY INFORMATION: Members Telephone: (202) 690–4492. Email collection of information. of the public can listen to the [email protected]. Estimate of Burden: Public reporting discussion. This meeting is available to SUPPLEMENTARY INFORMATION: The Office burden for this collection of information the public through the above toll-free of Management and Budget’s (OMB) is estimated to average 2.5 hours per call-in number. Any interested member regulation (5 CFR 1320) implementing response. of the public may call this number and provisions of the Paperwork Reduction Respondents: Business or other for- listen to the meeting. An open comment Act of 1995 (Pub. L. 104–13) requires profit and non-profit institutions. period will be provided to allow that interested members of the public Estimated Number of Respondents: members of the public to make a and affected agencies have an 985. statement as time allows. The conference call operator will ask callers opportunity to comment on information Estimated Number of Responses per to identify themselves, the organization collection and recordkeeping activities Respondent: 1. (see 5 CFR 1320.8(d)). This notice they are affiliated with (if any), and an Estimated Total Annual Burden on identifies an information collection that email address prior to placing callers Respondents: 246 hours. RUS is submitting to OMB for into the conference room. Callers can extension. Copies of this information collection expect to incur regular charges for calls can be obtained from Arlette they initiate over wireless lines, Comments Mussington, Innovation Center— according to their wireless plan. The Comments are invited on: (a) Whether Regulations Management Division, at Commission will not refund any the proposed collection of information (202) 720–2825, Email: incurred charges. Callers will incur no is necessary for the proper performance [email protected]. charge for calls they initiate over land- of the functions of the Agency, All responses to this notice will be line connections to the toll-free including whether the information will summarized and included in the request telephone number. Persons with hearing

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impairments may also follow the review a draft report on civil rights and Agenda proceedings by first calling the Federal prison conditions for incarcerated Welcome and Roll Call Relay Service at 1–800–877–8339 and individuals who are also living with Civil Rights in Nebraska: Prisons and providing the Service with the mental illness in Nebraska. Mental Health conference call number and conference DATES: The meeting will take place on Future Plans and Actions ID number. Tuesday December 17, 2019 at 12 p.m. Public Comment Members of the public are also Central. Adjournment entitled to submit written comments; Public Call Information: Dial: 800– Exceptional Circumstance: Pursuant the comments must be received in the 367–2403, Conference ID: 5097779. to 41 CFR 102–3.150, the notice for this regional office within 30 days following meeting is given less than 15 calendar the meeting. Written comments may be FOR FURTHER INFORMATION CONTACT: Melissa Wojnaroski, DFO, at days prior to the meeting because of the mailed to the Regional Programs Unit exceptional circumstances of ensuring Office, U.S. Commission on Civil Rights, [email protected] or (312) 353– 8311. the Nebraska Advisory Committee 230 S Dearborn St., Suite 2120, Chicago, completes its study in a timely manner. IL 60604. They may also be faxed to the SUPPLEMENTARY INFORMATION: Members Dated: December 3, 2019. Commission at (312) 353–8324 or of the public may listen to this David Mussatt, emailed to Carolyn Allen at callen@ discussion through the above call in usccr.gov. Persons who desire number. An open comment period will Supervisory Chief, Regional Programs Unit. additional information may contact the be provided to allow members of the [FR Doc. 2019–26432 Filed 12–6–19; 8:45 am] Regional Programs Office at (312) 353– public to make a statement as time BILLING CODE P 8311. allows. The conference call operator Records generated from this meeting will ask callers to identify themselves, may be inspected and reproduced at the the organization they are affiliated with DEPARTMENT OF COMMERCE Regional Programs Office, as they (if any), and an email address prior to become available, both before and after placing callers into the conference Census Bureau the meeting. Records of the meeting will room. Callers can expect to incur regular Proposed Information Collection; be available via www.facadatabase.gov charges for calls they initiate over Comment Request; Automated Export under the Commission on Civil Rights, wireless lines, according to their System Program Michigan Advisory Committee link. wireless plan. The Commission will not Persons interested in the work of this refund any incurred charges. Callers AGENCY: U.S. Census Bureau, Committee are directed to the will incur no charge for calls they Commerce. Commission’s website, http:// initiate over land-line connections to ACTION: Notice. www.usccr.gov, or may contact the the toll-free telephone number. Persons Regional Programs Office at the above with hearing impairments may also SUMMARY: The Department of Commerce email or street address. follow the proceedings by first calling (DOC), as part of its continuing effort to reduce paperwork and respondent Agenda the Federal Relay Service at 1–800–877– 8339 and providing the Service with the burden, invites the general public and I. Welcome and Roll Call conference call number and conference other Federal agencies to take this II. Elect Vice Chair ID number. opportunity to comment on proposed III. Review Report Draft Members of the public are entitled to revisions to the Automated Export IV. Public Comment submit written comments; the System Program, as required by the V. Next Steps Paperwork Reduction Act of 1995. VI. Adjournment comments must be received in the regional office within 30 days following DATES: To ensure consideration, written Dated: December 4, 2019. the meeting. Written comments may be comments must be submitted on or David Mussatt, mailed to the Regional Programs Unit, before February 7, 2020. Supervisory Chief, Regional Programs Unit. U.S. Commission on Civil Rights, 230 S ADDRESSES: Direct all written comments [FR Doc. 2019–26463 Filed 12–6–19; 8:45 am] Dearborn, Suite 2120, Chicago, IL to Thomas Smith, PRA Liaison, U.S. BILLING CODE P 60604. They may also be faxed to the Census Bureau, 4600 Silver Hill Road, Commission at (312) 353–8324, or Room 7K250A, Washington, DC 20233– emailed to Corrine Sanders at csanders@ 6700 (or via the internet at COMMISSION ON CIVIL RIGHTS usccr.gov. Persons who desire [email protected]). You may also additional information may contact the submit comments, identified by Docket Notice of Public Meetings of the Regional Programs Unit at (312) 353– Number USBC–2019–0017, to the Nebraska Advisory Committee to the 8311. Federal e-Rulemaking Portal: http:// U.S. Commission on Civil Rights Records generated from this meeting www.regulations.gov. All comments AGENCY: U.S. Commission on Civil may be inspected and reproduced at the received are part of the public record. Rights. Regional Programs Unit Office, as they No comments will be posted to http:// ACTION: Announcement of meeting. become available, both before and after www.regulations.gov for public viewing the meeting. Records of the meeting will until after the comment period has SUMMARY: Notice is hereby given, be available via www.facadatabase.gov closed. Comments will generally be pursuant to the provisions of the rules under the Commission on Civil Rights, posted without change. All Personally and regulations of the U.S. Commission Nebraska Advisory Committee link. Identifiable Information (for example, on Civil Rights (Commission) and the Persons interested in the work of this name and address) voluntarily Federal Advisory Committee Act that Committee are directed to the submitted by the commenter may be the Nebraska Advisory Committee Commission’s website, http:// publicly accessible. Do not submit (Committee) will hold a meeting on www.usccr.gov, or may contact the Confidential Business Information or Tuesday December 17, 2019 at 12:00 Regional Programs Unit at the above otherwise sensitive or protected p.m. Central time. The Committee will email or street address. information. You may submit

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attachments to electronic comments in be included in the clearance, thereby NPRM. The goal is to publish both Microsoft Word, Excel, or Adobe PDF eliminating the need for a separate NPRMs around the same time in order file formats. annual re-approval from OMB for the to allow the trade community an FOR FURTHER INFORMATION CONTACT: early release. opportunity to review the proposed Requests for additional information or The International Trade requirements as they relate to both filing copies of the information collection Administration (ITA) relies heavily on and licensing responsibilities in a instrument(s) and instructions should the preliminary import statistics of steel routed export transaction. be directed to Kiesha Downs, Chief, mill products provided by the Census In addition to providing clarity to the Trade Regulations Branch, U.S. Census Bureau. In 1999, as a part of the FTR on the standard and routed export Bureau, 4600 Silver Hill Road, Government’s steel initiative, the DOC transactions, the Census Bureau’s NPRM Washington, DC 20233–6700, (301) 763– was instructed by the administration to proposes to revise and add several key 7079, by fax (301) 763–8835 or by email monitor steel imports so that industry terms including authorized agent, [email protected]. could monitor trends and take forwarding agent, standard export appropriate action. Currently, the steel transaction and written release. While SUPPLEMENTARY INFORMATION industry faces a similar situation further revisions to the FTR are necessary to I. Abstract necessitating the preliminary improve clarity to the filing publication of these statistics. The early Title 13, United States Code (U.S.C.), requirements for the routed export release of preliminary statistics on steel Chapter 9, Section 301 authorizes the transaction, it is critical for the Census mill imports provides the public with Bureau to ensure that any revisions U.S. Census Bureau (Census Bureau) to an early warning of any potential shifts collect, compile and publish trade data. made to the FTR will allow for the in trade patterns in this important continued collection of complete, Title 15, Code of Federal Regulations industry. A variety of parties, including (CFR), Part 30, known as the Foreign timely, and accurate trade statistics. To government officials and the public achieve this, it is critical that the Trade Regulations (FTR), contains the with an interest in imports of steel regulatory provisions for preparing and responsibilities of the U.S. Principal products continue to use this Party in Interest (USPPI) and the U.S. filing Electronic Export information monitoring system heavily. (EEI) in the Automated Export System authorized agent are clearly defined to (AES). The Census Bureau uses the AES Automated Export System ensure that the EEI is filed by the or successor system as the instrument appropriate party to prevent receiving The published export data enable U.S. duplicate filings or in some cases, no for collecting export trade data from businesses to develop practical filings. The changes proposed in the parties exporting commodities from the marketing strategies as well as provide NPRM will not have an impact on the United States. In addition to the a means to assess the impact of exports reporting burden of the export trade collection of data, the Census Bureau on the domestic economy. These data community. compiles these export data from the are used in the development of U.S. AES. These data, along with import data government economic and foreign trade II. Method of Collection function as the basis for the official U.S. policies, including export control Automated Export System merchandise trade statistics. The Census purposes under Title 50, U.S.C., Export Bureau publishes import and export Administration Act. The Bureau of Except as noted in Title 15 CFR, Part statistics that are used to determine the Industry and Security (BIS), U.S. 30, Section 30.2(a)(1)(iv), EEI is required balance of international trade in goods Customs and Border Protection (CBP), for all export shipments of goods valued and are designated for use as a principal and other enforcement agencies use over $2,500 per Schedule B or economic indicator. The Census Bureau these data to detect and prevent the Harmonized Tariff Schedule of the together with the Bureau of Economic export of certain items by unauthorized United States Annotated commodity Analysis releases these statistics parties to unauthorized destinations or classification number from the United monthly according to the U.S. end users. States, including Foreign Trade Zones International Trade in Goods and Currently, the Census Bureau is located therein, Puerto Rico, and the Services Press Release Schedule. drafting a Notice of Proposed U.S. Virgin Islands to foreign countries; Rulemaking (NPRM) to clarify the for exports between the United States Preliminary Steel Mill Import Statistics responsibilities of parties participating and Puerto Rico; and for exports to the Since 1999, the DOC has released data in routed and standard export U.S. Virgin Islands from the United on imports of steel mill products in transactions. The draft rule has received States or Puerto Rico. The AES program advance of the regular monthly trade concurrence from the U.S. Department is unique among Census Bureau statistics release. This exception to the of State (State Department) and the statistical collections since it is not sent normal procedure was initially Department of Homeland Security to respondents to solicit responses, as is approved by Office of Management and (DHS). Though concurrence was the case with surveys. Filing EEI via the Budget (OMB) in January 1999 and has received from State Department and AES is a mandatory process under the been subsequently extended annually DHS, it is important to note that the BIS statutory authority of Title 13 U.S.C., through means of a separately submitted administers the Export Administration Chapter 9, Section 301. The statutory memo. This exception has permitted the Regulations (EAR) that also govern requirement is implemented by Title 15, public release of preliminary monthly routed export transactions. BIS has also CFR, Part 30, also referred to as the FTR. data on imports of steel under the drafted a NPRM to revise the EAR as it The export trade community can access provisions of the OMB’s Statistical pertains to routed export transactions. the AES via a free internet-based Policy Directive No. 3 on the Both rules have required extensive system, called AESDirect, or they can Compilation, Release and Evaluation of review and coordination with each use software that connects directly with Principal Federal Economic Indicators. agency to ensure that there are no the ACE. With this planned revision to the AES discrepancies or contradictory language For exports to Canada, a Program, the Census Bureau will request in either NPRM. The Census Bureau is Memorandum of Understanding (MOU) that provisions for the early release of working with BIS to receive signed by CBP, Canada Border Services preliminary steel mill import statistics concurrence in order to publish the Agency, Statistics Canada, and the

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Census Bureau enables the United information. The AES also enables the they also will become a matter of public States to substitute Canadian import U.S. Government to increase its ability record. statistics for U.S. export statistics. to prevent the export of certain items by Sheleen Dumas, Similarly, in accordance with the MOU, unauthorized parties to unauthorized Canada substitutes U.S. import statistics destinations and end users through Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce for Canadian exports to the United electronic filing. Department. States. This exchange of data eliminates the requirement for the export trade Steel Mill Statistics [FR Doc. 2019–26452 Filed 12–6–19; 8:45 am] BILLING CODE 3510–07–P community to file the EEI with the U.S. The importer of record or its licensed Government for the majority of export customs broker file electronic entry shipments to Canada, thus resulting in summaries through the Automated DEPARTMENT OF COMMERCE the elimination of over eight million EEI Commercial Environment (ACE), and records filed in the AES annually. EEI file paper import entry summaries International Trade Administration must be filed through the AES for export (CBP–7501) or paper records of vessel shipments to Canada that require foreign repair or equipment purchase Application(s) for Duty-Free Entry of mandatory EEI filing under Title 15 (CBP–226) directly with CBP in Scientific Instruments CFR, Part 30, Section 30.2(a)(1)(iv). In accordance with 19 CFR parts 1–199. Pursuant to Section 6(c) of the addition, export shipments from the The FTR, subpart F addresses the United States through Canada destined Educational, Scientific and Cultural general requirements for filing import Materials Importation Act of 1966 (Pub. to a country other than Canada require entries with CBP in the ACE in EEI filing in the AES. L. 89–651, as amended by Pub. L. 106– accordance with 19 CFR, which is the 36; 80 Stat. 897; 15 CFR part 301), we In most instances, the USPPI or source of the import data on steel mill authorized agent must file EEI via the invite comments on the question of products. AES and annotate the commercial whether instruments of equivalent loading documents with the proof of III. Data scientific value, for the purposes for filing citation prior to the export of a which the instruments shown below are shipment. In instances where the AES OMB Control Number: 0607–0152. intended to be used, are being filing is not required, the proper Form Number(s): Automated Export manufactured in the United States. exemption or exclusion legend must be System (AES). Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and noted on the commercial loading Type of Review: Regular submission. documents per Section 30.7 of the FTR. be postmarked on or before December CBP is currently conducting pilots to Affected Public: Exporters, 30, 2019. Address written comments to test the functionality regarding the filing Forwarding agents, Export Carriers. Statutory Import Programs Staff, Room of export manifests for air, rail, and Estimated Number of Respondents: 3720, U.S. Department of Commerce, ocean cargo to the ACE. These pilots 287,314. Washington, DC 20230. Applications will further the CBP initiatives set forth Estimated Time per Response: 3 may be examined between 8:30 a.m. and in the SAFE Port Act of 2006 and minutes per AES submission. 5:00 p.m. at the U.S. Department of Executive Order 13659 to move export Commerce in Room 3720. Estimated Total Annual Burden manifesting from the current paper- Docket Number: 19–011. Applicant: Hours: 865,798. based system to an electronic system University of Chicago Argonne LLC, over the next several years. FTR Estimated Total Annual Cost to Operator of Argonne National Sections 30.7 and 30.45, require Public: $15,688,260. Laboratory, 9700 South Cass Avenue, evidence of the proof of filing, post Respondent’s Obligation: Mandatory. Lemont, IL 60439–4873. Instrument: Q1 magnets. Manufacturer: Danfysik A/S, departure filing citation, AES downtime Legal Authority: Title 13 United States Denmark. Intended Use: According to citation, exemption or exclusion legend Code, Chapter 9, Section 301. on the bill of lading, air waybill, or the applicant, the instrument is a other commercial loading documents. IV. Request for Comments component of a 4th generation These annotations will also appear in synchrotron accelerator, i.e., the the electronic manifest submitted to Comments are invited on: (a) Whether Advanced Photon Source Upgrade CBP. Since filers use many variations to the proposed collection of information (APSU) accelerator, which is one of the annotate commercial loading is necessary for the proper performance most technologically complex machines documents, the Census Bureau, CBP, of the functions of the agency, including in the world. APSU is a non-profit and the trade community developed whether the information shall have research facility that will provide ultra- guidance to ensure that a standard practical utility; (b) the accuracy of the bright, high-energy x-ray beams to more format is reported in the electronic agency’s estimate of the burden than 5000 (and growing) scientists from manifest. This information was (including hours and cost) of the across the United States. APSU provides published in FTR Letter #10 titled proposed collection of information; (c) x-ray beams of a broad parameters that Annotating the Electronic Manifest for ways to enhance the quality, utility, and allows scientists to collect data in U.S. Customs and Border Protection. clarity of the information to be unprecedented detail and in short time The AES enables the U.S. Government collected; and (d) ways to minimize the frames. The research results users to significantly improve the quality, burden of the collection of information achieve through APS constantly make timeliness, and coverage of export on respondents, including through the real and positive impact on our statistics. Since July 1995, the Census use of automated collection techniques technologies, health, economy, and Bureau and the CBP have utilized the or other forms of information fundamental understandings of the AES to improve the reporting of export technology. materials that make up our world. trade information, customer service, Comments submitted in response to Justification for Duty-Free Entry: increase compliance with and this notice will be summarized and/or There are no instruments of the same enforcement of export laws, and to included in the request for OMB general category manufactured in the provide paperless reports of export approval of this information collection; United States. Application accepted by

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Commissioner of Customs: November FOR FURTHER INFORMATION CONTACT: Analysis of Comments Received 20, 2019. Nicholas Czajkowski or William As stated above, we did not receive Docket Number: 19–014. Applicant: Langley, AD/CVD Operations, Office I, comments in response to the University of Chicago Argonne LLC, Enforcement and Compliance, Preliminary Determination. For the final Operator of Argonne National International Trade Administration, determination, Commerce made no Laboratory, 9700 South Cass Avenue, U.S. Department of Commerce, 1401 changes to the Preliminary Lemont, IL 60439–4873. Instrument: Q2 Constitution Avenue NW, Washington, Determination. magnets. Manufacturer: SigmaPhi, DC 20230; telephone: (202) 482–1395 or France. Intended Use: According to the (202) 482–3861, respectively. Use of Adverse Facts Available applicant, the instrument is a SUPPLEMENTARY INFORMATION: We continue to find, as stated in the component of a 4th generation Preliminary Determination, that the Background synchrotron accelerator, i.e., the mandatory respondents Quintain, Top Advanced Photon Source Upgrade On September 25, 2019, Commerce Forever, Fastenal, QST, and Ta Chen (APSU) which will be used to study published the Preliminary withheld requested information, failed ultra-bright, high-energy x-ray beams to Determination of this LTFV to provide information by the specified more than 5000 (and growing) scientists investigation in which Commerce found deadlines, and significantly impeded from across the United States. APSU that steel threaded rod from Taiwan was the proceeding, pursuant to section provides x-ray beams of a broad sold at LTFV.1 We invited interested 776(a) of the Tariff Act of 1930, as parameters that allow scientists to parties to comment on the Preliminary amended (the Act).5 Further, we collect data in unprecedented detail and Determination. We received no continue to find that Quintain Steel, in amazingly short time frames. The comments from interested parties. Top Forever, Fastenal, QST, and Ta research results our users achieved Scope of the Investigation Chen failed to cooperate to the best of through APS constantly make real and their abilities to comply with our positive impact on our technologies, The products covered by this requests for information, and health, economy, and fundamental investigation are steel threaded rod from accordingly, we continue to apply an Taiwan. For a complete description of understandings of the materials that adverse inference when selecting from the scope of this investigation, see the make up our world. Justification for among the facts otherwise available to appendix to this notice. Duty-Free Entry: There are no determine the relevant dumping instruments of the same general Scope Comments margins, in accordance with section 6 category manufactured in the United On July 22, 2019, we issued a 776(b) of the Act. We further continue States. Application accepted by 2 to select the only dumping margin Preliminary Scope Memorandum. The 7 Commissioner of Customs: November 2, scope case briefs were due on August alleged in the Petition as the rate applicable to Quintain Steel, Top 2017. 28, 2019.3 We received no scope case Forever, Fastenal, QST, and Ta Chen.8 Dated: December 3, 2019. briefs from interested parties. Therefore, As discussed in the Preliminary Commerce has made no changes to the Gregory W. Campbell, Determination, we continue to assign scope of this investigation since the Director, Subsidies Enforcement, Enforcement the single dumping margin alleged in Preliminary Determination. and Compliance. the Petition 9 as the all-others rate [FR Doc. 2019–26458 Filed 12–6–19; 8:45 am] Verification applicable to all exporters and/or 10 BILLING CODE 3510–DS–P Because each of the mandatory producers not individually examined. respondents in this investigation (i.e., Final Determination Quintain Steel Co. Ltd. (Quintain Steel), DEPARTMENT OF COMMERCE Commerce determines that the Top Forever Screws Co. Ltd. (Top following estimated weighted-average Forever), Fastenal Asia Pacific Ltd. TW International Trade Administration dumping margins exist: Repres (Fastenal), QST International [A–583–865] Corporation (QST), and Ta Chen Steel Estimated Pipe Ltd. (Ta Chen)) did not provide the weighted- Carbon and Alloy Steel Threaded Rod information requested by Commerce, Exporter or producer average and Commerce determined that each of dumping From Taiwan: Final Affirmative margin Determination of Sales at Less Than the examined respondents have been (percent) Fair Value uncooperative, we did not conduct verification.4 Quintain Steel Co. Ltd ...... 32.26 AGENCY: Enforcement and Compliance, Top Forever Screws Co. Ltd .... 32.26 International Trade Administration, 1 See Carbon and Alloy Steel Threaded Rod from Department of Commerce. Taiwan: Preliminary Affirmative Determination of 5 See Memorandum, ‘‘Decision Memorandum for Sales at Less Than Fair Value, 84 FR 50382 SUMMARY: The Department of Commerce the Preliminary Determination in the Less-Than- (September 25, 2019) (Preliminary Determination). Fair-Value Investigation of Carbon and Alloy Steel (Commerce) determines that carbon and 2 See Memorandum ‘‘Carbon and Alloy Steel Threaded Rod from Taiwan,’’ dated September 18, alloy steel threaded rod (steel threaded Threaded Rod from India, Taiwan, Thailand, and 2019 (Preliminary Decision Memorandum) the People’s Republic of China: Scope Comments rod) from Taiwan is being, or is likely 6 Id. Decision Memorandum for the Preliminary 7 to be, sold in the United States at less Determinations,’’ dated July 22, 2019 (Preliminary See Petitioner’s Letter, ‘‘Petitions for the than fair value (LTFV). The period of Scope Decision Memorandum). Imposition of Antidumping and Countervailing Duties: Carbon and Alloy Steel Threaded Rod from 3 The scope case briefs were due 30 days after the investigation (POI) is January 1, 2018 the People’s Republic of China, India, Taiwan, and through December 31, 2018. The final publication of Carbon and Alloy Steel Threaded Rod from the People’s Republic of China: Thailand,’’ dated February 21, 2019 (Petition). estimated weighted-average dumping Preliminary Affirmative Countervailing Duty 8 See Preliminary Decision Memorandum. margins of sales at LTFV are shown in Determination and Alignment of Final Others Rate the ‘‘Final Determination’’ section of Determination with Final Antidumping Duty 9 See Petition. Determination, 84 FR 36578 (July 29, 2019). See 10 For a full description of the methodology this notice. Preliminary Scope Decision Memorandum at 3. underlying Commerce’s analysis, see Preliminary DATES: Applicable December 9, 2019. 4 See Preliminary Determination, 84 FR at 50382. Decision Memorandum.

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Estimated International Trade Commission (ITC) non-headed and threaded along greater than weighted- Notification 25 percent of their total actual length. A variety of finishes or coatings, such as plain Exporter or producer average dumping In accordance with section 735(d) of oil finish as a temporary rust protectant, zinc margin the Act, Commerce will notify the ITC coating (i.e., galvanized, whether by (percent) of its final affirmative determination of electroplating or hot-dipping), paint, and sales at LTFV. Because the final other similar finishes and coatings, may be Fastenal Asia Pacific Ltd. TW determination in this proceeding is applied to the merchandise. Repres ...... 32.26 Steel threaded rod is normally produced to QST International Corporation 32.26 affirmative, in accordance with section735(b)(2) of the Act, the ITC will American Society for Testing and Materials Ta Chen Steel Pipe Ltd ...... 32.26 (ASTM) specifications ASTM A36, ASTM All Others ...... 32.26 make its final determination as to A193 B7/B7m, ASTM A193 B16, ASTM whether the domestic industry in the A307, ASTM A329 L7/L7M, ASTM A320 Continuation of Suspension of United States is materially injured, or L43, ASTM A354 BC and BD, ASTM A449, Liquidation threatened with material injury, by ASTM F1554–36, ASTM F1554–55, ASTM reason of imports or sales (or the F1554 Grade 105, American Society of In accordance with section likelihood of sales) of steel threaded rod Mechanical Engineers (ASME) specification 735(c)(1)(B) of the Act, we will instruct from Taiwan no later than 45 days after ASME B18.31.3, and American Petroleum U.S. Customs and Border Protection our final determination. If the ITC Institute (API) specification API 20E. All steel threaded rod meeting the physical (CBP) to continue to suspend determines that material injury or threat liquidation of all unliquidated entries of description set forth above is covered by the of material injury does not exist, the scope of the investigation, whether or not subject merchandise which were proceeding will be terminated, and all produced according to a particular standard. entered, or withdrawn from warehouse, cash deposits will be refunded. If the Subject merchandise includes material for consumption on or after September ITC determines that such injury does matching the above description that has been 25, 2019, which is the date of exist, Commerce will issue an finished, assembled, or packaged in a third publication of the Preliminary antidumping duty order directing CBP country, including by cutting, chamfering, Determination in the Federal Register. to assess, upon further instruction by coating, or painting the threaded rod, by Pursuant to section 735(c)(1) of the Commerce, antidumping duties on all attaching the threaded rod to, or packaging it Act and 19 CFR 351.210(d), Commerce with, another product, or any other finishing, imports of the subject merchandise assembly, or packaging operation that would will instruct CBP to require cash entered, or withdrawn from warehouse, not otherwise remove the merchandise from deposits equal to the estimated for consumption on or after the effective the scope of the investigation if performed in weighted-average dumping margins date of the suspension of liquidation, as the country of manufacture of the threaded indicated in the table above as follows: discussed above in the ‘‘Continuation of rod. (1) The cash deposit rate for the Suspension of Liquidation’’ section. Carbon and alloy steel threaded rod are respondents listed above will be equal also included in the scope of the to the company-specific estimated Administrative Protective Orders investigation whether or not imported weighted-average dumping margins (APOs) attached to, or in conjunction with, other determined in this final determination; This notice serves as a reminder to parts and accessories such as nuts and parties subject to APO of their washers. If carbon and alloy steel threaded (2) if the exporter is not a respondent rod are imported attached to, or in identified above, but the producer is, responsibility concerning the conjunction with, such non-subject then the cash deposit rate will be equal disposition of proprietary information merchandise, only the threaded rod is to the company-specific estimated disclosed under APO in accordance included in the scope. weighted-average dumping margin with 19 CFR 351.305(a)(3). Timely Excluded from the scope of the established for that producer of the written notification of the return or investigation are: (1) Threaded rod, bar, or subject merchandise; and (3) the cash destruction of APO materials, or studs which are threaded only on one or both deposit rate for all other producers or conversion to judicial protective order, ends and the threading covers 25 percent or exporters will be 32.26 percent, the all- is hereby requested. Failure to comply less of the total actual length; and (2) with the regulations and the terms of an stainless steel threaded rod, defined as steel others weighted-average dumping threaded rod containing, by weight, 1.2 margin. These suspension of liquidation APO is a violation subject to sanction. percent or less of carbon and 10.5 percent or and cash deposit instructions will Notification to Interested Parties more of chromium, with our without other remain in effect until further notice. elements. This determination and this notice are Excluded from the scope of the Disclosure issued and published pursuant to antidumping investigation on steel threaded Normally, Commerce discloses to sections 735(d) and 777(i)(1) of the Act rod from the People’s Republic of China is interested parties the calculations and 19 CFR 352.210(c). any merchandise covered by the existing antidumping order on Certain Steel Threaded performed in connection with a final Dated: December 3, 2019. determination within five days of any Rod from the People’s Republic of China. See Jeffrey I. Kessler, Certain Steel Threaded Rod from the People’s public announcement or, if there is no Assistant Secretary for Enforcement and Republic of China: Notice of Antidumping public announcement, within five days Compliance. Duty Order, 74 FR 17154 (April 14, 2009). of the date of publication of the notice Specifically excluded from the scope of the of final determination in the Federal Appendix I—Scope of the Investigation investigation is threaded rod that is imported Register, in accordance with 19 CFR The merchandise covered by the scope of as part of a package of hardware in 351.224(b). However, because the investigation is carbon and alloy steel conjunction with a ready-to-assemble piece Commerce applied adverse facts threaded rod. Steel threaded rod is certain of furniture. available (AFA) to the individually threaded rod, bar, or studs, of carbon or alloy Steel threaded rod is currently classifiable examined companies in this steel, having a solid, circular cross section of under subheadings 7318.15.5051, any diameter, in any straight length. Steel 7318.15.5056, and 7318.15.5090 of the investigation, in accordance with threaded rod is normally drawn, cold-rolled, Harmonized Tariff Schedule of the United section 776 of the Act, and the applied threaded, and straightened, or it may be hot- States (HTSUS). Subject merchandise may AFA rate is based solely on the Petition, rolled. In addition, the steel threaded rod, also enter under subheading 7318.15.2095 there are no calculations to disclose. bar, or studs subject to the investigation are and 7318.19.0000 of the HTSUS. The HTSUS

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subheadings are provided for convenience energy flows from raw material information to be collected; and (d) and U.S. Customs purposes only. The written extraction through product disposal) to ways to minimize the burden of the description of the scope is dispositive. decision-enabling results and delivers collection of information on [FR Doc. 2019–26457 Filed 12–6–19; 8:45 am] them in a visually intuitive graphical respondents, including through the use BILLING CODE 3510–DS–P format. BEES Please is a voluntary of automated collection techniques or program to collect data from product other forms of information technology. manufacturers so that the environmental Comments submitted in response to DEPARTMENT OF COMMERCE performance of their products may be this notice will be summarized and/or evaluated scientifically using BEES. included in the request for OMB National Institute of Standards and NIST will publish in BEES Online approval of this information collection; Technology (http://ws680.nist.gov/bees) an they also will become a matter of public Proposed Information Collection; aggregated version of the data collected record. from manufacturers that protects data Comment Request; Building for Sheleen Dumas, Environmental and Economic confidentiality, subject to manufacturer’s review and approval. Department PRA Clearance Officer, Office of Sustainability (BEES) Please the Chief Information Office, Commerce BEES measures environmental Department. AGENCY: National Institute of Standards performance using the environmental and Technology (NIST), Commerce. life-cycle assessment approach specified [FR Doc. 2019–26453 Filed 12–6–19; 8:45 am] BILLING CODE 3510–13–P ACTION: Notice. in the International Organization for Standardization (ISO) 14040 series of SUMMARY: The Department of standards. All stages in the life of a DEPARTMENT OF COMMERCE Commerce, as part of its continuing product are analyzed: Raw material effort to reduce paperwork and acquisition, manufacture, National Oceanic and Atmospheric respondent burden, invites the general transportation, installation, use, and Administration public and other Federal agencies to recycling and waste management. take this opportunity to comment on Economic performance is measured RIN 0648–XG881 proposed and/or continuing information using the ASTM International standard collections, as required by the life-cycle cost method (E 917), which Marine Mammals; File No. 22686 Paperwork Reduction Act of 1995. covers the costs of initial investment, DATES: Written comments must be replacement, operation, maintenance AGENCY: National Marine Fisheries submitted on or before February 7, 2020. and repair, and disposal. Service (NMFS), National Oceanic and ADDRESSES: Atmospheric Administration (NOAA), Direct all written comments II. Method of Collection to Maureen O’Reilly, Management Commerce. Analyst, National Institute of Standards Data on materials use, energy ACTION: Notice; issuance of permit. and Technology, 100 Bureau Drive, consumption, waste, and environmental SUMMARY: Notice is hereby given that a Gaithersburg, MD 20889-1710, (or via releases will be collected using an permit has been issued to the Chicago the internet at [email protected]). electronic, MS Excel-based Zoological Society, Brookfield Zoo (Bill All Personally Identifiable Information questionnaire. An electronic, MS Word- Zeigler, Responsible Party), 3300 Golf (for example, name and address) based User Manual accompanies the Road, Brookfield, IL 60513, to import up voluntarily submitted by the commenter questionnaire to help in its completion. to three bottlenose dolphins (Tursiops may be publicly accessible. Do not III. Data truncatus) for public display. submit Confidential Business Information or otherwise sensitive or OMB Control Number: 0693–0036. ADDRESSES: The permit and related protected information. You may submit Form Number(s): None. documents are available online at Type of Review: Renewal (of a current attachments to electronic comments in https://www.fisheries.noaa.gov/action/ information collection) with changes. Microsoft Word, Excel, or Adobe PDF permit-application-import-3-bottlenose- Affected Public: Business or other for- file formats. dolphins-file-no-22686-chicago- profit organizations. FOR FURTHER INFORMATION CONTACT: zoological-society or upon written Estimated Number of Respondents: request to the Permits and Conservation Requests for additional information or 30. copies of the information collection Division, Office of Protected Resources, Estimated Time per Response: 62 NMFS, 1315 East-West Highway, Room instrument and instructions should be hours and 30 minutes. directed to Joshua D. Kneifel, (301) 975– 13705, Silver Spring, MD 20910; phone: Estimated Total Annual Burden (301) 427–8401; fax: (301) 713–0376. 6857 or [email protected]. Hours: 1,875. SUPPLEMENTARY INFORMATION: Estimated Total Annual Cost to FOR FURTHER INFORMATION CONTACT: Public: $0. Jennifer Skidmore and Courtney Smith; I. Abstract phone: (301) 427–8401. For more than 25 years, the IV. Request for Comments SUPPLEMENTARY INFORMATION: On March Engineering Laboratory of the National NIST invites comments on: (a) 19, 2019, notice was published in the Institute of Standards and Technology Whether the proposed collection of Federal Register (84 FR 10044) that a (NIST) has developed and automated an information is necessary for the proper request for a public display permit had approach for measuring the life-cycle performance of the functions of the been submitted by the above-named environmental and economic agency, including whether the applicant. The requested permit has performance of building products. information will have practical utility; been issued under the authority of the Known as BEES (Building for (b) the accuracy of the agency’s estimate Marine Mammal Protection Act of 1972, Environmental and Economic of the burden (including hours and cost) as amended (16 U.S.C. 1361 et seq.) and Sustainability), the tool reduces of the proposed collection of the regulations governing the taking and complex, science-based technical information; (c) ways to enhance the importing of marine mammals (50 CFR content (e.g., over 1000 material and quality, utility, and clarity of the part 216).

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The permit authorizes the importation not changed, and the required defines ‘‘harassment’’ as any act of of three captive born bottlenose mitigation, monitoring, and reporting pursuit, torment, or annoyance which (i) dolphins from Dolphin Quest Bermuda remains the same as included in the has the potential to injure a marine to either the Brookfield Zoo in initial IHA. NMFS is, therefore, issuing mammal or marine mammal stock in the Brookfield, Illinois or Coral World a second IHA to cover the incidental wild (Level A harassment); or (ii) has Ocean Park in St. Thomas, U.S. Virgin take analyzed and authorized in the the potential to disturb a marine Islands for the purpose of public initial IHA. mammal or marine mammal stock in the display. The permit expires on DATES: This authorization is effective wild by causing disruption of behavioral December 1, 2024, or upon the from March 1, 2020, through February patterns, including, but not limited to, importation of all three dolphins, 28, 2021. migration, breathing, nursing, breeding, whichever occurs first. ADDRESSES: An electronic copy of the feeding, or sheltering (Level B In compliance with the National final 2019 IHA previously issued to the harassment). Environmental Policy Act of 1969 (42 Navy, the Navy’s application, and the U.S.C. 4321 et seq.), a final Summary of Request Federal Register notices proposing and determination has been made that the On May 28, 2019, NMFS published issuing the initial IHA may be obtained activity proposed is categorically final notice of our issuance of an IHA by visiting www.fisheries.noaa.gov/ excluded from the requirement to authorizing take of marine mammals action/incidental-take-authorization-us- prepare an environmental assessment or incidental to the Portsmouth Naval navy-dry-dock-expansion-project- environmental impact statement. Shipyard Dry Dock 1 modification and portsmouth-naval-shipyard. In case of Dated: December 4, 2019. expansion project (84 FR 24476). The problems accessing these documents, effective dates of that IHA were October Julia Marie Harrison, please call the contact listed below (see 1, 2019, through September 30, 2020. Chief, Permits and Conservation Division, FOR FURTHER INFORMATION CONTACT). On September 30, 2019, the Navy Office of Protected Resources, National FOR FURTHER INFORMATION CONTACT: Ben Marine Fisheries Service. informed NMFS that the project was Laws, Office of Protected Resources, delayed. None of the work identified in [FR Doc. 2019–26476 Filed 12–6–19; 8:45 am] NMFS, (301) 427–8401. the initial IHA (e.g., pile driving and BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION: removal) has occurred. The Navy submitted a request for a new identical Background DEPARTMENT OF COMMERCE IHA that would be effective from March Sections 101(a)(5)(A) and (D) of the 1, 2020 through February 28, 2021, in National Oceanic and Atmospheric Marine Mammal Protection Act (MMPA; order to conduct the construction work Administration 16 U.S.C. 1361 et seq.) direct the that was analyzed and authorized Secretary of Commerce (as delegated to through the previously issued IHA. [RTID 0648–XR073] NMFS) to allow, upon request, the Therefore, re-issuance of the IHA is incidental, but not intentional, taking of Takes of Marine Mammals Incidental to appropriate. small numbers of marine mammals by Specified Activities; Taking Marine U.S. citizens who engage in a specified Summary of Specified Activity and Mammals Incidental to Portsmouth activity (other than commercial fishing) Anticipated Impacts Naval Shipyard Dry Dock 1 within a specified geographical region if The planned activities (including Modification and Expansion certain findings are made and either mitigation, monitoring, and reporting), AGENCY: National Marine Fisheries regulations are issued or, if the taking is authorized incidental take, and Service (NMFS), National Oceanic and limited to harassment, a notice of a anticipated impacts on the affected Atmospheric Administration (NOAA), proposed authorization is provided to stocks are the same as those analyzed Commerce. the public for review. and authorized through the previously ACTION: Notice; issuance of incidental An authorization for incidental issued IHA. harassment authorization. takings shall be granted if NMFS finds The purpose of the Navy’s that the taking will have a negligible construction project is to modernize and SUMMARY: NMFS has received a request impact on the species or stock(s), will maximize dry dock capabilities for from the United States Navy for the re- not have an unmitigable adverse impact performing current and future missions issuance of a previously issued on the availability of the species or efficiently and with maximum incidental harassment authorization stock(s) for subsistence uses (where flexibility. The need for the proposed (IHA) with the only change being relevant), and if the permissible action is to modify and expand Dry effective dates. The initial IHA methods of taking and requirements Dock 1 at the Portsmouth Naval authorized take of five species of marine pertaining to the mitigation, monitoring Shipyard by constructing two new dry mammals, by Level A and Level B and reporting of such takings are set docking positions capable of servicing harassment, incidental to construction forth. Virginia class submarines within the associated with the Portsmouth Naval NMFS has defined ‘‘negligible super flood basin of the dry dock. The Shipyard Dry Dock 1 modification and impact’’ in 50 CFR 216.103 as an impact location, timing, and nature of the expansion in Kittery, Maine. The project resulting from the specified activity that activities, including the types of has been delayed and none of the work cannot be reasonably expected to, and is equipment planned for use, are within covered in the initial IHA has been not reasonably likely to, adversely affect scope of those described in the initial conducted. The initial IHA was effective the species or stock through effects on IHA. The mitigation and monitoring are from October 1, 2019, through annual rates of recruitment or survival. also as prescribed in the initial IHA. September 30, 2020. The Navy has The MMPA states that the term ‘‘take’’ Species that are expected to be taken requested re-issuance with new effective means to harass, hunt, capture, kill or by the planned activity include harbor dates of March 1, 2020, through attempt to harass, hunt, capture, or kill porpoise (Phocoena phocoena), harbor February 28, 2021. The scope of the any marine mammal. seal (Phoca vitulina), gray seal activities and anticipated effects remain Except with respect to certain (Halichoerus grypus), hooded seal the same, authorized take numbers are activities not pertinent here, the MMPA (Cystophora cristata), and harp seal

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(Pagophilus groenlandicus). A proposed action with respect to DATES: Wednesday, December 18, 2019, description of the methods and inputs environmental consequences on the 2:00–4:00 p.m. (EDT). used to estimate take anticipated to human environment. ADDRESSES: EAC Technical Guidelines occur and, ultimately, the take that was Accordingly, NMFS has determined Development Committee Conference authorized is found in the previous that the issuance of the IHA qualifies to Call. documents referenced above. The data be categorically excluded from further inputs and methods of estimating take NEPA review. This action is consistent To Listen and Monitor the Event as an are identical to those used in the initial with categories of activities identified in Attendee IHA. NMFS has reviewed recent Stock CE B4 of the Companion Manual for Assessment Reports, information on NOAA Administrative Order 216–6A, 1. Go to: https://zoom.us/j/917491464. relevant Unusual Mortality Events, and which do not individually or 2. Enter Meeting ID: 917 491 464, recent scientific literature, and cumulatively have the potential for Password: TGDC1219. determined that no new information significant impacts on the quality of the One tap mobile affects our original analysis of impacts human environment and for which we +16699006833,,917491464# US (San or take estimate under the initial IHA. have not identified any extraordinary Jose) We refer to the documents related to circumstances that would preclude this the previously issued IHA, which categorical exclusion. +19292056099,,917491464# US (New include the Federal Register notice of York) Endangered Species Act (ESA) the issuance of the initial 2019 IHA for Dial by your location the Navy’s construction work (84 FR Section 7(a)(2) of the Endangered +1 669 900 6833 US (San Jose) 24476), the Navy’s application, the Species Act of 1973 (ESA: 16 U.S.C. +1 929 205 6099 US (New York) Federal Register notice of the proposed 1531 et seq.) requires that each Federal IHA (84 FR 13252), and all associated agency insure that any action it 877 853 5247 US Toll-free references and documents. authorizes, funds, or carries out is not 888 788 0099 US Toll-free likely to jeopardize the continued Meeting ID: 917 491 464. Determinations existence of any endangered or The Navy will conduct activities as threatened species or result in the Find your local number: https:// analyzed in the initial 2019 IHA. As destruction or adverse modification of zoom.us/u/aev3sFIp8Q. For assistance: described above, the number of designated critical habitat. To ensure Contact the host, Steve Uyak at suyak@ authorized takes of the same species and ESA compliance for the issuance of eac.gov. stocks of marine mammals are identical IHAs, NMFS consults internally Purpose: In accordance with the to the numbers that were found to meet whenever we propose to authorize take Federal Advisory Committee Act the negligible impact and small for endangered or threatened species. (FACA), Public Law 92–463, as numbers standards and authorized However, no incidental take of ESA- amended (5 U.S.C. Appendix 2), the under the initial IHA and no new listed species is authorized or expected U.S. Election Assistance Commission information has emerged that would to result from this activity. Therefore, (EAC) Technical Guidelines change those findings. The re-issued NMFS has determined that formal Development Committee will conduct a 2020 IHA includes identical required consultation under section 7 of the ESA conference call to discuss NIST mitigation, monitoring, and reporting is not required for this action. recommendations and feedback. measures as the initial IHA, and there is Authorization Agenda: The Technical Guidelines no new information suggesting that our Development Committee (TGDC) will analysis or findings should change. NMFS has issued an IHA to the Navy discuss NIST recommendations and Based on the information contained for in-water construction activities feedback from November meeting. here and in the referenced documents, associated with the specified activity FOR FURTHER INFORMATION CONTACT: Bert NMFS has determined the following: (1) from March 1, 2020, through February Benavides, Telephone: (301) 563–3937. The required mitigation measures will 28, 2021. All previously described effect the least practicable impact on mitigation, monitoring, and reporting SUPPLEMENTARY INFORMATION: Members marine mammal species or stocks and requirements from the initial 2019 IHA of the public may submit relevant their habitat; (2) the authorized takes are incorporated. written statements to the Technical will have a negligible impact on the Dated: December 3, 2019. Guidelines Development Committee affected marine mammal species or Donna S. Wieting, with respect to the meeting no later than stocks; (3) the authorized takes 10:00 a.m. EDT on Wednesday, Director, Office of Protected Resources, represent small numbers of marine National Marine Fisheries Service. December 18, 2019. Statements may be mammals relative to the affected stock sent via email to [email protected], [FR Doc. 2019–26418 Filed 12–6–19; 8:45 am] abundances; and (4) the Navy’s via standard mail addressed to the U.S. activities will not have an unmitigable BILLING CODE 3510–22–P Election Assistance Commission, 1335 adverse impact on taking for subsistence East West Highway, Suite 4300, Silver purposes as no relevant subsistence uses Spring, MD 20910, or by fax at 301– of marine mammals are implicated by ELECTION ASSISTANCE COMMISSION 734–3108. this action. Technical Guidelines Development This conference call will be open to National Environmental Policy Act Committee; Meeting the public. Nichelle S. Williams, To comply with the National AGENCY: U.S. Election Assistance Environmental Policy Act of 1969 Commission. Director of Research, U.S. Election Assistance (NEPA; 42 U.S.C. 4321 et seq.) and Commission. ACTION: Notice of conference call NOAA Administrative Order (NAO) [FR Doc. 2019–26187 Filed 12–6–19; 8:45 am] meeting. 216–6A, NMFS must review our BILLING CODE 6820–KF–P

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DEPARTMENT OF ENERGY [email protected], (866) on or before the specified comment date 208–3676 (toll free), or (202) 502–8659 for the particular application. Federal Energy Regulatory (TTY). In lieu of electronic filing, please All filings must (1) bear in all capital Commission send a paper copy to: Secretary, Federal letters the title ‘‘PROTEST’’, ‘‘MOTION Energy Regulatory Commission, 888 [Project No. 10674–017] TO INTERVENE’’, ‘‘COMMENTS’’, First Street NE, Washington, DC 20426. ‘‘REPLY COMMENTS’’, Kaukauna Utilities; Notice of The first page of any filing should ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Application Accepted for Filing, include docket number P–10674–017. AND CONDITIONS,’’ or Soliciting Motions To Intervene and The Commission’s Rules of Practice ‘‘PRESCRIPTIONS;’’ (2) set forth in the Protests, Ready for Environmental require all intervenors filing documents heading the name of the applicant and Analysis, and Soliciting Comments, with the Commission to serve a copy of the project number of the application to Recommendations, Terms and that document on each person on the which the filing responds; (3) furnish Conditions, and Prescriptions official service list for the project. the name, address, and telephone Further, if an intervenor files comments number of the person protesting or Take notice that the following or documents with the Commission intervening; and (4) otherwise comply hydroelectric application has been filed relating to the merits of an issue that with the requirements of 18 CFR with the Commission and is available may affect the responsibilities of a 385.2001 through 385.2005. All for public inspection. particular resource agency, they must comments, recommendations, terms and a. Type of Application: New Major also serve a copy of the document on conditions or prescriptions must set License. that resource agency. forth their evidentiary basis and b. Project No.: 10674–017. k. This application has been accepted otherwise comply with the requirements c. Date filed: February 14, 2019. and is ready for environmental analysis of 18 CFR 4.34(b). Agencies may obtain d. Applicant: Kaukauna Utilities. at this time. copies of the application directly from e. Name of Project: Kimberly l. The Kimberly Project consists of: (1) the applicant. A copy of any protest or Hydroelectric Project (Kimberly Project). A 161-foot-long, 43-foot-wide, 61-foot- motion to intervene must be served f. Location: The Kimberly Project is high reinforced concrete and brick upon each representative of the located at the U.S. Army Corps of masonry powerhouse located at the applicant specified in the particular Engineers’ (Corps) Cedars Dam on the south abutment of the Corps’ Cedars application. A copy of all other filings Lower Fox River in the Village of Dam and containing three turbine- in reference to this application must be Kimberly in Outagamie County, generator units each rated at 723 accompanied by proof of service on all Wisconsin. The proposed project kilowatts for a total installed capacity of persons listed in the service list boundary would include 0.0225 acres of 2.170 megawatts; (2) a 2.4-kilovolts (kV) prepared by the Commission in this federal land. to 34.5-kV step-up transformer; (3) a proceeding, in accordance with 18 CFR g. Filed Pursuant to: Federal Power 320-foot-long, 2.4-kV transmission line; 4.34(b) and 385.2010. Act 16 U.S.C. 791 (a)–825(r). and (4) appurtenant facilities. The You may also register online at http:// h. Applicant Contact: Mike Pedersen, project is directly connected to a 34.5- www.ferc.gov/docs-filing/ Manager of Generation and Operations, kV local distribution line, which is not esubscription.asp to be notified via Kaukauna Utilities, 777 Island Street, part of the project. The average annual email of new filings and issuances P.O. Box 1777, Kaukauna, WI 54130– generation was 12,324,827 kilowatt- related to this or other pending projects. 7077, (902) 766–05721. hours for the period 2011 to 2017. For assistance, contact FERC Online i. FERC Contact: Colleen Corballis, m. A copy of the application is Support. (202) 502–8598, colleen.corballis@ available for review at the Commission o. A license applicant must file no ferc.gov. in the Public Reference Room or may be later than 60 days following the date of j. Deadline for filing motions to viewed on the Commission’s website at issuance of this notice: (1) A copy of the intervene and protests, comments, http://www.ferc.gov using the water quality certification; (2) a copy of recommendations, terms and ‘‘eLibrary’’ link. Enter the docket the request for certification, including conditions, and prescriptions: 60 days number excluding the last three digits in proof of the date on which the certifying from the issuance date of this notice; the docket number field to access the agency received the request; or (3) reply comments are due 105 days from document. For assistance, contact FERC evidence of waiver of water quality the issuance date of this notice. Online Support. A copy is also available certification. The Commission strongly encourages for inspection and reproduction at the p. Procedural schedule: The electronic filing. Please file motions to address in item h above. application will be processed according intervene and protests, comments, n. Anyone may submit comments, a to the following schedule. Revisions to recommendations, terms and protest, or a motion to intervene in the schedule will be made as conditions, and prescriptions using the accordance with the requirements of appropriate. Commission’s eFiling system at http:// Rules of Practice and Procedure, 18 CFR Commission issues Environmental www.ferc.gov/docs-filing/efiling.asp. 385.210, .211, and .214. In determining Assessment—June 2020 Commenters can submit brief comments the appropriate action to take, the Comments on Environmental up to 6,000 characters, without prior Commission will consider all protests or Assessment—July 2020 registration, using the eComment system other comments filed, but only those at http://www.ferc.gov/docs-filing/ who file a motion to intervene in Dated: December 3, 2019. ecomment.asp. You must include your accordance with the Commission’s Kimberly D. Bose, name and contact information at the end Rules may become a party to the Secretary. of your comments. For assistance, proceeding. Any comments, protests, or [FR Doc. 2019–26459 Filed 12–6–19; 8:45 am] please contact FERC Online Support at motions to intervene must be received BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY order to form an adequate factual basis Issue Acceptance Letter—April 2020 for a complete analysis of the Issue Scoping Document 1 for Federal Energy Regulatory application on its merit, the resource comments—May 2020 Commission agency, Indian Tribe, or person must file Request Additional Information (if necessary)—July 2020 [Project No. 14797–001] a request for a study with the Commission not later than 60 days from Issue Scoping Document 2—August California Department of Water the date of filing of the application, and 2020 Issue notice of ready for environmental Resources; Notice of Application serve a copy of the request on the analysis—August 2020 Tendered for Filing With the applicant. l. Deadline for filing additional study Commission issues EA—February 2021 Commission and Soliciting Additional Comments on EA—March 2021 Study Requests and Establishing requests and requests for cooperating Final amendments to the application Procedural Schedule for Relicensing agency status: January 20, 2019. must be filed with the Commission no and a Deadline for Submission of Final The Commission strongly encourages later than 30 days from the issuance Amendments electronic filing. Please file additional study requests and requests for date of the notice of ready for Take notice that the following cooperating agency status using the environmental analysis. hydroelectric application has been filed Commission’s eFiling system at http:// Dated: December 3, 2019. with the Commission and is available www.ferc.gov/docs-filing/efiling.asp. For Kimberly D. Bose, for public inspection. assistance, please contact FERC Online Secretary. a. Type of Application: New Major Support at FERCOnlineSupport@ [FR Doc. 2019–26460 Filed 12–6–19; 8:45 am] License. ferc.gov, (866) 208–3676 (toll free), or b. Project No.: 14797–001. (202) 502–8659 (TTY). In lieu of BILLING CODE 6717–01–P c. Date filed: November 20, 2019. electronic filing, please send a paper d. Applicant: California Department copy to: Secretary, Federal Energy DEPARTMENT OF ENERGY of Water Resources. Regulatory Commission, 888 First Street e. Name of Project: Devil Canyon NE, Washington, DC 20426. The first Federal Energy Regulatory Project (currently licensed as part of the page of any filing should include docket Commission South SWP Project No. 2426; proposed number P–14797–001. to be relicensed as a separate project). m. The application is not ready for [Docket No. IC19–29–000] f. Location: Along the East Branch of environmental analysis at this time. Commission Information Collection the California Aqueduct, in San n. The project consists of: (1) A 249- Activities (FERC–550); Comment Bernardino County, California. The foot-tall, 2,230-foot-long zoned earth Request; Extension project occupies 220.98 acres of United and rockfill dam impounding a 995-acre States lands administered by the U.S. reservoir; (2) intake structures and two AGENCY: Federal Energy Regulatory Department of Agriculture, Forest 1.3-mile-long steel penstocks; (3) a Commission. Service, as part of the San Bernardino powerhouse with four turbine- ACTION: Notice of information collection National Forest. generating units; (4) a switchyard with and request for comments. g. Filed Pursuant to: Federal Power four step-up transformers; and (5) Act 16 U.S.C. 791 (a)–825(r). appurtenant facilities. The project’s SUMMARY: In compliance with the h. Applicant Contact: Gwen estimated annual generation is 836 requirements of the Paperwork Knittweis, Chief, Hydropower License gigawatt-hours. Reduction Act of 1995 (PRA), the Planning and Compliance Office, o. A copy of the application is Federal Energy Regulatory Commission California Department of Water available for review at the Commission (Commission or FERC) is soliciting Resources, P.O. Box 924836, in the Public Reference Room or may be public comment on the currently Sacramento, California 94236–0001; viewed on the Commission’s website at approved information collection FERC– (916) 557–4554; email— http://www.ferc.gov using the 550 (Oil Pipeline Rates-Tariff Filings) [email protected]. ‘‘eLibrary’’ link. Enter the docket and submitting the information i. FERC Contact: Kyle Olcott at (202) number excluding the last three digits in collection to the Office of Management 502–8963; or email at kyle.olcott@ the docket number field to access the and Budget (OMB) for review. Any ferc.gov. document. For assistance, contact FERC interested person may file comments j. Cooperating agencies: Federal, state, Online Support. A copy is also available directly with OMB and should address local, and tribal agencies with for inspection and reproduction at the a copy of those comments to the jurisdiction and/or special expertise address in item h above. Commission as explained below. with respect to environmental issues You may also register online at http:// DATES: Comments on the collection of that wish to cooperate in the www.ferc.gov/docs-filing/ information are due January 8, 2020. preparation of the environmental esubscription.asp to be notified via ADDRESSES: Comments filed with OMB, document should follow the email of new filings and issuances identified by OMB Control No. 1902– instructions for filing such requests related to this or other pending projects. 0089, should be sent via email to the described in item l below. Cooperating For assistance, contact FERC Online Office of Information and Regulatory agencies should note the Commission’s Support. Affairs: [email protected] policy that agencies that cooperate in p. Procedural schedule and final Attention: Federal Energy Regulatory the preparation of the environmental amendments: The application will be Commission Desk Officer. document cannot also intervene. See, 94 processed according to the following A copy of the comments should also FERC ¶ 61,076 (2001). preliminary schedule. Revisions to the be sent to the Commission, in Docket k. Pursuant to section 4.32(b)(7) of 18 schedule will be made as appropriate. No. IC19–29–000, by either of the CFR of the Commission’s regulations, if Issue Deficiency Letter (if necessary)— following methods: any resource agency, Indian Tribe, or January 2020 • eFiling at Commission’s Website: person believes that an additional Request Additional Information— http://www.ferc.gov/docs-filing/ scientific study should be conducted in January 2020 efiling.asp.

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• Mail/Hand Delivery/Courier: SUPPLEMENTARY INFORMATION: • establishment of equal service Federal Energy Regulatory Commission, Title: FERC–550, Oil Pipeline Rates— conditions to provide shippers with Secretary of the Commission, 888 First Tariff Filings. equal access to pipeline transportation; Street NE, Washington, DC 20426. OMB Control No.: 1902–0089. • establishment of reasonable rates Instructions: All submissions must be Type of Request: Three-year extension for transporting petroleum and formatted and filed in accordance with of the FERC–550 information collection petroleum products by pipeline. submission guidelines at http:// requirements with no changes to the The FERC–550 filing requirements for www.ferc.gov/help/submission- current reporting requirements. oil pipeline tariffs and rates 1 provide guide.asp. For user assistance, contact Abstract: On July 30, 2019 (84 FR the Commission with the information it FERC Online Support by email at 36915), the Commission published a needs to analyze proposed tariffs, rates, [email protected], or by phone Notice in the Federal Register in Docket fares, and charges of oil pipeline and at (866) 208–3676 (toll-free), or (202) No. IC19–29–000 requesting public other carriers in connection with the 502–8659 for TTY. comments. The Commission received no transportation of crude oil and Docket: Users interested in receiving public comments and is indicating that petroleum products. The Commission automatic notification of activity in this in the related submittal to OMB. docket or viewing/downloading FERC–550 is required to implement uses this information to determine comments and issuances in this docket sections of the Interstate Commerce Act whether the proposed tariffs and rates may do so at http://www.ferc.gov/docs- (ICA) (49 U.S.C. 1, et seq., 49 App. are just and reasonable. filing/docs-filing.asp. U.S.C. 1–85). The Commission’s Type of Respondent: Oil Pipeline. FOR FURTHER INFORMATION CONTACT: regulatory jurisdiction over oil pipeline Estimate of Annual Burden: 2 The Ellen Brown may be reached by email includes: Commission estimates the annual public at [email protected], telephone • Regulation of rates and practices of reporting burden and cost 3 for the at (202) 502–8663, and fax at (202) 273– oil pipeline companies engaged in FERC–550 information collection as 0873. interstate transportation; follows:

FERC–550: OIL PIPELINE RATES—TARIFF FILINGS

Annual Total annual burden hours & Cost per number of Total number Average burden hrs. & cost Number of respondents 4 total annual cost respondent responses per of responses ($) per response ($) ($) respondent

(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)

219 ...... 3.24 710 7 hrs.; $560 ...... 4,970 hrs.; $397,600 ...... $1,815.52

Comments: Comments are invited on: ENVIRONMENTAL PROTECTION and provide more efficient and effective (1) Whether the collection of AGENCY environmental protection. Inquiries may information is necessary for the proper be directed to Frances Eargle, performance of the functions of the [FRL–10002–79–OA] Designated Federal Officer, LGAC, U.S. Commission, including whether the EPA, (Mail Code 1301A), 1200 Local Government Advisory information will have practical utility; Pennsylvania Avenue NW, Washington, Committee (LGAC); Notice of Charter DC 20460, or [email protected]. (2) the accuracy of the agency’s estimate Renewal of the burden and cost of the collection Dated: November 6, 2019. of information, including the validity of AGENCY: Environmental Protection Jack Bowles, the methodology and assumptions used; Agency (EPA). Director, State and Local Relations, Office (3) ways to enhance the quality, utility ACTION: Notice. of Congressional and Intergovernmental and clarity of the information collection; Relations. and (4) ways to minimize the burden of Notice is hereby given that the [FR Doc. 2019–26467 Filed 12–6–19; 8:45 am] the collection of information on those Environmental Protection Agency (EPA) BILLING CODE 6560–50–P who are to respond, including the use has determined that, in accordance with of automated collection techniques or the provisions of the Federal Advisory other forms of information technology. Committee Act (FACA), 5 U.S.C. App. ENVIRONMENTAL PROTECTION 2., the Local Government Advisory AGENCY Dated: December 3, 2019. Committee (LGAC) is in the public Kimberly D. Bose, interest and is necessary in connection [FRL–10002–98–OAR] Secretary. with the performance of EPA’s duties. Allocations of Cross-State Air [FR Doc. 2019–26461 Filed 12–6–19; 8:45 am] Accordingly, LGAC will be renewed for Pollution Rule Allowances From New an additional two-year period. The BILLING CODE 6717–01–P Unit Set-Asides for 2019 Control purpose of LGAC is to provide advice Periods and recommendations to EPA’s Administrator on ways to improve its AGENCY: Environmental Protection partnership with Local Governments Agency (EPA).

1 18 Code of Federal Regulations (CFR) Parts 341– to or for a Federal agency. For further explanation completing the FERC–550 is similar to the cost of 348. of what is included in the information collection FERC employees. The cost figure is the FY2019 2 ‘‘Burden’’ is the total time, effort, or financial burden, refer to 5 CFR 1320.3. FERC average annual salary plus benefits resources expended by persons to generate, 3 The Commission staff thinks that the hourly cost ($167,091/year or $80/hour). maintain, retain, or disclose or provide information (for wages and benefits) for industry staff 4 This figure is rounded.

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ACTION: Notice of data availability a given control period are CSAPR- believes are inaccurate, (2) new (NODA). affected units that commenced proposed data upon which the commercial operation between January commenter believes EPA should rely SUMMARY: The Environmental Protection 1 of the year before that control period instead, and (3) the reasons why EPA Agency (EPA) is providing notice of the and November 30 of the year of that should rely on the commenter’s availability of preliminary lists of units control period. In the case of the 2019 proposed data and not the data eligible for second-round allocations of control periods, an eligible unit referenced in this notice. emission allowances for the 2019 therefore must have commenced EPA notes that an allocation or lack control periods from the new unit set- commercial operation between January of allocation of allowances to a given asides (NUSAs) established under the 1, 2018 and November 30, 2019 unit does not constitute a determination Cross-State Air Pollution Rule (CSAPR) (inclusive). Generally, where a unit is that CSAPR does or does not apply to trading programs. EPA has posted eligible to receive a second-round the unit. EPA also notes that under 40 spreadsheets containing the lists on NUSA allocation under a given CSAPR CFR 97.411(c), 97.511(c), 97.611(c), EPA’s website. EPA will consider timely trading program for a given control 97.711(c), and 97.811(c), allocations are objections to the lists before period, the unit’s maximum potential subject to potential correction if a unit determining the amounts of the second- second-round allocation equals the to which NUSA allowances have been round allocations. positive difference (if any) between the allocated for a given control period is DATES: Objections to the information unit’s emissions during the control not actually an affected unit as of the referenced in this notice must be period as reported under 40 CFR part 75 start of that control period. received on or before January 8, 2020. and any first-round NUSA allocation the (Authority: 40 CFR 97.411(b), 97.511(b), ADDRESSES: Submit your objections via unit received. If the total of such 97.611(b), 97.711(b), and 97.811(b).) _ maximum potential allocations to all email to CSAPR [email protected]. Dated: November 30, 2019. Include ‘‘2019 NUSA allocations’’ in the eligible units would exceed the total Reid P. Harvey, email subject line and include your allowances remaining in the NUSA, the name, title, affiliation, address, phone allocations are reduced on a pro-rata Director, Clean Air Markets Division, Office basis. EPA notes that under 40 CFR of Atmospheric Programs, Office of Air and number, and email address in the body Radiation. of the email. 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), [FR Doc. 2019–26466 Filed 12–6–19; 8:45 am] FOR FURTHER INFORMATION CONTACT: 97.706(c)(3), and 97.806(c)(3), a unit’s BILLING CODE 6560–50–P Questions concerning this action should emissions occurring before its monitor be addressed to Jason Kuhns at (202) certification deadline are not considered to have occurred during a control period 564–3236 or [email protected] or EXPORT-IMPORT BANK Andrew Reighart at (202) 564–0418 or and consequently are not included in [email protected]. the emission amounts used to determine [Public Notice: 2019–3026] NUSA allocations. SUPPLEMENTARY INFORMATION: Under The preliminary lists of eligible units Agency Information Collection each CSAPR trading program where are set forth in Excel spreadsheets titled Activities: Comment Request EPA is responsible for determining ‘‘CSAPR_NUSA_2019_NOX_Annual_ emission allowance allocations, a 2nd_Round_Prelim_Data,’’ ‘‘CSAPR_ AGENCY: Export-Import Bank of the portion of each state’s emissions budget NUSA_2019_NOX_Ozone_Season_2nd_ United States. for the program for each control period Round_Prelim_Data,’’ and’’ ‘‘CSAPR_ ACTION: Submission for OMB review and is reserved in a NUSA (and in an NUSA_2019_SO2_2nd_Round_Prelim_ comments request. additional Indian country NUSA in the Data’’ available on EPA’s website at case of states with Indian country https://www.epa.gov/csapr/csapr- Form Title: EIB 12–01 Medium-Term within their borders) for allocation to compliance-year-2019-nusa-nodas. Each Master Guarantee Agreement certain units that would not otherwise spreadsheet contains a separate Disbursement Approval Request. receive allowance allocations. The worksheet for each state covered by that SUMMARY: The Export-Import Bank of procedures for identifying the eligible program showing each unit the United States (EXIM Bank), as part units for each control period and for preliminarily identified as eligible for a of its continuing effort to reduce allocating allowances from the NUSAs second-round NUSA allocation. Each paperwork and respondent burden, and Indian country NUSAs to these state worksheet also contains a invites the general public and other units are set forth in the CSAPR trading summary showing (1) the quantity of Federal Agencies to comment on the program regulations at 40 CFR 97.411(b) allowances initially available in that proposed information collection, as and 97.412 (NOX Annual), 97.511(b) and state’s 2019 NUSA, (2) the sum of the required by the Paperwork Reduction 97.512 (NOX Ozone Season Group 1), 2019 NUSA allowance allocations that Act of 1995. EXIM Bank has an 97.611(b) and 97.612 (SO2 Group 1), were made in the first round to new electronic disbursement approval 97.711(b) and 97.712 (SO2 Group 2), and units in that state, if any, and (3) the processing system for guarantee lenders 97.811(b) and 97.812 (NOX Ozone quantity of allowances in the 2019 with transactions documented under Season Group 2). Each NUSA allowance NUSA available for second-round Medium-Term Master Guarantee allocation process involves up to two allocations to new units (or ultimately Agreements. After an export transaction rounds of allocations to eligible units, for allocations to existing units), if any. has been authorized by EXIM Bank and termed ‘‘new’’ units, followed by the Objections should be strictly limited legal documentation has been allocation to ‘‘existing’’ units of any to whether EPA has correctly identified completed, the lender will obtain and allowances not allocated to new units. the units eligible for second-round 2019 review the required disbursement This notice concerns EPA’s NUSA allocations according to the documents (e.g., invoices, bills of preliminary identification of units criteria established in the regulations lading, Exporter’s Certificate, etc.) and eligible to receive allowances in the and should be emailed to the address will disburse the proceeds of the loan second round of NUSA allocations for identified in ADDRESSES. Objections for eligible goods and services. In order the 2019 control periods. The units must include: (1) Precise identification to obtain approval of the disbursement, eligible for second-round allocations for of the specific data the commenter the lender will access and complete an

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electronic questionnaire through EXIM ACTION: New Submission for OMB Affected Public Bank’s online application system (EXIM review and final comments request. This form affects entities involved in Online). Using the form, the lender will the export of U.S. goods and services. Form Title: EIB 15–04 Exporter’s input key data and request EXIM Bank’s Annual Number of Respondents: 30. Certificate for Co-Financed Loan, approval of the disbursement. EXIM Estimated Time per Respondent: 30 Guarantee & MT Insurance Programs. Bank’s action (approved or denied) is minutes. posted on the lender’s history page. SUMMARY: The Export-Import Bank of Annual Burden Hours: 15 hours. The information collected in the the United States (Ex-Im Bank), as part Frequency of Reporting of Use: As questionnaire will assist EXIM Bank in of its continuing effort to reduce required. determining that each disbursement paperwork and respondent burden, under a Medium-Term Guarantee meets invites the general public and other Government Expenses all the terms and conditions for Federal Agencies to comment on the Reviewing time per year: 0.5 hours. approval. proposed information collection, as Average Wages per Hour: $42.50. The information collection tool can be required by the Paperwork Reduction Average Cost per Year: $21.25 (time * reviewed at: http://exim.gov/sites/ Act of 1995. Ex-Im Bank’s borrowers, wages). default/files/pub/pending/eib12-01.pdf. financial institution policy holders and Benefits and Overhead: 20%. DATES: Comments must be received on guaranteed lenders provide this form to Total Government Cost: $25.5. or before January 8, 2020 to be assured U.S. exporters, who certify to the of consideration. eligibility of their exports for Ex-Im Bassam Doughman, ADDRESSES: Comments may be Bank support. For direct loans and loan IT Project Manager, Office of the Chief submitted electronically on guarantees, the completed form is Information Officer. www.regulations.gov or by mail to required to be submitted at time of [FR Doc. 2019–26411 Filed 12–6–19; 8:45 am] Office of Information and Regulatory disbursement and held by either the BILLING CODE 6690–01–P Affairs, 725 17th Street NW, guaranteed lender or Ex-Im Bank. For Washington, DC 20038, Attn: OMB MT insurance, the completed forms are 3048–0049. held by the financial institution, only to EXPORT-IMPORT BANK SUPPLEMENTARY INFORMATION: be submitted to Ex-Im Bank in the event [Public Notice 2019–3028] Title and Form Number: EIB 12–01 of a claim filing. Ex-Im Bank uses the Medium-Term Master Guarantee referenced form to obtain exporter Agency Information Collection Agreement Disbursement Approval certifications regarding the export Activities: Final Collection; Comment Request. transaction, content sourcing, and their Request eligibility to participate in USG OMB Number: 3048–0049. AGENCY: Export-Import Bank of the U.S. Type of Review: Regular. programs with respect to co-financed Need and Use: The information transactions. These details are necessary ACTION: Submission for OMB review and requested enables EXIM Bank to to determine the value and legitimacy of comments request. Ex-Im Bank financing support and determine that a disbursement under a Form Title: EIB 09–01 Payment claims submitted. It also provides the Medium-Term Guarantee meets all of Default Report OMB 3048–0028. the terms and conditions for approval. financial institutions a check on the Affected Public: This form affects export transaction’s eligibility at the SUMMARY: The Export-Import Bank of lenders involved in the financing of U.S. time it is fulfilling a financing request. the United States (EXIM), as a part of its continuing effort to reduce paperwork goods and services exports. The information collection tool can be and respondent burden, invites the Annual Number of Respondents: 150. reviewed at: http://www.exim.gov/sites/ general public and other Federal Estimated Time per Respondent: 30 default/files/pub/pending/eib15-04.pdf. minutes. Agencies to comment on the proposed Annual Burden Hours: 75 hours. DATES: Comments must be received on information collection, as required by Frequency of Reporting of Use: or before January 8, 2020 to be assured the Paperwork Reduction Act of 1995. Annual. of consideration. This collection allows insured/ Government Expenses: ADDRESSES: Comments may be guaranteed parties and insurance Reviewing time per year: 38 hours. submitted electronically on brokers to report overdue payments Average Wages per Hour: $42.50. www.regulations.gov or by mail to from the borrower and/or guarantor. To Average Cost per Year: $1,615.00 Office of Information and Regulatory facilitate completion, the form includes (time * wages). Affairs, 725 17th Street NW, many checkboxes and self-populating Benefits and Overhead: 20%. Washington, DC 20038. Attn: OMB fields. Also, customers can submit it Total Government Cost: $1,938. 3048–00XX EIB15–04. electronically through EXIM Online, replacing paper reporting. EXIM Bassam Doughman, SUPPLEMENTARY INFORMATION: provides insurance, loans, and loan IT Project Manager. Title and Form Number: EIB 15–04 guarantees for the financing of exports [FR Doc. 2019–26412 Filed 12–6–19; 8:45 am] Exporter’s Certificate for Co-Financed of goods and services. BILLING CODE 6690–01–P Loan, Guarantee & MT Insurance The form can be viewed at: https:// Programs. www.exim.gov/sites/default/files// OMB Number: 3048–0052. forms/eib09-01_0.pdf. EXPORT-IMPORT BANK Type of Review: Regular. DATES: Comments should be received on [Public Notice: 2019–3025] Need and Use: The information or before January 8, 2020, to be assured of consideration. Agency Information Collection collected will allow Ex-Im Bank to Activities: Comment Request determine compliance and content for ADDRESSES: Comments may be transaction requests submitted to Ex-Im submitted electronically on http:// AGENCY: Export-Import Bank of the Bank under its co-financed insurance, www.regulations.gov or mail to Mr. Gary United States. guarantee, and direct loan programs. Allo, Export Import Bank of the United

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States, 811 Vermont Ave. NW, whom are U.S. small businesses, who Total Government Cost: $219,300. Washington, DC 20571. Attn: 3048– export U.S. goods and services. This Bassam Doughman, 0028. application provides EXIM Bank with the credit information necessary to Project Manager, Agency Clearance Officer, FOR FURTHER INFORMATION CONTACT: Gary Office of the Chief Information Officer. Allo, Export Import Bank of the United make a determination of eligibility of a transaction for EXIM Bank support with [FR Doc. 2019–26414 Filed 12–6–19; 8:45 am] States, 811 Vermont Avenue NW, BILLING CODE 6690–01–P Washington, DC 20571. a foreign buyer credit request and to obtain legislatively required assurance SUPPLEMENTARY INFORMATION: of repayment and fulfills other statutory Titles and Form Number: EIB 09–01, EXPORT-IMPORT BANK requirements. The application can be Payment Default Report. [Public Notice: 2019–3027] OMB Number: 3048–0028. reviewed at: http://www.exim.gov/sites/ Type of Review: Regular. default/files/pub/pending/eib-92-51.pdf Application for Special Buyer Credit Agency Information Collection Need and Use: The information Activities: Comment Request requested enables insured/guaranteed Limit Multi-buyer Credit Insurance parties and insurance brokers to report Policy. AGENCY: Export-Import Bank of the overdue payments from the borrower DATES: Comments should be received on United States. and/or guarantor. or before January 8, 2020 to be assured ACTION: Submission for OMB review and comments request. Affected Public of consideration. This form affects Insured/guaranteed ADDRESSES: Comments may be Form Title: EIB 12–02 Credit parties and brokers. submitted electronically on Guarantee Facility Disbursement Annual Number of Respondents: 500. WWW.REGULATIONS.GOV or by mail Approval Request. Estimated Time per Respondent: 15 to Office of Information and Regulatory SUMMARY: The Export-Import Bank of minutes. Affairs, 725 17th Street NW, the United States (EXIM Bank), as part Annual Burden Hours: 125 hours. Washington, DC 20038. Attn: OMB of its continuing effort to reduce Frequency of Reporting of Use: 3048–0015. paperwork and respondent burden, Annual. SUPPLEMENTARY INFORMATION: invites the general public and other Government Expenses Titles and Form Number: EIB 92–51 Federal Agencies to comment on the Application for Special buyer credit proposed information collection, as Reviewing time per year: 8.3 hours. Limit Multi-buyer Credit Insurance required by the Paperwork Reduction Average Wages per Hour: $42.50. Policy. Act of 1995. Average Cost per Year (time * wages): OMB Number: 3048–0015. EXIM Bank has an electronic $354.02. disbursement approval processing Type of Review: Regular. Benefits and Overhead: 20%. system for guaranteed lenders with Total Government Cost: $424.83. Need and Use: The information Credit Guarantee Facilities. After a requested enables the applicant to Bassam Doughman, Credit Guarantee Facility (CGF) has provide EXIM Bank with the been authorized by EXIM Bank and IT Specialist. information necessary to obtain [FR Doc. 2019–26415 Filed 12–6–19; 8:45 am] legal documentation has been legislatively required assurance of completed, the lender will obtain and BILLING CODE 6690–01–P repayment and fulfills other statutory review the required disbursement requirements. documents (e.g., invoices, bills of EXPORT-IMPORT BANK The only changes to this form are to lading, Exporter’s Certificate, etc.) and have the summary of credit experience will disburse the proceeds of the loan [Public Notice: 2019–3029] with the buyer mirror the questions of for eligible goods and services. In order our computer-based program: Ex-Im to obtain approval of the disbursement, Agency Information Collection online. No new information is being the lender will access and complete an Activities: Comment Request collected. electronic questionnaire through EXIM AGENCY: Export-Import Bank of the Affected Public Bank’s online application system (EXIM United States. Online). Using the form, the lender will ACTION: Submission for OMB review and This form affects entities involved in input key data and request EXIM Bank’s final comments request. the export of U.S. goods and services. approval of the disbursement. EXIM The number of respondents: 4,300. Bank’s action (approved or denied) is Form Title: EIB 92–51 Application for Estimated time per respondents: 25 posted on the lender’s history page. Special Buyer Credit Limit under the minutes. The information collected in the Multi-Buyer Export Credit Insurance The frequency of response: As questionnaire will assist EXIM Bank in Policy. needed. determining that each disbursement under a Medium-Term Guarantee meets SUMMARY: The Export-Import Bank of Annual hour burden: 1,792 total all the terms and conditions for the United States (EXIM Bank), as a part hours. of its continuing effort to reduce approval. paperwork and respondent burden, Government Expenses The information collection tool can be reviewed at: http://exim.gov/sites/ invites the general public and other Reviewing time per hour: 1 hour. Federal Agencies to comment on the default/files/pub/pending/eib12-02.pdf. Responses per year: 4,300. proposed information collection, as DATES: Comments must be received on required by the Paperwork Reduction Reviewing time per year: 4,300 hours. or before January 8, 2020 to be assured Act of 1995. The Application for Special Average Wages per hour: $42.50. of consideration. Buyer Credit Limit under the Multi- Average cost per year (time * wages): ADDRESSES: Comments may be Buyer Export Credit Insurance Policy is $182,750. submitted electronically on used by policyholders, the majority of Benefits and overhead: 20%. www.regulations.gov or by mail to

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Office of Information and Regulatory the accuracy of the Commission’s authority for the collection is contained Affairs, 725 17th Street NW, burden estimate; ways to enhance the Sections 154(i), 303, 307 and 308 of the Washington, DC 20038, Attn: OMB quality, utility, and clarity of the Communications Act of 1934, as 3048–0046. information collected; ways to minimize amended, and Section 204 of the SUPPLEMENTARY INFORMATION: the burden of the collection of Telecommunications Act of 1996. Title and Form Number: EIB 12–02 information on the respondents, Nature and Extent of Confidentiality: Credit Guarantee Facility Disbursement including the use of automated There is no need for confidentiality with Approval Request. collection techniques or other forms of this information collection. OMB Number: 3048–0046. information technology; and ways to Privacy Act Impact Assessment: No Type of Review: Regular. further reduce the information impact(s). Need and Use: The information collection burden on small business Needs and Uses: The Licensing requested enables EXIM Bank to concerns with fewer than 25 employees. Management System (LMS) Form determine that a disbursement under a The FCC may not conduct or sponsor Schedule 303–S is used in applying for Credit Guarantee Facility meets all of a collection of information unless it renewal of license for commercial or the terms and conditions for approval. displays a currently valid Office of noncommercial AM, FM, TV, FM Management and Budget (OMB) control Affected Public translator, TV translator, Class A TV, or number. No person shall be subject to Low Power TV, and Low Power FM This form affects lenders involved in any penalty for failing to comply with broadcast station licenses. Licensees of the financing of U.S. goods and services a collection of information subject to the broadcast stations must apply for exports. PRA that does not display a valid OMB renewal of their licenses every eight Annual Number of Respondents: 50. control number. years. The Commission is revising this Estimated Time per Respondent: 60 DATES: Written PRA comments should collection to reflect the adoption of a minutes. be submitted on or before February 7, Report and Order (‘‘R&O’’) in MB Annual Burden Hours: 50 hours. 2020. If you anticipate that you will be Docket No. 17–105 and 12–202, FCC Frequency of Reporting of Use: submitting comments, but find it 19–67, In the Matter of Children’s Annual. difficult to do so within the period of Television Programming Rules; Government Expenses time allowed by this notice, you should Modernization of Media Regulation advise the contact listed below as soon Initiative, adopted and released on July Reviewing time per year: 25 hours. as possible. 10, 2019. The R&O modernizes the Average Wages per Hour: $42.50. Average Cost per Year: $1,062.50 ADDRESSES: Direct all PRA comments to children’s television programming rules (time * wages). Cathy Williams, FCC, via email PRA@ in light of changes to the media Benefits and Overhead: 20%. fcc.gov and to [email protected]. landscape that have occurred since the Total Government Cost: $1,275. FOR FURTHER INFORMATION CONTACT: For rules were first adopted. Among other additional information about the revisions, the R&O revises the children’s Bassam Doughman, information collection, contact Cathy television programming rules to expand IT Project Manager. Williams, (202) 418–2918. the Core Programming hours to 6:00 [FR Doc. 2019–26413 Filed 12–6–19; 8:45 am] SUPPLEMENTARY INFORMATION: a.m. to 10:00 p.m.; modify the safe BILLING CODE 6690–01–P OMB Control Number: 3060–0110. harbor processing guidelines for Title: FCC Form 2100, Application for determining compliance with the Renewal of Broadcast Station License, children’s programming rules; requires FEDERAL COMMUNICATIONS LMS Schedule 303–S. that broadcast stations air the COMMISSION Form Number: FCC 2100, LMS substantial majority of their Core Programming on their primary program [OMB 3060–0110; FRS 16299] Schedule 303–S. Type of Review: Revision of a streams, but permit broadcast stations to air up to 13 hours per quarter of Information Collection Being Reviewed currently approved collection. regularly scheduled weekly by the Federal Communications Respondents: Business or other for- programming on a multicast stream; Commission profit entities; Not for profit institutions; State, Local or Tribal Governments. eliminates the additional processing AGENCY: Federal Communications Number of Respondent and guideline applicable to stations that Commission. Responses: 5,126 respondents, 5,126 multicast; and modify the rules ACTION: Notice and request for responses. governing preemption of Core comments. Obligation to Respond: Required to Programming. In addition, the R&O obtain or retain benefits. The statutory eliminates the requirements that the SUMMARY: As part of its continuing effort authority for this collection of reports include information describing to reduce paperwork burdens, and as information is contained in Sections the educational and informational required by the Paperwork Reduction 154(i), 303, 307 and 308 of the purpose of each Core Program aired Act of 1995 (PRA), the Federal Communications Act of 1934, as during the current reporting period and Communications Commission (FCC or amended, and Section 204 of the each Core Program that the licensee Commission) invites the general public Telecommunications Act of 1996. expects to air during the next reporting and other Federal agencies to take this Estimated Time per Response: 1.2–12 period; eliminating the requirement to opportunity to comment on the hours. identify the program guide publishers following information collections. Frequency of Response: Every eight- who were sent information regarding Comments are requested concerning: year reporting requirement; Third party the licensee’s Core Programs; and Whether the proposed collection of disclosure requirement. streamlining the form by eliminating information is necessary for the proper Total Annual Burden: 13,554 hours. certain fields. The R&O also eliminates performance of the functions of the Total Annual Costs: $5,786.268. the requirement to publicize the Commission, including whether the Obligation of Response: Required to Children’s Television Programming information shall have practical utility; obtain or retain benefits. The statutory Reports.

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Accordingly, we are revising FCC FEDERAL DEPOSIT INSURANCE affairs of the former institutions and Form 2100, 303–S in order to clarify the CORPORATION liquidating all related assets. The new requirements in accordance with Receiver has fulfilled its obligations and the aforementioned R&O. Notice of Termination of Receiverships made all dividend distributions required by law. Federal Communications Commission. The Federal Deposit Insurance Marlene Dortch, Corporation (FDIC or Receiver), as Secretary, Office of the Secretary. Receiver for each of the following [FR Doc. 2019–26449 Filed 12–6–19; 8:45 am] insured depository institutions, was BILLING CODE 6712–01–P charged with the duty of winding up the

NOTICE OF TERMINATION OF RECEIVERSHIPS

Termination Fund Receivership name City State date

4382 ...... Citytrust ...... Bridgeport ...... CT 12/1/2019 10356 ...... Nexity Bank ...... Birmingham ...... AL 12/1/2019

The Receiver has further irrevocably applications will also be available for Grandparents Raising Grandchildren authorized and appointed FDIC- inspection at the offices of the Board of Act. Corporate as its attorney-in-fact to Governors. Interested persons may DATES: Comments on the request for execute and file any and all documents express their views in writing on the information must be submitted by 11:59 that may be required to be executed by standards enumerated in the BHC Act p.m. (EST) December 9, 2019. the Receiver which FDIC-Corporate, in (12 U.S.C. 1842(c)). ADDRESSES: You may submit its sole discretion, deems necessary, Comments regarding each of these information here: https://acl.gov/form/ including but not limited to releases, applications must be received at the sgrg-form. discharges, satisfactions, endorsements, Reserve Bank indicated or the offices of SUPPLEMENTARY INFORMATION: assignments, and deeds. Effective on the the Board of Governors, Ann E. The termination dates listed above, the Misback, Secretary of the Board, 20th Administration for Community Living is Receiverships have been terminated, the Street and Constitution Avenue NW, requesting information to assist the Receiver has been discharged, and the Washington, DC 20551–0001, not later Advisory Council to Support Receiverships have ceased to exist as than January 8, 2020. Grandparents Raising Grandchildren legal entities. A. Federal Reserve Bank of Kansas (the Advisory Council) in the City (Dennis Denney, Assistant Vice development of an initial Report to Authority: 12 U.S.C. 1819. President) 1 Memorial Drive, Kansas Congress. Per the ‘‘Supporting Federal Deposit Insurance Corporation. City, Missouri 64198–0001: Grandparents Raising Grandchildren Dated at Washington, DC, on December 3, 1. The Peoples Bankshares LTD., Act,’’ the initial Report to Congress 2019. Pratt, Kansas; to acquire Osborne ‘‘shall include best practices, resources, Annmarie H. Boyd, Investments, Inc., and thereby indirectly and other useful information for Assistant Executive Secretary. acquire The Farmers Bank of Osborne, grandparents and other older relatives [FR Doc. 2019–26417 Filed 12–6–19; 8:45 am] Kansas, both of Osborne, Kansas. raising children’’ including, if applicable, any information related to BILLING CODE 6714–01–P Board of Governors of the Federal Reserve System, December 4, 2019. the needs of children who have been Yao-Chin Chao impacted by the opioid epidemic; an identification of any gaps in resources FEDERAL RESERVE SYSTEM Assistant Secretary of the Board. or information; as well as considerations [FR Doc. 2019–26474 Filed 12–6–19; 8:45 am] Formations of, Acquisitions by, and of the needs of members of Native Mergers of Bank Holding Companies BILLING CODE P American tribes. The companies listed in this notice Please Note: This request is for information and planning purposes only and should not have applied to the Board for approval, DEPARTMENT OF HEALTH AND be construed as a solicitation or as an pursuant to the Bank Holding Company HUMAN SERVICES obligation on the part of the federal Act of 1956 (12 U.S.C. 1841 et seq.) government or the Administration for (BHC Act), Regulation Y (12 CFR part Administration for Community Living Community Living (ACL). ACL does not 225), and all other applicable statutes intend to make any grant or contract awards and regulations to become a bank Request for Information: Family based on responses to this invitation, or to holding company and/or to acquire the Caregiving Advisory Council otherwise pay for the preparation of any information submitted or for the assets or the ownership of, control of, or AGENCY: Administration for Community government’s use of such information. the power to vote shares of a bank or Living, HHS. bank holding company and all of the ACTION: Notice. ACL is not authorized to receive banks and nonbanking companies personally identifiable information owned by the bank holding company, SUMMARY: The Administrator of the through this public comment including the companies listed below. Administration for Community Living opportunity, beyond the contact The applications listed below, as well and the Advisory Council to Support information of the person submitting as other related filings required by the Grandparents Raising Grandchildren input. Please do not include any other Board, if any, are available for seek information to be used in the personally identifiable information in immediate inspection at the Federal development of the Initial Report, as your comment. For example, do not Reserve Bank indicated. The required by the Supporting include the name, address, phone

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number or Social Security number of Congressional committees, state the opioid crisis and the needs of any individual you believe has agencies responsible for carrying out members of Native American tribes. experienced abuse, neglect or financial family caregiver support programs; and How To Submit a Response to This RFI exploitation. We will immediately the public in an online and accessible delete and not review any submission format. Comments should be submitted here. that includes personally identifiable Background Submission Due Date information. Through this Request for Information The ‘‘Supporting Grandparents To be assured consideration, all (RFI), ACL is seeking the following: Raising Grandchildren Act’’ (SGRG) responses to this RFI must be received • Information, resources, programs became law in 2018. It establishes an by 5:00 p.m., EST on Friday, January 31, and/or best practices you are aware of Advisory Council to identify, promote, 2020. to help grandparents, other relatives, coordinate, and disseminate to the For Further Information kinship caregivers and the children they public information, resources, the best If you have questions about this care for: practices available to help grandparents request, please email them to Æ Meet the mental/physical health, and other older relatives meet the [email protected]. This is a educational or nutritional needs of those health, educational, nutritional, and resource mailbox established to receive for whom they provide care. other needs of the children in their care, Æ Address other pressing concerns maintain their own physical and mental public input for the Supporting such as legal assistance, financial health and emotional well-being. In Grandparents Raising Grandchildren support and affordable housing doing so, the Council is to consider the Act, and should not be used to request associated with this population of needs of those affected by the opioid information beyond the scope of this caregivers and care recipients. crisis and the needs of members of public input opportunity. Æ Meet the needs of grandparents, Native American tribes. Dated: December 2, 2019. older relatives, kinship caregivers and/ The Secretary has assigned Lance Robertson, or children impacted by the opioid responsibility for implementing the Administrator and Assistant Secretary for epidemic or related concerns (e.g., fetal Advisory Council to the Administration Aging. alcohol syndrome, chemical exposures, for Community Living (ACL). ACL has [FR Doc. 2019–26437 Filed 12–6–19; 8:45 am] been at the forefront of efforts to support etc.). BILLING CODE 4154–01–P Æ Meet the needs of Native American grandparents and other older relatives tribes. raising children better meet the health, • Information, resources, programs educational, nutritional and other needs DEPARTMENT OF HEALTH AND and/or best practices to help of the children in their care as well as HUMAN SERVICES grandparents, older relatives and for the maintenance of their own kinship caregivers maintain their own physical and emotional health, and to Administration for Community Living physical and mental health, and consider the needs of those affected by emotional and financial wellbeing. the opioid crisis and the needs of Request for Information: Family • Information on gaps and unmet members of Native American tribes. Caregiving Advisory Council In addition to the Secretary, the Act needs that exist with respect to meeting AGENCY: provides for inclusion as Council Administration for Community the service and support needs of: Living, HHS. Æ Grandparents raising and/or members the Secretary of Education, the ACTION: Notice. supporting grandchildren. Administrator of the Administration for Æ Other older relative or kinship Community Living, the Director of the SUMMARY: The Administrator of the caregivers. Centers for Disease Control and Administration for Community Living Æ Children (under the age of 18) in Prevention, the Assistant Secretary for and the Family Caregiving Advisory the care of a grandparent and/or older Mental Health and Substance Use, the Council seek information to be used in relative. Assistant Secretary for the the development of the Initial Report, • Other recommendations to support Administration for Children and the Family Caregiving Strategy and grandparents, other relatives or kinship Families, a grandparent raising a public listening sessions being planned caregivers caring for children. grandchild, an older relative caregiver of for 2020. • children, as appropriate, the head of Additional Federal legislative DATES: Information must be submitted other Federal departments, or agencies, authority needed to better support and by 11:59 p.m., ESTastern, February 7, identified by the Secretary of Health and serve grandparents and older relatives 2020. raising children. Human Services as having responsibilities, or administering ADDRESSES: Comments on the request How the Information Will Be Used programs, relating to current issues for information must be submitted ACL and the Advisory Council to affecting grandparents or other older online at: https://acl.gov/form/public- Support Grandparents Raising relatives raising children. input-raise. Grandchildren are preparing and The Advisory Council is a federal SUPPLEMENTARY INFORMATION: The planning for the Council’s future entity charged with identifying, Administration for Community Living activities, including preparation of an promoting, coordinating, and (ACL) is requesting information to: (1) initial Report to Congress as required by disseminating to the public information, Assist the Family Caregiving Advisory the Act. Through this RFI, ACL seeks to resources, and the best practices Council (FCAC) in the formulation of gather information from a broad range of available to help grandparents and other goals, objectives and recommendations public and private stakeholders and older relatives meet the health, in support of the development of the entities, Tribal organizations, and educational, nutritional, and other Initial Report and the Family Caregiving individuals and families impacted by needs of the children in their care, Strategy (the Strategy); and (2) inform the opioid crisis. The information maintain their own physical and mental the convening of public listening gathered will be synthesized into a health and emotional well-being, and sessions. The Recognize, Assist, Inform, report to be submitted to the appropriate consider the needs of those affected by Support and Engage (RAISE) Family

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Caregivers Act of 2017 requires that the Submission Questions recommendations and identify best Secretary (of HHS) establish a process 1. A pressing family caregiving need/ practices to recognize and support for public input to inform the concern I would like to see addressed is: family caregivers. development and updating of the 2. I would like to offer this specific Public input is a key expectation of Strategy, including a process to submit recommendation to address my need/ the RAISE Act. This RFI is the first recommendations to the FCAC and concern: The recommendation opportunity for ACL to ensure that the provide public input on the same. addresses needed actions that pertain to: activities and products of the FCAC are Family caregiving crosses racial, inclusive of and responsive to, the Please Note: This RFI is being issued for needs and expectations of a range of ethnic, socioeconomic, and cultural information and planning purposes only. It boundaries. It affects those in rural and should not be construed as a solicitation or stakeholders with an interest in urban settings and can span generations an obligation on the part of the federal supporting family caregivers. in a single household. A robust national government or the Administration for How To Submit a Response to This RFI strategy to support America’s caregivers Community Living (ACL). ACL does not intend to issue any grant or contract awards Comments should be submitted must take into consideration not only based on responses to this invitation, or to online at: https://acl.gov/form/public- caregivers of older adults, but also those otherwise pay for the preparation of any input-raise. facing long-term care and respite care information submitted or for the needs for those of any age resulting from government’s use of such information. ACL Submission Due Date any serious illnesses, conditions or is not authorized to receive personally To be assured consideration, all disabilities. The strategy should also identifiable information (PII) through this RFI other than the contact information of the responses to this RFI must be received address the needs and considerations of by 5:00 p.m., EST on February 7, 2020. caregivers of persons with Alzheimer’s person submitting the information. Please do not include any PII in your submission. For For Further Information disease or a related dementia and example,F do not include names, addresses, people with intellectual or phone or Social Security numbers of any If you have questions about this developmental disabilities. individuals. We will immediately delete and request, please email them to Public Input not review responses that contain PII. [email protected]. This is a resource mailbox established to receive Through this RFI, ACL is seeking How the Information Will Be Used public input for the RAISE Act, and input from individuals and ACL and the FCAC are planning for should not be used to request organizations that capture the breadth of the Council’s future activities, including information beyond the scope of this the family caregiving experience. the preparation of an Initial Report and public input opportunity. Specifically, we would like to learn the Family Caregiving Strategy. Dated: December 2, 2019. from you based on your experience Additionally, ACL is developing a series Lance Robertson, about challenges faced by family of public listening sessions starting in Administrator and Assistant Secretary for caregivers. In this regard, please keep in calendar year 2020 as a way to engage Aging. mind the following: with members of the public, families [FR Doc. 2019–26438 Filed 12–6–19; 8:45 am] • and family caregivers, stakeholders and All submissions will be considered BILLING CODE 4154–01–P and reviewed by the Family Caregiving other individuals and entities with an Advisory Council. interest in understanding and supporting the multi-faceted needs of • The Council seeks DEPARTMENT OF HEALTH AND family caregivers across the age and recommendations and actions to HUMAN SERVICES disability spectrum. The information optimize solutions for family caregivers gathered through this RFI will be used Food and Drug Administration for inclusion in the National Strategy. to inform each of these activities and (We may not be able to include all [Docket No. FDA–2019–D–1650] seek feedback from the public where/ recommendations.) when appropriate. Magnetic Resonance Coil— • If you have multiple needs, Performance Criteria for Safety and concerns and/or recommendations, you Background Performance Based Pathway; Draft may make multiple submissions. The RAISE Family Caregivers Act was Guidance for Industry and Food and signed into law on January 22, 2018. • A pressing family caregiving need Drug Administration Staff; Availability or concern is something you feel The RAISE Act requires the Secretary of requires consideration for inclusion in HHS to promote improvement of the AGENCY: Food and Drug Administration, the Strategy. Federal, State, and community systems HHS. • that support family caregivers. The two ACTION: Notice of availability. A recommendation proposes a primary objectives of the RAISE Act are solution to the identified need/concern. to: SUMMARY: The Food and Drug • A challenge is a categorization of 1. Establish a national Family Administration (FDA or Agency) is the recommendation that may be, but Caregiving Strategy with announcing the availability of the draft not limited to: General, access, finance, recommendations for ensuring person- guidance entitled ‘‘Magnetic Resonance health, and other. To the extent and family-centered care, assessment (MR) Coil—Performance Criteria for possible, please categorize your and service planning, information on Safety and Performance Based Pathway; recommendation as follows: Greater accessing hospice and palliative care, Draft Guidance for Industry and Food adoption of person/family-centered respite options, financial security and and Drug Administration Staff.’’ The care; assessment; service planning and/ workplace issues, and delivering device-specific guidance identified in or delivery; care transitions/ services in an effective and efficient this notice was developed in accordance coordination; information, education, manner; and with the final guidance entitled ‘‘Safety referral, training and advance planning; 2. Establish a Family Caregiving and Performance Based Pathway.’’ This respite options; financial security; Advisory Council of Federal and non- draft guidance is not final nor is it in workplace issues; and/or other. Federal representatives to provide effect at this time.

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DATES: Submit either electronic or a.m. and 4 p.m., Monday through MD 20993–0002. Send one self- written comments on the draft guidance Friday. addressed adhesive label to assist that by February 7, 2020 to ensure that the • Confidential Submissions—To office in processing your request. Agency considers your comment on this submit a comment with confidential FOR FURTHER INFORMATION CONTACT: draft guidance before it begins work on information that you do not wish to be Jason Ryans, Center for Devices and the final version of the guidance. made publicly available, submit your Radiological Health, Food and Drug ADDRESSES: You may submit comments comments only as a written/paper Administration, 10903 New Hampshire on any guidance at any time as follows: submission. You should submit two Ave., Bldg. 66, Rm. 1613, Silver Spring, copies total. One copy will include the MD 20993–0002, 301–796–4908. Electronic Submissions information you claim to be confidential SUPPLEMENTARY INFORMATION: Submit electronic comments in the with a heading or cover note that states following way: ‘‘THIS DOCUMENT CONTAINS I. Background • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The This draft device-specific guidance https://www.regulations.gov. Follow the Agency will review this copy, including document provides performance criteria instructions for submitting comments. the claimed confidential information, in for premarket notification (510k) Comments submitted electronically, its consideration of comments. The submissions to support the optional including attachments, to https:// second copy, which will have the Safety and Performance Based Pathway, www.regulations.gov will be posted to claimed confidential information as described in the guidance entitled the docket unchanged. Because your redacted/blacked out, will be available ‘‘Safety and Performance Based comment will be made public, you are for public viewing and posted on Pathway.’’ 1 As described in that solely responsible for ensuring that your https://www.regulations.gov. Submit guidance, substantial equivalence is comment does not include any both copies to the Dockets Management rooted in comparisons between new confidential information that you or a Staff. If you do not wish your name and devices and predicate devices. However, third party may not wish to be posted, contact information to be made publicly the Federal Food, Drug, and Cosmetic such as medical information, your or available, you can provide this Act does not preclude FDA from using anyone else’s Social Security number, or information on the cover sheet and not performance criteria to facilitate this confidential business information, such in the body of your comments and you comparison. If a legally marketed device as a manufacturing process. Please note must identify this information as performs at certain levels relevant to its that if you include your name, contact ‘‘confidential.’’ Any information marked safety and effectiveness, and a new information, or other information that as ‘‘confidential’’ will not be disclosed device meets those levels of identifies you in the body of your except in accordance with 21 CFR 10.20 performance for the same comments, that information will be and other applicable disclosure law. For characteristics, FDA could find the new posted on https://www.regulations.gov. more information about FDA’s posting device as safe and effective as the • If you want to submit a comment of comments to public dockets, see 80 legally marketed device. Instead of with confidential information that you FR 56469, September 18, 2015, or access reviewing data from direct comparison do not wish to be made available to the the information at: https://www.gpo.gov/ testing between the two devices, FDA public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- could support a finding of substantial written/paper submission and in the 23389.pdf. equivalence with data demonstrating manner detailed (see ‘‘Written/Paper Docket: For access to the docket to the new device meets the level of Submissions’’ and ‘‘Instructions’’). read background documents or the performance of an appropriate predicate electronic and written/paper comments Written/Paper Submissions device(s). Under this optional Safety received, go to https:// and Performance Based Pathway, a Submit written/paper submissions as www.regulations.gov and insert the submitter could satisfy the requirement follows: docket number, found in brackets in the to compare its device with a legally • Mail/Hand Delivery/Courier (for heading of this document, into the marketed device by, among other things, written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts independently demonstrating that the Management Staff (HFA–305), Food and and/or go to the Dockets Management device’s performance meets Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, performance criteria as established in Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. • For written/paper comments You may submit comments on any the above-listed guidance, when submitted to the Dockets Management guidance at any time (see 21 CFR finalized, rather than using direct Staff, FDA will post your comment, as 10.115(g)(5)). predicate comparison testing for some of well as any attachments, except for An electronic copy of the guidance the performance characteristics. information submitted, marked and document is available for download II. Significance of Guidance from the internet. See the identified, as confidential, if submitted This draft guidance is being issued as detailed in ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION section for consistent with FDA’s good guidance Instructions: All submissions received information on electronic access to the practices regulation (21 CFR 10.115). must include the Docket No. FDA– guidance. Submit written requests for a The draft guidance, when finalized, will 2019–D–1650 for ‘‘Magnetic Resonance single hard copy of the draft guidance represent the current thinking of FDA (MR) Coil—Performance Criteria for document entitled ‘‘Magnetic Resonance on performance criteria for the Safety Safety and Performance Based Pathway; (MR) Coil—Performance Criteria for and Performance Based Pathway for Draft Guidance for Industry and Food Safety and Performance Based Pathway; magnetic resonance coils. It does not and Drug Administration Staff.’’ Draft Guidance for Industry and Food establish any rights for any person and Received comments will be placed in and Drug Administration Staff’’ to the is not binding on FDA or the public. the docket and, except for those Office of Policy, Guidance and Policy You can use an alternative approach if submitted as ‘‘Confidential Development, Center for Devices and Submissions,’’ publicly viewable at Radiological Health, Food and Drug 1 Available at: https://www.fda.gov/regulatory- https://www.regulations.gov or at the Administration, 10903 New Hampshire information/search-fda-guidance-documents/ Dockets Management Staff between 9 Ave., Bldg. 66, Rm. 5431, Silver Spring, safety-and-performance-based-pathway.

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it satisfies the requirements of the guidance document is also available at IV. Paperwork Reduction Act of 1995 applicable statutes and regulations. https://www.regulations.gov. Persons This draft guidance refers to III. Electronic Access unable to download an electronic copy of ‘‘Magnetic Resonance (MR) Coil— previously approved collections of Persons interested in obtaining a copy Performance Criteria for Safety and information. These collections of of the draft guidance may do so by Performance Based Pathway; Draft information are subject to review by the downloading an electronic copy from Guidance for Industry and Food and Office of Management and Budget the internet. A search capability for all Drug Administration Staff (document (OMB) under the Paperwork Reduction Center for Devices and Radiological Act of 1995 (44 U.S.C. 3501–3521). The Health guidance documents is available number 19011)’’ may send an email request to [email protected] collections of information in the at https://www.fda.gov/medical-devices/ following FDA guidance have been device-advice-comprehensive- to receive an electronic copy of the document. Please use the document approved by OMB as listed in the regulatory-assistance/guidance- following table: documents-medical-devices-and- number and complete title to identify radiation-emitting-products. This the guidance you are requesting.

OMB control 21 CFR part; guidance; or FDA form Topic No.

807, subpart E ...... Premarket Notification ...... 0910–0120 ‘‘Requests for Feedback on Medical Device Submissions: The Q-Submission Pro- Q-Submissions ...... 0910–0756 gram and Meetings with Food and Drug Administration Staff’’.

Dated: December 3, 2019. ADDRESSES: You may submit comments well as any attachments, except for Lowell J. Schiller, on any guidance at any time as follows: information submitted, marked and identified, as confidential, if submitted Principal Associate Commissioner for Policy. Electronic Submissions [FR Doc. 2019–26470 Filed 12–6–19; 8:45 am] as detailed in ‘‘Instructions.’’ Submit electronic comments in the BILLING CODE 4164–01–P Instructions: All submissions received following way: must include the Docket No. FDA– • Federal eRulemaking Portal: 2019–D–4433 for ‘‘Development of DEPARTMENT OF HEALTH AND https://www.regulations.gov. Follow the Locally Applied Corticosteroid Products HUMAN SERVICES instructions for submitting comments. for the Short-Term Treatment of Comments submitted electronically, Symptoms Associated with Internal or Food and Drug Administration including attachments, to https:// External Hemorrhoids.’’ Received www.regulations.gov will be posted to comments will be placed in the docket the docket unchanged. Because your [Docket No. FDA–2019–D–4433] and, except for those submitted as comment will be made public, you are ‘‘Confidential Submissions,’’ publicly Development of Locally Applied solely responsible for ensuring that your viewable at https://www.regulations.gov Corticosteroid Products for the Short- comment does not include any or at the Dockets Management Staff Term Treatment of Symptoms confidential information that you or a between 9 a.m. and 4 p.m., Monday Associated With Internal or External third party may not wish to be posted, through Friday. Hemorrhoids; Draft Guidance for such as medical information, your or • Confidential Submissions—To Industry; Availability anyone else’s Social Security number, or submit a comment with confidential confidential business information, such information that you do not wish to be AGENCY: Food and Drug Administration, as a manufacturing process. Please note made publicly available, submit your HHS. that if you include your name, contact comments only as a written/paper information, or other information that ACTION: Notice of availability. submission. You should submit two identifies you in the body of your copies total. One copy will include the comments, that information will be SUMMARY: The Food and Drug information you claim to be confidential Administration (FDA or Agency) is posted on https://www.regulations.gov. • If you want to submit a comment with a heading or cover note that states announcing the availability of a draft ‘‘THIS DOCUMENT CONTAINS guidance for industry entitled with confidential information that you do not wish to be made available to the CONFIDENTIAL INFORMATION.’’ The ‘‘Development of Locally Applied Agency will review this copy, including Corticosteroid Products for the Short- public, submit the comment as a written/paper submission and in the the claimed confidential information, in Term Treatment of Symptoms its consideration of comments. The Associated with Internal or External manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). second copy, which will have the Hemorrhoids.’’ This draft guidance will claimed confidential information serve as a focus for continued Written/Paper Submissions redacted/blacked out, will be available discussions among the Division of Submit written/paper submissions as for public viewing and posted on Gastroenterology and Inborn Error follows: https://www.regulations.gov. Submit Products, pharmaceutical sponsors, the • Mail/Hand Delivery/Courier (for both copies to the Dockets Management academic community, and the public. written/paper submissions): Dockets Staff. If you do not wish your name and DATES: Submit either electronic or Management Staff (HFA–305), Food and contact information to be made publicly written comments on the draft guidance Drug Administration, 5630 Fishers available, you can provide this by February 7, 2020 to ensure that the Lane, Rm. 1061, Rockville, MD 20852. information on the cover sheet and not Agency considers your comment on this • For written/paper comments in the body of your comments and you draft guidance before it begins work on submitted to the Dockets Management must identify this information as the final version of the guidance. Staff, FDA will post your comment, as ‘‘confidential.’’ Any information marked

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as ‘‘confidential’’ will not be disclosed Hemorrhoids.’’ It does not establish any review and approval. Comments except in accordance with 21 CFR 10.20 rights for any person and is not binding submitted during the first public review and other applicable disclosure law. For on FDA or the public. You can use an of this ICR will be provided to OMB. more information about FDA’s posting alternative approach if it satisfies the OMB will accept further comments from of comments to public dockets, see 80 requirements of the applicable statutes the public during the review and FR 56469, September 18, 2015, or access and regulations. approval period. OMB may act on the information at: https://www.gpo.gov/ HRSA’s ICR only after the 30-day II. Paperwork Reduction Act of 1995 fdsys/pkg/FR-2015-09-18/pdf/2015- comment period for this Notice has 23389.pdf. This guidance refers to previously closed. Docket: For access to the docket to approved collections of information that DATES: Comments on this ICR should be read background documents or the are subject to review by the Office of received no later than January 8, 2020. Management and Budget (OMB) under electronic and written/paper comments ADDRESSES: Submit your comments, the Paperwork Reduction Act of 1995 received, go to https:// including the ICR Title, to the desk (44 U.S.C. 3501–3520). The collection of www.regulations.gov and insert the officer for HRSA, either by email to information in 21 CFR part 312 have docket number, found in brackets in the [email protected] or by been approved under OMB control heading of this document, into the fax to (202) 395–5806. ‘‘Search’’ box and follow the prompts number 0910–0014. The collection of FOR FURTHER INFORMATION CONTACT: To and/or go to the Dockets Management information for the protection of human subjects, informed consent, and request a copy of the clearance requests Staff, 5630 Fishers Lane, Rm. 1061, submitted to OMB for review, email Lisa Rockville, MD 20852. Institutional Review Boards in 21 CFR parts 50 and 56 have been approved Wright-Solomon, the HRSA Information You may submit comments on any Collection Clearance Officer at guidance at any time (see 21 CFR under OMB control numbers 0910–0755 and 0910–0130. The information [email protected] or call (301) 443– 10.115(g)(5)). 1984. Submit written requests for single collection resulting from ‘‘GFI: Clinical SUPPLEMENTARY INFORMATION: copies of this draft guidance to the Trial Data Monitoring Committees’’ has Information Collection Request Title: Division of Drug Information, Center for been approved under OMB control Data Collection Tool for State Offices of Drug Evaluation and Research, Food number 0910–0581. The information Rural Health Grant Program, OMB No. and Drug Administration, 10001 New collection in the ‘‘Oversight of Clinical Investigations: A Risk-Based Approach 0915–0322—Revision. Hampshire Ave., Hillandale Building, Abstract: The mission of the Federal to Monitoring’’ has been approved 4th Floor, Silver Spring, MD 20993– Office of Rural Health Policy (FORHP) under OMB control number 0910–0733. 0002. Send one self-addressed adhesive is to sustain and improve access to label to assist that office in processing III. Electronic Access quality care services for rural your requests. See the SUPPLEMENTARY Persons with access to the internet communities. In its authorizing INFORMATION section for electronic language (Section 711 of the Social access to the draft guidance document. may obtain the draft guidance at either https://www.fda.gov/drugs/guidance- Security Act [42 U.S.C. 912]), Congress FOR FURTHER INFORMATION CONTACT: Anil compliance-regulatory-information/ charged FORHP with administering Nayyar, Center for Drug Evaluation and grants, cooperative agreements, and Research, Food and Drug guidances-drugs or https:// www.regulations.gov. contracts to provide technical assistance Administration, 10903 New Hampshire and other activities as necessary to Ave, Bldg. 22, Rm. 5170, Silver Spring, Dated: December 4, 2019. support activities related to improving MD 20993–0002, 301–796–7969. Lowell J. Schiller, health care in rural areas. In accordance SUPPLEMENTARY INFORMATION: Principal Associate Commissioner for Policy. with the Public Health Service Act, [FR Doc. 2019–26464 Filed 12–6–19; 8:45 am] Section 338J (42 U.S.C. 254r), HRSA I. Background BILLING CODE 4164–01–P proposes to continue the State Offices of FDA is announcing the availability of Rural Health (SORH) Grant Program a draft guidance for industry entitled data collection process. ‘‘Development of Locally Applied DEPARTMENT OF HEALTH AND A 60-day notice published in the Corticosteroid Products for the Short- HUMAN SERVICES Federal Register on June 28, 2019, vol. Term Treatment of Symptoms 84, No. 125; pp. 31073–74. There were Associated with Internal or External Health Resources and Services no public comments. Hemorrhoids.’’ This draft guidance Administration Need and Proposed Use of the addresses the recommended attributes Information: FORHP seeks to continue of patients for enrollment, efficacy Agency Information Collection gathering information from grantees on assessments, safety assessments, and Activities: Submission to OMB for their efforts to provide technical additional considerations with respect Review and Approval; Public Comment assistance to clients within their State. to development programs and clinical Request; Data Collection Tool for State SORH grantees submit a Technical trials for drugs aimed at the short-term Offices of Rural Health Grant Program, Assistance Report that includes: (1) The treatment of symptoms associated with OMB No. 0915–0322—Revision total number of technical assistance internal and external hemorrhoids. AGENCY: Health Resources and Services encounters provided directly by the This draft guidance is being issued Administration (HRSA), Department of grantee, and (2) the total number of consistent with FDA’s good guidance Health and Human Services. unduplicated clients that received direct practices regulation (21 CFR 10.115). ACTION: Notice. technical assistance from the grantee. The draft guidance, when finalized, will These measures will continue with represent the current thinking of FDA SUMMARY: In compliance with the additional measures being added in the on ‘‘Development of Locally Applied Paperwork Reduction Act of 1995, following three categories: (1) Corticosteroid Products for the Short- HRSA has submitted an Information Information disseminated; (2) Term Treatment of Symptoms Collection Request (ICR) to the Office of information created; and (3) Associated with Internal and External Management and Budget (OMB) for collaborative efforts by topic area and

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type of audience. These proposed new Likely Respondents: Fifty State information, processing and measures are being added to obtain a Offices of Rural Health. maintaining information, and disclosing more accurate depiction of the breadth Burden Statement: Burden in this and providing information; to train of SORH work and are based on context means the time expended by personnel and to be able to respond to recommendations from the grantees. persons to generate, maintain, retain, a collection of information; to search Submission of the Technical Assistance disclose or provide the information data sources; to complete and review Report is submitted via the HRSA requested. This includes the time the collection of information; and to Electronic Handbook no later than 30 needed to review instructions; to transmit or otherwise disclose the days after the end of each 12 month develop, acquire, install, and utilize information. The total annual burden budget period. technology and systems for the purpose hours estimated for this ICR are of collecting, validating, and verifying summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN—HOURS

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

Technical Assistance Report ...... 50 1 50 13.5 675

Total ...... 50 ...... 50 ...... 675

Maria G. Button, DATES: The meeting will be held on available 10 minutes before the meeting Director, Executive Secretariat. January 28–29, 2020, from 9:00 a.m. to starts. Non-U.S. citizens who plan to [FR Doc. 2019–26440 Filed 12–6–19; 8:45 am] 4:30 p.m. ET (times are tentative and attend in person are required to provide BILLING CODE 4165–15–P subject to change). The confirmed times additional information and must notify and agenda items for the meeting will be the Working Group support staff via posted on the website for the TBDWG at email at [email protected] DEPARTMENT OF HEALTH AND https://www.hhs.gov/ash/advisory- before December 28, 2019. HUMAN SERVICES committees/tickbornedisease/meetings/ The public will have an opportunity 2020-1-28/index.html when this to present their views orally to the Meeting of the Tick-Borne Disease information becomes available. TBDWG during the meeting’s public Working Group ADDRESSES: The meeting will be held at comment session or by submitting a Hyatt Place Washington DC/US Capitol, written public comment. Comments AGENCY: Office of the Assistant 33 New York Avenue NE, Washington, should be pertinent to the meeting Secretary for Health, Office of the DC 20002. Members of the public may discussion. Persons who wish to Secretary, Department of Health and also attend the meeting via webcast. provide verbal or written public Human Services. Instructions for attending via webcast comment should review instructions at ACTION: Notice. will be posted one week prior to the https://www.hhs.gov/ash/advisory- meeting at https://www.hhs.gov/ash/ committees/tickbornedisease/meetings/ SUMMARY: As required by the Federal advisory-committees/tickbornedisease/ 2020-1-28/index.html and respond by Advisory Committee Act, the meetings/2020-1-28/index.html. midnight Tuesday, January 17, 2020, Department of Health and Human FOR FURTHER INFORMATION CONTACT: ET. Verbal comments will be limited to Services (HHS) is hereby giving notice James Berger, Designated Federal Officer three minutes each to accommodate as that the Tick-Borne Disease Working for the TBDWG; Office of Infectious many speakers as possible during the Group (TBDWG) will hold a meeting. Disease and HIV/AIDS Policy, Office of two 30 minute sessions. Written public The meeting will be open to the public. the Assistant Secretary for Health, comments will be accessible to the For this meeting, the TBDWG will (1) Department of Health and Human TBDWG members and made public on hear presentations from eight Services, Mary E Switzer Building, 330 the TBDWG web page prior to the subcommittees on findings and C Street SW, Suite L600, Washington, meeting. potential actions from reports prepared DC 20024. Email: tickbornedisease@ Background and Authority: The Tick- for the TBDWG to consider and (2) hhs.gov; Phone: 202–795–7608. Borne Disease Working Group was further discuss plans for developing the SUPPLEMENTARY INFORMATION: In-person established on August 10, 2017, in next report to the HHS Secretary and attendance at the meeting is limited to accordance with Section 2062 of the Congress on federal tick-borne activities space available; therefore, 21st Century Cures Act, and the Federal and research, taking into consideration preregistration for public members is Advisory Committee Act, 5 U.S.C. App., the 2018 report. The 2020 report will advisable and can be accomplished by as amended, to provide expertise and address ongoing tick-borne disease registering at https:// review federal efforts related to all tick- research, including research related to www.eventbrite.com/e/tick-borne- borne diseases, to help ensure causes, prevention, treatment, disease-working-group-meeting-january- interagency coordination and minimize surveillance, diagnosis, diagnostics, 28-29-2020-meeting-11-tickets- overlap, and to examine research duration of illness, and intervention for 81603750013. On the day of the priorities. The TBDWG is required to individuals with tick-borne diseases; meeting, seating will be provided first to submit a report to the HHS Secretary advances made pursuant to such persons who have preregistered. People and Congress on their findings and any research; federal activities related to who have not preregistered will be recommendations for the federal tick-borne diseases; and gaps in tick- accommodated on a first come, first response to tick-borne disease every two borne disease research. served basis if additional seats are still years.

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Dated: December 3, 2019. and provides patients with new Æ Biology and Neuroscience of Vision James Berger, therapies and standards of care that Æ Immune System & Eye Health Designated Federal Officer, Tick-Borne maintain and improve quality of life. Disease Working Group, Office of Infectious The NEI 50th Anniversary also Capitalizing on Emerging Fields Disease and HIV/AIDS Policy. provoked the scientific, medical, and Æ Regenerative Medicine patient communities to reflect upon [FR Doc. 2019–26441 Filed 12–6–19; 8:45 am] Æ Data Science BILLING CODE 4150–28–P gaps and opportunities in vision research. The NEI Strategic Plan seeks to Preventing Vision Loss and Enhancing distill those reflections into a cohesive Well-Being DEPARTMENT OF HEALTH AND document that will guide efforts to Æ Individual Quality of Life HUMAN SERVICES address those gaps and opportunities Æ over the next five years. Ultimately, NEI Public Health & Disparities National Institutes of Health stakeholders provide the catalyst for Research identifying and implementing the goals. To ensure consideration, responses Notice to Announce the National Eye To that end, NEI welcomes feedback Institute (NEI) Draft Strategic Plan, from stakeholders in the drafting of the must be submitted electronically using 2020 Vision for the Future; Request for strategic plan. the web-based form available at Information In accordance with the 21st Century www.nei.nih.gov/form/rfi. Responses to Cures Act, NIH institutes are required to this RFI are voluntary and may be AGENCY: National Institutes of Health, submitted anonymously. Providing HHS. regularly update their strategic plans. In 2012, NEI released its strategic contact information is optional. ACTION: Notice. plan, ‘‘Vision Research: Needs, Gaps, Therefore, the web form may not provide confirmation of response SUMMARY: This Request for Information and Opportunities’’ ( ), organized submission. Please do not include any (RFI) is intended to gather broad public around its six core anatomically focused personally identifiable or other input to assist the National Eye Institute program areas (Retinal Diseases; Corneal (NEI), National Institutes of Health Diseases; Lens and Cataract; Glaucoma information that you do not wish to (NIH) in developing its next strategic and Optic Neuropathies; Strabismus, make public. Proprietary, classified, plan titled, 2020 Vision for the Future. Amblyopia, and Visual Processing; Low confidential, or sensitive information NEI invites input from vison researchers Vision and Blindness Rehabilitation). In should not be included in responses. in academia and industry, health care developing that plan, NEI created panels Comments submitted will be compiled professionals, patient advocates and of scientists and patient representatives for discussion and incorporated into the advocacy organizations, scientific or for each program. The plan also sparked strategic plan as appropriate. Any professional organizations, federal the Audacious Goals Initiative (AGI), personal identifiers (personal names, agencies, and other interested members which sought broad-based community email addresses, etc.) will be removed of the public. Organizations are strongly input to identify ideas to transform when responses are compiled. encouraged to submit a single response vision research and care. NEI wants to This RFI is for informational and that reflects the views of their build on some of the ideas generated planning purposes only and is not a organization and their membership as a through AGI and has proposed cross- solicitation for applications or an cutting Areas of Emphasis to organize whole. obligation on the part of the United thinking for the next NEI strategic plan. DATES: This Request for Information is States (U.S.) Government to provide NEI is seeking input on the following open for public comment for a period of support for any ideas identified in questions: 55 days. Comments must be received by response to it. Please note that the U.S • What are the most significant January 8, 2020 to ensure consideration. scientific discoveries in vision research Government will not pay for the ADDRESSES: Comments must be since 2012? preparation of any information submitted at electronically using the • What new opportunities have been submitted or for use of that information. web-based form available at enabled by scientific discoveries or The responses will be reviewed by www.nei.nih.gov/form/rfi. technology development? NIH staff, and individual feedback will FOR FURTHER INFORMATION CONTACT: • What needs and gaps in research, not be provided to any responder. The Please direct all inquiries to NEIplan@ health, and quality-of-life should be Government will use the information mail.NIH.gov and to Nora Wong, 301– addressed by the NEI? submitted in response to this RFI at its 496–4308, [email protected]. To To organize the planning process, NEI discretion. The Government reserves the learn about strategic planning activities has proposed the following seven cross- right to use any submitted information at NEI, please visit www.nei.nih.gov/ cutting Areas of Emphasis to foster on public NIH websites, in reports, in about/strategic-planning. dialogues across traditional vision summaries of the state of the science, in SUPPLEMENTARY INFORMATION: Last year, research disciplines and to best any possible resultant solicitation(s), NEI celebrated the 50th anniversary capitalize on recent scientific grant(s), or cooperative agreement(s), or since being established by Congress opportunities. NEI is particularly in the development of future funding established in 1968. NEI highlighted the interested in input relating to these opportunity announcements. multitude of scientific and medical areas of emphasis. However, NEI has Dated: December 3, 2019. advances made by NEI-supported always been—and will continue to be— researchers and the impacts on vision committed to high quality investigator- Shefa Gordon, care. Charged to protect and preserve initiated research and will fund the best Associate Director for Science Policy and the vision of the American people, NEI science across the broad spectrum of Legislation, National Eye Institute, National continues to support basic and clinical vision research. Institutes of Health. research that unravels the mysteries of Visual System in Health and Disease [FR Doc. 2019–26451 Filed 12–6–19; 8:45 am] how vision works at a fundamental level Æ From Genes to Disease Mechanisms BILLING CODE 4140–01–P

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DEPARTMENT OF HOMELAND effective on June 1, 2009, that Border Protection (CBP) the authority to SECURITY implemented the plan known as the designate certain documents as Western Hemisphere Travel Initiative acceptable border crossing documents U.S. Customs and Border Protection (WHTI) at U.S. land and sea ports of for persons arriving in the United States [CBP Dec. 19–12] entry. See 73 FR 18384 (the WHTI Land by land or sea from within the Western and Sea Final Rule). It amended various Hemisphere, including certain United Western Hemisphere Travel Initiative: sections in the Code of Federal States Native American Tribal Cards. Designation of an Approved Native Regulations (CFR), including 8 CFR See DHS Delegation Number 7105 American Tribal Card Issued by the 212.0, 212.1, and 235.1. The WHTI Land (Revision 00), dated January 16, 2009. and Sea Final Rule specifies the Puyallup Tribe of Indians as an Tribal Card Program Acceptable Document To Denote documents that U.S. citizens and Identity and Citizenship for Entry in the nonimmigrant aliens from Canada, The WHTI Land and Sea Final Rule United States at Land and Sea Ports of Bermuda, and Mexico are required to allowed U.S. federally recognized Entry present when entering the United States Native American tribes to work with at land and sea ports of entry. CBP to enter into agreements to develop AGENCY: U.S. Customs and Border Under the WHTI Land and Sea Final tribal ID cards that can be designated as Protection, DHS. Rule, one type of citizenship and acceptable to establish identity and ACTION: Notice. identity document that may be citizenship when entering the United presented upon entry to the United States at land and sea ports of entry SUMMARY: This notice announces that States at land and sea ports of entry from contiguous territory or adjacent the Commissioner of U.S. Customs and from contiguous territory or adjacent islands. CBP has been working with Border Protection is designating an islands 1 is a Native American tribal various U.S. federally recognized Native approved Native American tribal card card that has been designated as an American tribes to facilitate the issued by the Puyallup Tribe of Indians acceptable document to denote identity development of such cards.3 As part of to U.S. and Canadian citizens as an and citizenship by the Secretary, the process, CBP will enter into one or acceptable travel document for purposes pursuant to section 7209 of IRTPA. more agreements with a U.S. federally of the Western Hemisphere Travel Specifically, 8 CFR 235.1(e), as recognized tribe that specify the Initiative. The approved card may be amended by the WHTI Land and Sea requirements for developing and issuing used to denote identity and citizenship Final Rule, provides that upon WHTI-compliant Native American tribal of Puyallup Tribe of Indians members designation by the Secretary of cards, including a testing and auditing entering the United States from Homeland Security of a United States process to ensure that the cards are contiguous territory or adjacent islands qualifying tribal entity document as an produced and issued in accordance with at land and sea ports of entry. acceptable document to denote identity the terms of the agreements. DATES: This designation will become and citizenship for the purposes of After production of the cards in effective on December 9, 2019. entering the United States, Native accordance with the specified FOR FURTHER INFORMATION CONTACT: Americans may be permitted to present requirements, and successful testing and Colleen Manaher, Executive Director, tribal cards upon entering or seeking auditing by CBP of the cards and Planning, Program Analysis, and admission to the United States program, the Secretary of Homeland Evaluation, Office of Field Operations, according to the terms of the voluntary Security or the Commissioner of CBP U.S. Customs and Border Protection, via agreement entered between the may designate the Native American email at Colleen.M.Manaher@ Secretary of Homeland Security and the tribal card as an acceptable WHTI- cbp.dhs.gov. tribe. It provides that the Secretary of compliant document for the purpose of SUPPLEMENTARY INFORMATION: Homeland Security will announce, by establishing identity and citizenship publication of a notice in the Federal when entering the United States by land Background Register, documents designated under or sea from contiguous territory or The Western Hemisphere Travel this paragraph. It further provides that adjacent islands. Such designation will Initiative a list of the documents designated under be announced by publication of a notice this section will also be made available Section 7209 of the Intelligence in the Federal Register. More to the public. information about WHTI-compliant Reform and Terrorism Prevention Act of A United States qualifying tribal documents is available at www.cbp.gov/ 2004 (IRTPA), Public Law 108–458, as entity is defined as a tribe, band, or travel. amended, required the Secretary of other group of Native Americans Homeland Security (Secretary), in formally recognized by the United The Pascua Yaqui Tribe of Arizona consultation with the Secretary of State, States Government which agrees to meet became the first Native American tribe to develop and implement a plan to WHTI document standards. See 8 CFR to have its Native American tribal card require U.S. citizens and individuals for 212.1.2 Native American tribal cards are designated as a WHTI-compliant whom documentation requirements also referenced in 8 CFR 235.1(b), which document by the Commissioner of CBP. have previously been waived under lists the documents U.S. citizens may This designation was announced in a section 212(d)(4)(B) of the Immigration use to establish identity and citizenship notice published in the Federal Register and Nationality Act (8 U.S.C. when entering the United States. See 8 on June 9, 2011 (76 FR 33776). 1182(d)(4)(B)) to present a passport or CFR 235.1(b)(7). Subsequently, the Commissioner of CBP other document or combination of The Secretary has delegated to the announced the designation of several documents as the Secretary deems Commissioner of U.S. Customs and other Native American tribal cards as sufficient to denote identity and WHTI compliant documents. See, e.g., citizenship for all travel into the United 1 ‘‘Adjacent islands’’ is defined in 8 CFR 212.0 as the Native American tribal cards of the States. See 8 U.S.C. 1185 note. On April ‘‘Bermuda and the islands located in the Caribbean Sea, except Cuba.’’ This definition applies to 8 CFR 3 The Native American tribal cards qualifying to 3, 2008, the Department of Homeland 212.1 and 235.1. be a WHTI-compliant document for border crossing Security (DHS) and the Department of 2 This definition applies to 8 CFR 212.1 and purposes are commonly referred to as ‘‘Enhanced State promulgated a joint final rule, 235.1. Tribal Cards’’ or ‘‘ETCs.’’

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Kootenai Tribe of Idaho, 77 FR 4822 the Native American tribal cards as a This notice announces that CBP is (January 31, 2012); the Seneca Nation of WHTI-compliant document is modifying the Section 321 Data Pilot to Indians, 80 FR 40076 (July 13, 2015); the conditional on compliance with the include shipments arriving by ocean Hydaburg Cooperative Association of MOA and related agreements. and to include international mail Alaska, 81 FR 33686 (May 27, 2016); Acceptance and use of the WHTI- shipments. This notice also modifies the and the Pokagon Band of Potawatomi compliant Native American tribal cards provisions governing misconduct under Indians, 82 FR 42351 (September 7, is voluntary for tribe members. If an the pilot and extends the duration of the 2017). individual is denied a WHTI-compliant pilot an additional twelve months Native American tribal card, he or she (through August 2021). Puyallup Tribe of Indians WHTI- may still apply for a passport or other DATES: The voluntary pilot began on Compliant Native American Tribal Card WHTI-compliant document. August 22, 2019, and will run for a total Program Designation of approximately 24 months, through The Puyallup Tribe of Indians August 2021. CBP will accept (Puyallup Tribe) has voluntarily This notice announces that the applications from prospective pilot established a program to develop a Commissioner of CBP designates the participants at any time until CBP has WHTI-compliant Native American tribal Native American tribal card issued by identified a sufficient number of eligible card that denotes identity and U.S. or the Puyallup Tribe in accordance with participants. At this time, the pilot is the MOA and all related agreements Canadian citizenship. On July 10, 2015, limited to a maximum of nine between the tribe and CBP as an CBP and the Puyallup Tribe entered into participants. acceptable WHTI-compliant document a Memorandum of Agreement (MOA) to pursuant to section 7209 of the IRTPA ADDRESSES: Prospective pilot develop, issue, test, and evaluate tribal and 8 CFR 235.1(e). In accordance with participants should submit an email to cards to be used for border crossing these provisions, the approved card, if e-commercesmallbusinessbranch@ purposes. Pursuant to this MOA, the valid and lawfully obtained, may be cbp.dhs.gov. In the subject line of your cards are issued to members of the used to denote identity and U.S. or email please indicate ‘‘Application for Puyallup Tribe who can establish Canadian citizenship of Puyallup Tribe Section 321 Data Pilot.’’ For information identity, tribal membership, and U.S. or members for the purposes of entering on what to include in the email, see Canadian citizenship. The cards the United States from contiguous section II.D (Application Process and incorporate physical security features territory or adjacent islands at land and Acceptance) of the notice published in acceptable to CBP as well as facilitative sea ports of entry. the Federal Register on July 23, 2019 technology allowing for electronic (84 FR 35405). Dated: December 2, 2019. validation of identity, citizenship, and FOR FURTHER INFORMATION CONTACT: 4 Mark A. Morgan, tribal membership by CBP. Laurie Dempsey, Director, IPR & E- CBP has tested the cards developed by Acting Commissioner, U.S. Customs and Commerce Division at Border Protection. the Puyallup Tribe pursuant to the [email protected] or 202– above MOA and related agreements, and [FR Doc. 2019–26444 Filed 12–6–19; 8:45 am] 615–0514 and Daniel Randall, Branch has performed an audit of the tribe’s BILLING CODE 9111–14–P Chief, Manifest & Conveyance Security card program. On the basis of these tests at 202–344–3282. and audit, CBP has determined that the DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: Native American tribal cards meet the SECURITY requirements of section 7209 of the I. Section 321 Data Pilot IRTPA and are acceptable documents to U.S. Customs & Border Protection On July 23, 2019, CBP published a denote identity and citizenship for general notice in the Federal Register purposes of entering the United States at Modifications to the Section 321 Data (84 FR 35405) (hereafter referred to as land and sea ports of entry from Pilot the July 2019 notice) announcing the contiguous territory or adjacent voluntary Section 321 Data Pilot. AGENCY: islands.5 CBP’s continued acceptance of U.S. Customs and Border Participants in the Section 321 Data Protection, DHS. Pilot agree to electronically transmit 4 In 2017, CBP and the Puyallup Tribe entered ACTION: General notice. certain data elements related to de into additional agreements related to the MOA. CBP minimis value shipments potentially and the Puyallup Tribe entered into a Service Level SUMMARY: On July 23, 2019, U.S. Agreement (SLA) on May 4, 2017, concerning Customs and Border Protection (CBP) eligible for release under section 321 of technical requirements and support for the published a general notice in the the Tariff Act of 1930, as amended production, issuance, and verification of the Native Federal Register (84 FR 35405) (‘‘section 321 shipments’’). Section 321 American Tribal Cards. CBP and the Puyallup Tribe provides for an administrative also entered into an Interconnection Security announcing the Section 321 Data Pilot, Agreement on July 28, 2017, with respect to a voluntary pilot in which participants exemption from duty and taxes for individual and organizational security agree to electronically transmit certain shipments of merchandise imported by responsibilities for the protection and handling of advance data elements related to de one person on one day having an unclassified information. aggregate fair retail value in the country 5 The Native American tribal card issued by the minimis value shipments potentially Puyallup Tribe may not, by itself, be used by eligible for release under section 321 of of shipment of an amount specified by Canadian citizen tribal members to establish that the Tariff Act of 1930, as amended. The the Secretary by regulation, but not less they meet the requirements of section 289 of the purpose of the pilot is to improve CBP’s than $800. The July 2019 notice Immigration and Nationality Act (INA) [8 U.S.C. provided a description of the Section 1359]. INA § 289 provides that nothing in this title ability to effectively and efficiently shall be construed to affect the right of American identify and target high-risk shipments, 321 Data Pilot, the eligibility Indians born in Canada to pass the borders of the including for narcotics, counter- requirements, and the application United States, but such right shall extend only to proliferation, and health and safety process for participation. persons who possess at least 50 per centum of blood The Section 321 Data Pilot is intended of the American Indian race. While the tribal card risks, in the e-commerce environment. may be used to establish a card holder’s identity for to improve CBP’s ability to effectively purposes of INA § 289, it cannot, by itself, serve as he or she possesses at least 50% American Indian and efficiently assess the security risks evidence of the card holder’s Canadian birth or that blood, as required by INA § 289. of shipments potentially eligible for

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release under section 321 of the Tariff promulgated pursuant to the Security relevant to possible future regulatory Act of 1930, as amended (19 U.S.C. and Accountability for Every Port Act of effects, trade facilitation benefits, or 1321(a)(2)(C)). The Section 321 Data 2006 (Pub. L. 109–347, 120 Stat. 1884, other initiatives in the e-commerce Pilot tests the feasibility of collecting October 13, 2006 (SAFE Port Act)) environment as a whole. For these data elements, beyond those currently require importers and carriers to submit reasons, CBP is expanding the Section required by regulations, and of additional data before the cargo is 321 Data Pilot to include shipments collecting data from non-traditional brought to the United States. See 19 CFR arriving in the United States by ocean. entities, such as online marketplaces. part 149 (Importer Security Filing or ISF B. Expansion of the Section 321 Data The July 2019 notice stated that the regulations). The data required by the Pilot To Include International Mail pilot would initially be limited to 9 ISF regulations include name and Shipments participants and invited participation address of the seller, buyer, and from all stakeholders in the e-commerce manufacturer or supplier, the consignee The July 2019 notice stated that the environment, including carriers, identifying number, the ship to party Section 321 Data Pilot would not apply brokers, freight forwarders, and online (the first deliver-to-party scheduled to to mail shipments covered by 19 CFR marketplaces. Pilot participants agree to receive goods after the goods have been part 145. Part 145 applies to mail electronically transmit certain advance released from custody), country of importations that are subject to Customs data elements to CBP regarding section origin, Harmonized Tariff Schedule of examination. CBP has determined that 321 shipments arriving by air, truck, or the United States (HTSUS) number, excluding these mail shipments from rail. CBP excluded from the scope of the container stuffing location, and the the pilot decreases CBP’s ability to pilot shipments arriving by ocean, mail name and address of the consolidator. develop strategies for section 321 shipments covered by 19 CFR part 145, 19 CFR 149.3(a). shipments as a whole because it is and shipments destined for a Foreign These existing regulatory common in the e-commerce Trade Zone. CBP uses the advance requirements do not provide CBP with environment for entities to use information transmitted through the the information necessary to effectively international mail to ship section 321 pilot to identify and target high-risk and efficiently assess the security risks shipments. CBP has also learned shipments, including for narcotics, of section 321 shipments arriving by through the initial operation of the pilot counter-proliferation, and health and ocean. This is because they generally that excluding international mail safety risks. The results of the Section apply to carriers and importers, who shipments may impose an additional 321 Data Pilot will help CBP determine may not possess all of the relevant burden on pilot participants because whether additional mandatory advance information relating to an e-commerce they would need to separate data reporting requirements are necessary in shipment’s supply chain. In addition, relating to mail shipments from data the e-commerce environment. the required information does not relating to other section 321 shipments. always adequately identify the entity Accordingly, CBP is expanding the II. Modifications to the Section 321 causing the shipment to cross the pilot to include section 321 shipments Data Pilot border, the final recipient, or the covered by 19 CFR part 145.1 This notice announces that CBP is contents of the package. For instance, (Shipments destined for a Foreign Trade modifying the Section 321 Data Pilot to under the ISF regulations, an importer Zone continue to be excluded from the include shipments arriving by ocean may list a domestic deconsolidator as scope of the pilot.) and international mail shipments. This the ‘‘ship to party’’. There is no specific C. New Misconduct Section document also modifies the provisions requirement to identify the final governing misconduct under the pilot recipient of the shipment in the United The July 2019 notice included a and extends the duration of the pilot an States. This hinders CBP’s ability to section VI, entitled ‘‘Misconduct Under additional twelve months. effectively target or identify high-risk the Pilot’’, which described the shipments and CBP officers must use penalties CBP may impose on pilot A. Expansions of the Section 321 Data additional time and resources to inspect participants for misconduct and the Pilot To Include Shipments Arriving by section 321 shipments. Expansion of the applicable procedures. CBP is revising Ocean Section 321 Data Pilot to include the section VI language to clarify that In the July 2019 notice, CBP stated shipments arriving by ocean will enable those pilot participants who are unable that the pilot applied to section 321 CBP to more effectively target or to provide data elements contemplated shipments arriving in the United States identify high-risk shipments by by this test will not be subject to civil by air, truck, or rail. CBP is now requiring additional data elements or criminal penalties, administrative expanding the pilot to include related to such shipments. sanctions, or liquidated damages solely shipments arriving by ocean. Such expansion will also enable CBP for such inability. However, the revised As described in detail in the July 2019 to test the feasibility of collecting language clarifies that test participants notice, CBP receives certain advance advance data from typically non- who repeatedly provide false, inaccurate electronic data for shipments arriving in regulated entities utilizing ocean or misleading data will be subject, at the United States by ocean. For transportation. It will also enable CBP to CBP’s discretion, to civil and criminal example, regulations promulgated collect data regarding additional penalties, administrative sanctions, pursuant to the Trade Act of 2002 (Pub. relevant shipments. Based on the initial liquidated damages or removal from L. 107–210, 116 Stat. 933 (Aug. 6, 2002)) operation of the pilot, CBP has learned participation. Additionally, the revised require ocean carriers to transmit for that many e-commerce entities utilize each shipment the shipper’s name and all modes of transportation and that 1 Under current regulations, there is no requirement to submit advance electronic data to address, the consignee name and excluding ocean shipments from the CBP for mail shipments. However, section 8003 of address, a description of the cargo, pilot would exclude a substantial the Synthetics Trafficking and Overdose Prevention including the cargo’s quantity and number of relevant shipments of Act of 2018 (Pub. L. 115–271, 123 Stat. 4073) (STOP weight, and information regarding the potential participants. By expanding the Act of 2018), requires CBP to issue regulations requiring the U.S. Postal Service to transmit certain vessel’s voyage, including carrier code, scope of the pilot to include all modes advance electronic data to CBP for international date of arrival, and point of origin. See of shipment (air, rail, truck, and ocean), mail shipments. CBP is in the process of drafting 19 CFR 4.7a. Additionally, regulations the results of the pilot will be more those regulations.

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language clarifies that CBP may concluded with a written decision DEPARTMENT OF HOMELAND immediately remove a participant from adverse to the pilot participant. SECURITY the pilot for the repeated failure to In cases of willfulness, the repeated provide data or the repeated submission failure to provide data, the repeated Federal Emergency Management of false, inaccurate or misleading data. submission of false, inaccurate or Agency CBP is also replacing the phrase misleading data, or those in which [Docket ID FEMA–2019–0002] ‘‘discontinuance from participation’’ public health, interest, or safety so with ‘‘removal from participation’’ for requires, the Director, Intellectual Changes in Flood Hazard clarity. The language below replaces in Property Rights and E-Commerce Determinations full the misconduct section in the July Division, Office of Trade, may AGENCY: Federal Emergency 2019 notice and reads as follows: immediately remove the pilot Management Agency, DHS. VI. Misconduct Under the Pilot participant’s privileges upon written notice to the pilot participant. The ACTION: Notice. A pilot participant may be subject to notice will contain a description of the civil and criminal penalties, SUMMARY: New or modified Base (1- facts or conduct warranting the administrative sanctions, liquidated percent annual chance) Flood immediate action. The pilot participant damages, or removal from participation Elevations (BFEs), base flood depths, will be offered the opportunity to appeal in the Section 321 Data Pilot for any of Special Flood Hazard Area (SFHA) the decision within 10 calendar days of the following: boundaries or zone designations, and/or (1) Failure to follow the rules, terms, receipt of the written notice providing regulatory floodways (hereinafter and conditions of this pilot; for immediate removal from referred to as flood hazard (2) Failure to exercise reasonable care participation. The appeal of this determinations) as shown on the in the execution of participant determination must be submitted to the indicated Letter of Map Revision obligations; or Executive Director, Trade Policy and (LOMR) for each of the communities (3) Failure to abide by applicable laws Programs, Office of Trade, by emailing listed in the table below are finalized. and regulations. ecommercesmallbusinessbranch@ Each LOMR revises the Flood Insurance Test participants who are unable to cbp.dhs.gov. Rate Maps (FIRMs), and in some cases provide data elements contemplated by The immediate removal will remain the Flood Insurance Study (FIS) reports, this test will not be subject to civil and in effect during the appeal period. The currently in effect for the listed criminal penalties, administrative Executive Director, Trade Policy and communities. The flood hazard sanctions, or liquidated damages solely Programs, Office of Trade, will issue a determinations modified by each LOMR for such inability. Test participants who decision in writing on the removal will be used to calculate flood insurance repeatedly provide false, inaccurate or within 15 working days after receiving premium rates for new buildings and misleading data will be subject, at CBP’s a timely filed appeal from the pilot their contents. discretion, to civil and criminal participant. If no timely appeal is DATES: Each LOMR was finalized as in penalties, administrative sanctions, received, the notice becomes the final the table below. liquidated damages or removal from decision of the Agency as of the date ADDRESSES: Each LOMR is available for participation. that the appeal period expires. inspection at both the respective If the Director, Intellectual Property Community Map Repository address Rights and E-Commerce Division, Office D. Twelve Month Extension listed in the table below and online of Trade, finds that there is a basis for The Section 321 Data Pilot was through the FEMA Map Service Center removal of pilot participation privileges, originally intended to run for at https://msc.fema.gov. the pilot participant will be provided a approximately one year. CBP is FOR FURTHER INFORMATION CONTACT: Rick written notice proposing the removal extending the pilot to run an additional Sacbibit, Chief, Engineering Services with a description of the facts or twelve months, through August 2021. Branch, Federal Insurance and conduct warranting the action. The pilot The additional time is necessary in Mitigation Administration, FEMA, 400 participant will be offered the order for pilot participants to modify C Street SW, Washington, DC 20472, opportunity to appeal the decision in their communication systems in order to (202) 646–7659, or (email) writing within 10 calendar days of execute the provisions of the pilot and [email protected]; or visit receipt of the written notice. The appeal for CBP to collect a sufficient amount of the FEMA Map Information eXchange of this determination must be submitted data from the participants. (FMIX) online at https:// to the Executive Director, Trade Policy Subject to the amendments herein, all _ and Programs, Office of Trade, by www.floodmaps.fema.gov/fhm/fmx other provisions of the July 2019 notice, main.html. emailing except for section ‘‘VI. Misconduct e-commercesmallbusinessbranch@ Under the Pilot,’’ remain applicable to SUPPLEMENTARY INFORMATION: The cbp.dhs.gov. the Section 321 Data Pilot. CBP Federal Emergency Management Agency The Executive Director, Trade Policy reiterates that it is not waiving any (FEMA) makes the final flood hazard and Programs, Office of Trade, will regulations for purposes of the pilot. All determinations as shown in the LOMRs issue a decision in writing on the of the existing regulations, including the for each community listed in the table proposed action within 30 working days Trade Act of 2002 requirements and the below. Notice of these modified flood after receiving a timely filed appeal ISF regulations described above, hazard determinations has been from the pilot participant. If no timely continue to apply to pilot participants. published in newspapers of local appeal is received, the proposed notice circulation and 90 days have elapsed becomes the final decision of the Dated: December 4, 2019. since that publication. The Deputy Agency as of the date that the appeal Robert E. Perez, Associate Administrator for Insurance period expires. A proposed removal of Deputy Commissioner, U.S. Customs and and Mitigation has resolved any appeals a pilot participant’s privileges will not Border Protection. resulting from this notification. take effect unless the appeal process [FR Doc. 2019–26445 Filed 12–6–19; 8:45 am] The modified flood hazard under this paragraph has been BILLING CODE 9111–14–P determinations are made pursuant to

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

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

Colorado: Adams City of Com- The Honorable Sean Ford, Mayor, City Hall, 5291 East 60th Oct. 30, 2019 ...... 080006 (FEMA merce City City of Commerce City, 7887 Avenue, Commerce Docket (19–08– East 60th Avenue, Commerce City, CO 80022. No.: B– 0227P). City, CO 80022. 1958). Denver City and County The Honorable Michael B. Han- Department of Public Nov. 8, 2019 ...... 080046 (FEMA of Denver (19– cock, Mayor, City and County of Works, 201 West Colfax Docket 08–0639P). Denver, 1437 Bannock Street, Avenue, Denver, CO No.: B– Suite 350, Denver, CO 80202. 80202. 1952). Jefferson City of West- The Honorable Herb Atchison, City Hall, 4800 West 92nd Nov. 8, 2019 ...... 080008 (FEMA minster (19– Mayor, City of Westminster, 4800 Avenue, Westminster, Docket 08–0502P). West 92nd Avenue, Westminster, CO 80031. No.: B– CO 80031. 1952). Weld (FEMA Town of Fire- The Honorable Bobbi Sindelar, Town Hall, 151 Grant Ave- Oct. 28, 2019 ...... 080241 Docket stone (18–08– Mayor, Town of Firestone, P.O. nue, Firestone, CO No.: B– 1233P). Box 100, Firestone, CO 80520. 80520. 1958). Weld (FEMA Town of Fred- The Honorable Tony Carey, Mayor, Town Hall, 401 Locust Oct. 28, 2019 ...... 080244 Docket erick (18–08– Town of Frederick, P.O. Box 435, Street, Frederick, CO No.: B– 1233P). Frederick, CO 80530. 80530. 1958). Florida: Broward City of Hollywood Mr. Wazir Ishmael, Manager, City Public Utilities Depart- Nov. 4, 2019 ...... 125113 (FEMA (19–04– of Hollywood, 2600 Hollywood ment, 2600 Hollywood Docket 0557P). Boulevard, Room 419, Holly- Boulevard, Room 308, No.: B– wood, FL 33022. Hollywood, FL 33022. 1952). Hillsborough Unincorporated Mr. Mike Merrill, Hillsborough Hillsborough County De- Nov. 4, 2019 ...... 120112 (FEMA areas of County Administrator, 601 East velopment Services De- Docket Hillsborough Kennedy Boulevard, Tampa, FL partment, 1400 North No.: B– County (19– 33602. Boulevard, Tampa, FL 1952). 04–1062P). 33607. Lee (FEMA Town of Fort The Honorable Anita Cereceda, Community Development Oct. 28, 2019 ...... 120673 Docket Myers Beach Mayor, Town of Fort Myers Department, 2525 No.: B– (19–04– Beach, 2525 Estero Boulevard, Estero Boulevard, Fort 1948). 0629P). Fort Myers Beach, FL 33931. Myers Beach, FL 33931. Lee (FEMA Town of Fort The Honorable Anita Cereceda, Community Development Oct. 22, 2019 ...... 120673 Docket Myers Beach Mayor, Town of Fort Myers Department, 2525 No.: B– (19–04– Beach, 2525 Estero Boulevard, Estero Boulevard, Fort 1948). 1744P). Fort Myers Beach, FL 33931. Myers Beach, FL 33931. Manatee City of Bradenton The Honorable John Chappie, Building Department, 107 Nov. 12, 2019 ...... 125091 (FEMA Beach (19–04– Mayor, City of Bradenton Beach, Gulf Drive North, Bra- Docket 3423P). 107 Gulf Drive North, Bradenton denton Beach, FL No.: B– Beach, FL 34217. 34217. 1952).

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

Monroe City of Marathon The Honorable John Bartus, Mayor, Planning Department, Nov. 12, 2019 ...... 120681 (FEMA (19–04– City of Marathon, 9805 Overseas 9805 Overseas High- Docket 3625P). Highway, Marathon, FL 33050. way, Marathon, FL No.: B– 33050. 1952). Monroe Unincorporated The Honorable Sylvia Murphy, Monroe County Building Oct. 28, 2019 ...... 125129 (FEMA areas of Mon- Mayor, Monroe County Board of Department, 2798 Over- Docket roe County Commissioners, 102050 Over- seas Highway, Suite No.: B– (19–04– seas Highway, Suite 234, Key 300, Marathon, FL 1948). 3275P). Largo, FL 33037. 33050. Monroe Unincorporated The Honorable Sylvia Murphy, Monroe County Building Nov. 4, 2019 ...... 125129 (FEMA areas of Mon- Mayor, Monroe County Board of Department, 2798 Over- Docket roe County Commissioners, 102050 Over- seas Highway, Suite No.: B– (19–04– seas Highway, Suite 234, Key 300, Marathon, FL 1952). 3471P). Largo, FL 33037. 33050. Monroe Village of The Honorable Deb Gills, Mayor, Building Department, Nov. 12, 2019 ...... 120424 (FEMA Islamorada Village of Islamorada, 86800 86800 Overseas High- Docket (19–04– Overseas Highway, Islamorada, way, Islamorada, FL No.: B– 3477P). FL 33036. 33036. 1952). Orange City of Ocoee The Honorable Rusty Johnson, Planning and Zoning Divi- Nov. 4, 2019 ...... 120185 (FEMA (19–04– Mayor, City of Ocoee, 150 North sion, 150 North Lake- Docket 0035P). Lakeshore Drive, Ocoee, FL shore Drive, Ocoee, FL No.: B– 34761. 34761. 1948). Sarasota Unincorporated The Honorable Charles D. Hines, Sarasota County Planning Nov. 12, 2019 ...... 125144 (FEMA areas of Sara- Chairman, Sarasota County and Development Serv- Docket sota County Board of Commissioners, 1660 ices Department, 1001 No.: B– (19–04– Ringling Boulevard, Sarasota, FL Sarasota Center Boule- 1952). 2523P). 34236. vard, Sarasota, FL 34240. North Carolina: City of Mount Airy The Honorable David Rowe, City Hall, 300 South Main Sep 12, 2019 ...... 370226 Surry (FEMA (18–04– Mayor, City of Mount Airy, 300 Street, Mount Airy, NC Docket No.: B– 4879P). South Main Street, Mount Airy, 27030. 1939). NC 27030. Pennsylvania: Lancaster Township of East Mr. Ralph Hutchison, Manager, Planning, Zoning and Oct. 28, 2019 ...... 421771 (FEMA Lampeter (19– Township of East Lampeter, Building Department, Docket 03–1025P). 2250 Old Philadelphia Pike, Lan- 2250 Old Philadelphia No.: B– caster, PA 17602. Pike, Lancaster, PA 1958). 17602. Lancaster Township of Lea- The Honorable Frank Howe, Chair- Zoning Department, 3545 Oct. 28, 2019 ...... 420958 (FEMA cock (19–03– man, Township of Leacock Board West Newport Road, Docket 1025P). of Supervisors, P.O. Box 558, Intercourse, PA 17534. No.: B– Intercourse, PA 17534. 1958). Lancaster Township of Par- The Honorable Donald L. Ranck, Zoning Department, 2 Oct. 28, 2019 ...... 421777 (FEMA adise (19–03– Chairman, Township of Paradise Township Drive, Para- Docket 1025P). Board of Supervisors, P.O. Box dise, PA 17562. No.: B– 40, Paradise, PA 17562. 1958). Union (FEMA Borough of The Honorable Judith T. Wagner, Borough Hall, 55 South Nov. 12, 2019 ...... 480831 Docket Lewisburg (18– Mayor, Borough of Lewisburg, 5th Street, 127 Spruce No.: B– 03–1763P). 127 Spruce Street, Lewisburg, Street, Lewisburg, PA 1952). PA 17837. 17837. Union (FEMA Township of East The Honorable Char Gray, Chair- Township Hall, 589 Fair- Nov. 12, 2019 ...... 421011 Docket Buffalo (18– man, Township of East Buffalo ground Road, No.: B– 03–1763P). Board of Supervisors, 589 Fair- Lewisburg, PA 17837. 1952). ground Road, Lewisburg, PA 17837. South Carolina: Unincorporated The Honorable Scott Whetstone, Lexington County Commu- Oct. 25, 2019 ...... 450129 Lexington areas of Lex- Chairman, Lexington County nity Development De- (FEMA Docket ington County Council, 212 South Lake Drive, partment, 212 South No.: B–1948). (18–04– Suite 601, Lexington, SC 29072. Lake Drive, Suite 401, 6164P). Lexington, SC 29072. Texas: Bexar (FEMA City of San Anto- The Honorable Ron Nirenberg, Transportation and Capitol Nov. 12, 2019 ...... 480045 Docket nio (18–06– Mayor, City of San Antonio, P.O. Improvements Depart- No.: B– 3650P). Box 839966, San Antonio, TX ment, Storm Water Divi- 1967). 78283. sion, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204.

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

Bexar (FEMA City of San Anto- The Honorable Ron Nirenberg, Transportation and Capitol Nov. 4, 2019 ...... 480045 Docket nio (19–06– Mayor, City of San Antonio, P.O. Improvements Depart- No.: B– 0514P). Box 839966, San Antonio, TX ment, Storm Water Divi- 1958). 78283. sion, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204. Denton City of Frisco The Honorable Jeff Cheney, Mayor, Engineering Services De- Nov. 12, 2019 ...... 480134 (FEMA (19–06– City of Frisco, 6101 Frisco partment, 6101 Frisco Docket 0120P). Square Boulevard, Frisco, TX Square Boulevard, Fris- No.: B– 75034. co, TX 75034. 1952). Denton City of The Col- The Honorable Joe McCourry, Engineering Department, Nov. 12, 2019 ...... 481581 (FEMA ony (19–06– Mayor, City of The Colony, 6800 6800 Main Street, The Docket 1578P). Main Street, The Colony, TX Colony, TX 75056. No.: B– 75056. 1952). Denton Town of Little The Honorable David Hillock, Development Services De- Nov. 12, 2019 ...... 481152 (FEMA Elm (19–06– Mayor, Town of Little Elm, 100 partment, 100 West El- Docket 0120P). West Eldorado Parkway, Little dorado Parkway, Little No.: B– Elm, TX 75068. Elm, TX 75068. 1952). Denton Unincorporated The Honorable Andy Eads, Denton Denton County Public Nov. 12, 2019 ...... 480774 (FEMA areas of Den- County Judge, 110 West Hickory Works, Engineering De- Docket ton County Street, 2nd Floor, Denton, TX partment, 1505 East No.: B– (19–06– 76201. McKinney Street, Suite 1952). 0120P). 175, Denton, TX 76201. Harris (FEMA Unincorporated The Honorable Lina Hidalgo, Harris Harris County Permit Of- Oct. 28, 2019 ...... 480287 Docket areas of Harris County Judge, 1001 Preston fice, 10555 Northwest No.: B– County (19– Street, Suite 911, Houston, TX Freeway, Suite 120, 1958). 06–0808P). 77002. Houston, TX 77092. Potter (FEMA Unincorporated The Honorable Nancy Tanner, Pot- Potter County Courthouse, Nov. 4, 2019 ...... 481241 Docket areas of Potter ter County Judge, 500 South Fill- 500 South Fillmore No.: B– County (19– more Street, Suite 103, Amarillo, Street, Amarillo, TX 1952). 06–0488P). TX 79101. 79101. Tarrant City of Keller The Honorable Pat McGrail, Mayor, Public Works Department, Oct. 24, 2019 ...... 480602 (FEMA (19–06– City of Keller, P.O. Box 770, Kel- 1100 Bear Creek Park- Docket 1585P). ler, TX 76244. way, Keller, TX 76248. No.: B– 1954).

[FR Doc. 2019–26420 Filed 12–6–19; 8:45 am] Flood Insurance Study (FIS) reports for inspection at both the online location BILLING CODE 9110–12–P the communities listed in the table https://www.fema.gov/ below. The purpose of this notice is to preliminaryfloodhazarddata and the seek general information and comment respective Community Map Repository DEPARTMENT OF HOMELAND regarding the preliminary FIRM, and address listed in the tables below. SECURITY where applicable, the FIS report that the Additionally, the current effective FIRM Federal Emergency Management Agency and FIS report for each community are Federal Emergency Management (FEMA) has provided to the affected accessible online through the FEMA Agency communities. The FIRM and FIS report Map Service Center at https:// [Docket ID FEMA–2019–0002; Internal are the basis of the floodplain msc.fema.gov for comparison. Agency Docket No. FEMA–B–1975] management measures that the You may submit comments, identified community is required either to adopt by Docket No. FEMA–B–1975, to Rick Proposed Flood Hazard or to show evidence of having in effect Determinations Sacbibit, Chief, Engineering Services in order to qualify or remain qualified Branch, Federal Insurance and AGENCY: Federal Emergency for participation in the National Flood Mitigation Administration, FEMA, 400 Insurance Program (NFIP). In addition, Management Agency, DHS. C Street SW, Washington, DC 20472, the FIRM and FIS report, once effective, ACTION: Notice. (202) 646–7659, or (email) will be used by insurance agents and [email protected]. SUMMARY: Comments are requested on others to calculate appropriate flood proposed flood hazard determinations, insurance premium rates for new FOR FURTHER INFORMATION CONTACT: Rick which may include additions or buildings and the contents of those Sacbibit, Chief, Engineering Services modifications of any Base Flood buildings. Branch, Federal Insurance and Elevation (BFE), base flood depth, Mitigation Administration, FEMA, 400 Special Flood Hazard Area (SFHA) DATES: Comments are to be submitted C Street SW, Washington, DC 20472, boundary or zone designation, or on or before March 9, 2020. (202) 646–7659, or (email) regulatory floodway on the Flood ADDRESSES: The Preliminary FIRM, and [email protected]; or visit Insurance Rate Maps (FIRMs), and where applicable, the FIS report for the FEMA Map Information eXchange where applicable, in the supporting each community are available for (FMIX) online at https://

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www.floodmaps.fema.gov/fhm/fmx_ The communities affected by the online at https://www.floodsrp.org/pdfs/ main.html. flood hazard determinations are srp_overview.pdf. SUPPLEMENTARY INFORMATION: FEMA provided in the tables below. Any The watersheds and/or communities proposes to make flood hazard request for reconsideration of the affected are listed in the tables below. determinations for each community revised flood hazard information shown The Preliminary FIRM, and where listed below, in accordance with section on the Preliminary FIRM and FIS report applicable, FIS report for each 110 of the Flood Disaster Protection Act that satisfies the data requirements community are available for inspection of 1973, 42 U.S.C. 4104, and 44 CFR outlined in 44 CFR 67.6(b) is considered at both the online location https:// 67.4(a). an appeal. Comments unrelated to the www.fema.gov/preliminaryfloodhazard These proposed flood hazard flood hazard determinations also will be data and the respective Community determinations, together with the considered before the FIRM and FIS Map Repository address listed in the floodplain management criteria required report become effective. tables. For communities with multiple by 44 CFR 60.3, are the minimum that Use of a Scientific Resolution Panel ongoing Preliminary studies, the studies are required. They should not be (SRP) is available to communities in can be identified by the unique project construed to mean that the community number and Preliminary FIRM date must change any existing ordinances support of the appeal resolution process. SRPs are independent panels of listed in the tables. Additionally, the that are more stringent in their current effective FIRM and FIS report experts in hydrology, hydraulics, and floodplain management requirements. for each community are accessible other pertinent sciences established to The community may at any time enact online through the FEMA Map Service review conflicting scientific and stricter requirements of its own or Center at https://msc.fema.gov for technical data and provide pursuant to policies established by other comparison. Federal, State, or regional entities. recommendations for resolution. Use of These flood hazard determinations are the SRP only may be exercised after (Catalog of Federal Domestic Assistance No. used to meet the floodplain FEMA and local communities have been 97.022, ‘‘Flood Insurance.’’) management requirements of the NFIP engaged in a collaborative consultation Michael M. Grimm, and are used to calculate the process for at least 60 days without a Assistant Administrator for Risk appropriate flood insurance premium mutually acceptable resolution of an Management, Department of Homeland rates for new buildings built after the appeal. Additional information Security, Federal Emergency Management FIRM and FIS report become effective. regarding the SRP process can be found Agency.

Community Community map repository address

Black Hawk County, Iowa and Incorporated Areas Project: 17–07–0295S Preliminary Date: January 10, 2019

City of Cedar Falls ...... City Hall Department of Finance and Business Operations, 220 Clay Street, Cedar Falls, IA 50613. City of Dunkerton ...... City Hall, 200 Tower Street, Dunkerton, IA 50626. City of Elk Run Heights ...... City Hall, 5042 Lafayette Road, Elk Run Heights, IA 50707. City of Gilbertville ...... City Hall, 1321 5th Street, Gilbertville, IA 50634. City of Hudson ...... City Hall, 525 Jefferson Street, Hudson, IA 50643. City of La Porte City ...... City Hall, 202 Main Street, La Porte City, IA 50651. City of Raymond ...... City Hall, 101 1st Street, Raymond, IA 50667. City of Waterloo ...... City Hall, 715 Mulberry Street, Waterloo, IA 50703. Unincorporated Areas of Black Hawk County ...... Black Hawk County Courthouse, 316 East 5th Street, Waterloo, IA 50703.

Dickinson County, Kansas and Incorporated Areas Project: 17–07–0009S Preliminary Date: August 14, 2019

City of Abilene ...... Office of the City Inspector, 419 North Broadway, Abilene, KS 67410. City of Chapman ...... City Hall, 466 North Marshall Street, Chapman, KS 67431. City of Enterprise ...... City Hall, 206 South Factory Street, Enterprise, KS 67441. City of Herington ...... City Office, 17 North Broadway, Herington, KS 67449. City of Hope ...... City Office, 113 North Main Street, Hope, KS 67451. City of Manchester ...... City Office, 610 Lina Avenue, Manchester, KS 67410. City of Solomon ...... City Office, 116 West Main Street, Solomon, KS 67480. Unincorporated Areas of Dickinson County ...... Dickinson County Courthouse, 109 East 1st Street, Suite 202, Abilene, KS 67410.

Emmet County, Michigan (All Jurisdictions) Project: 14–05–3357S Preliminary Date: June 4, 2019

City of Harbor Springs ...... City Hall, 160 Zoll Street, Harbor Springs, MI 49740. City of Petoskey ...... City Hall, 101 East Lake Street, Petoskey, MI 49770. Little Traverse Bay Bands of Odawa Indians ...... Little Traverse Bay Bands of Odawa Indians, 7500 Odawa Circle, Har- bor Springs, MI 49740. Township of Bear Creek ...... Bear Creek Township Hall, 373 North Division Road, Petoskey, MI 49770. Township of Bliss ...... Township of Bliss Town Hall, 41 West Lakeview Road, Levering, MI 49755. Township of Cross Village ...... Cross Village Township Hall, 5954 Wadsworth Street, Harbor Springs, MI 49740.

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Community Community map repository address

Township of Friendship ...... Clerk’s Office, 88774 Kawegoma Road, Harbor Springs, MI 49740. Township of Littlefield ...... Littlefield Township Hall, 7631 Burr Avenue, Alanson, MI 49706. Township of Little Traverse ...... Little Traverse Township Hall, 8288 Pleasant View Road, Harbor Springs, MI 49740. Township of Readmond ...... Readmond Township Hall, 6034 Wormwood Lane, Harbor Springs, MI 49740. Township of Resort ...... Resort Township Hall, 2232 Resort Pike Road, Petoskey, MI 49770. Township of Wawatam ...... Wawatam Township Hall, 119 West Etherington Street, Mackinaw City, MI 49701. Township of West Traverse ...... West Traverse Township Hall, 8001 M–119, Harbor Springs, MI 49740. Village of Mackinaw City ...... Village Hall, 102 South Huron Avenue, Mackinaw City, MI 49701.

Niagara County, New York (All Jurisdictions) Project: 17–02–0294S Preliminary Date: April 5, 2019

City of North Tonawanda ...... City Hall, 216 Payne Avenue, North Tonawanda, NY 14120.

[FR Doc. 2019–26422 Filed 12–6–19; 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 May 15, 2020 has days have elapsed since that been established for the FIRM and, publication. The Deputy Associate Federal Emergency Management where applicable, the supporting FIS Administrator for Insurance and Agency report showing the new or modified Mitigation has resolved any appeals [Docket ID FEMA–2019–0002] flood hazard information for each resulting from this notification. community. This final notice is issued in Final Flood Hazard Determinations ADDRESSES: The FIRM, and if accordance with section 110 of the 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. ACTION: Notice. community is available for inspection at FEMA has developed criteria for 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 FOR FURTHER INFORMATION CONTACT: Rick available at the address cited below for 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. made final in the watersheds and/or The FIRM and FIS report are the basis (202) 646–7659, or (email) communities listed in the table below. of the floodplain management measures [email protected]; or visit that a community is required either to the FEMA Map Information eXchange (Catalog of Federal Domestic Assistance No. (FMIX) online at https:// 97.022, ‘‘Flood Insurance.’’) adopt or to show evidence of having in _ effect in order to qualify or remain www.floodmaps.fema.gov/fhm/fmx 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

Hendry County, Florida and Incorporated Areas Docket No.: FEMA–B–1823

City of Clewiston ...... Community Development Department, 121 Central Avenue, Clewiston, FL 33440. Unincorporated Areas of Hendry County ...... Hendry County Engineering Department, 99 East Cowboy Way, LaBelle, FL 33935.

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Community Community map repository address

Coffee County, Tennessee and Incorporated Areas Docket No.: FEMA–B–1905

City of Manchester ...... City Hall, Health and Codes Department, 200 West Fort Street, Man- chester, TN 37355. Unincorporated Areas of Coffee County ...... Coffee County Administration Plaza, Zoning and Codes Department, 1329 McArthur Street, Suite 2, Manchester, TN 37355.

Bandera County, Texas and Incorporated Areas Docket No.: FEMA–B–1861

City of Bandera ...... City Hall, 511 Main Street, Bandera, TX 78003. Unincorporated Areas of Bandera County ...... Bandera County Engineer’s Office, 502 11th Street, Bandera, TX 78003.

Kendall County, Texas and Incorporated Areas Docket No.: FEMA–B–1861

Unincorporated Areas of Kendall County ...... Kendall County Courthouse, 201 East San Antonio Avenue, Suite 101, Boerne, TX 78006.

Kerr County, Texas and Incorporated Areas Docket No.: FEMA–B–1861

Unincorporated Areas of Kerr County ...... Kerr County Engineering Office, 3766 State Highway 27, Kerrville, TX 78028.

Medina County, Texas and Incorporated Areas Docket No.: FEMA–B–1861

City of Castroville ...... City Hall, 1209 Fiorella Street, Castroville, TX 78009. Unincorporated Areas of Medina County ...... Medina County Environmental Health Group, 925 Avenue Y, Hondo, TX 78861.

[FR Doc. 2019–26424 Filed 12–6–19; 8:45 am] Federal Emergency Management Agency Branch, Federal Insurance and BILLING CODE 9110–12–P (FEMA) has provided to the affected Mitigation Administration, FEMA, 400 communities. The FIRM and FIS report C Street SW, Washington, DC 20472, are the basis of the floodplain (202) 646–7659, or (email) DEPARTMENT OF HOMELAND management measures that the [email protected]. SECURITY community is required either to adopt FOR FURTHER INFORMATION CONTACT: Rick or to show evidence of having in effect Sacbibit, Chief, Engineering Services Federal Emergency Management in order to qualify or remain qualified Branch, Federal Insurance and Agency for participation in the National Flood Mitigation Administration, FEMA, 400 Insurance Program (NFIP). In addition, [Docket ID FEMA–2019–0002; Internal C Street SW, Washington, DC 20472, Agency Docket No. FEMA–B–1977] the FIRM and FIS report, once effective, (202) 646–7659, or (email) will be used by insurance agents and [email protected]; or visit Proposed Flood Hazard others to calculate appropriate flood the FEMA Map Information eXchange Determinations insurance premium rates for new (FMIX) online at https:// buildings and the contents of those www.floodmaps.fema.gov/fhm/fmx_ AGENCY: Federal Emergency buildings. main.html. Management Agency, DHS. DATES: Comments are to be submitted ACTION: Notice. SUPPLEMENTARY INFORMATION: FEMA on or before March 9, 2020. proposes to make flood hazard SUMMARY: Comments are requested on ADDRESSES: The Preliminary FIRM, and determinations for each community proposed flood hazard determinations, where applicable, the FIS report for listed below, in accordance with section which may include additions or each community are available for 110 of the Flood Disaster Protection Act modifications of any Base Flood inspection at both the online location of 1973, 42 U.S.C. 4104, and 44 CFR Elevation (BFE), base flood depth, https://www.fema.gov/preliminary 67.4(a). Special Flood Hazard Area (SFHA) floodhazarddata and the respective These proposed flood hazard boundary or zone designation, or Community Map Repository address determinations, together with the regulatory floodway on the Flood listed in the tables below. Additionally, floodplain management criteria required Insurance Rate Maps (FIRMs), and the current effective FIRM and FIS by 44 CFR 60.3, are the minimum that where applicable, in the supporting report for each community are are required. They should not be Flood Insurance Study (FIS) reports for accessible online through the FEMA construed to mean that the community the communities listed in the table Map Service Center at https:// must change any existing ordinances below. The purpose of this notice is to msc.fema.gov for comparison. that are more stringent in their seek general information and comment You may submit comments, identified floodplain management requirements. regarding the preliminary FIRM, and by Docket No. FEMA–B–1977, to Rick The community may at any time enact where applicable, the FIS report that the Sacbibit, Chief, Engineering Services stricter requirements of its own or

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pursuant to policies established by other Use of a Scientific Resolution Panel community are available for inspection Federal, State, or regional entities. (SRP) is available to communities in at both the online location https:// These flood hazard determinations are support of the appeal resolution www.fema.gov/preliminaryfloodhazard used to meet the floodplain process. SRPs are independent panels of data and the respective Community management requirements of the NFIP experts in hydrology, hydraulics, and Map Repository address listed in the and are used to calculate the other pertinent sciences established to tables. For communities with multiple appropriate flood insurance premium review conflicting scientific and ongoing Preliminary studies, the studies rates for new buildings built after the technical data and provide can be identified by the unique project FIRM and FIS report become effective. recommendations for resolution. Use of number and Preliminary FIRM date the SRP only may be exercised after listed in the tables. Additionally, the The communities affected by the FEMA and local communities have been current effective FIRM and FIS report flood hazard determinations are engaged in a collaborative consultation for each community are accessible provided in the tables below. Any process for at least 60 days without a online through the FEMA Map Service request for reconsideration of the mutually acceptable resolution of an Center at https://msc.fema.gov for revised flood hazard information shown appeal. Additional information comparison. on the Preliminary FIRM and FIS report regarding the SRP process can be found (Catalog of Federal Domestic Assistance No. that satisfies the data requirements online at https://www.floodsrp.org/pdfs/ 97.022, ‘‘Flood Insurance.’’) outlined in 44 CFR 67.6(b) is considered srp_overview.pdf. an appeal. Comments unrelated to the Michael M. Grimm, The watersheds and/or communities flood hazard determinations also will be Assistant Administrator for Risk affected are listed in the tables below. considered before the FIRM and FIS Management, Department of Homeland The Preliminary FIRM, and where Security, Federal Emergency Management report become effective. applicable, FIS report for each Agency.

Community Community map repository address

Logan County, Colorado and Incorporated Areas Project: 19–08–0005S Preliminary Date: April 12, 2019

City of Sterling ...... Public Works Office, 421 North 4th Street, Sterling, CO 80751. Town of Crook ...... Town Hall, 212 4th Street, Crook, CO 80726. Town of Iliff ...... Town Hall, 405 West 2nd Avenue, Iliff, CO 80736. Town of Merino ...... Town Hall, 208 Colorado Avenue, Merino, CO 80741. Unincorporated Areas of Logan County ...... Logan County Planning and Zoning Department, 315 Main Street, Ster- ling, CO 80751.

Morgan County, Colorado and Incorporated Areas Project: 19–08–0007S Preliminary Date: May 29, 2019

City of Fort Morgan ...... Planning and Zoning Office, 710 East Railroad Avenue, Fort Morgan, CO 80701. Unincorporated Areas of Morgan County ...... Morgan County Planning and Zoning Department, 231 Ensign Street, Fort Morgan, CO 80701.

Sedgwick County, Colorado and Incorporated Areas Project: 19–08–0008S Preliminary Date: May 29, 2019

Town of Julesburg ...... Town Hall, 100 West 2nd Street, Julesburg, CO 80737. Town of Ovid ...... Town Hall, 211 Main Street, Ovid, CO 80744. Town of Sedgwick ...... Town Hall, 29 Main Avenue, Sedgwick, CO 80749. Unincorporated Areas of Sedgwick County ...... Sedgwick County Courthouse, 315 Cedar Street, Julesburg, CO 80737.

Washington County, Colorado and Incorporated Areas Project: 19–08–0009S Preliminary Date: May 29, 2019

Town of Akron ...... Town Hall, 245 Main Avenue, Akron, CO 80720. Town of Otis ...... Town Hall, 102 South Washington Street, Otis, CO 80743. Unincorporated Areas of Washington County ...... Washington County Courthouse, 150 Ash Avenue, Akron, CO 80720.

Gulf County, Florida and Incorporated Areas Project: 11–04–1985S Preliminary Date: May 2, 2016 and August 9, 2019

City of Port St. Joe ...... City Hall, 305 Cecil G. Costin, Sr. Boulevard, Port St. Joe, FL 32456. City of Wewahitchka ...... City Hall, 318 South 7th Street, Wewahitchka, FL 32465. Unincorporated Areas of Gulf County ...... Gulf County Planning Department, 1000 Cecil G. Costin, Sr. Boulevard, Room 312, Port St. Joe, FL 32456.

Northumberland County, Pennsylvania (All Jurisdictions) Project: 15–03–0140S Preliminary Date: April 9, 2019

Borough of Herndon ...... Borough Building, 278 North Main Street, Herndon, PA 17830. Borough of Northumberland ...... Borough Building, 175 Orange Street, Northumberland, PA 17857. Borough of Riverside ...... Borough Building, 415 Dewart Street, Riverside, PA 17868. Borough of Snydertown ...... Snydertown Borough Building, 61 South Main Street, Sunbury, PA 17801.

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Community Community map repository address

City of Shamokin ...... City Hall, 47 East Lincoln Street, Shamokin, PA 17872. City of Sunbury ...... Municipal Building, 225 Market Street, Sunbury, PA 17801. Township of Coal ...... Municipal Building, 805 West Lynn Street, Coal Township, PA 17866. Township of Jackson ...... Jackson Township Hall, 145 Jackson Township Road, Herndon, PA 17830. Township of Jordan ...... Jordan Township Building, 444 Jordan Township Road, Herndon, PA 17830. Township of Lower Augusta ...... Lower Augusta Township Building, 609 Hallowing Run Road, Sunbury, PA 17801. Township of Lower Mahanoy ...... Lower Mahanoy Township Building, 550 Hickory Road, Dalmatia, PA 17017. Township of Mount Carmel ...... Township Office, 300 Laurel Street, Mount Carmel, PA 17851. Township of Point ...... Point Township Building, 759 Ridge Road, Northumberland, PA 17857. Township of Ralpho ...... Ralpho Municipal Building, 206 South Market Street, Suite 1, Elysburg, PA 17824. Township of Rockefeller ...... Rockefeller Municipal Building, 538 Seven Points Road, Sunbury, PA 17801. Township of Rush ...... Rush Municipal Building, 2303 Center Road, Danville, PA 17821. Township of Shamokin...... Shamokin Township Municipal Building, 138 Old Reading Road, Sunbury, PA 17801. Township of Upper Augusta ...... Upper Augusta Township Building, 2087 Snydertown Road, Sunbury, PA 17801. Township of West Chillisquaque ...... West Chillisquaque Township Building, 485 Railroad Street, Montandon, PA 17850.

Snyder County, Pennsylvania (All Jurisdictions) Project: 15–03–0140S Preliminary Date: March 29, 2019

Borough of Selinsgrove ...... Borough Office, 1 North High Street, Selinsgrove, PA 17870. Borough of Shamokin Dam ...... Municipal Building, 42 West 8th Avenue, Shamokin Dam, PA 17876. Township of Chapman ...... Chapman Township Municipal Office, 1151 Wagner Hill Road, Port Trevorton, PA 17864. Township of Monroe ...... Monroe Township Municipal Building, 39 Municipal Drive, Selinsgrove, PA 17870. Township of Penn ...... Penn Township Municipal Building, 228 Clifford Road, Selinsgrove, PA 17870. Township of Perry ...... Perry Town Hall, 18 Hoffman Hill Road, Mount Pleasant Mills, PA 17853. Township of Union...... Union Township Municipal Building, 1510 McNess Road, Port Trevorton, PA 17864.

[FR Doc. 2019–26423 Filed 12–6–19; 8:45 am] Flood Insurance Study (FIS) reports, From the date of the second BILLING CODE 9110–12–P prepared by the Federal Emergency publication of notification of these Management Agency (FEMA) for each changes in a newspaper of local community, is appropriate because of circulation, any person has 90 days in DEPARTMENT OF HOMELAND new scientific or technical data. The which to request through the SECURITY FIRM, and where applicable, portions of community that the Deputy Associate Federal Emergency Management the FIS report, have been revised to Administrator for Insurance and Agency reflect these flood hazard Mitigation reconsider the changes. The determinations through issuance of a flood hazard determination information [Docket ID FEMA–2019–0002; Internal Letter of Map Revision (LOMR), in may be changed during the 90-day Agency Docket No. FEMA–B–1978] accordance with Federal Regulations. period. Changes in Flood Hazard The LOMR will be used by insurance ADDRESSES: The affected communities Determinations agents and others to calculate appropriate flood insurance premium are listed in the table below. Revised AGENCY: Federal Emergency rates for new buildings and the contents flood hazard information for each Management Agency, DHS. of those buildings. For rating purposes, community is available for inspection at ACTION: Notice. the currently effective community both the online location and the respective community map repository SUMMARY: This notice lists communities number is shown in the table below and must be used for all new policies and address listed in the table below. where the addition or modification of Additionally, the current effective FIRM Base Flood Elevations (BFEs), base flood renewals. and FIS report for each community are depths, Special Flood Hazard Area DATES: These flood hazard accessible online through the FEMA (SFHA) boundaries or zone designations, or the regulatory floodway determinations will be finalized on the Map Service Center at https:// (hereinafter referred to as flood hazard dates listed in the table below and msc.fema.gov for comparison. determinations), as shown on the Flood revise the FIRM panels and FIS report Submit comments and/or appeals to Insurance Rate Maps (FIRMs), and in effect prior to this determination for the Chief Executive Officer of the where applicable, in the supporting the listed communities. community as listed in the table below.

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FOR FURTHER INFORMATION CONTACT: Rick The modifications are made pursuant stricter requirements of its own or Sacbibit, Chief, Engineering Services to section 201 of the Flood Disaster pursuant to policies established by other Branch, Federal Insurance and Protection Act of 1973, 42 U.S.C. 4105, Federal, State, or regional entities. The Mitigation Administration, FEMA, 400 and are in accordance with the National flood hazard determinations are in C Street SW, Washington, DC 20472, Flood Insurance Act of 1968, 42 U.S.C. accordance with 44 CFR 65.4. (202) 646–7659, or (email) 4001 et seq., and with 44 CFR part 65. The affected communities are listed in [email protected]; or visit The FIRM and FIS report are the basis the following table. Flood hazard the FEMA Map Information eXchange of the floodplain management measures determination information for each (FMIX) online at https:// that the community is required either to community is available for inspection at _ www.floodmaps.fema.gov/fhm/fmx adopt or to show evidence of having in both the online location and the main.html. effect in order to qualify or remain respective community map repository address listed in the table below. SUPPLEMENTARY INFORMATION: The qualified for participation in the Additionally, the current effective FIRM specific flood hazard determinations are National Flood Insurance Program and FIS report for each community are not described for each community in (NFIP). accessible online through the FEMA this notice. However, the online These flood hazard determinations, Map Service Center at https:// location and local community map together with the floodplain msc.fema.gov for comparison. repository address where the flood management criteria required by 44 CFR hazard determination information is 60.3, are the minimum that are required. (Catalog of Federal Domestic Assistance No. available for inspection is provided. They should not be construed to mean 97.022, ‘‘Flood Insurance.’’) Any request for reconsideration of that the community must change any Michael M. Grimm, flood hazard determinations must be existing ordinances that are more Assistant Administrator for Risk submitted to the Chief Executive Officer stringent in their floodplain Management, Department of Homeland of the community as listed in the table management requirements. The Security, Federal Emergency Management below. community may at any time enact Agency.

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

Arizona: Maricopa ...... City of Avondale The Honorable Kenneth Development & Engineer- https://msc.fema.gov/portal/ Feb. 28, 2020 .... 040058 (19–09–1332X). N. Weise, Mayor, City ing Services Depart- advanceSearch. of Avondale, 11465 ment, 11465 West Civic West Civic Center Center Drive, Avondale, Drive, Avondale, AZ AZ 85323. 85323. Maricopa ...... Unincorporated The Honorable Bill Gates, Flood Control District of https://msc.fema.gov/portal/ Mar. 6, 2020 ...... 040037 Areas of Mari- Chairman, Board of Su- Maricopa County, 2801 advanceSearch. copa County pervisors, Maricopa West Durango Street, (19–09–0243P). County, 301 West Jef- Phoenix, AZ 85009. ferson Street, 10th Floor, Phoenix, AZ 85003. Maricopa ...... Unincorporated The Honorable Bill Gates, Flood Control District of https://msc.fema.gov/portal/ Feb. 28, 2020 .... 040037 Areas of Mari- Chairman, Board of Su- Maricopa County, 2801 advanceSearch. copa County pervisors, Maricopa West Durango Street, (19–09–1332X). County, 301 West Jef- Phoenix, AZ 85009. ferson Street, 10th Floor, Phoenix, AZ 85003. Mohave ...... City of Bullhead The Honorable Tom Public Works Department, https://msc.fema.gov/portal/ Feb. 26, 2020 .... 040125 City (18–09– Brady, Mayor, City of 2355 Trane Road, Bull- advanceSearch. 2079P). Bullhead City, 2355 head City, AZ 86442. Trane Road, Bullhead City, AZ 86442. Yavapai ...... City of Prescott The Honorable Greg Public Works Department, https://msc.fema.gov/portal/ Mar. 2, 2020 ...... 040098 (19–09–1057P). Mengarelli, Mayor, City 433 North Virginia advanceSearch. of Prescott, 201 South Street, Prescott, AZ Cortez Street, Prescott, 86301. AZ 86303. California: Contra Costa .. City of Brent- The Honorable Robert Community Development, https://msc.fema.gov/portal/ Feb. 24, 2020 .... 060439 wood (19–09– Taylor, Mayor, City of Building Division, 150 advanceSearch. 0148P). Brentwood, 150 City City Park Way, Brent- Park Way, Brentwood, wood, CA 94513. CA 94513. San City of San The Honorable John City Hall, 300 North D https://msc.fema.gov/portal/ Feb. 25, 2020 .... 060281 Bernardino. Bernardino Valdivia, Mayor, City of Street, San Bernardino, advanceSearch. (19–09–2084P). San Bernardino, 290 CA 92418. North D Street, San Bernardino, CA 92401. Florida: Duval ...... City of Jackson- The Honorable Lenny City Hall, 117 West Duval https://msc.fema.gov/portal/ Feb. 19, 2020 .... 120077 ville (19–04– Curry, Mayor, City of Street, Jacksonville, FL advanceSearch. 4237P). Jacksonville, 117 West 32202. Duval Street, Suite 400, Jacksonville, FL 32202. Illinois:

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

DuPage ...... City of West Chi- The Honorable Ruben City Hall, 475 Main Street, https://msc.fema.gov/portal/ Mar. 6, 2020 ...... 170219 cago (19–05– Pineda, Mayor, City of West Chicago, IL 60185. advanceSearch. 4566P). West Chicago, 475 Main Street, West Chi- cago, IL 60185. DuPage ...... Unincorporated The Honorable Dan DuPage County Adminis- https://msc.fema.gov/portal/ Mar. 6, 2020 ...... 170197 Areas of Cronin, Chairman, tration Building, advanceSearch. DuPage Coun- DuPage County Board, Stormwater Manage- ty (19–05– 421 North County Farm ment, 421 North County 4566P). Road, Wheaton, IL Farm Road, Wheaton, 60187. IL 60187. DuPage ...... Village of Win- The Honorable Erik Village Hall, 27W465 https://msc.fema.gov/portal/ Mar. 6, 2020 ...... 170223 field (19–05– Spande, Village Presi- Jewell Road, Winfield, advanceSearch. 4566P). dent, Village of Win- IL 60190. field, 27W465 Jewell Road, Winfield, IL 60190. Kane ...... City of Elgin (19– The Honorable Dave Public Works Department, https://msc.fema.gov/portal/ Feb. 27, 2020 .... 170087 05–0133P). Kaptain, Mayor, City of Engineering Depart- advanceSearch. Elgin, 150 Dexter Court, ment, 150 Dexter Court, Elgin, IL 60120. Elgin, IL 60120. Michigan: Bay ...... Township of Ban- The Honorable Glenn Township Hall, 180 State https://msc.fema.gov/portal/ Feb. 28, 2020 .... 260019 gor (19–05– Rowley, Supervisor, Park Drive, Bay City, MI advanceSearch. 2130P). Township of Bangor, 48706. Township Hall, 180 State Park Drive, Bay City, MI 48706. Minnesota: Carver ...... City of Water- The Honorable Steve City Hall, 309 Lewis Ave- https://msc.fema.gov/portal/ Mar. 6, 2020 ...... 270056 town (19–05– Washburn, Mayor, City nue South, Watertown, advanceSearch. 1618P). of Watertown, City Hall, MN 55388. 309 Lewis Avenue South, Watertown, MN 55388. Carver ...... Unincorporated The Honorable Randy Carver County Public https://msc.fema.gov/portal/ Mar. 6, 202 ...... 270049 Areas of Maluchnik, Board Chair- Health and Environ- advanceSearch. Carver County man, Carver County, ment, 600 East 4th (19–05–1618P). 600 East 4th Street, Street, Chaska, MN Chaska, MN 55318. 55318. Nevada: Clark ...... Unincorporated The Honorable Marilyn Clark County, Office of https://msc.fema.gov/portal/ Feb. 21, 2020 .... 320003 Areas of Clark Kirkpatrick, Chair, the Director of Public advanceSearch. County (19– Board of Commis- Works, 500 South 09–1583P). sioners, Clark County, Grand Central Parkway, 500 South Grand Cen- 2nd Floor, Las Vegas, tral Parkway, 6th Floor, NV 89155. Las Vegas, NV 89106. Washoe ...... City of Reno The Honorable Hillary City Hall, 1 East 1st https://msc.fema.gov/portal/ Mar. 2, 2020 ...... 320020 (19–09–0750P). Schieve, Mayor, City of Street, Reno, NV 89501. advanceSearch. Reno, P.O. Box 1900, Reno, NV 89505. Washoe ...... Unincorporated The Honorable Vaughn Washoe County Adminis- https://msc.fema.gov/portal/ Mar. 2, 2020 ...... 320019 Areas of Hartung, Chairman, tration Building, Depart- advanceSearch. Washoe Coun- Board of Commis- ment of Public Works, ty (19–09– sioners, Washoe Coun- 1001 East 9th Street, 0750P). ty, 1001 East 9th Reno, NV 89512. Street, Reno, NV 89512. New Jersey: Middlesex ...... Township of The Honorable John E. Township Municipal Build- https://msc.fema.gov/portal/ Mar. 4, 2020. Woodbridge McCormac, Mayor, ing, 1 Main Street, advanceSearch. (19–02–1082P). Township of Woodbridge, NJ 07095. Woodbridge, Township Municipal Building, 1 Main Street, Woodbridge, NJ 07095. Morris ...... Town of Dover The Honorable James P. Engineering Department, https://msc.fema.gov/portal/ Feb. 7, 2020 ...... 340340 (19–02–0681P). Dodd, Mayor, Town of 100 Princeton Avenue, advanceSearch. Dover, 37 North Sussex Dover, NJ 07801. Street, Dover, NJ 07801. Texas: Dallas ...... City of Dallas The Honorable Eric John- Trinity Watershed Man- https://msc.fema.gov/portal/ Feb. 26, 2020 .... 480171 (19–06–1433P). son, Mayor, City of Dal- agement Department, advanceSearch. las, 1500 Marilla Street, Floodplain and Drain- Room 5EN, Dallas, TX age Management, 320 75201. East Jefferson Boule- vard, Room 307, Dal- las, TX 75203.

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

Tarrant ...... City of Fort The Honorable Betsy Department of Transpor- https://msc.fema.gov/portal/ Feb. 21, 2020 .... 480596 Worth (19–06– Price, Mayor, City of tation and Public advanceSearch. 2078P). Fort Worth, 200 Texas Works, 200 Texas Street, Fort Worth, TX Street, Fort Worth, TX 76102. 76102. Tarrant ...... City of Richland The Honorable Edward City Hall, 3200 Diana https://msc.fema.gov/portal/ Feb. 21, 2020 .... 480608 Hills (19–06– Lopez, Mayor, City of Drive, Richland Hills, advanceSearch. 2078P). Richland Hills, 3200 TX 76118. Diana Drive, Richland Hills, TX 76118. Wisconsin: Brown ...... Village of The Honorable Mary Village Hall, 2155 https://msc.fema.gov/portal/ Feb. 24, 2020 .... 550600 Ashwaubenon Kardoskee, Village Holmgren Way advanceSearch. (19–05–1474P). President, Village of Ashwaubenon, WI Ashwaubenon, 2410 54304. South Ridge Road, Green Bay, WI 54304. Brown ...... Unincorporated The Honorable Patrick Brown County Zoning Of- https://msc.fema.gov/portal/ Feb. 24, 2020 .... 550020 Areas of Moynihan Jr., Board fice, 305 East Walnut advanceSearch. Brown County Chairman, Brown Coun- Street, Green Bay, WI (19–05–1474P). ty, 305 East Walnut 54301. Street, Green Bay, WI 54305. Ozaukee ...... Village of The Honorable Van A. Village Hall, 250 Elm https://msc.fema.gov/portal/ Feb. 21, 2020 .... 550318 Thiensville Mobley, President, Vil- Street, Thiensville, WI advanceSearch. (19–05–4351X). lage of Thiensville 53092. Board, Village Hall, 250 Elm Street, Thiensville, WI 53092.

[FR Doc. 2019–26421 Filed 12–6–19; 8:45 am] County, California. The draft EIS is a Æ Highland Branch Library, 7863 BILLING CODE 9110–12–P joint Environmental Impact Statement/ Central Ave., Highland, CA. Supplemental Environmental Impact • San Bernardino Water Conservation Report (EIS/SEIR). The draft SEIR District: Copies are available for public DEPARTMENT OF THE INTERIOR portion of the joint document was viewing at the San Bernardino Valley prepared by the District in compliance Water Conservation District, 1630 W Fish and Wildlife Service with the California Environmental Redlands Blvd., Ste. A, Redlands, CA. [FWS–R8–ES–2019–N111; FXES11140000– Quality Act. Digital copies of the documents will be 189–FF08E00000] DATES: provided on CD at the District office Public Comments: We will receive upon request. Proposed Upper Santa Ana River public comments on the HCP and DEIS/ Submitting Comments: You may Habitat Conservation Plan and Draft SEIR until January 23, 2020. Comments submit comments by one of the Environmental Impact Statement; San received or postmarked after this date following methods. Please include your Bernardino County, CA will be considered to the extent contact information. • Email: fw8psfwocomments@ AGENCY: Fish and Wildlife Service, practicable. fws.gov. Interior. Meetings: We will conduct two public • U.S. Mail or Hand-Delivery: Karin meetings, both on January 9, 2020. Both ACTION: Notice of availability; receipt of Cleary-Rose, Santa Ana River Wash meetings are intended to cover the same permit applications and request for Project, Palm Springs Fish and Wildlife material. The first meeting is 2–4 p.m., public comments; notice of public Service Office, 777 E. Tahquitz Canyon and the second is 6:30–9:30 p.m. meetings. Way, Suite 208, Palm Springs, CA Public Accommodations: We are 92262. SUMMARY: We, the U.S. Fish and committed to providing meeting access Wildlife Service, have received Meetings: Our scheduled public for all participants. Please direct all meetings will take place at the San applications from the San Bernardino requests for sign language interpreting Valley Water Conservation District Bernardino Valley Water Conservation services, closed captioning, or other District Office, 1630 West Redlands (District) and the San Bernardino accommodation to Karin Cleary-Rose, Avenue, Redlands, CA 92373. See DATES County Flood Control District (SBCFCD) TTY 800–877–8339 by close of business and FOR FURTHER INFORMATION CONTACT. for incidental take permits under the on January 6, 2020. Endangered Species Act. We advise the FOR FURTHER INFORMATION CONTACT: public of the availability of an ADDRESSES: Obtaining Documents: You Contact either of the two following accompanying proposed habitat may obtain the documents by the individuals for more information: conservation plan (HCP), which covers following methods. • Karin Cleary-Rose, USFWS, by mail two federally listed animal species and • Internet: https://www.fws.gov/ at Palm Springs Fish and Wildlife other covered species, and a draft carlsbad/HCPs/HCP_Docs.html or Office, 777 East Tahquitz Canyon Way, environmental impact statement (EIS), https://sbvwcd.org. Suite 208, Palm Springs, CA 92262; or for public review and comment. The • Public Libraries: Copies are via email to [email protected]; HCP covers activities for water available for public viewing at the or conservation, aggregate mining, following libraries: • Daniel Cozad, San Bernardino recreation, flood control and other Æ A.K. Smiley Library at 125 West Valley Water Conservation District, by public services in San Bernardino Vine St., Redlands, CA. mail at 1630 W Redlands Blvd., Ste. A,

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Redlands, CA 92373; or via email to alternatives for the Service’s issuance of Under limited circumstances, we may [email protected]. ESA permits to applicants. The project issue permits to authorize take that is TTY users can contact the above area lies within San Bernardino County, incidental to and not the purpose of individuals by calling 800–877–8339. primarily in the cities of Highland and otherwise lawful activities. SUPPLEMENTARY INFORMATION: The San Redlands, as well as within the Habitat Conservation Plan Covered Bernardino Valley Water Conservation unincorporated County area. The plan Activities District (District, applicant), and the San area encompasses approximately 4,892 Bernardino County Flood Control acres. Pursuant to the National The Service is considering the District (SBCFCD, applicant) have each Environmental Policy Act (NEPA; 42 issuance of incidental take permits applied to the U.S. Fish and Wildlife U.S.C. 4321 et seq.), we advise the consistent with the Upper Santa Ana Service (Service) for an incidental take public of the availability of our draft River Wash HCP. The HCP covers two permit under section 10 (a)(1)(B) of the environmental impact statement (EIS), types of activities in the Upper Santa Endangered Species Act, as amended which analyzes several alternatives Ana River Wash Plan project area: (ESA; 16 U.S.C. 1531 et seq.). We, the related to the Service’s decision whether • Activities related to the operations Service, advise the public of the to issue incidental take permits in and maintenance of existing facilities or availability of the applicants’ proposed response to the District’s and the land uses already in operation in the habitat conservation plan (HCP), which SBCFCD’s applications. Wash, covering an area totaling 166.9 covers two federally listed animal acres; and Background species and other covered species, and • Expansion or enhancement of the Service-prepared draft Section 9 of the ESA and Federal facilities planned for the Wash area, environmental impact statement (EIS), regulations pursuant to section 4(d) of totaling 634.1 acres. for public review and comment. The the ESA prohibit the ‘‘take’’ of fish and Habitat Conservation Plan Covered HCP covers activities for water wildlife species federally listed as Species conservation, aggregate mining, endangered or threatened without recreation, flood control and other special exemption. Take of federally The proposed incidental take permits public services in San Bernardino listed fish or wildlife is defined under would cover five species. Incidental County, California. The draft EIS is a the ESA as to harass, harm, pursue, take authorization would be provided joint Environmental Impact Statement/ hunt, shoot, wound, kill, trap, capture, under the permits for the wildlife Supplemental Environmental Impact or collect listed species, or attempt to species; the plant species are included Report (EIS/SEIR). The draft SEIR engage in such conduct (16 U.S.C. in recognition of the conservation portion of the joint document was 1538). ‘‘Harm’’ includes significant measures provided under the HCP and prepared by the District in compliance habitat modification or degradation that to provide No Surprises assurances to with the California Environmental actually kills or injures listed wildlife the applicants for the covered plants Quality Act. The draft EIS/SEIR by significantly impairing essential under 50 CFR 17.22(b)(5). The evaluates the direct, indirect, and behavioral patterns, including breeding, applicant’s HCP includes the following cumulative impacts of several feeding, and sheltering (50 CFR 17.3). species:

Federal Species listing status

Coastal California gnatcatcher (Polioptila californica californica) ...... Threatened. San Bernardino kangaroo rat (Dipodomys merriami parvus) ...... Endangered. Cactus wren (Campylorhynchus brunneicapillus) ...... Not listed. Santa Ana River woolly-star (Eriastrum densifolium ssp. sanctorum) ...... Endangered. Slender-horned spineflower (Dodecahema leptoceras) ...... Endangered.

The HCP proposes conservation Environmental Impact Statement (EIS) actions in the legislation to initiate/ measures considered necessary to to analyze the proposed land exchanges facilitate the land exchanges, but is no minimize and mitigate, to the maximum with the San Bernardino Valley Water longer required to conduct an analysis extent practicable, the impacts of the Conservation District (District) and under the National Environmental incidental taking of covered species in issuance of incidental take permits by Policy Act. the HCP. FWS. The land exchange would include The FWS will continue to serve as the up to 400 acres of BLM-managed public National Environmental Policy Act Federal lead agency in the development lands within the Upper Santa Ana River Compliance of the EIS/SEIR, in collaboration with Wash Area. the District, a political subdivision of The draft EIS/SEIR addresses the On March 12, 2019, the President the State of California. The District is Federal and local actions in approving signed the Natural Resources the lead agency for the SEIR, under the and implementing the project, and the Management Act (S. 47), which California Environmental Quality Act. proposed issuance of incidental take included specific guidelines directing permits consistent with the HCP. On the land exchanges between the BLM Environmental Impact Statement March 3, 2015 (80 FR 11463), the and the Conservation District (section Bureau of Land Management (BLM) and 1003). As a result, the BLM no longer The EIS evaluates three alternatives in the U.S Fish and Wildlife Serve (FWS) has a discretionary action on the land detail: published a notice of intent to prepare exchange and is withdrawing as the co- ‘‘No action’’ alternative: Current an environmental impact statement, as lead in the preparation of the EIS. The management activities would be Federal co-leads, and later hosted two BLM will now serve as a cooperating assumed to continue. The Service scoping meetings to solicit public agency in the development of this EIS. would not issue Federal ESA permits to comments on the preparation of an The BLM is required to implement the applicants.

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Proposed action: Consistent with the associated funerary objects, in professional staff in consultation with proposed Upper Santa Ana River Wash consultation with the appropriate representatives of the Caddo Nation of Plan HCP, the Service issues 30-year Indian Tribes or Native Hawaiian Oklahoma and the Wichita and ITPs to the applicants for the five organization, and has determined that Affiliated Tribes (Wichita, Keechi, Waco covered species, under section there is a cultural affiliation between the & Tawakonie), Oklahoma (hereafter 10(a)(1)(B) of the ESA. human remains and associated funerary referred to as ‘‘The Tribes’’). ‘‘Action’’ alternative 1: The Service objects and present-day Indian Tribes or History and Description of the Remains would issuance 30-year ITPs to the Native Hawaiian organizations. Lineal applicants for four covered species descendants or representatives of any From 1973 to 1976, human remains (excluding cactus wren) with reduced Indian Tribe or Native Hawaiian representing, at minimum, 17 conservation, consistent with the 2008 organization not identified in this notice individuals were removed from the Land Management Plan prepared by the that wish to request transfer of control Plantation site (34Mi63) in McIntosh District. of these human remains and associated County, OK. The site was recorded by funerary objects should submit a written the Oklahoma Archeological Survey in Public Review request to the Sam Noble Oklahoma 1973 as a part of a survey along Any comments we receive will Museum of Natural History. If no Highway 69. Excavations were carried become part of the decision record additional requesters come forward, out by the Oklahoma Highway associated with this action. Before transfer of control of the human remains Archeological Survey in 1975, and the including your address, phone number, and associated funerary objects to the associated materials were subsequently email address, or other personal lineal descendants, Indian Tribes, or turned over to the Museum. The human identifying information in your Native Hawaiian organizations stated in remains include the mostly complete comment, you should be aware that this notice may proceed. skeleton of one young adult male, 25– 35 years old; the partial skeletons of your entire comment—including your DATES: Representatives of any Indian personal identifying information—may Tribe or Native Hawaiian organization four adults—one female, two males, and one adult of indeterminate sex—all over be made publicly available at any time. not identified in this notice that wish to 20 years old; and fragmentary skeletons While you can request in your comment request transfer of control of these of one adult female over 20 years old; that we withhold your personal human remains and associated funerary two middle adult males, 35–50 years identifying information from public objects should submit a written request old; five adults of indeterminate sex, all review, we cannot guarantee that we with information in support of the over 20 years old; one adolescent, 12– will be able to do so. All submissions request to the Sam Noble Oklahoma 20 years old; and three children, 2–7 from organizations or businesses, and Museum of Natural History at the years old. No known individuals were from individuals identifying themselves address in this notice by January 8, identified. The 824 associated funerary as representatives or officials of 2020. organizations or businesses, will be objects include two charcoal samples, made available for public disclosure in ADDRESSES: Dr. Marc Levine, Associate 71 faunal bone fragments, two stone their entirety. Curator of Archaeology, Sam Noble biface fragments, two stone core Oklahoma Museum of Natural History, fragments, 586 stone flakes, two stone Authority University of Oklahoma, 2401 projectile points, one stone scraper, four We provide this notice under section Chautauqua Avenue, Norman, OK fire cracked rocks, seven stone beads, 96 10(c) of the ESA (16 U.S.C. 1531 et seq.) 73072–7029, telephone (405) 325–1994, groundstone fragments, three and its implementing regulations (50 email [email protected]. unmodified sandstone fragments, five CFR 17.22), and NEPA (42 U.S.C. 4321 SUPPLEMENTARY INFORMATION: Notice is daub fragments, 36 ceramic sherds, one et seq.) and NEPA implementing here given in accordance with the reconstructed Williams Plain ceramic regulations (40 CFR 1506.6). Native American Graves Protection and vessel, and six soil samples. Repatriation Act (NAGPRA), 25 U.S.C. Diagnostic artifacts and radiocarbon Michael Fris, 3003, of the completion of an inventory dates associated with the Plantation site Assistant Regional Director, Pacific of human remains and associated (34Mi63) burials indicate interment Southwest Region, U.S. Fish and Wildlife funerary objects under the control of the during the Mississippian Period, Service, Sacramento, California. Sam Noble Oklahoma Museum of specifically the local Harlan through [FR Doc. 2019–26478 Filed 12–6–19; 8:45 am] Natural History, Norman, OK. The Spiro phases (A.D. 1100–1450). BILLING CODE 4333–15–P human remains and associated funerary Between 1933–1935 and 1947–1948, objects were removed from McIntosh human remains representing, at and Wagoner Counties, OK. minimum, 83 individuals were removed DEPARTMENT OF THE INTERIOR This notice is published as part of the from the Norman site (34Wg2) in Wagoner County, OK. Beginning in National Park Service National Park Service’s administrative responsibilities under NAGPRA, 25 1933, this site, which includes multiple [NPS–WASO–NAGPRA–NPS0029195; U.S.C. 3003(d)(3). The determinations in mounds and a habitation area, was PPWOCRADN0–PCU00RP14.R50000] this notice are the sole responsibility of excavated three times under the the museum, institution, or Federal auspices of the University of Oklahoma Notice of Inventory Completion: Sam agency that has control of the Native and with the support of the Works Noble Oklahoma Museum of Natural American human remains and Progress Administration and the History, Norman, OK associated funerary objects. The Civilian Works Administration. Further AGENCY: National Park Service, Interior. National Park Service is not responsible excavations were conducted in 1948 as ACTION: Notice. for the determinations in this notice. a cooperative project between the University of Oklahoma, the SUMMARY: The Sam Noble Oklahoma Consultation Smithsonian River Basin Surveys, and Museum of Natural History at the A detailed assessment of the human the Tulsa District of the U.S., Corps of University of Oklahoma has completed remains was made by the Sam Noble Engineers before the construction of the an inventory of human remains and Oklahoma Museum of Natural History Fort Gibson Reservoir, which

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subsequently flooded most of the site. wood bodkins, and seven wood later as part of the death rite or The associated materials from the site fragments. ceremony. were turned over to the Museum after Diagnostic artifacts and radiocarbon • Pursuant to 25 U.S.C. 3001(2), a each excavation season. The human dates associated with the burials from relationship of shared group identity remains include the complete skeletons the Norman site indicate interment that can be reasonably traced between of two adult females, 20–35 years old; during the Mississippian Period, the Native American human remains one adult female, 35–50 years old; and specifically the local Harlan and and associated funerary objects and The one adult male, 20–35 years old. Partial Norman phases (A.D. 1100–1350). Tribes. skeletons include one infant, 1–3 years In 1975, human remains representing, Additional Requesters and Disposition old; three children, 2–12 years old; one at minimum, two individuals were removed from the Mathews site adolescent, 15–20 years old; one adult Lineal descendants or representatives (34Mi71) in McIntosh County, OK. The female over 20 years old; two adult of any Indian Tribe or Native Hawaiian human remains and associated funerary females, 20–35 years; four adult females, organization not identified in this notice objects were discovered eroding from that wish to request transfer of control 35–50 years old; three adults of the ground surface, and were collected of these human remains and associated indeterminate sex, one adult 20–35 by the Oklahoma Archeological Survey. funerary objects should submit a written years old and two adults 35–50 years All of the cultural materials were request with information in support of old; two adult males over 20 years old; subsequently transferred to the the request to Dr. Marc Levine, two adult males, 20–35 years old; six Museum. The human remains include Associate Curator of Archaeology, Sam adult males, 35–50 years old; one adult the fragmentary skeletons of two adults Noble Oklahoma Museum of Natural male over 50 years old; five adults of of indeterminate sex, 17–30 years old. History, University of Oklahoma, 2401 indeterminate sex, each over 20 years No known individuals were identified. Chautauqua Avenue, Norman, OK old. Fragmentary skeletons include one The four associated funerary objects are 73072–7029, telephone (405) 325–1994, adult female over 20 years old; two four faunal bone fragments. The email [email protected], by January 8, adult females, 20–35 years old; one Mathews site includes several pre- 2020. After that date, if no additional adult female, 35–50 years old; one adult contact components, from the Late requestors have come forward, transfer female over 50 years old; two adult Archaic Period (1500–300 B.C.) through of control of the human remains and males over 20 years old; two adult the Mississippian Period (A.D. 1000– associated funerary objects to The males, 20–35 years old; four adult 1500). The human remains and Tribes may proceed. males, 35–50 years old; eleven adults of associated funerary objects were indeterminate sex, each over 20 years probably interred during the latter The Sam Noble Oklahoma Museum of old; three adolescents, 12–20 years old; period. Natural History is responsible for ten children, 2–12 years old; and seven All of the human remains detailed in notifying The Tribes that this notice has infants, each less than 3 years old. The this notice were determined to be Native been published. human remains also include American based on their archeological Dated: October 24, 2019. commingled human remains of three context and collection history. Melanie O’Brien, individuals discovered among isolated Furthermore, all of the human remains Manager, National NAGPRA Program. finds and the partial skeleton of an adult and associated funerary objects were [FR Doc. 2019–26434 Filed 12–6–19; 8:45 am] most likely buried during the of indeterminate sex, over 20 years old. BILLING CODE 4312–52–P No known individuals were identified. Mississippian Period (A.D. 1000–1500). The 1,590 associated funerary objects Diagnostic artifacts from these sites (e.g., are three charcoal samples, 87 faunal ceramics, chipped stone, ground stone, bone fragments, nine chipped stone shell, ornaments) are consistent with INTERNATIONAL TRADE flakes, five stone bifaces, 32 stone cultural patterns in the Arkansas River COMMISSION projectile points, one stone scraper, two Valley. The archeological data, together with ethnohistoric data, ethnographic stone celts, 12 stone copper-covered ear [Investigation No. 337–TA–1167] spools, two decorated stone ear spools, data, and tribal oral histories, support one gray stone ear spool, one mano, one the finding that the human remains and Certain Laparoscopic Surgical stone pipe, one unmodified sandstone associated funerary objects in this notice Staplers, Reload Cartridges, and block, two stone abraders, six ochre can be culturally affiliated with the Components Thereof; Notice of samples, one stone effigy pipe, three Caddo Nation of Oklahoma and the Correction Concerning Commission unmodified rocks, one quartzite rock, Wichita and Affiliated Tribes (Wichita, Determination Not To Review an Initial Keechi, Waco & Tawakonie), Oklahoma. two copper bodkins (pins), one copper Determination Granting Complainants’ plate with raptor motif, one copper plate Determinations Made by the Sam Noble Unopposed Motion To Amend the fragment with cross and bird motif, one Oklahoma Museum of Natural History Complaint, Case Caption, and Notice clay bead, 80 decorated ceramic vessels, Officials of the Sam Noble Oklahoma of Investigation 311 ceramic decorated sherd fragments, Museum of Natural History have 18 undecorated ceramic vessels, three AGENCY: U.S. International Trade determined that: Commission. partially reconstructed undecorated • Pursuant to 25 U.S.C. 3001(9), the ceramic vessels with 19 associated human remains described in this notice ACTION: Correction of notice. sherds, 806 undecorated ceramic sherds, represent the physical remains of 102 one ceramic pipe, three green clay individuals of Native American SUMMARY: Correction is made to notice samples, seven clay samples, 12 ancestry. 84 FR 65174, which was published on unidentified fired clay fragments, 76 • Pursuant to 25 U.S.C. 3001(3)(A), November 26, 2019, to replace the seeds, 26 shell beads, one shell the 2,418 objects described in this investigation number listed as ‘‘337– ornament, 30 shell fragments, one notice are reasonably believed to have TA–1100’’ in the case caption, with sample of burial matrix, two textile been placed with or near individual ‘‘337–TA–1167.’’ fragments, six cedar wood beads, six human remains at the time of death or By order of the Commission.

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Issued: December 3, 2019. Chatsworth, CA 91311, Phone: (818) In addition, this notice lists the Lisa Barton, 717–6521. organizational unit(s) accumulating the Secretary to the Commission. records or states that the schedule has Calvin F. Williams, agency-wide applicability. It also [FR Doc. 2019–26462 Filed 12–6–19; 8:45 am] Assistant Administrator for Office of Strategic BILLING CODE 7020–02–P provides the control number assigned to Infrastructure. each schedule, which you will need if [FR Doc. 2019–26398 Filed 12–6–19; 8:45 am] you submit comments on that schedule. BILLING CODE 7510–13–P We have uploaded the records NATIONAL AERONAUTICS AND schedules and accompanying appraisal SPACE ADMINISTRATION memoranda to the regulations.gov NATIONAL ARCHIVES AND RECORDS docket for this notice as ‘‘other’’ ADMINISTRATION documents. Each records schedule [Notice: (19–080)] [NARA–19–0017; NARA–2020–011] contains a full description of the records Extension of Comment Period for Draft at the file unit level as well as their Supplemental Environmental Impact Records Schedules; Availability and proposed disposition. The appraisal Statement (SEIS) for Soil Cleanup Request for Comments memorandum for the schedule includes Activities at the Santa Susana Field information about the records. AGENCY: National Archives and Records Laboratory (SSFL) We will post comments, including Administration (NARA). any personal information and AGENCY: National Aeronautics and ACTION: Notice of availability of attachments, to the public docket Space Administration (NASA). proposed records schedules; request for unchanged. Because comments are comments. public, you are responsible for ensuring ACTION: Thirty (30) day comment period that you do not include any confidential extension for the SSFL SEIS. SUMMARY: The National Archives and or other information that you or a third Records Administration (NARA) SUMMARY: party may not wish to be publicly Notice of Availability (NOA) publishes notice of certain Federal of the Draft Supplemental posted. If you want to submit a agency requests for records disposition comment with confidential information Environmental Impact Statement (SEIS) authority (records schedules). We for Soil Cleanup Activities at the Santa or cannot otherwise use the publish notice in the Federal Register regulations.gov portal, you may contact Susana Field Laboratory (SSFL) was and on regulations.gov for records published in the Federal Register by the [email protected] for schedules in which agencies propose to instructions on submitting your U.S. Environmental Protection Agency dispose of records they no longer need (EPA) on October 25, 2019, (Document comment. to conduct agency business. We invite We will consider all comments Number 2019–23364, pages 57490– public comments on such records submitted by the posted deadline and 57491). The forty-five (45) day comment schedules. consult as needed with the Federal period is extended for thirty (30) days. DATES: NARA must receive comments agency seeking the disposition DATES: Interested parties are encouraged by January 23, 2020. authority. After considering comments, to submit comments on environmental we will post on regulations.gov a ADDRESSES: You may submit comments issues and concerns related to the Draft ‘‘Consolidated Reply’’ summarizing the by either of the following methods. You SEIS, via email or traditional mail, on or comments, responding to them, and must cite the control number, which before January 8, 2020. This is a thirty noting any changes we have made to the appears on the records schedule in (30) calendar day extension from the proposed records schedule. We will parentheses after the name of the agency original public comment end date. then send the schedule for final that submitted the schedule. approval by the Archivist of the United ADDRESSES: Comments may be • Federal eRulemaking Portal: http:// States. You may elect at regulations.gov submitted via email to msfc-ssfl-eis@ www.regulations.gov. to receive updates on the docket, mail.nasa.gov or by mail to Peter Zorba, • Mail: Records Appraisal and including an alert when we post the SSFL Project Director, 5800 Woolsey Agency Assistance (ACR); National Consolidated Reply, whether or not you Canyon Road, Canoga, Park, CA 91304. Archives and Records Administration; submit a comment. If you have a SUPPLEMENTARY INFORMATION: The Draft 8601 Adelphi Road; College Park, MD question, you can submit it as a SEIS is available electronically for 20740–6001 public review and comment at https:// comment, and can also submit any FOR FURTHER INFORMATION CONTACT: concerns or comments you would have www.nasa.gov/feature/environmental- Records Management Operations by impact-statement-eis-for-demolition- to a possible response to the question. email at [email protected], by We will address these items in and-environmental-cleanup-activities mail at the address above, or by phone and at the following public libraries. consolidated replies along with any at 301–837–1799. other comments submitted on that 1. Simi Valley Library, 2969 Tapo SUPPLEMENTARY INFORMATION: schedule. Canyon Road, Simi Valley, CA 93063, Public Comment Procedures We will post schedules on our Phone: (805) 526–1735. website in the Records Control Schedule 2. Platt Library, 23600 Victory Blvd., We are publishing notice of records (RCS) Repository, at https:// Woodland Hills, CA 91367, Phone: (818) schedules in which agencies propose to www.archives.gov/records-mgmt/rcs, 340–9386. dispose of records they no longer need after the Archivist approves them. The 3. California State University, to conduct agency business. We invite RCS contains all schedules approved Northridge Oviatt Library, 18111 public comments on these records since 1973. Nordhoff Street, 2nd Floor, Room 265, schedules, as required by 44 U.S.C. Northridge, CA 91330, Phone: (818) 3303a(a), and list the schedules at the Background 677–2285. end of this notice by agency and Each year, Federal agencies create 4. Department of Toxic Substances subdivision requesting disposition billions of records. To control this Control, 9211 Oakdale Avenue, authority. accumulation, agency records managers

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prepare schedules proposing retention NATIONAL CREDIT UNION information on those who are to periods for records and submit these ADMINISTRATION respond, including through the use of schedules for NARA’s approval. Once appropriate automated, electronic, approved by NARA, records schedules Sunshine Act: Notice of Agency mechanical, or other technological provide mandatory instructions on what Meeting collection techniques or other forms of happens to records when no longer information technology. TIME AND DATE: 10:00 a.m., Thursday, needed for current Government December 12, 2019 DATES: Written comments on this notice business. The records schedules must be received by February 7, 2020 to PLACE: Board Room, 7th Floor, Room authorize agencies to preserve records of be assured consideration. Comments 7047, 1775 Duke Street (All visitors received after that date will be continuing value in the National must use Diagonal Road Entrance), considered to the extent practicable. Archives or to destroy, after a specified Alexandria, VA 22314–3428. period, records lacking continuing Send comments to address below. STATUS: Open. administrative, legal, research, or other FOR FURTHER INFORMATION CONTACT: MATTERS TO BE CONSIDERED: value. Some schedules are Suzanne H. Plimpton, Reports Clearance 1. NCUA’s 2020–2021 Budget. comprehensive and cover all the records Officer, National Science Foundation, 2. NCUA’s Rules and Regulations, 2415 Eisenhower Avenue, Suite of an agency or one of its major Risk-Based Capital. subdivisions. Most schedules, however, 3. 2020 Share Insurance Fund Normal W18200, Alexandria, Virginia 22314; cover records of only one office or Operating Level. telephone (703) 292–7556; or send email to [email protected]. Individuals who program or a few series of records. Many CONTACT PERSON FOR MORE INFORMATION: of these update previously approved use a telecommunications device for the Gerard Poliquin, Secretary of the Board, deaf (TDD) may call the Federal schedules, and some include records Telephone: 703–518–6304. proposed as permanent. Information Relay Service (FIRS) at 1– Gerard Poliquin, 800–877–8339, which is accessible 24 Agencies may not destroy Federal Secretary of the Board. hours a day, 7 days a week, 365 days a records without the approval of the year (including Federal holidays). Archivist of the United States. The [FR Doc. 2019–26568 Filed 12–5–19; 4:15 pm] SUPPLEMENTARY INFORMATION: Archivist grants this approval only after BILLING CODE 7535–01–P thorough consideration of the records’ Title of Collection: Awardee Reporting Requirements for the Established administrative use by the agency of Program to Stimulate Competitive origin, the rights of the Government and NATIONAL SCIENCE FOUNDATION Research (EPSCoR) Research of private people directly affected by the Agency Information Collection Infrastructure Improvement Programs. Government’s activities, and whether or Activities: Comment Request; Awardee OMB Number: 3145–0243. not the records have historical or other Reporting Requirements for the Expiration Date of Approval: January value. Public review and comment on Established Program To Stimulate 31, 2020. these records schedules is part of the Competitive Research (EPSCoR) Type of Request: Intent to seek Archivist’s consideration process. Research Infrastructure Improvement approval to renew an information Schedules Pending Programs collection. AGENCY: National Science Foundation. Proposed Project: The mission of the 1. Department of Agriculture, Rural ACTION: Notice. National Science Foundation (NSF) is to Development Agency, Audits and promote the progress of science; to Investigations (DAA–0572–2019–0001). SUMMARY: The National Science advance the national health, welfare, 2. Department of Health and Human Foundation (NSF) is announcing plans and prosperity; and to secure the Services, National Institutes of Health, to renew this collection. In accordance national defense, while avoiding the Management Support Records (DAA– with the requirements of the Paperwork undue concentration of research and 0443–2019–0005). Reduction Act of 1995, we are providing education. In 1977, in response to opportunity for public comment on this congressional concern that NSF funding 3. Department of Health and Human action. After obtaining and considering was overly concentrated geographically, Services, Office of the Assistant public comment, NSF will prepare the a National Science Board task force Secretary for Health, Commissioned submission requesting Office of analyzed the geographic distribution of Corps Officers Records (DAA–0514– Management and Budget (OMB) NSF funds, which resulted in the 2018–0001). clearance of this collection for no longer creation of an NSF Experimental 4. Department of Homeland Security, than 3 years. Program to Stimulate Competitive Transportation Security Administration, Comments: Comments are invited on Research (EPSCoR). The American Program Management Files (DAA– (a) whether the proposed collection of Innovation and Competitiveness Act 0560–2019–0001). information is necessary for the proper (Pub. L. 114–329, Sec 103 D) effectively performance of the functions of the changed the program’s name from 5. Department of Justice, Office of Agency, including whether the ‘‘Experimental’’ to ‘‘Established’’ in FY Policy and Legislation, Policy and information shall have practical utility; 2016. Congress specified two objectives Legislation Records (DAA–0060–2018– (b) the accuracy of the Agency’s for the EPSCoR program in the National 0005). estimate of the burden of the proposed Science Foundation Authorization Act Laurence Brewer, collection of information; (c) ways to of 1988: (1) To assist States that Chief Records Officer for the U.S. enhance the quality, utility, and clarity historically have received relatively Government. of the information on respondents, little Federal research and development including through the use of automated funding; and (2) to assist States that [FR Doc. 2019–26410 Filed 12–6–19; 8:45 am] collection techniques or other forms of have demonstrated a commitment to BILLING CODE 7515–01–P information technology; and (d) ways to develop their research bases and minimize the burden of the collection of improve science and engineering

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research and education programs at strategies, if any, for submission NATIONAL SCIENCE FOUNDATION their universities and colleges. annually to NSF. These indicators are The EPSCoR Research Infrastructure both quantitative and descriptive and Sunshine Act Meeting; National Improvement (RII) Investment Strategies may include, for example, the Science Board advance science and engineering characteristics of project personnel and The National Science Board’s External capabilities in EPSCoR jurisdictions for students; aggregate demographics of Engagement Committee’s Subcommittee discovery, innovation and overall participants; sources of financial on Honorary Awards, pursuant to NSF knowledge-based prosperity. These support and in-kind support; regulations (45 CFR part 614), the projects build human, cyber, and expenditures by operational component; National Science Foundation Act, as physical infrastructure in EPSCoR characteristics of industrial and/or other amended (42 U.S.C. 1862n-5), and the jurisdictions, stimulating sustainable Government in the Sunshine Act (5 improvements in their Research & sector participation; research activities; U.S.C. 552b), hereby gives notice of the Development (R&D) capacity and workforce development activities; scheduling of a teleconference for the competitiveness. external engagement activities; patents EPSCoR projects are unique in their and patent licenses; publications; transaction of National Science Board scope and complexity; in their degrees granted to students involved in business, as follows: integration of individual researchers, project activities; and descriptions of TIME AND DATE: December 12, 2019, from institutions, and organizations; and in significant advances and other outcomes 10:30–11:30 a.m. EST. their role in developing the diverse, of the EPSCoR project’s efforts. Part of PLACE: This meeting will be held by well-prepared, STEM-enabled workforce this reporting takes the form of several teleconference at the National Science necessary to sustain research spreadsheets to capture specific Foundation, 2415 Eisenhower Ave., competitiveness and catalyze economic information to demonstrate progress Alexandria, VA 22314. development. In addition, these projects towards achieving the goals of the STATUS: Closed. are generally inter- or multi-disciplinary program. Such reporting requirements MATTERS TO BE CONSIDERED: (1) and involve effective jurisdictional and are included in the cooperative Subcommittee Chair’s opening remarks; regional collaborations among agreement which is binding between the (2) Review and discuss candidates for academic, government, and private awardee institution and NSF. the 2020 National Science Board sector stakeholders that advance Vannevar Bush Award; and Each project’s annual report addresses scientific research, promote innovation, Subcommittee Chair’s closing remarks. the following categories of activities: (1) and provide multiple societal benefits. CONTACT PERSON FOR MORE INFORMATION: Research, (2) education, (3) workforce They also broaden participation in Point of contact for this meeting is: development, (4) partnerships and science and engineering by engaging Faith Hixson, 2415 Eisenhower Ave., multiple institutions and organizations collaborations, (5) communication and Alexandria, VA 22314, [email protected], at all levels of research and education, dissemination, (6) sustainability, (7) (703) 292–7000. Meeting information and people within and among EPSCoR diversity, (8) management, and (9) and updates may be found at http:// jurisdictions. These projects usually evaluation and assessment. www.nsf.gov/nsb/meetings/ involve between 100 to 300 participants For each of the categories the report notices.jsp#sunshine. Please refer to the per year over the performance period, is required to describe overall objectives National Science Board website and the projects reach thousands more for the year; specific accomplishments, www.nsf.gov/nsb for general through their extensive STEM outreach information. activities. The American Innovation and impacts, outputs and outcomes; Competitiveness Act of 2016, Section problems or challenges the project has Chris Blair, 103 (Pub. L. 114–329) requires NSF encountered in making progress towards Executive Assistant to the NSB Office. EPSCoR to submit annual reports to goals; and anticipated problems in [FR Doc. 2019–26606 Filed 12–5–19; 4:15 pm] performance during the following year. both Congress and OSTP that contain BILLING CODE 7555–01–P data detailing project progress and Use of the Information: NSF will use success (new investigators, broadening the information to continue its oversight participation, dissemination of results, of funded EPSCoR RII projects, and to NUCLEAR REGULATORY new workshops, outreach activities, evaluate the progress of the program. COMMISSION proposals submitted and awarded, mentoring activities among faculty The change would facilitate reporting [NRC–2019–0125] members, collaborations, researcher better aligned with program goals and Information Collection: Suspicious participating on the review process, provides data as legislatively required etc.). for NSF EPSCoR. Activity Reporting Using the Protected Web Server EPSCoR RII Track-1 and Track-2 Estimate of Burden: 100 hours per projects are required to submit annual project for twenty-eight projects for a AGENCY: Nuclear Regulatory reports on progress and plans, which are total of 2,800 hours. Commission. used as a basis for performance review Respondents: Non-profit institutions; ACTION: Renewal of existing information and determining the level of continued collection; request for comment. funding. To support this review and the federal government. management of EPSCoR RII projects, Estimated Number of Responses per SUMMARY: The U.S. Nuclear Regulatory teams are required to develop a set of Report: One. Commission (NRC) invites public performance indicators for building Dated: December 4, 2019. comment on the renewal of Office of sustainable infrastructure and capacity Management and Budget (OMB) in terms of a strategic plan for the Suzanne H. Plimpton, approval for an existing collection of project; measure performance and revise Reports Clearance Officer, National Science information. The information collection strategies as appropriate; report on the Foundation. is entitled, ‘‘Suspicious Activity progress relative to the project’s goals [FR Doc. 2019–26443 Filed 12–6–19; 8:45 am] Reporting Using the Protected Web and milestones; and describe changes in BILLING CODE 7555–01–P Server.’’

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DATES: Submit comments by February 7, the NRC’s PDR, Room O1–F21, One 8. The estimated number of annual 2020. Comments received after this date White Flint North, 11555 Rockville respondents: 62. will be considered if it is practical to do Pike, Rockville, Maryland 20852. 9. The estimated number of hours so, but the Commission is able to ensure needed annually to comply with the B. Submitting Comments consideration only for comments information collection requirement or received on or before this date. Please include Docket ID NRC–2019– request: 248. ADDRESSES: You may submit comments 0125 in your comment submission. 10. Abstract: NRC licensees by any of the following methods: The NRC cautions you not to include voluntarily report information on • Federal Rulemaking Website: Go to identifying or contact information that suspicious incidents on an ad-hoc basis, https://www.regulations.gov and search you do not want to be publicly as these incidents occur. This for Docket ID NRC–2019–0125. Address disclosed in your comment submission. information is shared with authorized questions about NRC dockets IDs in The NRC will post all comment nuclear industry officials and Federal, Regulations.gov to Jennifer Borges; submissions at https:// State, and local government agencies telephone: 301–287–9127; email: www.regulations.gov as well as enter the using PWS. Information provided by [email protected]. For technical comment submissions into ADAMS. licensees is considered OFFICIAL USE questions, contact the individual(s) The NRC does not routinely edit ONLY and is not made public. listed in the FOR FURTHER INFORMATION comment submissions to remove III. Specific Requests for Comments CONTACT section of this document. identifying or contact information. • Mail comments to: Office of If you are requesting or aggregating The NRC is seeking comments that Administration, Mail Stop: TWFN–7– comments from other persons for address the following questions: A60M, U.S. Nuclear Regulatory submission to the NRC, then you should 1. Is the proposed collection of Commission, Washington, DC 20555– inform those persons not to include information necessary for the NRC to 0001, ATTN: Program Management, identifying or contact information that properly perform its functions? Does the Announcements and Editing Staff. they do not want to be publicly information have practical utility? For additional direction on obtaining disclosed in their comment submission. 2. Is the estimate of the burden of the information and submitting comments, Your request should state that the NRC information collection accurate? see ‘‘Obtaining Information and does not routinely edit comment 3. Is there a way to enhance the Submitting Comments’’ in the submissions to remove such information quality, utility, and clarity of the SUPPLEMENTARY INFORMATION section of before making the comment information to be collected? this document. submissions available to the public or 4. How can the burden of the FOR FURTHER INFORMATION CONTACT: entering the comment into ADAMS. information collection on respondents David Cullison, Office of the Chief be minimized, including the use of Information Officer, U.S. Nuclear II. Background automated collection techniques or Regulatory Commission, Washington, In accordance with the Paperwork other forms of information technology? DC 20555–0001; telephone: 301–415– Reduction Act of 1995 (44 U.S.C. Dated at Rockville, Maryland, this 4th day 2084; email: Infocollects.Resource@ Chapter 35), the NRC is requesting of December 2019. nrc.gov. public comment on its intention to For the Nuclear Regulatory Commission. SUPPLEMENTARY INFORMATION: request the OMB’s approval for the David C. Cullison, information collection summarized I. Obtaining Information and NRC Clearance Officer, Office of the Chief below. Information Officer. Submitting Comments 1. The title of the information [FR Doc. 2019–26469 Filed 12–6–19; 8:45 am] collection: Suspicious Activity A. Obtaining Information BILLING CODE 7590–01–P Please refer to Docket ID NRC–2019– Reporting Using the Protective Web 0125 when contacting the NRC about Server. the availability of information for this 2. OMB approval number: 3150–0219. NUCLEAR REGULATORY action. You may obtain publicly- 3. Type of submission: Extension. COMMISSION 4. The form number, if applicable: available information related to this [NRC–2019–0226] action by any of the following methods: N/A. • 5. How often the collection is required Federal Rulemaking Website: Go to Agency Action Regarding the or requested: On occasion. Reporting is https://www.regulations.gov and search Exploratory Process for the done on a voluntary basis, as suspicious for Docket ID NRC–2019–0125. Development of an Advanced Nuclear • incidents occur. NRC’s Agencywide Documents Reactor; Generic Environmental 6. Who will be required or asked to Access and Management System Impact Statement (ADAMS): You may obtain publicly- respond: Nuclear power reactor available documents online in the licensees provide the majority of AGENCY: Nuclear Regulatory ADAMS Public Documents collection at reports, but other entities that may Commission. https://www.nrc.gov/reading-rm/ voluntarily send reports include fuel ACTION: Gather information that would adams.html. To begin the search, select facilities, independent spent fuel storage be used to determine whether to prepare ‘‘Begin Web-based ADAMS Search.’’ For installations, decommissioned power a generic environmental impact problems with ADAMS, please contact reactors, power reactors under statement for the construction and the NRC’s Public Document Room (PDR) construction, research and test reactors, operation of advanced nuclear reactors; reference staff at 1–800–397–4209, 301– agreement states, non-agreement states, extension of comment period. 415–4737, or by email to pdr.resource@ as well as users of byproduct material nrc.gov. The supporting statement is (e.g. departments of health, medical SUMMARY: On November 15, 2019 and available in ADAMS under Accession centers, steel mills, well loggers, and November 20, 2019, the U.S. Nuclear No. ML19242C053. radiographers.) Regulatory Commission (NRC) held • NRC’s PDR: You may examine and 7. The estimated number of annual public meetings and solicited comments purchase copies of public documents at responses: 124. on the exploratory process to determine

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whether to proceed with the I. Obtaining Information and impact statement for the construction development of generic environmental Submitting Comments and operation of advanced nuclear reactors (ANR GEIS). The intent of an impact statement for the construction A. Obtaining Information and operation of advanced nuclear ANR GEIS is to improve the efficiency reactors (ANR GEIS). The public Please refer to Docket ID NRC–2019– of the environmental review process. comment period was originally 0226 when contacting the NRC about The public comment period was scheduled to close on December 31, the availability of information for this originally scheduled to close on 2019. The NRC has decided to extend action. You may obtain publicly- December 31, 2019. The NRC has the public comment period to allow available information related to this decided to extend the public comment more time for members of the public to action by any of the following methods: period on this process until January 24, • Federal Rulemaking Website: Go to develop and submit their comments. 2019, to allow more time for members https://www.regulations.gov and search The NRC originally planned to hold a of the public to submit their comments. for Docket ID NRC–2019–0226. The NRC is also rescheduling the workshop on the exploratory process in • NRC’s Agencywide Documents workshop on the exploratory process December 2019. The workshop has been Access and Management System rescheduled for January 8, 2020. The from December 2019 to January 8, 2020. (ADAMS): You may obtain publicly- The meeting information will be posted meeting information will be posted on available documents online in the the NRC’s public website. on the NRC’s public website at https:// ADAMS Public Documents collection at www.nrc.gov/pmns/mtg. DATES: The due date of comments https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select Dated at Rockville, Maryland, this 4th day requested in the document published on of December 2019. November 15, 2019 (84 FR 62599) is ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact For the Nuclear Regulatory Commission. extended. Comments should be filed no Joseph P. Doub, later than January 24, 2019. Comments the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– Acting Chief, Environmental Review New received after this date will be Reactors Branch, Division of Rulemaking, considered, if it is practical to do so, but 415–4737, or by email to pdr.resource@ nrc.gov. The original notice was issued Environmental, and Financial Support, Office the Commission is able to ensure of Nuclear Material Safety and Safeguards. consideration only for comments on November 15, 2019 and is available in ADAMS under Accession No. [FR Doc. 2019–26442 Filed 12–6–19; 8:45 am] received on or before this date. BILLING CODE 7590–01–P Workshop date rescheduled for January ML19302G126. • NRC’s PDR: You may examine and 8, 2020. purchase copies of public documents at ADDRESSES: You may submit comments the NRC’s PDR, Room O1–F21, One POSTAL REGULATORY COMMISSION by any of the following methods: White Flint North, 11555 Rockville [Docket Nos. MC2020–44 and CP2020–42] • Federal Rulemaking Website: Go to Pike, Rockville, Maryland 20852. New Postal Product https://www.regulations.gov and search B. Submitting Comments for Docket ID NRC–2019–0226. Address Please include Docket ID NRC–2019– AGENCY: Postal Regulatory Commission. questions about NRC dockets IDs in 0226 in your comment submission. ACTION: Notice. Regulations.gov to Jennifer Borges; The NRC cautions you not to include SUMMARY: The Commission is noticing a telephone: 301–287–9127; email: identifying or contact information that recent Postal Service filing for the [email protected]. For technical you do not want to be publicly Commission’s consideration concerning questions, contact the individual(s) disclosed in your comment submission. a negotiated service agreement. This listed in the FOR FURTHER INFORMATION The NRC will post all comment notice informs the public of the filing, CONTACT section of this document. submissions at https:// invites public comment, and takes other • Mail comments to: Office of www.regulations.gov as well as enter the administrative steps. Administration, Mail Stop: TWFN–7– comment submissions into ADAMS. DATES: A60M, U.S. Nuclear Regulatory The NRC does not routinely edit Comments are due: December 11, 2019. Commission, Washington, DC 20555– comment submissions to remove 0001, ATTN: Program Management, identifying or contact information. ADDRESSES: Submit comments Announcements and Editing Staff. If you are requesting or aggregating electronically via the Commission’s comments from other persons for Filing Online system at http:// For additional direction on obtaining submission to the NRC, then you should www.prc.gov. Those who cannot submit information and submitting comments, inform those persons not to include comments electronically should contact see ‘‘Obtaining Information and identifying or contact information that the person identified in the FOR FURTHER Submitting Comments’’ in the they do not want to be publicly INFORMATION CONTACT section by SUPPLEMENTARY INFORMATION section of disclosed in their comment submission. telephone for advice on filing this document. Your request should state that the NRC alternatives. FOR FURTHER INFORMATION CONTACT: Jack does not routinely edit comment FOR FURTHER INFORMATION CONTACT: Cushing, Office of Nuclear Material submissions to remove such information David A. Trissell, General Counsel, at Safety and Safeguards, telephone: 301– before making the comment 202–789–6820. 415–1424, email: [email protected] submissions available to the public or SUPPLEMENTARY INFORMATION: or Mallecia Sutton, Office of Nuclear entering the comment into ADAMS. Table of Contents Reactor Regulation, telephone: 301– II. Discussion 415–0673, email: Mallecia.Sutton@ I. Introduction nrc.gov. Both are staff of the U.S. On November 15, 2019 (84 FR 62599), II. Docketed Proceeding(s) the NRC solicited comments on the Nuclear Regulatory Commission, exploratory process to determine I. Introduction Washington, DC 20555–0001. whether to proceed with the The Commission gives notice that the SUPPLEMENTARY INFORMATION: development of generic environmental Postal Service filed request(s) for the

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Commission to consider matters related This Notice will be published in the establishes comment deadline(s) to negotiated service agreement(s). The Federal Register. pertaining to each request. request(s) may propose the addition or The public portions of the Postal Darcie S. Tokioka, removal of a negotiated service Service’s request(s) can be accessed via agreement from the market dominant or Acting Secretary. the Commission’s website (http:// the competitive product list, or the [FR Doc. 2019–26439 Filed 12–6–19; 8:45 am] www.prc.gov). Non-public portions of modification of an existing product BILLING CODE 7710–FW–P the Postal Service’s request(s), if any, currently appearing on the market can be accessed through compliance dominant or the competitive product with the requirements of 39 CFR POSTAL REGULATORY COMMISSION list. 3007.301.1 The Commission invites comments on Section II identifies the docket [Docket Nos. MC2020–43 and CP2020–41] whether the Postal Service’s request(s) number(s) associated with each Postal New Postal Product in the captioned docket(s) are consistent Service request, the title of each Postal with the policies of title 39. For Service request, the request’s acceptance AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states date, and the authority cited by the ACTION: Notice. concern market dominant product(s), Postal Service for each request. For each applicable statutory and regulatory request, the Commission appoints an SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 officer of the Commission to represent recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 the interests of the general public in the Commission’s consideration concerning CFR part 3020, subpart B. For request(s) proceeding, pursuant to 39 U.S.C. 505 a negotiated service agreement. This that the Postal Service states concern (Public Representative). Section II also notice informs the public of the filing, competitive product(s), applicable establishes comment deadline(s) invites public comment, and takes other statutory and regulatory requirements pertaining to each request. administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, The public portions of the Postal DATES: Comments are due: December 39 U.S.C. 3642, 39 CFR part 3015, and Service’s request(s) can be accessed via 10, 2019. 39 CFR part 3020, subpart B. Comment the Commission’s website (http:// ADDRESSES: Submit comments deadline(s) for each request appear in www.prc.gov). Non-public portions of electronically via the Commission’s section II. the Postal Service’s request(s), if any, Filing Online system at http:// II. Docketed Proceeding(s) can be accessed through compliance www.prc.gov. Those who cannot submit with the requirements of 39 CFR comments electronically should contact 1. Docket No(s).: MC2020–43 and 3007.301.1 the person identified in the FOR FURTHER CP2020–41; Filing Title: USPS Request to Add Priority Mail Contract 567 to The Commission invites comments on INFORMATION CONTACT section by Competitive Product List and Notice of whether the Postal Service’s request(s) telephone for advice on filing Filing Materials Under Seal; Filing in the captioned docket(s) are consistent alternatives. Acceptance Date: December 2, 2019; with the policies of title 39. For FOR FURTHER INFORMATION CONTACT: Filing Authority: 39 U.S.C. 3642, 39 CFR request(s) that the Postal Service states David A. Trissell, General Counsel, at 3020.30 et seq., and 39 CFR 3015.5; concern market dominant product(s), 202–789–6820. Public Representative: Kenneth R. applicable statutory and regulatory SUPPLEMENTARY INFORMATION: Moeller; Comments Due: December 10, requirements include 39 U.S.C. 3622, 39 Table of Contents 2019. U.S.C. 3642, 39 CFR part 3010, and 39 This Notice will be published in the CFR part 3020, subpart B. For request(s) I. Introduction Federal Register. that the Postal Service states concern II. Docketed Proceeding(s) competitive product(s), applicable Darcie S. Tokioka, I. Introduction statutory and regulatory requirements Acting Secretary. include 39 U.S.C. 3632, 39 U.S.C. 3633, The Commission gives notice that the [FR Doc. 2019–26390 Filed 12–6–19; 8:45 am] 39 U.S.C. 3642, 39 CFR part 3015, and Postal Service filed request(s) for the BILLING CODE 7710–FW–P 39 CFR part 3020, subpart B. Comment Commission to consider matters related deadline(s) for each request appear in to negotiated service agreement(s). The section II. request(s) may propose the addition or POSTAL SERVICE removal of a negotiated service II. Docketed Proceeding(s) agreement from the market dominant or Product Change—Priority Mail Express the competitive product list, or the 1. Docket No(s).: MC2020–44 and Negotiated Service Agreement modification of an existing product CP2020–42; Filing Title: USPS Request TM currently appearing on the market AGENCY: Postal Service . to Add Priority Mail Express Contract dominant or the competitive product ACTION: Notice. 79 to Competitive Product List and list. Notice of Filing Materials Under Seal; Section II identifies the docket SUMMARY: The Postal Service gives Filing Acceptance Date: December 3, number(s) associated with each Postal notice of filing a request with the Postal 2019; Filing Authority: 39 U.S.C. 3642, Service request, the title of each Postal Regulatory Commission to add a 39 CFR 3020.30 et seq., and 39 CFR Service request, the request’s acceptance domestic shipping services contract to 3015.5; Public Representative: Kenneth date, and the authority cited by the the list of Negotiated Service R. Moeller; Comments Due: December Postal Service for each request. For each Agreements in the Mail Classification 11, 2019. request, the Commission appoints an Schedule’s Competitive Products List. officer of the Commission to represent 1 See Docket No. RM2018–3, Order Adopting 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, the interests of the general public in the Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. proceeding, pursuant to 39 U.S.C. 505 June 27, 2018, Attachment A at 19–22 (Order No. 4679). (Public Representative). Section II also 4679).

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DATES: Date of required notice: Actuary of the U. S. Railroad Retirement I. Self-Regulatory Organization’s December 9, 2019. Board, 844 North Rush Street, Chicago, Statement of the Terms of Substance of FOR FURTHER INFORMATION CONTACT: Illinois, on the conduct of the 28th the Proposed Rule Change Sean Robinson, 202–268–8405. Actuarial Valuation of the Railroad Pursuant to the provisions of Section SUPPLEMENTARY INFORMATION: The Retirement System. The agenda for this 19(b)(1) under the Act,4 and Rule 19b– United States Postal Service® hereby meeting will include a discussion of the 4 thereunder,5 IEX is filing with the gives notice that, pursuant to 39 U.S.C. assumptions to be used in the 28th Commission a proposed rule change to 3642 and 3632(b)(3), on December 3, Actuarial Valuation. A report containing amend Rule 11.380 to offer an optional 2019, it filed with the Postal Regulatory recommended assumptions and the net notional exposure risk check to Commission a USPS Request to Add experience on which the Members and their clearing firms as part Priority Mail Express Contract 79 to recommendations are based will have of the Exchange’s Aggregate Risk Competitive Product List. Documents been sent by the Chief Actuary to the Controls mechanism. The Exchange has are available at www.prc.gov, Docket Committee before the meeting. designated this rule change as non- Nos. MC2020–44, CP2020–42. The meeting will be open to the controversial under Section 19(b)(3)(A) public. Persons wishing to submit 6 Sean Robinson, of the Act and provided the written statements or make oral Commission with the notice required by Attorney, Corporate and Postal Business Law. presentations should address their Rule 19b–4(f)(6)(iii) thereunder.7 [FR Doc. 2019–26416 Filed 12–6–19; 8:45 am] communications or notices to the RRB The text of the proposed rule change BILLING CODE 7710–12–P Actuarial Advisory Committee, c/o is available at the Exchange’s website at Chief Actuary, U. S. Railroad Retirement www.iextrading.com, at the principal Board, 844 North Rush Street, Chicago, office of the Exchange, and at the RAILROAD RETIREMENT BOARD Illinois 60611–2092. Commission’s Public Reference Room. Sunshine Act Meetings Dated: December 3, 2019. II. Self-Regulatory Organization’s Stephanie Hillyard, Statement of the Purpose of, and the TIME AND DATE: 10:00 a.m., December 18, Secretary to the Board. Statutory Basis for, the Proposed Rule 2019. [FR Doc. 2019–26388 Filed 12–6–19; 8:45 am] Change PLACE: 8th Floor Board Conference BILLING CODE 7905–01–P In its filing with the Commission, the Room, 844 North Rush Street, Chicago, self-regulatory organization included Illinois, 60611. statements concerning the purpose of STATUS: The initial part of this meeting and basis for the proposed rule change will be open to the public. The rest of SECURITIES AND EXCHANGE and discussed any comments it received the meeting will be closed to the public. COMMISSION on the proposed rule change. The text MATTERS TO BE CONSIDERED: of these statement may be examined at Portions Open to the Public [Release No. 34–87647; File No. SR–IEX– the places specified in Item IV below. 2019–13] The self-regulatory organization has 1. Update from the SCOTUS Working prepared summaries, set forth in Group Self-Regulatory Organizations: Sections A, B, and C below, of the most 2. Discussion of Disability Investors Exchange LLC; Notice of significant aspects of such statements. Determinations and Procedures Filing and Immediate Effectiveness of 3. Oversight of the National Railroad Proposed Rule Change To Amend Rule A. Self-Regulatory Organization’s Retirement Investment Trust 11.380 To Expand the Exchange’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Portions Closed to the Public Optional Aggregate Risk Controls Mechanism To Include a Net Notional Change 4. Senior Executive Service Performance Exposure Risk Check in Addition to 1. Purpose Evaluations the Gross Notional Exposure Risk The Exchange proposes to amend CONTACT PERSON FOR MORE INFORMATION: Check Stephanie Hillyard, Secretary to the Rule 11.380 to offer an optional net Board, Phone No. 312–751–4920. December 3, 2019. notional exposure risk check to 1 Members and their clearing firms as part Authority: 5 U.S.C. 552b. Pursuant to Section 19(b)(1) of the of the Exchange’s Aggregate Risk Dated: December 5, 2019. Securities Exchange Act of 1934 2 3 Controls (‘‘ARC’’) mechanism. Rule Stephanie Hillyard, (‘‘Act’’) and Rule 19b–4 thereunder, 11.380, entitled Risk Management, notice is hereby given that, on Secretary to the Board. describes the Exchange’s current November 27, 2019, the Investors [FR Doc. 2019–26613 Filed 12–5–19; 4:15 pm] optional ARC mechanism that is Exchange LLC (‘‘IEX’’ or the 8 BILLING CODE 7905–01–P designed to assist IEX Members and ‘‘Exchange’’) filed with the Securities their clearing firms in their risk and Exchange Commission management efforts. IEX does not charge (‘‘Commission’’) the proposed rule RAILROAD RETIREMENT BOARD a fee for use of the ARC mechanism. As change as described in Items I and II described in the rule, the ARC Actuarial Advisory Committee With below, which Items have been prepared mechanism currently can be configured Respect to the Railroad Retirement by the self-regulatory organization. The to provide trading limits based on the Account; Notice of Public Meeting Commission is publishing this notice to gross notional exposure for matched and solicit comments on the proposed rule Notice is hereby given in accordance change from interested persons. 4 15 U.S.C. 78s(b)(1). with Public Law 92–463 that the 5 17 CFR 240.19b–4. Actuarial Advisory Committee will hold 1 15 U.S.C. 78s(b)(1). 6 15 U.S.C. 78s(b)(3)(A). a meeting on December 20, 2019, at 2 15 U.S.C. 78a. 7 17 CFR 240.19b–4(f)(6)(iii). 10:00 a.m. at the office of the Chief 3 17 CFR 240.19b–4. 8 See Rule 1.160(s).

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routed trades for a Member or clearing trades (i.e., equal to the value of trade, to remove impediments to and firm’s broker correspondent across executed buys minus the absolute value perfect the mechanism of a free and MPIDs, by MPID, by FIX session or in of executed long sells minus the open market and a national market combination, per clearing firm absolute value of executed short sells). system, and, in general, to protect relationship or Member, as applicable Netting will be calculated across all investors and the public interest by (‘‘Gross Notional Exposure’’). Once the symbols. And, as with Gross Notional enhancing the risk management Gross Notional Exposure, as elected and Exposure risk controls, the proposed protections available to Exchange configured by a Member or its clearing Net Notional Exposure risk control Members and their clearing firms. The firm, has exceeded the pre-determined would reset for each new trading day. Exchange believes that the proposed limit, IEX will automatically reject new Under the proposed rule change, rule change supports these objectives orders and cancel all open orders for the Members or their clearing firms, if they because it is designed to enable all IEX applicable MPID(s) and/or FIX session choose to avail themselves of IEX’s ARC Members an additional option for how specified. Further, the Gross Notional mechanism, may elect to configure the to manage and limit their own trading Exposure risk control may be increased ARC mechanism to accumulate and exposure (whether on the basis of the or decreased on an intra-day basis by a specify a limit or limits on either the Member’s Gross Notional Exposure, Net Member or the clearing firm of a Gross Notional Exposure, the newly- Notional Exposure, or both) on IEX, in Member, as applicable. As specified in offered Net Notional Exposure, or both addition to enabling clearing firms an paragraph (a)(2)(A) of Rule 11.380, (collectively defined in the proposed additional option to monitor their Gross Notional Exposure is calculated as new rule as the ‘‘ARC Limit’’).10 correspondent Members’ trading the absolute sum of the notional value IEX believes that adding a Net exposure as well as their own trading of all buy and sell trades (i.e., equal to Notional Exposure risk control to its exposure (whether on the basis of the the value of executed buys plus the existing ARC mechanism will enhance clearing firm’s Gross Notional Exposure, absolute value of executed long sells the risk management tools available to Net Notional Exposure, or both), plus the absolute value of executed IEX Members. The Exchange notes, including by intra-day increases or short sells). There is no netting of buys however, that use of an ARC Limit by decreases in the limits. and sales in the same symbol or across a Member or the clearing firm of a Further, the Exchange believes that symbols. And the Gross Notional Member does not automatically the proposed rule change is consistent Exposure resets for each new trading constitute compliance with IEX rules or with the protection of investors and the day. SEC rules, nor does it replace Member- public interest because it provides an IEX proposes to revise the rule to managed and clearing firm-managed additional mechanism to enable IEX provide Members or the clearing firms risk management solutions. The Members and clearing firms of IEX of Members with an additional option of Exchange does not propose to require Members to manage their risk by configuring an ARC trading limit on the Members or their clearing firms to use preventing trading that exceeds a net notional exposure for matched and the ARC mechanism, and Members and Member’s, or clearing firm of a routed trades for a Member or clearing their clearing firms may use any other Member’s, financial resources on a net firm’s broker correspondent across appropriate risk-management tool or notional basis (as well as the currently MPIDs, by MPID, by FIX session or in service instead of, or in combination available gross notional basis risk combination, per clearing firm with, IEX’s ARC mechanism. The control), and thereby contributes to the relationship or Member as applicable Exchange will not provide preferential stability of the equities markets. Thus, (‘‘Net Notional Exposure’’). IEX notes treatment to Members or clearing firms the Exchange believes the addition of a that other exchanges offer their using IEX’s ARC mechanism, nor will Net Notional Exposure risk control members the option of a risk control the use of the ARC mechanism impact offers Members and their clearing firms based upon the member’s net notional a Member’s or clearing firm’s use of IEX an important compliance tool that 9 exposure. As proposed, once the Net other than when it results in orders Members and their clearing firms may Notional Exposure, as elected and being rejected or cancelled pursuant to use to help maintain the regulatory configured by a Member or its clearing the ARC Limit. In addition, IEX will integrity of the markets. The Exchange notes that other firm, has exceeded the pre-determined continue to provide the ARC exchanges’ rules provide for similar limit, IEX will automatically reject new mechanism to Members and clearing functionality, as discussed in the orders and cancel all open orders for the firms without charge. applicable MPID(s) and/or FIX session Purpose section, and accordingly IEX specified. However, just as with the 2. Statutory Basis does not believe that the proposed rule existing Gross Notional Exposure risk IEX believes that the proposed rule change raises any new or novel issues control, the proposed new Net Notional change is consistent with the provisions not already considered by the 13 Exposure risk control may be increased of Sections 6(b) 11 of the Act in general, Commission. In addition, the Exchange believes or decreased on an intra-day basis by a and furthers the objectives of Section that the proposal is consistent with just Member or the clearing firm of a 6(b)(5) 12 of the Act, in particular, in that and equitable principles of trade and Member, as applicable. As specified in it is designed to prevent fraudulent and not unfairly discriminatory because the the proposed new paragraph (a)(2)(B) of manipulative acts and practices, to ARC mechanism is available to all IEX Rule 11.380, Net Notional Exposure will promote just and equitable principles of be calculated as the absolute net sum of Members and their clearing firms the notional value of all buy and sell 10 In the case of a Member that is subject to ARC without charge. Limits set by its clearing firm, the Member will be B. Self-Regulatory Organization’s 9 advised of such limits by IEX. In the event a See e.g., Nasdaq Stock Market (‘‘Nasdaq’’) Rule Statement on Burden on Competition 6130; Cboe BZX Exchange, Inc. (‘‘Cboe’’) Rule 11.13 Member that is subject to ARC Limits set by its Interpretations and Policies .01(h); see also New clearing firm also elects to set ARC Limits for its IEX does not believe that the York Stock Exchange LLC (‘‘NYSE’’) Technology own trading, the Exchange will apply both such proposed rule change will result in any FAQ and Best Practices: Equities (November 2019) limits with the lower of the ARC Limits being Section 5.7, available at https://www.nyse.com/ applicable since it will trigger first. burden on competition that is not publicdocs/nyse/markets/nyse/NYSE_Group_ 11 15 U.S.C. 78f. Equities_Technology_FAQ.pdf. 12 15 U.S.C. 78f(b)(5). 13 See supra note 9.

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necessary or appropriate in furtherance investors, or otherwise in furtherance of be submitted on or before December 30, of the purposes of the Act. The proposal the purposes of the Act. If the 2019. is designed to expand the Exchange’s Commission takes such action, the For the Commission, by the Division of existing, optional, ARC mechanism by Commission shall institute proceedings Trading and Markets, pursuant to delegated adding a new Net Notional Exposure to determine whether the proposed rule authority.17 risk control as described in the Purpose should be approved or disapproved. section. The Exchange is not proposing Jill M. Peterson, to charge any fee for use of any aspect IV. Solicitation of Comments Assistant Secretary. of its ARC mechanism, which as Interested persons are invited to [FR Doc. 2019–26409 Filed 12–6–19; 8:45 am] proposed, is available to all Members submit written data, views, and BILLING CODE 8011–01–P and clearing firms of Members without arguments concerning the foregoing, charge. The Exchange does not believe including whether the proposed rule the proposed rule change will impose change is consistent with the Act. SECURITIES AND EXCHANGE any burden on intermarket competition Comments may be submitted by any of COMMISSION because other exchanges offer similar the following methods: functionality.14 The Exchange also does Electronic Comments [Release No. 34–87650; File No. SR– not believe that the proposal will NYSECHX–2019–24] impose an burden on intramarket • Use the Commission’s internet competition because it is available to all comment form (http://www.sec.gov/ Self-Regulatory Organizations; NYSE Members, and clearing firms of rules/sro.shtml); or Chicago, Inc.; Notice of Filing and Members, and provides a mechanism to • Send an email to rule-comments@ Immediate Effectiveness of Proposed enable IEX Members and clearing firms sec.gov. Please include File Number SR– Rule Change To Amend the Fee to manage their risk by preventing IEX–2019–13 on the subject line. Schedule of NYSE Chicago, Inc. trading that is erroneous or exceeds a Paper Comments Member’s or clearing firm’s financial December 3, 2019. • resources, thereby contributing to the Send paper comments in triplicate 1 stability of the equities markets. Pursuant to Section 19(b)(1) of the to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the Accordingly, the Exchange does not Commission, 100 F Street NE, ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 believe that this proposal will have any Washington, DC 20549–1090. impact on competition. notice is hereby given that, on All submissions should refer to File November 29, 2019 the NYSE Chicago, C. Self-Regulatory Organization’s Number SR–IEX–2019–13. This file Inc. (‘‘NYSE Chicago’’ or the Statement on Comments on the number should be included on the ‘‘Exchange’’) filed with the Securities Proposed Rule Change Received From subject line if email is used. To help the and Exchange Commission (the Members, Participants, or Others Commission process and review your ‘‘Commission’’) the proposed rule comments more efficiently, please use Written comments were neither change as described in Items I and II only one method. The Commission will solicited nor received. below, which Items have been prepared post all comments on the Commission’s III. Date of Effectiveness of the internet website (http://www.sec.gov/ by the self-regulatory organization. The Proposed Rule Change and Timing for rules/sro.shtml). Copies of the Commission is publishing this notice to Commission Action submission, all subsequent solicit comments on the proposed rule Because the foregoing proposed rule amendments, all written statements change from interested persons. change does not: (i) Significantly affect with respect to the proposed rule I. Self-Regulatory Organization’s the protection of investors or the public change that are filed with the Statement of the Terms of Substance of interest; (ii) impose any significant Commission, and all written the Proposed Rule Change burden on competition; and (iii) become communications relating to the operative for 30 days from the date on proposed rule change between the The Exchange proposes to amend its which it was filed, or such shorter time Commission and any person, other than Fee Schedule to (a) adopt the same as the Commission may designate, it has those that may be withheld from the billing dispute practice as the become effective pursuant to Section public in accordance with the Exchange’s affiliates and other 19(b)(3)(A)(iii) of the Act 15 and provisions of 5 U.S.C. 552, will be exchanges, (b) adopt the same policy subparagraph (f)(6) of Rule 19b–4 available for website viewing and regarding the aggregation of affiliated 16 thereunder. printing in the Commission’s Public Participants’ activity as applied by the At any time within 60 days of the Reference Room, 100 F Street NE, Exchange’s affiliates and other filing of the proposed rule change, the Washington, DC 20549, on official Commission summarily may exchanges, and (c) delete text business days between the hours of referencing fees and services that temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the became obsolete upon the Exchange’s it appears to the Commission that such filing also will be available for transition to the Pillar trading platform. action is necessary or appropriate in the inspection and copying at the principal public interest, for the protection of office of the Exchange. All comments proposed rule change is available on the received will be posted without change. Exchange’s website at www.nyse.com, at 14 See supra note 9. Persons submitting comments are the principal office of the Exchange, and 15 15 U.S.C. 78s(b)(3)(A)(iii). cautioned that we do not redact or edit at the Commission’s Public Reference 16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Room. 4(f)(6) requires a self-regulatory organization to give personal identifying information from the Commission written notice of its intent to file comment submissions. You should the proposed rule change at least five business days submit only information that you wish 17 17 CFR 200.30–3(a)(12). prior to the date of filing of the proposed rule to make available publicly. All 1 change, or such shorter time as designated by the 15 U.S.C. 78s(b)(1). Commission. The Exchange has satisfied this submissions should refer to File 2 15 U.S.C. 78a. requirement. Number SR–IEX–2019–13 and should 3 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s and substantially the same as that in charges to be addressed while the Statement of the Purpose of, and place at other equities and options information and data underlying those Statutory Basis for, the Proposed Rule exchanges.7 charges (e.g., applicable fees and order Change Under the proposed billing procedure, information) are still easily and readily In its filing with the Commission, the all disputes concerning fees billed by available. This practice would avoid self-regulatory organization included the Exchange would have to be issues that may arise when Participants submitted to the Exchange in writing statements concerning the purpose of, do not dispute an invoice in a timely and accompanied by supporting and basis for, the proposed rule change manner and conserve Exchange documentation. Further, all fee disputes and discussed any comments it received resources that would be expended to would have be submitted no later than 9 on the proposed rule change. The text resolve untimely billing disputes. sixty (60) days after receipt of a billing of those statements may be examined at In order for Participants to be fully invoice. After sixty days, all fees the places specified in Item IV below. aware of this rule regarding fee disputes, assessed by the Exchange would be The Exchange has prepared summaries, the Exchange proposes to include the considered final. The Exchange believes set forth in sections A, B, and C below, proposed Fee Schedule language in each that this requirement, which is the same of the most significant parts of such customer invoice. as that in place at the Exchange’s To effect this change, the Exchange statements. equities and options market affiliates,8 proposes to amend Section P of the Fee A. Self-Regulatory Organization’s will streamline the billing dispute Schedule, which is currently designated Statement of the Purpose of, and the process. as ‘‘Reserved,’’ to title it ‘‘Billing Statutory Basis for, the Proposed Rule The Exchange believes it is reasonable Disputes’’ and add text describing the Change for Participants to become aware of any billing procedure. The Exchange also potential billing errors within sixty proposes a non-substantive change to 1. Purpose calendar days of receiving an invoice. add a heading of ‘‘Q. Minor Rule The Exchange proposes to amend its Requiring that Participants dispute an Violation Plan’’ before the next section Fee Schedule to (a) adopt the same invoice within this time period will of the Fee Schedule. billing dispute practice as the encourage Participants to review their Exchange’s affiliates and other invoices promptly and allow disputed Aggregation of Affiliate Activity exchanges, (b) adopt the same policy The Fee Schedule currently provides regarding the aggregation of affiliated publicdocs/nyse/markets/nyse-american/NYSE_ that activity of affiliated Participants _ _ _ Participants’ 4 activity as applied by the America Equities Price List.pdf (same); NYSE may be aggregated for specified American Options Fee Schedule (‘‘NYSE American 10 Exchange’s affiliates and other Options Fee Schedule’’), available at https:// purposes. The Exchange proposes to exchanges, and (c) delete text www.nyse.com/publicdocs/nyse/markets/american- amend its Fee Schedule to replace the referencing fees and services that options/NYSE_American_Options_Fee_ current method of aggregation of Schedule.pdf (same); NYSE Arca Equities Fees and became obsolete upon the Exchange’s Charges (‘‘NYSE Arca Equities Fee Schedule’’), affiliated Participant activity with the transition to the Pillar trading platform available at https://www.nyse.com/publicdocs/nyse/ method used by the Affiliated SROs to (‘‘Pillar’’).5 markets/nyse-arca/NYSE_Arca_Marketplace_ aggregate activity of affiliated Fees.pdf (same); NYSE Arca Options Fees and Participants.11 Other exchanges also Proposed Billing Procedure Charges (‘‘NYSE Arca Options Fee Schedule’’), available at https://www.nyse.com/publicdocs/nyse/ include similar provisions in their The Exchange proposes to amend its markets/arca-options/NYSE_Arca_Options_Fee_ rules.12 Fee Schedule to adopt a billing Schedule.pdf (same); and NYSE National, Inc. The proposed rule change would procedure to prevent Participants from Schedule of Fees and Rebates (‘‘NYSE National Fee provide that for purposes of applying contesting their bills long after they Schedule’’), at https://www.nyse.com/publicdocs/ nyse/regulation/nyse/NYSE_National_Schedule_of_ any provision of the Exchange’s Fee have received an invoice. The proposed Fees.pdf (same). Schedule where the charge assessed, or provision would be based on those in 7 See NASDAQ Equity Rules, Equity 7 (Pricing credit provided, by the Exchange the fee schedules of the Affiliate SROs,6 Schedule), Section 70(b) (all fee disputes must be submitted no later than 60 days after receipt of 9 The same rationale has been advanced by other billing invoice, in writing and accompanied by 4 As defined in Article 1, Rule 1(s) of the exchanges that have adopted the Exchange’s supporting documentation); NASDAQ Options Exchange’s Rules, ‘‘Participants’’ refers to persons proposed billing procedure. See, e.g., Securities and Rules, Options 7 (Pricing Schedule), Section 7(a)– who are permitted to trade on the Exchange. See Exchange Act Release Nos. 79061 (October 6, 2016), (b) (same); NASDAQ BX Equity Rules, Equity 7 81 FR 70721 (October 13, 2016) (SR–ISE–2016–23); Securities Exchange Act Release No. 87264 (October (Pricing Schedule), Section 111(b) (Collection of 74895 (May 7, 2015), 80 FR 27352 (May 13, 2015) 9, 2019), 84 FR 55345, 55346 n.25 (October 16, Exchange Fees and Other Claims and Billing Policy) (SR–NASDAQ–2015–50); and 73452 (October 28, 2019) (SR–NYSECHX–2019–08) (Approval Order). (same); NASDAQ BX Options Rules, Options 7 5 2014), 79 FR 65279 (November 3, 2014) (SR–BX– Pillar is an integrated trading technology (Pricing Schedule), Section 7(a)–(b) (BX Options 2014–54). platform designed to use a single specification for Fee Disputes) (same); NASDAQ PHLX Equity Rules, 10 connecting to the equities and options markets Equity 7 (Pricing Schedule), Section 1(a) (same); See Section O of the Fee Schedule. operated by the Exchange’s affiliates New York NASDAQ PHLX Options Rules, Options 7 (Pricing 11 See, e.g., NYSE Price List available at https:// Stock Exchange LLC (‘‘NYSE’’), NYSE American Schedule), Section 1(a) (same); NASDAQ ISE www.nyse.com/publicdocs/nyse/markets/nyse/ LLC (‘‘NYSE American’’), NYSE Arca, Inc. (‘‘NYSE Options Rules, Options 7 (Pricing Schedule), NYSE_Price_List.pdf; NYSE American Equities Arca’’), and NYSE National, Inc. (‘‘NYSE National’’ Section 1(b) (same); NASDAQ GEMX Options Price List, available at https://www.nyse.com/ and, together, the ‘‘Affiliate SROs’’). See Securities Rules, Options 7 (Pricing Schedule), Section 1(b) publicdocs/nyse/markets/nyse-american/NYSE_ and Exchange Act Release No. 87408 (October 28, (same); NASDAQ MRX Options Rules, Options 7 America_Equities_Price_List.pdf; NYSE Arca 2019), 84 FR 58778 (November 1, 2019) (SR– (Pricing Schedule), Section 1(b) (same); MIAX Equities Price List, available at https:// NYSECHX–2019–12). Options Fee Schedule, available at https:// www.nyse.com/publicdocs/nyse/markets/nyse-arca/ 6 See New York Stock Exchange Price List 2019 www.miaxoptions.com/sites/default/files/fee_ NYSE_Arca_Marketplace_Fees.pdf; and NYSE (‘‘NYSE Price List’’), available at https:// schedule-files/MIAX_Options_Fee_Schedule_ National Fee Schedule, available at https:// www.nyse.com/publicdocs/nyse/markets/nyse/ 10222019.pdf (same); MIAX Pearl Fee Schedule, www.nyse.com/publicdocs/nyse/regulation/nyse/ NYSE_Price_List.pdf (‘‘All fee disputes concerning available at https://www.miaxoptions.com/sites/ NYSE_National_Schedule_of_Fees.pdf. fees billed by the Exchange must be submitted to default/files/fee_schedule-files/MIAX_PEARL__Fee_ 12 See, e.g., NASDAQ Equity Rules, Equity 7, the Exchange in writing and must be accompanied _Schedule_10222019.pdf (same); and MIAX Section 127; NASDAQ Options Rules, Options 7, by supporting documentation. All fee disputes must Emerald Fee Schedule, available at https:// Section 127; NASDAQ BX Equity Rules, Equity 7, be submitted no later than sixty (60) days after www.miaxoptions.com/sites/default/files/fee_ Section 127; NASDAQ BX Options Rules, Options receipt of a billing invoice.’’); NYSE American schedule-files/MIAX_Emerald_Fee_Schedule_ 7; NASDAQ PHLX Equity Rules, Equity 7, Section Equities Price List (‘‘NYSE American Equities Price 10222019.pdf (same). 3; NASDAQ PHLX Options Rules, Options 7, List’’), available at https://www.nyse.com/ 8 See note 6, supra. Section 1.

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depends on the volume of a Finally, the Exchange proposes to Section 6(b) of the Act,17 in general, and Participant’s activity (i.e., where a simplify its definition of ‘‘affiliate’’ for furthers the objectives of Sections volume threshold or volume percentage purposes of the Fee Schedule. 6(b)(4) and 6(b)(5) of the Act,18 in is required to obtain the pricing), a Currently, the term ‘‘affiliate’’ is defined particular, because it provides for the Participant may request that the in the Fee Schedule as any wholly equitable allocation of reasonable dues, Exchange aggregate its eligible activity owned subsidiary, parent, or sister of fees, and other charges among its with the eligible activity of its affiliates. the Participant that is also a Participant, members, issuers, and other persons The Exchange further proposes that a with the terms ‘‘wholly owned using its facilities and does not unfairly Participant requesting aggregation of subsidiary,’’ ‘‘parent,’’ and ‘‘sister’’ also discriminate among customers, issuers, eligible affiliate activity would be individually defined. The proposed brokers, or dealers, and because it is required to (1) certify to the Exchange change would define ‘‘affiliate’’ as any designed to promote just and equitable which affiliate(s) it seeks to aggregate Participant under 75% common principles of trade, to remove prior to receiving approval for ownership or control of that Participant. impediments to and perfect the aggregation, and (2) inform the This proposed definition is consistent mechanism of a free and open market Exchange immediately of any event that with rules adopted by the Affiliate SROs and a national market system, and, in causes an entity to cease being an and other exchanges.14 general, to protect investors and the affiliate(s). The Exchange would review To effect this change, the Exchange public interest. available information regarding the proposes to delete the text currently set With respect to the proposed billing entities and reserves the right to request forth in Section O of the Fee Schedule, procedure, the Exchange believes that additional information to verify the replace it with the above-described rule, the requirement to submit all billing affiliate status of an entity. The and amend the title of that section to disputes in writing, and with supporting Exchange would approve a request, ‘‘Aggregate Billing of Affiliated documentation, within sixty days from unless it determines that the certificate Participants.’’ receipt of the invoice, is reasonable because the Exchange provides is not accurate. Removal of Obsolete Fees The Exchange also proposes to Participants with ample tools to monitor establish a standard practice for Because the Exchange does not offer and account for various charges determining an affiliation as of the the Connect service in Pillar, in incurred in a given month. The month’s beginning or close in time to connection with the transition to Pillar, proposed provision also promotes the when the affiliation occurs, provided the Exchange deleted Article 4, Rule 2 protection of investors and the public the Participant submits a timely request. relating to the Connect service in its interest by providing a clear and concise 15 Specifically, if two or more Participants entirety. The Exchange proposes to mechanism in Exchange Rules for become affiliated on or prior to the similarly delete reference to the Connect Participants to dispute fees and for the sixteenth day of a month, and submit service in the Fee Schedule by deleting Exchange to review such disputes in a the required request for aggregation on the text set forth in Section ‘‘L’’ of the timely manner. In addition, the proposed 60-day limitation is fair, or prior to the twenty-second day of the Fee Schedule and designating that equitable, and not unfairly month, an approval of the request section as ‘‘Reserved.’’ discriminatory because it will apply would be deemed to be effective as of The Exchange also proposes to delete equally to all Participants and be the first day of that month. If two or certain text in the Fee Schedule implemented prospectively on all more Participants become affiliated after referencing fees for services that have Participants, only applying to invoices the sixteenth day of a month, or submit become obsolete because of the issued after the proposed rule change a request for aggregation after the twenty Exchange’s move to the Mahwah data becomes operative. Moreover, the second day of the month, an approval of center. Specifically, the Exchange proposed billing dispute language, the request would be deemed to be proposes to delete Section D.2 of the Fee which will lower the Exchange’s effective as of the first day of the next Schedule, which sets forth Cross administrative burden, is based on calendar month. The Exchange believes Connection Charges for physical billing dispute language of the Affiliate that this requirement, which is based on connections that are no longer used by SROs without any substantive the requirements of the Affiliate SROs Participants now that the Exchange has differences, and is substantially similar without any substantive differences, moved to the Mahwah data center. The to billing dispute language of other would be a fair and objective way to Exchange also proposes to delete Section G of the Fee Schedule, which exchanges.19 apply the aggregation rule to fees and With respect to the proposed billing streamline the billing process. sets forth fees for co-location services that were provided prior to the aggregation, the Exchange believes that The Exchange further proposes to migration to Pillar, and not for co- this policy implements a reasonable and provide that for purposes of applying location services provided in the clear process for the Exchange to group any provision of the Fee Schedule Mahwah data center.16 The Exchange together affiliated Participants for where the charge assessed, or credit proposes to designate Section G of the purposes of assessing charges or credits provided, by the Exchange depends Fee Schedule as ‘‘Reserved.’’ that are based on volume. The provision upon the volume of a Participant’s is equitable because all Participants activity, references to an entity would 2. Statutory Basis seeking to aggregate their activity are be deemed to include the entity and its The Exchange believes that the subject to the same parameters, in affiliates that have been approved for proposed rule change is consistent with accordance with a standard that aggregation. Consistent with the recognizes an affiliation as of the 13 requirements of the Affiliate SROs, the 14 See notes 11–12, supra. month’s beginning or close in time to Exchange proposes to provide that 15 See 84 FR 55345, supra note 4, at 55346 n.19. when the affiliation occurs, provided Participants may not aggregate volume 16 See Securities Exchange Act Release No. 49728 the Participant submits a timely request. wherever the Fee Schedule may specify (May 19, 2004), 69 FR 29988 (May 26, 2004) (SR– CHX–2004–15). The Exchange sets forth fees for the that aggregation is not permitted. 17 co-location services it currently offers under the 15 U.S.C. 78f(b). heading of ‘‘Co-Location Fees’’ on page 13 of the 18 15 U.S.C. 78f(b)(4)–(5). 13 See note 11, supra. Fee Schedule. 19 See notes 6–7, supra.

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In addition, the Exchange believes that proposal does not impose any burden defined process for billing disputes and the proposed change would reduce on competition. the revised rules for how activity of disparity of treatment between With respect to the proposed deletion affiliates can be aggregated, and more Participants with regard to the pricing of of text referencing outdated quickly remove obsolete text from its different services and reduce any functionalities and services, the changes Fee Schedule. Further, the Exchange potential for confusion on how activity would not have any impact on states that waiver of the operative delay can be aggregated. For example, the competition, because they are solely will allow the Exchange to implement proposed rule change avoids disparate designed to eliminate obsolete text to these changes beginning December 2, treatment of Participants that have accurately reflect the services that the 2019, which is the first business day in divided their various business activities Exchange currently offers. December. The Commission believes between separate corporate entities as C. Self-Regulatory Organization’s that waiving the 30-day operative delay compared to Participants that operate Statement on Comments on the is consistent with the protection of those business activities within a single Proposed Rule Change Received From investors and the public interest, and corporate entity. The Exchange also Members, Participants, or Others hereby waives the 30-day operative believes that the proposed rule change delay and designates the proposed rule is designed to remove impediments to No written comments were solicited change operative upon filing.27 and perfect the mechanism of a free and or received with respect to the proposed At any time within 60 days of the open market by harmonizing the process rule change. filing of such proposed rule change, the by which Participants can seek to III. Date of Effectiveness of the Commission summarily may aggregate volume with the practices of Proposed Rule Change and Timing for temporarily suspend such rule change if the Affiliate SROs and other Commission Action it appears to the Commission that such exchanges.20 action is necessary or appropriate in the With respect to the proposed deletion The Exchange has filed the proposed public interest, for the protection of of obsolete fees, the Exchange believes rule change pursuant to Section investors, or otherwise in furtherance of 22 that the proposed change would remove 19(b)(3)(A)(iii) of the Act and Rule the purposes of the Act. If the 23 impediments to and perfect the 19b–4(f)(6) thereunder. Because the Commission takes such action, the mechanisms of a free and open market proposed rule change does not: (i) Commission shall institute proceedings by eliminating references to services Significantly affect the protection of under Section 19(b)(2)(B) 28 of the Act to that are no longer offered, thereby investors or the public interest; (ii) determine whether the proposed rule improving the clarity of the Exchange’s impose any significant burden on change should be approved or rules and enabling market participants competition; and (iii) become operative disapproved. to more easily navigate the Exchange’s prior to 30 days from the date on which fee schedule. The Exchange also it was filed, or such shorter time as the IV. Solicitation of Comments believes that the proposed change Commission may designate, if Interested persons are invited to would protect investors and the public consistent with the protection of submit written data, views, and interest because the deletion of obsolete investors and the public interest, the arguments concerning the foregoing, text would make the Fee Schedule more proposed rule change has become including whether the proposed rule accessible and transparent and facilitate effective pursuant to Section 19(b)(3)(A) change is consistent with the Act. market participants’ understanding of of the Act and Rule 19b–4(f)(6)(iii) Comments may be submitted by any of 24 the fees charged for services currently thereunder. the following methods: offered by the Exchange. A proposed rule change filed under Rule 19b–4(f)(6) 25 normally does not Electronic Comments B. Self-Regulatory Organization’s become operative prior to 30 days after • Use the Commission’s internet Statement on Burden on Competition the date of the filing. However, pursuant comment form (http://www.sec.gov/ In accordance with Section 6(b)(8) of to Rule 19b4(f)(6)(iii),26 the Commission rules/sro.shtml); or the Act,21 the Exchange believes that the may designate a shorter time if such • Send an email to rule-comments@ proposed rule change would not impose action is consistent with the protection sec.gov. Please include File Number SR– any burden on competition that is not of investors and the public interest. The NYSECHX–2019–24 on the subject line. Exchange has asked the Commission to necessary or appropriate in furtherance Paper Comments waive the 30-day operative delay so that of the purposes of the Act. • With respect to the billing procedure the proposal may become operative Send paper comments in triplicate and billing aggregation policy, the immediately upon filing. The Exchange to: Secretary, Securities and Exchange proposed rule change would establish a asserts that waiver of the operative Commission, 100 F Street NE, clear process that would apply equally delay would be consistent with the Washington, DC 20549–1090. to all Participants and is based on the protection of investors and the public All submissions should refer to File rules of the Affiliate SROs without any interest because it would allow the Number SR–NYSECHX–2019–24. This substantive differences, and is Exchange to immediately implement a file number should be included on the substantially similar to rules of other subject line if email is used. To help the exchanges. The Exchange does not 22 15 U.S.C. 78s(b)(3)(A)(iii). Commission process and review your believe such proposed changes would 23 17 CFR 240.19b–4(f)(6). comments more efficiently, please use impair the ability of Participants or 24 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– only one method. The Commission will 4(f)(6)(iii) requires a self-regulatory organization to post all comments on the Commission’s competing order execution venues to give the Commission written notice of its intent to maintain their competitive standing in file the proposed rule change, along with a brief internet website (http://www.sec.gov/ the financial markets. Moreover, description and text of the proposed rule change, because the proposed changes would at least five business days prior to the date of filing 27 For purposes only of waiving the 30-day of the proposed rule change, or such shorter time operative delay, the Commission also has apply equally to all Participants, the as designated by the Commission. The Exchange considered the proposed rule’s impact on has satisfied this requirement. efficiency, competition, and capital formation. See 20 See notes 11–12, supra. 25 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). 21 15 U.S.C. 78f(b)(8). 26 17 CFR 240.19b–4(f)(6)(iii). 28 15 U.S.C. 78s(b)(2)(B).

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rules/sro.shtml). Copies of the 19b–4 thereunder,2 a proposed rule 1(a)(3), the transaction must comply submission, all subsequent change to adopt requirements for the with the requirements of Listing Rules amendments, all written statements Nasdaq Capital and Global Markets IM–5405–1(a)(3)(ii)(C) or IM–5505– with respect to the proposed rule applicable to direct listings. The 1(a)(3)(ii)(C) and the company must change that are filed with the proposed rule change was published for certify such compliance to Nasdaq in Commission, and all written comment in the Federal Register on writing; (iii) update the preamble to communications relating to the September 4, 2019.3 On October 17, proposed Listing Rules IM–5405–1 and proposed rule change between the 2019, pursuant to Section 19(b)(2) of the IM–5505–1 to clarify that this Commission and any person, other than Exchange Act,4 the Commission Interpretative Material describes when a those that may be withheld from the designated a longer period within which company whose stock is not previously public in accordance with the to approve the proposed rule change, registered under the Exchange Act may provisions of 5 U.S.C. 552, will be disapprove the proposed rule change, or list on the Nasdaq Global or Capital available for website viewing and institute proceedings to determine Market, where such company is listing printing in the Commission’s Public whether to approve or disapprove the without a related underwritten offering Reference Room, 100 F Street NE, proposed rule change.5 On November upon effectiveness of a registration Washington, DC 20549 on official 26, 2019, the Exchange filed statement registering only the resale of business days between the hours of Amendment No. 1 to the proposed rule shares sold by the company in earlier 10:00 a.m. and 3:00 p.m. Copies of the change, which replaced and superseded private placements; (iv) require that the filing also will be available for the proposed rule change as originally examples of transactions that could 6 inspection and copying at the principal filed. The Commission received no constitute compelling evidence for office of the Exchange. All comments comments on the proposed rule change. purposes of Listing Rules IM–5405– received will be posted without change. The Commission is publishing this 1(a)(3) and IM–5505–1(a)(3) are Persons submitting comments are notice to solicit comments on the exhaustive; (v) clarify that references to cautioned that we do not redact or edit proposed rule change, as modified by third parties mean unaffiliated third personal identifying information from Amendment No. 1, from interested parties; and (vi) make minor technical comment submissions. You should persons and is approving the proposed changes to improve the structure, clarity submit only information that you wish rule change, as modified by Amendment and readability of the proposed rules. to make available publicly. All No. 1, on an accelerated basis. submissions should refer to File For purposes of these proposed rule II. Exchange’s Description of the Number SR–NYSECHX–2019–24 and changes, all references to the term Proposal, as Modified by Amendment should be submitted on or before ‘‘affiliate’’ and derivatives of this term No. 1 December 30, 2019. rely on the definition of ‘‘affiliate’’ in For the Commission, by the Division of A. Self-Regulatory Organization’s SEC Rule 10A–3(e). See 17 CFR Trading and Markets, pursuant to delegated Statement of the Purpose of, and 240.10A–3(e). This amendment authority.29 Statutory Basis for, the Proposed Rule supersedes and replaces the Initial Jill M. Peterson, Change Proposal in its entirety. Assistant Secretary. 1. Purpose Nasdaq recognizes that some companies, whose stock was not [FR Doc. 2019–26404 Filed 12–6–19; 8:45 am] Nasdaq is filing this amendment to previously registered under the BILLING CODE 8011–01–P SR–NASDAQ–2019–059,7 which was Exchange Act, that have sold common published for comment by the equity securities in private placements, Commission on August 28, 2019, in SECURITIES AND EXCHANGE which have not been listed on a national order to: (i) Specify that to constitute COMMISSION securities exchange or traded in the compelling evidence under the over-the-counter market pursuant to [Release No. 34–87648; File No. SR– proposed Listing Rules IM–5405–1(a)(3) FINRA Form 211 immediately prior to NASDAQ–2019–059] and IM–5505–1(a)(3), a tender offer by the initial pricing, may wish to list those the company or an unaffiliated third securities to allow existing shareholders Self-Regulatory Organizations; The party needs to be for cash and be Nasdaq Stock Market LLC; Notice of commenced and completed within the to sell their shares. Nasdaq previously Filing of Amendment No. 1 and Order prior six months; (ii) clarify that for adopted requirements applicable to Granting Accelerated Approval of a such Direct Listings listing on the affiliate participation to be considered 8 Proposed Rule Change, as Modified by de minimis under the proposed Listing Nasdaq Global Select Market and now Amendment No. 1, To Adopt Rules IM–5405–1(a)(3) and IM–5505– Requirements for the Nasdaq Capital 8 Securities Exchange Act Release No. 85156 and Global Markets Applicable to (February 15, 2019), 84 FR 5787 (February 22, 2019) 2 17 CFR 240.19b–4. (SR–NASDAQ–2019–001) (the ‘‘2019 Rule Direct Listings 3 See Securities Exchange Act Release No. 86792 Change’’). Nasdaq proposes to insert the defined (August 28, 2019), 84 FR 46580 (September 4, 2019) term ‘‘Direct Listing’’ into the existing language of December 3, 2019. (‘‘Notice’’). Listing Rule IM–5315–1 as follows: ‘‘Nasdaq 4 I. Introduction 15 U.S.C. 78s(b)(2). recognizes that some companies that have sold 5 See Securities Exchange Act Release No. 87328, common equity securities in private placements, On August 15, 2019, The Nasdaq 84 FR 56868 (October 23, 2019). The Commission which have not been listed on a national securities Stock Market LLC (‘‘Nasdaq’’ or the designated December 3, 2019, as the date by which exchange or traded in the over-the-counter market the Commission shall approve the proposed rule pursuant to FINRA Form 211 immediately prior to ‘‘Exchange’’) filed with the Securities change, disapprove the proposed rule change, or the initial pricing, may wish to list those securities and Exchange Commission institute proceedings to determine whether to on Nasdaq (a ‘‘Direct Listing’’).’’ Nasdaq also (‘‘Commission’’), pursuant to Section approve or disapprove the proposed rule change. proposes to update the title of Listing Rule IM– 19(b)(1) of the Securities Exchange Act 6 Amendment No. 1 is available at https:// 5315–1 without further modification to that rule of 1934 (‘‘Exchange Act’’) 1 and Rule www.sec.gov/comments/sr-nasdaq-2019-059/ section. Nasdaq intends to submit a subsequent rule srnasdaq2019059-6482012-199454.pdf. filing to adopt a global definition for Direct Listings 7 Securities Exchange Act Release No. 86792 that will include the substantive provisions from 29 17 CFR 200.30–3(a)(12). (August 28, 2019), 84 FR 46580 (September 4, 2019) the preamble to Listing Rule IM–5315–1 and 1 15 U.S.C. 78s(b)(1). (the ‘‘Initial Proposal’’). proposed Listing Rules IM–5405–1 and IM–5505–1.

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proposes to adopt requirements for the proposes to adopt Listing Rules IM– Under Listing Rule IM–5315–1(f), Nasdaq Global and Capital Markets. 5405–1 and IM–5505–1, which will Nasdaq requires that a valuation agent The proposed Listing Rules IM–5405– state how the Exchange calculates the will not be considered independent if: 1 and IM–5505–1 describe when a initial listing requirements based on the • At the time it provides such company whose stock is not previously price of a security, including the bid Valuation, the valuation agent or any registered under the Exchange Act may price, Market Value of Listed Securities affiliated person or persons beneficially list on the Nasdaq Global and Capital and Market Value of Unrestricted own in the aggregate as of the date of the Markets, where such company is listing Publicly Held shares for a Direct Listing valuation, more than 5% of the class of without a related underwritten offering on the Nasdaq Global and Capital securities to be listed, including any upon effectiveness of a registration Markets.10 right to receive any such securities statement registering only the resale of Unless Nasdaq determines to accept exercisable within 60 days. shares sold by the company in earlier evidence of the security’s price based on • The valuation agent or any affiliated private placements, set forth the a tender offer for cash by the company entity has provided any investment additional listing requirements for or an unaffiliated third party, a sale banking services to the listing applicant Direct Listings on the Nasdaq Global between unaffiliated third parties within the 12 months preceding the date and Capital Markets and describe how involving the company’s equity of the Valuation. For purposes of this the Exchange will calculate compliance securities, or equity security sales by the provision, ‘‘investment banking with the Nasdaq Global and Capital company, as described in more detail services’’ includes, without limitation, Markets initial listing standards related below, under Listing Rules IM–5405–1 acting as an underwriter in an offering to the requirements based on the price and IM–5505–1, Nasdaq would for the issuer; acting as a financial of a security, including the bid price, generally require that a company listing adviser in a merger or acquisition; Market Value of Listed Securities and on the Nasdaq Global and Capital providing venture capital, equity lines Market Value of Unrestricted Publicly Markets through a Direct Listing provide of credit, PIPEs (private investment, Held Shares.9 Nasdaq an independent third-party public equity transactions), or similar Nasdaq also proposes to modify valuation (a ‘‘Valuation’’), as defined in investments; serving as placement agent Nasdaq Rule 4753 to clarify that the Listing Rule IM–5315–1, that meets the for the issuer; or acting as a member of securities listed pursuant to Listing requirements of Listing Rules IM–5315– a selling group in a securities Rules IM–5405–1 and IM–5505–1 can 1(e) and (f). underwriting. use the same crossing mechanism Under Listing Rule IM–5315–1(e), any • The valuation agent or any affiliated available for IPOs outlined in Rule Valuation used for this purpose must be entity has been engaged to provide 4120(c)(8) and Rule 4753 (the ‘‘IPO provided by an entity that has investment banking services to the Cross’’). significant experience and demonstrable listing applicant in connection with the Finally, the proposed Listing Rules competence in the provision of such proposed listing or any related IM–5405–1 and IM–5505–1 require that valuations. The Valuation must be of a financings or other related transactions. such securities must begin trading on recent date as of the time of the For a security that has had sustained Nasdaq following the initial pricing approval of the company for listing and recent trading in a Private Placement through the IPO Cross. To allow such the evaluator must have considered, Market 12 prior to listing, Nasdaq will initial pricing, the company must: (i) In among other factors, the annual determine a company’s price, Market accordance with Rule 4120(c)(9), have a financial statements required to be Value of Listed Securities and Market broker-dealer serving in the role of included in the registration statement, Value of Unrestricted Publicly Held financial advisor to the issuer of the along with financial statements for any shares based on the lesser of: (i) The securities being listed, who is willing to completed fiscal quarters subsequent to value calculable based on the perform the functions under Rule the end of the last year of audited Valuation 13 and (ii) the value calculable 4120(c)(8) that are performed by an financials included in the registration based on the most recent trading price underwriter with respect to an initial statement. Nasdaq will consider any in a Private Placement Market.14 public offering; and (ii) list upon market factors or factors particular to Under Proposed Listing Rules IM– effectiveness of a Securities Act of 1933 the listing applicant that would cause 5405–1(a)(5) and IM–5505–1(a)(5), to registration statement filed solely for the concern that the value of the company determine compliance with the price- purpose of allowing existing had diminished since the date of the based requirements and suitability for shareholders to sell their shares. Valuation and will continue to monitor listing on the Exchange, Nasdaq will Calculation of Price-Based Initial Listing the company and the appropriateness of examine the trading price trends for the Requirements relying on the Valuation up to the time stock in the Private Placement Market of listing. Nasdaq may withdraw its over a period of several months prior to Direct Listings are subject to all initial approval of the listing at any time prior listing and will only rely on a Private listing requirements applicable to equity to the listing date if it believes that the Placement Market price if it is securities and, subject to applicable Valuation no longer accurately reflects consistent with a sustained history over exemptions, the corporate governance the company’s likely market value.11 that several month period evidencing a requirements set forth in the Rule 5600 Series. To provide transparency to the 10 Substantive provisions of Listing Rules IM– 12 Nasdaq defines ‘‘Private Placement Market’’ in initial listing process, the Exchange 5405–1 and IM–5505–1 are identical. Listing Rule 5005(a)(34) as a trading system for 11 In addition, under Listing Rule 5101 Nasdaq unregistered securities operated by a national 9 On March 21, 2019, Nasdaq filed with the has broad discretionary authority to deny initial securities exchange or a registered broker-dealer. Commission a proposed rule change to revise the listing, apply additional or more stringent criteria 13 As described in more detail below, under initial listing standards related to liquidity that, for the initial or continued listing of particular proposed Listing Rules IM–5405–1(a)(3) and IM– among other changes, added three new definitions securities, or suspend or delist particular securities 5505–1(a)(3), in lieu of a Valuation, Nasdaq may to define ‘‘restricted securities,’’ ‘‘unrestricted based on any event, condition, or circumstance that accept certain other compelling evidence of the publicly held shares’’ and ‘‘unrestricted securities.’’ exists or occurs that makes initial or continued security’s price, Market Value of Listed Securities This rule change was approved by the Commission listing of the securities on Nasdaq inadvisable or and Market Value of Unrestricted Publicly Held effective July 5, 2019 and operative August 5, 2019. unwarranted in the opinion of Nasdaq, even though Shares. See Securities Exchange Act Release No. 86314 the securities meet all enumerated criteria for initial 14 Proposed Listing Rules IM–5405–1(a)(1) and (July 5, 2019), 84 FR 33102 (July 11, 2019). or continued listing on Nasdaq. IM–5505–1(a)(1).

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market value in excess of Nasdaq’s $30 million and Market Value of Listed prior six months, and substantial in market value requirement. Nasdaq Securities of $100 million under the size, representing sales of at least 20% believes that the price from such Market Value Standard.18 of the applicable Market Value of sustained trading in a Private Placement Nasdaq believes that some companies, Unrestricted Publicly Held Shares Market for the issuer’s securities is that are clearly large enough to be requirement.20 In addition, to help predictive of the price in the market for suitable for listing on the Exchange, do assure that such transactions adequately the common stock that will develop not have sustained trading in their support the value of the company, upon listing of the securities on Nasdaq. securities on a Private Placement Market Nasdaq proposes to require that such Alternatively, in the absence of any prior to going public. Nasdaq believes transactions cannot involve affiliates of recent sustained trading in a Private that for these companies a recent the company unless such participation Placement Market over a period of Valuation indicating that the company is de minimis. To be considered de several months,15 to determine that such exceeds 200% of the otherwise minimis, the transaction must comply company has met the applicable price- applicable price-based requirement will with the requirement that and the based initial listing requirements, give a significant degree of comfort that company must certify to Nasdaq in Nasdaq proposes to require, under the company will meet the applicable writing that: Any affiliate’s participation proposed Listing Rules IM–5405–1(a)(2) initial listing price-based requirements must be less than 5% of the transaction and IM–5505–1(a)(2) that a Valuation upon commencement of trading. Nasdaq (and all affiliates’ participation must evidence a price, Market Value of believes that it is unlikely that any collectively must be less than 10% of Listed Securities and Market Value of Valuation would reach a conclusion that the transaction), such participation must Unrestricted Publicly Held Shares that is incorrect to the degree necessary for have been suggested or required by exceed 200% of the otherwise a company using this provision to fail unaffiliated investors and the affiliates applicable requirement. Thus, to list on to meet the applicable initial listing must not have participated in the Nasdaq Global Market, the Valuation requirement upon listing, in particular negotiating the economic terms of the must evidence a minimum bid price of because any Valuation used for this transaction. The examples of at least $8 per share; Market Value of purpose must be provided by a transactions that could constitute Unrestricted Publicly Held Shares of valuation agent that meets the compelling evidence for purposes of $16 million under the Income Standard; independence requirements of proposed Listing Rules IM–5405–1 and IM–5505– or Market Value of Unrestricted Publicly Listing Rule IM–5315–1(f) and has 1 are meant to be exhaustive. Finally, Held Shares of $36 million under the significant experience and demonstrable Nasdaq will examine any such evidence Equity Standard; or Market Value of competence in the provision of such produced by the company to assure that Unrestricted Publicly Held Shares of valuations, as required by Listing Rule it is indicative of the company’s overall $40 million and Market Value of Listed IM–5315–1(e). value. If, based on facts and Securities of $150 million under the Nasdaq further believes that in certain circumstances, Nasdaq determines that Market Value Standard; or Market Value unique circumstances a company that is such evidence is not reliable, Nasdaq of Unrestricted Publicly Held Shares of clearly large enough to be suitable for will require a Valuation that meets the $40 million under the Total Assets/ listing on the Exchange may provide requirements of Listing Rules IM–5315– Total Revenue Standard.16 other compelling evidence, subject to 1(e) and (f) and the company must then To list on the Nasdaq Capital Market, limitations described below, to satisfy the other standards in the rule the Valuation must generally evidence a demonstrate that it meets all applicable that require a Valuation. minimum bid price of at least $8 per price-based requirements without a In order to determine that such share; 17 Market Value of Unrestricted Valuation. In such cases, Nasdaq under company has met the applicable price- Publicly Held Shares of $10 million Proposed Listing Rules IM–5405–1(a)(3) based initial listing requirements and to under the Net Income Standard; or and IM–5505–1(a)(3) may (but is not list on Nasdaq based on such evidence Market Value of Unrestricted Publicly required to) accept other compelling without a Valuation, Nasdaq proposes to Held Shares of $30 million under the evidence of the security’s price, Market require such evidence to show that the Equity Standard; or Market Value of Value of Listed Securities and Market security’s price, Market Value of Listed Unrestricted Publicly Held Shares of Value of Unrestricted Publicly Held Securities and Market Value of Shares, including, a tender offer for cash Unrestricted Publicly Held Shares by the company or an unaffiliated third 15 Limited trading in the Private Placement exceed 250% of the otherwise Market may not be sufficient for the Exchange to party, a sale between unaffiliated third applicable requirement. Thus, to list on reach a conclusion that the company meets the parties involving the company’s equity the Nasdaq Global Market, the applicable price-based requirements. securities, or equity security sales by the compelling evidence provided by the 16 See Listing Rules 5405(a) and (b), which 19 company. company must show a minimum bid generally require minimum bid price of at least $4 In order to be considered compelling per share; Market Value of Unrestricted Publicly Held Shares of $8 million under the Income evidence of the company’s value, 20 Listing Rule 5405(b) generally requires, for a Standard; or Market Value of Unrestricted Publicly Nasdaq proposes to require that such company listing on the Nasdaq Global Market, Held Shares of $18 million under the Equity transactions were recent, completed Market Value of Unrestricted Publicly Held Shares Standard; or Market Value of Unrestricted Publicly (and, in the case of a tender offer, of $8 million under the Income Standard; Market Held Shares of $20 million and Market Value of Value of Unrestricted Publicly Held Shares of $18 Listed Securities of $75 million under the Market commenced and completed) within the million under the Equity Standard; Market Value of Value Standard; or Market Value of Unrestricted Unrestricted Publicly Held Shares of $20 million Publicly Held Shares of $20 million under the Total 18 See Listing Rules 5505(a) and (b), which under the Market Value Standard; or Market Value Assets/Total Revenue Standard. generally require minimum bid price of at least $4 of Unrestricted Publicly Held Shares of $20 million 17 A company listing equity securities under per share; Market Value of Unrestricted Publicly under the Total Assets/Total Revenue Standard. Listing Rule IM–5505–1 is not eligible to rely on the Held Shares of $5 million under the Net Income Listing Rule 5505(b) generally requires, for a reduced bid price requirement of Listing Rule Standard; or Market Value of Unrestricted Publicly company listing on the Nasdaq Capital Market, 5505(a)(1)(B) given that such securities do not trade Held Shares of $15 million under the Equity Market Value of Unrestricted Publicly Held Shares in a continuous market prior to listing while Listing Standard; or Market Value of Unrestricted Publicly of $5 million under the Net Income Standard; Rule 5505(a)(1)(B) requires that such security ‘‘must Held Shares of $15 million and Market Value of Market Value of Unrestricted Publicly Held Shares meet the applicable closing price requirement for at Listed Securities of $50 million under the Market of $15 million under the Equity Standard; or Market least five consecutive business days prior to Value Standard. Value of Unrestricted Publicly Held Shares of $15 approval.’’ 19 See also, footnote 11 above. million under the Market Value Standard.

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price of at least $10 per share; Market Standard, or in excess of $3.6 million a foreign regulated exchange where Value of Unrestricted Publicly Held for a company listing under the Equity there is a broad, liquid market for the Shares of $20 million under the Income Standard, or in excess of $4 million for company’s shares or listing on the Standard; or Market Value of a company listing under other Nasdaq Global or Capital Markets while Unrestricted Publicly Held Shares of standards,24 is compelling evidence that trading on such exchange is not subject $45 million under the Equity Standard; the sale is substantial enough in size to to the new requirements applicable to or Market Value of Unrestricted Publicly be indicative of the company’s overall Direct Listings. Held Shares of $50 million and Market value. Clarification of the Role of a Financial Value of Listed Securities of $187.5 Nasdaq believes that recent, Advisor in a Direct Listing million under the Market Value substantial in size, arm’s-length tender Standard; or Market Value of offers for cash by an unaffiliated third In 2014, Nasdaq first adopted rules to Unrestricted Publicly Held Shares of party, sales between unaffiliated third allow the use of the Nasdaq IPO Cross $50 million under the Total Assets/ parties involving the company’s equity to initiate trading in securities that have Total Revenue Standard.21 securities, or equity security sales by the not been listed on a national securities To list on the Nasdaq Capital Market, company, with de minimis insider exchange or traded in the over-the- such evidence must show a minimum participation, indicating the company counter market pursuant to FINRA Form bid price of at least $10 per share; exceeds 250% of the otherwise 211 immediately prior to the initial Market Value of Unrestricted Publicly applicable price-based requirements pricing and described the role of Held Shares of $12.5 million under the will give a significant degree of comfort financial advisors in that process.25 At Net Income Standard; or Market Value that the company will meet the that time, the Exchange added Rule of Unrestricted Publicly Held Shares of applicable price-based requirements 4120(c)(9) 26 to set forth the process by $37.5 million under the Equity upon commencement of trading. Nasdaq which trading commences in such Standard; or Market Value of also believes that recent, substantial in securities. Under that rule, securities of Unrestricted Publicly Held Shares of size (representing at least 20% of the companies that have not previously $37.5 million and Market Value of applicable Market Value of Unrestricted been listed on a national securities Listed Securities of $125 million under Publicly Held Shares) tender offers for exchange or traded in the over-the- the Market Value Standard.22 cash by the company indicating the counter market pursuant to FINRA Form Nasdaq believes that sales of the company exceeds 250% of the 211 immediately prior to listing on company’s equity securities otherwise applicable price-based Nasdaq can be launched for trading representing at least 20% of the requirements is compelling evidence of using the IPO Cross. Prior to that rule applicable Market Value of Unrestricted the company’s value notwithstanding change, securities of companies that Publicly Held Shares on the Nasdaq the company’s involvement in the were not conducting IPOs were released Capital Market thus demonstrating a pricing of the transaction, because it is, using the Halt Cross outlined in Rule payment in excess of $1 million for a in Nasdaq’s view, unlikely that the 4120(c)(7), which differed from the IPO company listing under the Net Income company would misprice the securities Cross.27 Standard or in excess of $3 million for purchased in a tender offer for cash to The 2014 Rule Change extended the a company listing under other the degree necessary for a company safeguards contained in the IPO Cross to standards,23 is compelling evidence that using this provision to fail to meet the securities that have not been listed on the sale is substantial enough in size to applicable initial listing requirement a national securities exchange or traded be indicative of the company’s overall upon listing, in particular because of the in the over-the-counter market pursuant value. substantial size of the transaction. In to FINRA Form 211 immediately prior Similarly, Nasdaq believes that sales addition, Nasdaq believes that the new to the initial pricing and established of the company’s equity securities requirement that such securities must that a broker-dealer serving in the role representing at least 20% of the begin trading on Nasdaq following the of financial advisor to the issuer could applicable Market Value of Unrestricted initial pricing through the IPO Cross serve in the same capacity for such Publicly Held Shares on the Nasdaq will help assure these securities begin securities as the underwriter does for Global Market thus demonstrating a trading close to their inherent value. payment in excess of $1.6 million for a 25 Securities Exchange Act Release No. 71931 Foreign Exchange Listings (April 11, 2014), 79 FR 21829 (April 17, 2014) (SR– company listing under the Net Income NASDAQ–2014–032) (the ‘‘2014 Rule Change’’). For a company transferring from a Nasdaq stated that ‘‘an advisor, with market 21 See Listing Rules 5405(a) and (b), which foreign regulated exchange where there knowledge of the book and an understanding of the generally require minimum bid price of at least $4 is a broad, liquid market for the company and its security, would be well placed to per share; Market Value of Unrestricted Publicly company’s shares, or listing on Nasdaq provide advice on when the security should be Held Shares of $8 million under the Income released for trading.’’ The 2014 Rule Change at Standard; or Market Value of Unrestricted Publicly while trading on such exchange, Nasdaq 21830. Held Shares of $18 million under the Equity will determine that the company has 26 In 2014, Nasdaq filed SR–NASDAQ–2014–081 Standard; or Market Value of Unrestricted Publicly met the applicable price-based modifying the functions that are performed by an Held Shares of $20 million and Market Value of requirements based on the recent underwriter with respect to an initial public Listed Securities of $75 million under the Market trading in such market. Nasdaq believes offering and renumbered certain paragraphs of Rule Value Standard; or Market Value of Unrestricted 4120. Securities Exchange Act Release No. 73399 Publicly Held Shares of $20 million under the Total that the price of the issuer’s securities (October 21, 2014), 79 FR 63981 (October 27, 2014) Assets/Total Revenue Standard. from such broad and liquid trading is (approving SR–NASDAQ–2014–081). All references 22 See Listing Rules 5505(a) and (b), which predictive of the price in the market for in this filing are to the renumbered rules, as generally require minimum bid price of at least $4 the common stock that will develop currently in effect. per share; Market Value of Unrestricted Publicly 27 The Halt Cross process has a shorter quoting Held Shares of $5 million under the Net Income upon listing of the securities on Nasdaq. period (five minutes) and provides no ability to Standard; or Market Value of Unrestricted Publicly While this is consistent with Nasdaq’s extend the quoting period in the event trading Held Shares of $15 million under the Equity current practice, Listing Rules IM– interest or volatility in the market appears likely to Standard; or Market Value of Unrestricted Publicly 5405–1(a)(4) and IM–5505–1(a)(4) will have a material impact on the security, unless there Held Shares of $15 million and Market Value of is an order imbalance as defined in the rule. See Listed Securities of $50 million under the Market clarify that a company transferring from the 2014 Rule Change for additional details on the Value Standard. differences between the Halt Cross and the IPO 23 Id. 24 See footnote 21 above. Cross.

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IPOs. Specifically, Rule 4120(c)(9) is listing under IM–5315–1.33 Nasdaq facilitating transaction in securities, to provides that the IPO Cross process now proposes to amend Rule 4753 to remove impediments to and perfect the described in Rules 4120 and 4753 is allow for securities listed pursuant to mechanism of a free and open market available to securities that have not been Listing Rules IM–5405–1 and IM–5505– and a national market system and, in listed on a national securities exchange 1 to be launched for trading using the general, to protect investors and the or traded in the over-the-counter market IPO Cross, subject to additional public interest. pursuant to FINRA Form 211 requirements in the proposed Listing Calculation of Price-Based Initial Listing immediately prior to the initial pricing Rules IM–5405–1 and IM–5505–1. Requirements where ‘‘a broker-dealer serving in the Nasdaq also proposes to require that role of financial advisor to the issuer of all securities listed under Listing Rules The proposed rule change to require the securities being listed is willing to IM–5405–1 and IM–5505–1 must begin a Valuation and describe how Nasdaq perform the functions under Rule trading on Nasdaq following the initial will calculate compliance with the 4120(c)(8) that are performed by an pricing through the IPO Cross. To that price-based requirements for listing on underwriter with respect to an initial end, Nasdaq proposes to cross reference the Nasdaq Global and Capital Markets public offering.’’ 28 Rule 4120(c)(8) in Listing Rules IM– is designed to protect investors and the 5405–1 and IM–5505–1 to require that Rule 4753 provides the definition of public interest because any company the company, in accordance with Rule Current Reference Price and a relying solely on a Valuation will have 4120(c)(9), must have a broker-dealer description of the calculation of the to demonstrate that the company serving in the role of financial advisor price at which the Nasdaq Halt Cross exceeds 200% of the otherwise to the issuer of the securities being will occur.29 In each case, the applicable applicable price-based requirement, listed, who is willing to perform the price could be determined based on the which will give a significant degree of functions under Rule 4120(c)(8) that are issuer’s IPO price.30 In the absence of an comfort that upon commencement of performed by an underwriter with IPO price from the underwriter, Nasdaq trading the company will meet the respect to an initial public offering. In 36 believes that the only viable options are applicable price-based requirements. addition, Nasdaq proposes to require to rely on a price from recent sustained In addition, having in place that each company qualified for listing trading the Private Placement Market 31 independence standards for the party under Listing Rules IM–5405–1 and IM– or one provided by the financial advisor providing a Valuation will ensure that 5505–1 must list its securities upon to the company. the entity providing a Valuation for effectiveness of a Securities Act of 1933 purposes of listing on Nasdaq will have Nasdaq has successfully employed, in registration statement filed solely for the a significant level of independence from limited circumstances, the IPO Cross for purpose of allowing existing the listing applicant and thereby securities that have not been listed on shareholders to sell their shares. enhance the reliability of such a national securities exchange or traded Finally, Nasdaq proposes to define Valuation. in the over-the-counter market pursuant ‘‘Direct Listing’’ in Listing Rule IM– Finally, in addition to the proposed to FINRA Form 211 immediately prior 5315–1 and update the title without new requirements, Direct Listings are to the initial pricing since 2014 32 and further modification to that rule section. subject to all initial listing requirements following the 2019 Rule Change. Nasdaq Nasdaq also proposes to update the applicable to equity securities and, continues to believe that financial reference to ‘‘direct listings under IM– subject to applicable exemptions, the advisors to issuers seeking to utilize that 5315–1’’ in Listing Rule IM–5900–7 as corporate governance requirements set process are well placed to perform the a defined term without changing the forth in the Rule 5600 Series. Nasdaq’s functions that are currently performed substance of this rule. existing requirements are designed to by underwriters with respect to an 2. Statutory Basis protect investors and serve to help initial public offering. assure that securities listed on Nasdaq In the 2019 Rule Change, Nasdaq The Exchange believes that its have sufficient investor interest and will elaborated on the role of a financial proposal is consistent with Section 6(b) trade in a liquid manner. As such, advisor to the issuer of a security that of the Act,34 in general, and furthers the Nasdaq believes these provisions protect objectives of Section 6(b)(5) of the Act,35 investors and the public interest in 28 Subsequent to the 2014 Rule Change, Nasdaq in particular, in that it is designed to accordance with Section 6(b)(5) of the expanded and elaborated the functions that are promote just and equitable principles of Exchange Act. performed by an underwriter with respect to an trade, to foster cooperation and The proposed rule change also initial public offering. See footnote 26, above. Rule coordination with persons engaged in 4120(c)(9) requires a broker-dealer serving in the protects investors and the public role of a financial advisor to the issuer of the regulating, clearing, settling, processing interest by requiring that there be securities being listed to perform all such functions information with respect to, and sustained recent trading in the Private in order for the issuer to utilize the IPO Cross for Placement Market in order for a Direct the initial pricing of the security. 33 Specifically, Nasdaq amended Rules Listing to rely on such price to 29 Rules 4753(a)(3)(A) and 4753(b)(2)(D). 4753(a)(3)(A)(iv) and 4753(b)(2)(D) to state that in 30 Rules 4753(a)(3)(A)(iv)a. and 4753(b)(2)(D)(i). the case of the initial pricing of a Direct Listing for demonstrate compliance with the The price closest to the ‘‘Issuer’s Initial Public a security qualifying for listing under Listing Rule applicable price-based requirements. Offering Price’’ is the fourth tie-breaker in these IM–5315–1, the fourth tie-breaker in calculating Nasdaq believes that the price from such rules, applicable when no single price is each of the Current Reference Price disseminated in sustained trading in the Private determined from the three prior tests. the Nasdaq Order Imbalance Indicator and the price Placement Market for the issuer’s 31 As described above, Nasdaq believes that the at which the Nasdaq Halt Cross will occur, price from such recent sustained trading in a respectively, shall be: (i) For a security that has had securities is predictive of the price in Private Placement Market for the issuer’s securities recent sustained trading in a Private Placement the market for the common stock that is predictive of the price in the market for the Market prior to listing, the most recent transaction will develop upon listing of the common stock that will develop upon listing of the price in that market or, (ii) if there is not such securities on Nasdaq and that qualifying securities on Nasdaq. See also proposed Listing sustained trading in a Private Placement Market, a Rules IM–5405–1(a)(5) and IM–5505–1(a)(5). price determined by the Exchange in consultation a company based on the lower of such 32 Among other instances, Nasdaq utilized the with the financial advisor to the issuer identified IPO Cross for the initial pricing of the common pursuant to Rule 4120(c)(9). See 2019 Rule Change. 36 See footnotes 21 and 22 above. The stock of American Realty Capital Healthcare Trust, 34 15 U.S.C. 78f(b). Commission notes that footnotes 16–18 above Inc. as indicated in the 2014 Rule Change. 35 15 U.S.C. 78f(b)(5). discuss the applicable requirements.

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trading price or the Valuation helps to demonstrate compliance with the and coordination with persons engaged assure that the company satisfies applicable price-based requirements in regulating, clearing, settling, Nasdaq’s requirements. In the absence based on a tender offer for cash by the processing information with respect to, of recent sustained trading in the Private company or an unaffiliated third party, and facilitating transaction in securities, Placement Market, the requirement to a sale between unaffiliated third parties remove impediments to and perfect the demonstrate that the company exceeds involving the company’s equity mechanism of a free and open market 200% of the otherwise applicable price- securities, or equity security sales by the and a national market system and based requirement, similarly helps company, because such transactions, in protect investors and the public assure that the company satisfies addition to being recent and substantial interest.38 Nasdaq’s requirement by imposing a in size, must also have been conducted standard that is double the otherwise in a manner that helps assure that such Clarification of the Role of a Financial applicable standard.37 transactions adequately support the Advisor in a Direct Listing The proposed rule change to allow a value of the company. To that end, Nasdaq believes that the proposed company in certain unique Nasdaq proposes to require that such rule change to modify the fourth tie- circumstances to list without a transactions cannot involve affiliates of breaker used in calculating the Current Valuation is designed to protect the company unless such participation Reference Price disseminated in the investors and the public interest is de minimis. To be considered de Nasdaq Order Imbalance Indicator and because it requires such company to minimis, the transaction must comply the price at which the Nasdaq Halt produce compelling evidence that the with the requirement that and the Cross will occur, protects investors and security’s price, Market Value of Listed company must certify to Nasdaq in the public interest. The 2019 Rule Securities and Market Value of writing that: Any affiliate’s participation Change established that, in using the Unrestricted Publicly Held Shares must be less than 5% of the transaction IPO Cross to initiate the initial trading exceed 250% of the otherwise (and all affiliates’ participation in the company’s securities, the Current applicable requirement. Moreover, in collectively must be less than 10% of Reference Price and price at which the order to be considered compelling, such the transaction), such participation must Nasdaq Halt Cross will occur may be evidence of the company’s value must have been suggested or required by based on the most recent transaction be based on a tender offer for cash by unaffiliated investors and the affiliates price in a Private Placement Market the company or an unaffiliated third must not have participated in where the security has had recent party or on a sale between unaffiliated negotiating the economic terms of the sustained trading in such a market over third parties involving the company’s transaction. several months; otherwise the price will equity securities, or equity security sales The proposed requirement that a be determined by the Exchange in by the company. In addition, such company that lists on the Nasdaq Global consultation with a financial advisor to transactions must be recent, completed or Capital Markets through a Direct the issuer. The proposed rule change (and, in the case of a tender offer, Listing must list at the time of simply provides that in addition to the commenced and completed) within the effectiveness of a registration statement initial pricing of a security listing under prior six months, and substantial in filed under the Securities Act of 1933 Listing Rules IM–5315–1 the same size, representing sales of at least 20% solely for the purpose of allowing process will occur for securities listing of the applicable Market Value of existing shareholders to sell their shares under IM–5405–1 or IM–5505–1. Unrestricted Publicly Held Shares is designed to protect investors and the Where there has been sustained recent requirement which helps assure, in public interest, because it will ensure trading on a Private Placement Market Nasdaq’s view, that the company such companies satisfy the rigorous over several months, Nasdaq believes satisfies the applicable price-based disclosure requirements under the the most recent price from such trading requirement upon commencement of Securities Act of 1933 and are subject to is predictive of the price that will trading on Nasdaq. Finally, recent, review by Commission staff. develop upon listing of the securities on Finally, the proposal to rely on the substantial in size (representing at least Nasdaq. Where there has not been such price from the existing trading market 20% of the applicable Market Value of sustained recent trading, Nasdaq notes for a company transferring from a Unrestricted Publicly Held Shares) that financial advisors have been foreign regulated exchange or listing on tender offers for cash by the company performing the functions of the Nasdaq while trading on such exchange indicating the company exceeds 250% underwriter in the IPO Cross on a is consistent with the protection of of the otherwise applicable price-based limited basis since 2014 and following investors because the price from the requirements is compelling evidence of the 2019 Rule Change and have market the company’s value notwithstanding broad and liquid trading market for the issuer’s securities is predictive of the knowledge of buying and selling interest the company’s involvement in the and an understanding of the company pricing of the transaction, because, in price in the market for the common stock that will develop upon listing of and its security. As such, Nasdaq Nasdaq’s view, it is unlikely that the believes that the rule change will company would misprice the securities the securities on Nasdaq. This provision applies only where there is a broad, promote fair and orderly markets purchased in a tender offer for cash to because these mechanisms of the degree necessary for a company liquid market for the company’s shares in its country of origin and is designed establishing the Current Reference Price using this provision to fail to meet the to clarify that a company transferring and the price at which the Nasdaq Halt applicable initial listing requirement from a foreign regulated exchange or Cross will occur will help protect upon listing, in particular because of the listing on Nasdaq while trading on such against volatility in the pricing and substantial size of the transaction. exchange that satisfies Listing Rules IM– initial trading of the securities covered The proposed rule change also by the proposed rule change. protects investors and the public 5405–1(a)(4) or IM–5505–1(a)(4) is not interest by requiring that for a company subject to the new requirements applicable to Direct Listings. Enhancing 38 Provisions of Listing Rules IM–5405–1(a)(4) and IM–5505–1(a)(4) are identical to Listing Rule 37 See footnotes 21 and 22, above. The transparency around this requirement IM–5315–1(c) applicable to Direct Listings on the Commission notes that footnotes 16–18 above will promote just and equitable Nasdaq Global Select Market, which was adopted discuss the applicable requirements. principles of trade, foster cooperation in the 2019 Rule Change.

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Similarly, the proposed requirement III. Discussion and Commission been listed on a national securities that a company that lists on the Nasdaq Findings exchange or traded in the over-the- Global or Capital Markets through a After careful review, the Commission counter market pursuant to FINRA Form Direct Listing must begin trading of the finds that the proposed rule change, as 211 immediately prior to the initial company’s securities following the modified by Amendment No. 1, is pricing, may wish to list those securities initial pricing through the IPO Cross consistent with the requirements of the on the Exchange to allow existing will promote fair and orderly markets by Exchange Act and the rules and shareholders to sell their shares in an 43 protecting against volatility in the regulations thereunder applicable to a initial listing on the Exchange. The pricing and initial trading of national securities exchange.39 In Exchange therefore has proposed to unseasoned securities covered by the particular, the Commission finds that adopt listing requirements to permit it proposed rule change. Accordingly, the proposed rule change, as modified to list on the Nasdaq Global and Capital Nasdaq believes these changes, as by Amendment No. 1, is consistent with Markets securities of a company whose required by Section 6(b)(5) of the Section 6(b)(5) of the Exchange Act,40 stock has not previously been registered Exchange Act, are reasonably designed which requires, among other things, that under the Exchange Act and is listing, to protect investors and the public the rules of a national securities without a related underwritten offering, interest and promote just and equitable exchange be designed to prevent upon the effectiveness of a registration principles of trade for the opening of fraudulent and manipulative acts and statement under the Securities Act of securities listing in connection with a practices, to promote just and equitable 1933 (‘‘Securities Act’’) that is Direct Listing on the Nasdaq Global or principles of trade, to remove registering only the resale of shares sold Capital Markets. impediments to and perfect the by the company in earlier private placements (‘‘Direct Listing’’).44 The Finally, Nasdaq believes that the mechanism of a free and open market Exchange’s listing standards currently proposed rule change to update the title and a national market system, and, in contain requirements applicable to of Listing Rule IM–5315–1, to insert the general, to protect investors and the Direct Listings listed on the Nasdaq defined term ‘‘Direct Listing’’ into the public interest. Section 6(b)(5) of the Global Select Market.45 existing language of this rule and to Exchange Act 41 also requires that the rules of an exchange not be designed to The Commission believes that the update the reference to ‘‘direct listings proposed rule change will provide a under IM–5315–1’’ in Listing Rule IM– permit unfair discrimination between customers, issuers, brokers, or dealers. means for a category of companies with 5900–7 using a defined term, does not securities that have not previously been change the substance of these rules and The Commission has consistently recognized the importance of exchange traded on a public market that are protects investors and the public listing only upon effectiveness of a interest by clarifying the applicability of listing standards. Among other things, such listing standards help ensure that selling shareholder registration these rules and making it easier to statement, without a related understand. exchange listed companies will have sufficient public float, investor base, underwritten offering, and that would B. Self-Regulatory Organization’s and trading interest to provide the depth not qualify to list under the Nasdaq Statement on Burden on Competition and liquidity necessary to promote fair Global Select Market standards, to list 46 and orderly markets.42 on the Exchange’s other tiers. In The Exchange does not believe that The Exchange has stated that it the proposed rule change will impose recognizes that some companies whose 43 See supra note 8 and accompanying text. 44 any burden on competition not stock was not previously registered See proposed Nasdaq Rules IM–5405–1 and necessary or appropriate in furtherance IM–5505–1. For purposes of this Discussion and under the Exchange Act and that have Commission Findings section, the Commission of the purposes of the Act. sold common equity securities in refers to ‘‘Direct Listing’’ as defined in this The proposed rule change to adopt private placements, and which have not paragraph. The Commission notes that Nasdaq has Listing Rules IM–5405–1 and IM–5505– agreed to submit a subsequent proposed rule change that would adopt a global definition for Direct 1 is designed to provide transparency to 39 15 U.S.C. 78f(b). In approving this proposed Listings that includes these characteristics as the mechanism of listing securities in rule change, the Commission has considered the described in the preamble to Nasdaq Rule IM– proposed rule change’s impact on efficiency, 5315–1 and proposed Nasdaq Rules IM–5405–1 and connection with a Direct Listing on the competition, and capital formation. See 15 U.S.C. Nasdaq Global or Capital Markets that is IM–5505–1. See supra note 8. 78c(f). 45 See Nasdaq Rule IM–5315–1. See also appropriately protective of investors 40 15 U.S.C. 78f(b)(5). Securities Exchange Act Release No. 85156 and is not designed to limit the ability 41 Id. (February 15, 2019), 84 FR 5787 (February 22, 2019) of the issuers of those securities to list 42 The Commission has stated in approving (SR–NASDAQ–2019–001) (notice of filing and them on any other national securities exchange listing requirements that the development immediate effectiveness of proposed rule change to and enforcement of adequate standards governing adopt Nasdaq Rule IM–5315–1). The Exchange’s exchange. the listing of securities on an exchange is an activity listing standards pertaining to Direct Listings on the In addition, the proposed change is of critical importance to the financial markets and Nasdaq Global Select Market are substantially the investing public. In addition, once a security similar to listing standards that the Commission designed to extend the availability of has been approved for initial listing, maintenance approved for another exchange. See Securities the IPO Cross to securities listing on criteria allow an exchange to monitor the status and Exchange Act Release Nos. 82627 (February 2, Nasdaq under IM–5405–1 or IM–5505– trading characteristics of that issue to ensure that 2018), 83 FR 5650 (February 8, 2018) (SR–NYSE– 1 and thus impacts the determination of it continues to meet the exchange’s standards for 2017–30) (‘‘2018 Order’’) (approving listing market depth and liquidity so that fair and orderly standards for companies that list without a prior the initial pricing of securities upon markets can be maintained. See, e.g., Securities Exchange Act registration and that are not listing in listing Nasdaq and will have no impact Exchange Act Release Nos. 81856 (October 11, connection with an underwritten initial public on competition. 2017), 82 FR 48296, 48298 (October 17, 2017) (SR– offering); 58550 (September 15, 2008), 73 FR 54442 NYSE–2017–31); 81079 (July 5, 2017), 82 FR 32022, (September 19, 2008) (SR–NYSE–2008–68) (‘‘2008 C. Self-Regulatory Organization’s 32023 (July 11, 2017) (SR–NYSE–2017–11). The Order’’) (approving proposal to allow the exchange Statement on Comments on the Commission notes that, in general, adequate listing to determine that a company meets the exchange’s Proposed Rule Change Received From standards, by promoting fair and orderly markets, market value listing requirements by relying on a are consistent with Section 6(b)(5) of the Exchange third-party valuation of the company). Members, Participants, or Others Act, in that they are, among other things, designed 46 The Nasdaq Global Select Market has the to prevent fraudulent and manipulative acts and highest quantitative listing requirements to list on No written comments were either practices, promote just and equitable principles of Nasdaq, followed by the Nasdaq Global Market and solicited or received. trade, and protect investors and the public interest. then the Nasdaq Capital Market.

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particular, for companies that otherwise has recognized that the most recent applicable price-based requirement will meet the Exchange’s listing standards trading price in a Private Placement give a significant degree of comfort that for the Nasdaq Global Market or Nasdaq Market may be an imperfect indication the company will meet the applicable Capital Market, respectively,47 the as to the value of a security upon listing, initial listing price-based requirements proposed rule change sets forth how the in part because Private Placement upon commencement of trading.’’ 55 The Exchange will determine whether a Markets generally do not have the depth Commission believes that requiring a company satisfies the initial listing and liquidity and price discovery company that does not have a recent requirements for these markets that are mechanisms found on public trading and sustained history of trading its based on the price of security, which are markets.51 The proposed rule requires, securities in a Private Placement Market currently the bid price, Market Value of however, the Exchange to examine the to provide a Valuation that shows that Listed Securities, and Market Value of trading price trends in the Private the company exceeds 200% of the Unrestricted Publicly Held Shares Placement Market over a period of otherwise applicable price-based initial requirements.48 several months prior to listing and listing requirements could provide the Under the proposal, the Exchange specifies that the Exchange will only Exchange with a reasonable level of would generally require a company rely on a Private Placement Market price assurance that the company will meet listing securities under the proposed it if is consistent with a sustained the Market Value of Listed Securities, Direct Listing standards to provide an history over a several month period Market Value of Unrestricted Publicly independent third-party Valuation that evidencing a market value in excess of Held Shares, and bid price requirements would be used as described below, with Nasdaq’s market value requirement.52 to support listing on the Exchange and certain differences depending on The Commission therefore agrees with the maintenance of fair and orderly whether or not there is sustained trading the Exchange that consideration of both markets in accordance with the in a Private Placement Market, to of these values (i.e., the Valuation and Exchange Act. determine whether the company has trading on a Private Placement Market) The Commission has previously met the price-based initial listing should provide the Exchange with an recognized that a Valuation used to 49 requirements. estimation of a company’s Market Value qualify a company for listing is only an For a company whose security has of Listed Securities, Market Value of estimate of what a company’s true had sustained recent trading in a Private Unrestricted Publicly Held Securities, market value and security price will be Placement Market, the Exchange and bid price that can support upon commencement of public 56 generally will attribute a price, Market qualifying the company’s securities for trading. The Exchange’s rules seek to Value of Listed Securities, and Market Exchange listing under the initial listing ensure that the Valuation used in the Value of Unrestricted Publicly Held standards.53 Further, by assessing listing standards described above is Shares to the company equal to the whether a company meets price-based reliable by requiring it to be provided by lesser of (i) the value calculable based initial listing requirements using the an independent third party that has on a Valuation and (ii) the value lesser of the Valuation and a value based significant experience and demonstrable calculable based on the most recent on the most recent Private Placement competence in providing valuations of trading price in a Private Placement Market trading, the Exchange will be companies, and to be of a recent date as Market.50 The Commission believes that using the more conservative estimate to of the time of approval of the company using the lesser of these values to 57 determine whether the company for listing. The proposed determine whether the company has qualifies to list under the Nasdaq Global independence criteria provide that the met the Exchange’s price-based initial valuation agent will not be or Capital Market standards. listing requirements provides a ‘‘independent’’ if the valuation agent, or For a company whose security has not reasonable means of assessing these any affiliated person, owns in the had sustained recent trading in a Private metrics in the special circumstances aggregate more than 5% of the securities Placement Market, the Exchange where a company’s stock is not to be listed,58 or has provided generally will determine that the previously registered under the investment banking services to the company has met its bid price, Market Exchange Act and is listing upon company in the 12 months prior to the Value of Listed Securities, and Market effectiveness of a selling shareholder Valuation or in connection with the Value of Unrestricted Publicly Held registration statement, without a related listing.59 The Commission believes that, Shares requirements if the company underwritten offering. The Commission consistent with Section 6(b)(5) of the provides a Valuation evidencing that Exchange Act and the protection of 47 Companies listing upon an effective these metrics exceed 200% of the 54 registration statement would have to meet the otherwise applicable requirements. 55 See supra Section II.A.1, Calculation of Price- distribution and minimum bid price requirements According to the Exchange, ‘‘a recent based Initial Listing Requirements. set forth in Nasdaq Rules 5405(a) or 5505(a) and one Valuation indicating that the company 56 See 2008 Order, supra note 45, 73 FR at 54443. of the financial standards set forth in Nasdaq Rules 57 See proposed Nasdaq Rules IM–5405–1(a)(1) 5405(b) or 5505(b), as well as comply with all other exceeds 200% of the otherwise and (2) and IM–5505–1(a)(1) and (2) (incorporating applicable Nasdaq rules, including the corporate by reference Nasdaq Rule IM–5315–1(e) and (f)). governance requirements. See supra notes 16–18, 51 See 2008 Order, supra note 45, 73 FR at 54443. The Commission notes that Nasdaq Rule IM–5315– 52 21–22, and accompanying text for a description of See proposed Nasdaq Rules IM–5405–1(a)(5) 1(e), incorporated by reference into proposed some of the requirements in Nasdaq Rules 5405(a) and IM–5505–1(a)(5). In relying on the price in a Nasdaq Rules IM–5405–1(a)(1) and (2) and IM– and (b) and 5505(a) and (b) and how they would Private Placement Market, the Commission has 5505–1(a)(1) and (2), includes additional apply to Direct Listings. See also infra note 75 and previously stated that a national security exchange requirements that must be satisfied before the accompanying text. should consider the trading characteristics of the Exchange can rely on a Valuation, such as requiring 48 See proposed Nasdaq Rules IM–5405–1(a) and stock, including its trading volume and price that the evaluator must have considered, among IM–5505–1(a). This Discussion and Commission volatility over a sustained period of time. See 2008 other factors, the annual financial statements Findings section refers to the bid price, Market Order, supra note 45, 73 FR at 54444. See also infra required to be included in the registration Value of Listed Securities, and Market Value of note 71. statement. Unrestricted Publicly Held Shares requirements as 53 See 2008 Order, supra note 45, 73 FR at 54443– 58 This calculation of ownership will include any the ‘‘price-based initial listing requirements.’’ 44. right to receive such securities exercisable within 49 See proposed Nasdaq Rules IM–5405–1(a)(1) 54 See proposed Nasdaq Rules IM–5405–1(a)(2) 60 days. and (2) and IM–5505–1(a)(1) and (2). and IM–5505–1(a)(2). See also supra notes 16–18 59 See proposed Nasdaq Rules IM–5405–1(a)(1) 50 See proposed Nasdaq Rules IM–5405–1(a)(1) and accompanying text, which set forth the and (2) and IM–5505–1(a)(1) and (2) (incorporating and IM–5505–1(a)(1). increased requirements. by reference Nasdaq Rule IM–5315–1(f)).

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investors, these independence qualify the company for listing. Further, trading over several months evidencing requirements should help to ensure that the requirement that the company a market value in excess of the listing the Valuation is reliable.60 provide written certification to the requirement.70 In addition, in relying on In addition, the Exchange will be able Exchange of compliance with these new the Valuation, Nasdaq has represented to approve a security for listing if, in rules will provide clarity and give the that it will consider any market factors lieu of a Valuation, the company Exchange a means to obtain necessary or factors particular to the listing provides other compelling evidence that information to ensure compliance. With applicant that would cause concern that the security’s price, Market Value of respect to a tender offer used as the value of the company had Listed Securities, and Market Value of evidence of compliance with price- diminished since the date of the Unrestricted Publicly Held shares based initial listing requirements, the Valuation and continue to monitor the exceed 250% of the otherwise Commission also notes that the tender company and the appropriateness of applicable requirement.61 The Exchange offer will be subject, at a minimum, to relying on the Valuation up until the will be allowed to consider as Section 14(e) of the Exchange Act and time of listing.71 Further, when compelling evidence a tender offer for Regulation 14E thereunder.66 Finally, considering whether to accept other cash by the company or an requiring that such evidence shows a compelling evidence of a company’s unaffiliated 62 third party, sales between value exceeding 250% of the otherwise value in lieu of a Valuation, the unaffiliated third parties involving the applicable price-based initial listing Exchange has stated that it will examine company’s equity securities, or equity requirements can provide the Exchange any such evidence produced by the security sales by the company.63 The with some reasonable level of assurance company to assure that it is indicative Commission believes that the that the company would satisfy the of the company’s overall value.72 Exchange’s proposed requirements that underlying price-based initial listing Nasdaq has stated that, if based on the limit the compelling evidence that the requirements.67 facts and circumstances, Nasdaq Exchange may accept in lieu of a The Commission notes that the determines that such evidence is not Valuation to these specific types of Exchange is not required to accept other reliable, the company will be required transactions, and that require that such evidence in lieu of a Valuation as to provide a Valuation meeting the transactions must have been completed evidence of compliance with its price- requirements of its rules.73 Such review 68 or, in the case of a tender offer, based initial listing requirements. of the transaction, as Nasdaq has commenced and completed, within the Additionally, in its proposal, the indicated, should help it determine prior six months, have represented at Exchange noted it has broad whether it is appropriate to rely on the least 20% of the applicable Market discretionary authority pursuant to transaction as providing a reliable Value of Publicly Held Shares Nasdaq Rule 5101 to consider whether indication of the company’s value when requirement, and not have involved the a company may appropriately be listed qualifying companies for listing under 69 company’s affiliates unless such on the Exchange. The proposed rule the new listing standards. participation meets the de minimis language requires, as noted above, that Based on the above, the Commission standards described below, should the Exchange will only rely on a price believes that the proposed initial listing provide a reasonable basis for the in a Private Placement Market if it is requirements can provide a reasonable Exchange to determine whether the consistent with a sustained history of basis for the Exchange to find that a transaction provides a reliable company has met the price-based initial 66 See 15 U.S.C. 78n(e) and 17 CFR 240.14e–1 to listing requirements (i.e., bid price, indication of the company’s value.64 17 CFR 24.014e–8. Market Value of Listed Securities, and The specified requirements for affiliate 67 See supra Section II.A.1, Calculation of Price- Market Value of Unrestricted Publicly participation to be considered de based Initial Listing Requirements (stating Nasdaq’s Held Shares) to support listing on the minimis,65 among other considerations, belief that recent, substantial in size, arm’s length Exchange and the maintenance of fair can aid the Exchange in assessing tender offers for cash by an unaffiliated third party, sales between unaffiliated third parties involving and orderly markets, thereby protecting whether it can rely on the transaction, the company’s equity securities, or equity security investors and the public interest in whether it be a sale or a tender offer, to sales by the company, with de minimis insider participation, indicating that the company exceeds accordance with Section 6(b)(5) of the 250% of the otherwise applicable price-based Exchange Act. The Commission also 60 See 2018 Order, supra note 45, 83 FR at 5654 requirements, will give a significant degree of (approving independence standards for the entity notes that companies listing pursuant to comfort that the company will meet the applicable conducting the valuation and other requirements the new provisions will still be required price-based initial listing requirements; and that, as that must be satisfied for the exchange to rely on to an issuer tender offer that is recent, substantial to meet the listing prerequisites a valuation). in size, and that indicates the company exceeds 61 See proposed Nasdaq Rules IM–5405–1(a)(3) 250% of the otherwise applicable price based 70 See supra note 52 and accompanying text. See and IM–5505–1(a)(3). See also supra notes 21–22 requirements, such a tender offer is, in Nasdaq’s also proposed Nasdaq Rules IM–5405–1(a)(5) and and accompanying text, which set forth the view, compelling evidence of the company’s value IM–5505–1(a)(5). As noted by Nasdaq in its filing, increased requirements. because it is unlikely the company would misprice limited trading in a Private Placement Market may 62 The Commission notes that Nasdaq will rely on the securities purchased to the degree necessary to not be sufficient for the Exchange to reach a the definition of ‘‘affiliate’’ in SEC Rule 10A–3(e), fail to meet the applicable initial listing conclusion that the company meets the applicable 17 CFR 240.10A–3(e), to determine if a party to a requirements). price-based requirements. See supra note 15. transaction is an affiliate of the company or a third- 68 See proposed Nasdaq Rules IM–5405–1(a)(3) 71 See supra note 11 and accompanying text. party participant is unaffiliated with the company. and IM–5505–1(a)(3), which state that ‘‘in lieu of a Nasdaq further noted in its filing that it may See supra Section I.A.1. Valuation Nasdaq may (but is not required to) withdraw its approval of the listing at any time 63 See proposed Nasdaq Rules IM–5405–1(a)(3) accept other compelling evidence.’’ prior to the listing date it if it believes that the and IM–5505–1(a)(3). 69 See supra note 11. Nasdaq Rule 5101 states that Valuation no longer accurately reflects the 64 See proposed Nasdaq Rules IM–5405–1(a)(3)(i) the exchange has broad discretionary authority to company’s likely market value. See supra note 11 and (ii) and IM–5505–1(a)(3)(i) and (ii). deny initial listing, apply additional or more and accompanying text. 65 The de minimis standard requires that affiliate stringent criteria for initial or continued listing, or 72 See supra Section II.A.1, Calculation of Price- participation be less than 5% individually or less suspend or delist particular securities based on any based Initial Listing Requirements. than 10% collectively, that participation be event, condition or circumstance that exists or 73 See supra Section II.A.1, Calculation of Price- suggested or required by unaffiliated investors, and occurs that makes initial or continued listing of the based Initial Listing Requirements. For the that affiliates not have participated in negotiating securities on the Exchange inadvisable or requirements for such Valuation, see Nasdaq Rule the economic terms of the transaction. See proposed unwarranted in the opinion of the Exchange, even IM–5315–1(e) and (f) and proposed Nasdaq Rules Nasdaq Rules IM–5405–1(a)(3)(ii)(C)(1)–(3) and IM– though the securities meet all enumerated criteria IM–5405–1(a)(1) and (2) and IM–5505–1(a)(1) and 5505–1(a)(3)(ii)(C)(1)–(3). for initial or continued listing on the Exchange. (2).

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contained in Nasdaq Rule 5210, as well tie-breaker used in calculating the applicable to Direct Listing will not as the corporate governance Current Reference Price and apply in such circumstances, thereby requirements detailed in the 5600 series determining the opening price of the supporting listing on the Exchange and of rules. Furthermore, the Commission security will be the most recent the maintenance of fair and orderly notes that companies listing pursuant to transaction price in the Private markets and the public interest in the proposed provisions will be Placement Market (for a security that accordance with Section 6(b)(5) of the required to comply with the distribution has had recent sustained trading in a Exchange Act. requirements contained in Nasdaq Rules Private Placement Market prior to The Commission believes that the 5405 and 5505, i.e., that the company listing) or the price determined by the proposed changes to Nasdaq Rule IM– have 400 or 300 Round Lot Holders, as Exchange in consultation with the 5315–1 to make Direct Listings, as applicable, and 1,100,000 or 1,000,000 financial advisor to the issuer.77 The described therein, a defined term and Unrestricted Publicly Held Shares, as proposal would extend these pricing add to the caption that these applicable, and comply with other provisions to Direct Listings on the requirements apply to the Nasdaq requirements that vary depending on Nasdaq Global and Capital Markets.78 Global Select Market will provide which listing standard the company The Commission believes that clarity to the Exchange’s rules. The uses to qualify for listing.74 The specifying that the IPO Cross must be Commission notes that the proposed Commission believes that these existing used to open the securities, and relying rule change will not modify any provisions should continue to help on the most recent transaction price in substantive requirements for Direct ensure that the company has the the Private Placement Market or a price Listings on the Nasdaq Global Select requisite liquidity for listing on the determined by the Exchange in Market. The Commission also believes Exchange. consultation with the issuer’s financial that updating the numbering for current In addition, securities qualified for advisor for purposes of the fourth tie- Nasdaq Rule IM–5505 to proposed listing under the proposed listing breaker in the cross, should help Nasdaq Rule IM–5505–2 and using the requirements for the Nasdaq Global or establish a reliable Current Reference defined term Direct Listing in proposed Capital Markets, which are listing Price and the price at which the match Nasdaq Rule IM–5900–7 are also non- without a related underwritten public will occur, and thereby facilitate the substantive changes that will provide offering, must list upon effectiveness of opening of these securities when trading clarity to the Exchange’s rules, a registration statement pursuant to the first commences on the Exchange for consistent with the protection of Securities Act filed solely for the certain securities not listed in investors and the public interest under purpose of allowing existing connection with an underwritten IPO. Section 6(b)(5) of the Exchange Act. shareholders to sell their shares.75 The The Commission believes these changes, For the reasons discussed above, the Commission believes that this consistent with Section 6(b)(5) of the Commission finds that the proposed requirement should help to ensure that Exchange Act, are reasonably designed rule change, as modified by Amendment investors and the market have access to to protect investors and the public No. 1, is consistent with the Exchange complete, accurate, and reliable interest and promote just and equitable Act. disclosure of material information principles of trade for the opening of needed for informed investment securities listed under the new IV. Solicitation of Comments on decisions and secondary market trading standards. Amendment No. 1 to the Proposed Rule of the listed securities. The Exchange has also proposed that, Change Under the proposed rule change, for a company transferring from a Interested persons are invited to securities that are not listed in foreign regulated exchange or submit written views, data, and connection with an underwritten initial concurrently listing on the Exchange arguments concerning whether public offering and instead qualify for and a foreign regulated exchange, the Amendment No. 1 is consistent with the listing under the listing requirements for Exchange will determine that the Exchange Act. Comments may be Direct Listings on the Nasdaq Global or company has met the applicable price- submitted by any of the following Capital Markets must begin trading on based requirements based on the most methods: the Exchange following initial pricing recent trading price in such market, through the IPO Cross procedures and provided that there is a broad, liquid Electronic Comments companies will be required to have a market for the company’s shares in its • Use the Commission’s internet broker-dealer serving in the role of country of origin.79 The Commission comment form (http://www.sec.gov/ financial advisor to the issuer who is believes that in these circumstances rules/sro.shtml); or willing to perform the functions under using the most recent trading price from • Send an email to rule-comments@ Nasdaq Rule 4120(c)(8) related to the the foreign regulated market will sec.gov. Please include File Number SR– opening of trading in the security that provide a reasonable basis for the NASDAQ–2019–059 on the subject line. would be performed by an underwriter Exchange to determine whether the Paper Comments in an underwritten initial public company meets the Exchange’s price- • offering.76 The Commission notes that based based initial listing requirements, Send paper comments in triplicate the Exchange’s rules currently provide and provide clarity that other to Secretary, Securities and Exchange that, in the case of initial price of a requirements described herein Commission, 100 F Street NE, security listed under the listing Washington, DC 20549–1090. requirements for Direct Listings on the 77 See Nasdaq Rules 4753(a)(3)(A)(iv)b. and All submissions should refer to File Nasdaq Global Select Market, the fourth (b)(2)(D)(ii). Number SR–NASDAQ–2019–059. This 78 See proposed Nasdaq Rules 4753(a)(3)(A)(iv)b. file number should be included on the and (b)(2)(D)(ii). 74 For example, some of the listing standards 79 See proposed Nasdaq Rules IM–5405–1(a)(4) subject line if email is used. To help the require certain levels of shareholder equity or and IM–5505–1(a)(4). The Commission notes that Commission process and review your operating history. See Nasdaq Rules 5405 and 5505. these proposed rules are the same as existing comments more efficiently, please use 75 See proposed Nasdaq Rules IM–5405–1(b)(ii) Nasdaq Rule IM–5315–1(c), which applies to the only one method. The Commission will and IM–5505–1(b)(ii). Nasdaq Global Select Market, and will extend this 76 See proposed Nasdaq Rules IM–5405–1(b) and provision to companies listing on the Nasdaq post all comments on the Commission’s IM–5505–1(b). Global and Capital Markets. internet website (http://www.sec.gov/

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rules/sro.shtml). Copies of the be compelling evidence will help the for the benefit of eligible employees of submission, all subsequent Exchange administer the requirements Lazard Asset Management LLC and its amendments, all written statements and provide clarity on what types of affiliates from certain provisions of the with respect to the proposed rule transactions may qualify. The Act. Each series of a Fund will be an change that are filed with the Commission has also found that the ‘‘employees’ securities company’’ Commission, and all written proposal, as modified by Amendment within the meaning of section 2(a)(13) of communications relating to the No. 1, is consistent with the Exchange the Act. proposed rule change between the Act for the reasons discussed herein. APPLICANTS: Lazard Asset Management Commission and any person, other than Accordingly, the Commission finds LLC, a Delaware limited liability those that may be withheld from the good cause for approving the proposed company (‘‘LAM’’) and Lazard ESC public in accordance with the rule change, as modified by Amendment Funds LLC, a Delaware limited liability provisions of 5 U.S.C. 552, will be No. 1, on an accelerated basis, pursuant company. available for website viewing and to Section 19(b)(2) of the Exchange FILING DATES: The application was filed printing in the Commission’s Public Act.81 on January 18, 2019 and was amended Reference Room, 100 F Street NE, VII. Conclusion on June 20, 2019 and September 24, Washington, DC 20549 on official 2019. It is therefore ordered, pursuant to business days between the hours of HEARING OR NOTIFICATION OF HEARING: An Section 19(b)(2) of the Exchange Act,82 10:00 a.m. and 3:00 p.m. Copies of the order granting the application will be that the proposed rule change (SR– filing also will be available for issued unless the Commission orders a NASDAQ–2019–059), as modified by inspection and copying at the principal hearing. Interested persons may request Amendment No. 1 thereto, be, and it office of the Exchange. All comments a hearing by writing to the hereby is, approved on an accelerated received will be posted without change. Commission’s Secretary and serving basis. Persons submitting comments are applicants with a copy of the request, cautioned that we do not redact or edit For the Commission, by the Division of personally or by mail. Hearing requests personal identifying information from Trading and Markets, pursuant to delegated should be received by the Commission 83 comment submissions. You should authority. by 5:30 p.m. on December 30, 2019, and submit only information that you wish Jill M. Peterson, should be accompanied by proof of to make available publicly. All Assistant Secretary. service on applicants, in the form of an submissions should refer to File [FR Doc. 2019–26405 Filed 12–6–19; 8:45 am] affidavit or, for lawyers, a certificate of Number SR–NASDAQ–2019–059 and BILLING CODE 8011–01–P service. Hearing requests should state should be submitted on or before the nature of the writer’s interest, the December 30, 2019. reason for the request, and the issues V. Accelerated Approval of the SECURITIES AND EXCHANGE contested. Persons who wish to be Proposed Rule Change, as Modified by COMMISSION notified of a hearing may request Amendment No. 1 [Investment Company Act Release No. notification by writing to the The Commission finds good cause to 33709; 813–00394] Commission’s Secretary. approve the proposed rule change, as ADDRESSES: Secretary, U.S. Securities Lazard Asset Management LLC and modified by Amendment No. 1, prior to and Exchange Commission, 100 F Street Lazard ESC Funds LLC the thirtieth day after the date of NE, Washington, DC 20549–1090; publication of notice of the filing of December 3, 2019. Applicants: 30 Rockefeller Plaza, New York, NY 10112. Amendment No. 1 in the Federal AGENCY: Securities and Exchange Register. The Commission notes that the Commission (‘‘Commission’’). FOR FURTHER INFORMATION CONTACT: Kyle R. Ahlgren, Senior Counsel, at (202) original proposal was published for ACTION: Notice. comment in the Federal Register and 551–6857, or Holly L. Hunter-Ceci, that the Commission received no Notice of application for an order Assistant Chief Counsel, at (202) 551– comments on the proposal.80 The under sections 6(b) and 6(e) of the 6825 (Division of Investment Commission notes that Amendment No. Investment Company Act of 1940 (the Management, Chief Counsel’s Office). 1 clarifies and provides additional ‘‘Act’’) granting an exemption from all SUPPLEMENTARY INFORMATION: The explanation relating to the proposed provisions of the Act and the rules and following is a summary of the rule change. The changes and additional regulations thereunder, except sections application. The complete application information in Amendment No. 1 assist 9, 17, 30, and 36 through 53 of the Act, may be obtained via the Commission’s the Commission in evaluating the and the rules and regulations website by searching for the file Exchange’s proposal and in determining thereunder (the ‘‘Rules and number, or for an applicant using the that it is consistent with the Exchange Regulations’’). With respect to sections Company name box, at http:// Act. In particular, the Commission 17(a), (d), (e), (f), (g) and (j) and 30(a), www.sec.gov/search/search.htm or by believes that the amendments and (b), (e), and (h) of the Act, and the Rules calling (202) 551–8090. clarifications on what may constitute and Regulations, and rule 38a–1 under other compelling evidence in lieu of a the Act, the exemption is limited as set Applicants’ Representations Valuation, including what level of forth in the application. 1. LAM and its ‘‘affiliates’’ within the affiliate participation may be considered SUMMARY OF APPLICATION: Applicants meaning of rule 12b–2 under the de minimis, that companies must request an order to exempt certain Securities Exchange Act of 1934 (the provide written certification that they limited partnerships, limited liability ‘‘Exchange Act’’) (collectively, have met these requirements, that third companies, corporations, business or ‘‘Lazard’’), have organized Lazard ESC party transactions must be between statutory trusts or other entities formed Funds LLC, and may in the future unaffiliated third parties, and that, as to organize limited partnerships, limited tender offers, only cash tender offers can 81 15 U.S.C. 78s(b)(2). liability companies, business or 82 Id. statutory trusts or other entities or series 80 See Notice, supra note 3. 83 17 CFR 200.30–3(a)(12). of any of the foregoing as ‘‘employees’

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securities companies’’ (each, a ‘‘Fund’’ company, and a particular Fund may Regulation S promulgated thereunder, and together with series of Lazard ESC operate as a ‘‘diversified’’ or ‘‘non- and will be sold only to Qualified Funds LLC, the ‘‘Funds’’). The Funds diversified’’ vehicle, within the meaning Participants, which term refers to: (i) are intended to provide investment of the Act. A Fund may be a partnership Eligible Employees (as defined below); opportunities that are competitive with or corporation for U.S. federal income (ii) at the request of Eligible Employees those at other investment management tax purposes, and a Fund that is a and the discretion of the General and financial services firms and to corporation for U.S. federal income tax Partner, to Qualified Participants (as facilitate the recruitment and retention purposes may elect to be treated as a defined below) of such Eligible of high caliber professionals. regulated investment company. A Fund Employees; or (iii) Lazard.3 Prior to 2. Lazard ESC Funds LLC was formed may serve as the master fund of one or offering Interests to an Eligible on January 23, 2019 as a Delaware more other Funds (such entities, Employee or an Eligible Family Member limited liability company. LAM is the ‘‘Master Funds’’). Interests in a Fund manager of Lazard ESC Funds LLC. The (‘‘Interests’’) may be issued in one or (as defined below), a General Partner investment objectives and policies of more series, each of which corresponds must reasonably believe that the Eligible each Fund and whether it will operate to particular Fund investments. In such Employee or Eligible Family Member as a diversified or non-diversified event, each series will be an will be capable of understanding and vehicle may vary from Fund to Fund, ‘‘employees’ securities company’’ evaluating the merits and risks of and will be set forth in the within the meaning of section 2(a)(13) of participation in a Fund and that each informational memorandum and the the Act. such individual is able to bear the governing documents relating to the 4. Lazard will control each Fund economic risk of such participation and specific Fund. Potential investments for within the meaning of section 2(a)(9) of afford a complete loss of his or her the Funds may include a wide variety the Act. Each Fund will have a general investment in a Fund. of U.S. and non-U.S. assets, including partner, managing member or other such 8. In order to qualify as an ‘‘Eligible but not limited to, public and private similar entity (a ‘‘General Partner’’) that Employee,’’ (a) an individual must (i) be debt and equity securities, real estate, manages, operates and controls such a current or former employee, officer or equity, credit, and other financial assets. Fund and will be responsible for the 4 The Funds may invest either directly or overall management of the Fund. The director or current Consultant of indirectly through investments in General Partner or another Lazard entity Lazard and (ii) except for certain limited partnerships and other will serve as investment adviser individuals who meet the definition of investment pools (including pools that (‘‘Investment Adviser’’) to each Fund. ‘‘knowledgeable employee’’ in rule 3c- are exempt from registration in reliance 5. Each General Partner and 5(a)(4) under the Act as if the Funds on section 3(c)(1) or 3(c)(7) of the Act) Investment Adviser in managing a Fund were ‘‘Covered Companies’’ within the and investments in registered is an ‘‘investment adviser’’ within the meaning of the rule and a limited investment companies. Investments may meaning of sections 9 and 36 of the Act, be made side by side with Lazard and and is subject to those sections. The 3 In order to qualify as a ‘‘Qualified Participant,’’ Lazard-related investors and through Investment Adviser may be paid a an individual or entity must (i) be an Eligible Family Member or Eligible Investment Vehicle of an investment pools (including management fee for its services to a Eligible Employee or Plan Interest Holder and (ii) Aggregation Vehicles) 1 sponsored or Fund. A General Partner or Investment if purchasing an Interest from a Fund, except as managed by Lazard or an unaffiliated Adviser may receive a performance- discussed below, come within the standards of an entity. based fee or allocation (‘‘Carried ‘‘accredited investor’’ under rule 501(a) of 3. A Fund may be structured as a Interest’’) based on the net gains of the Regulation D. 4 The term ‘‘Consultant’’ is defined as a person or limited partnership, limited liability Fund’s investments or increase in the entity who Lazard has engaged to provide services company, corporation, business or value of Interests, in addition to any and professional expertise on an ongoing basis as statutory trust or other entity, or series amount allocable to the General regular consultants or business or legal advisors to of any of the foregoing. A Fund may be Partner’s or Investment Adviser’s Lazard. In order to participate in the Funds, 2 Consultants must be currently engaged by Lazard organized inside the United States Interests. and will be required to be sophisticated investors (under the laws of Delaware, or another 6. If a General Partner determines that who qualify as accredited investors under rule state) or in a jurisdiction outside the a Fund should enter into any side-by- 501(a) of Regulation D. If a Consultant is an entity United States. A Fund may be organized side investment with an unaffiliated (such as, for example, a law firm or consulting under the laws of a non-U.S. entity, the General Partner will be firm), and the Consultant proposes to invest in the Fund through a partnership, corporation or other jurisdiction to address any tax, legal, permitted to engage as sub-investment entity that is controlled by the Consultant, the accounting and/or regulatory adviser the unaffiliated entity (an individual participants in such partnership, considerations applicable to certain ‘‘Unaffiliated Subadviser’’), which will corporation or other entity will be limited to senior Eligible Employees (defined below) in be responsible for the management of level employees, members or partners of the Consultant who are responsible for the activities of other jurisdictions or the nature of the such side-by-side investment. the Consultant or the activities of the Consultant in investment program. The investment 7. With the exception of Plan Interest relation to Lazard and will be required to qualify objectives and policies of the Funds Holders (as defined below), all potential as ‘‘accredited investors’’ under rule 501(a) of may vary from Fund to Fund. Each investors in a Fund (the ‘‘Investors’’) Regulation D. In addition, such entities will be will be informed, among other things, limited to businesses controlled by individuals who Fund will operate either as a closed-end have levels of expertise and sophistication in the or open-end management investment that Interests in a Fund will be offered area of investments in securities that are in a transaction exempt from comparable to other Eligible Employees who are 1 An ‘‘Aggregation Vehicle’’ is an investment pool registration under section 4(a)(2) of the employees, officers or directors of Lazard and who sponsored or managed by Lazard or an unaffiliated Securities Act of 1933, as amended (the have an interest in maintaining an ongoing entity that is formed solely for the purpose of ‘‘1933 Act’’), or Regulation D or relationship with Lazard. The individuals permitting a Fund and Lazard and Lazard-related participating through such entities will belong to investors or Third Party Funds to collectively invest that class of persons who will have access to the in other entities. A ‘‘Third Party Fund’’ is an 2 All or a portion of the Carried Interest may be directors and officers of the General Partner or the investment fund organized primarily for the benefit paid to individuals who are officers, employees or directors and officers of Lazard, as applicable, of investors who are not affiliated with Lazard over stockholders of the General Partner or Investment responsible for making investments for the Funds which Lazard or an unaffiliated subadviser Adviser or their ‘‘affiliated persons,’’ as defined in similar to the access afforded Eligible Employees exercises investment discretion. section 2(a)(3) of the Act. who are employees, officers or directors of Lazard.

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number of other employees of Lazard 5 only if either (i) the investment vehicle The governing documents for each Fund (collectively, ‘‘Non-Accredited is an ‘‘accredited investor’’ as defined in will describe, if applicable, the amount Investors’’), meet the standards of an rule 501(a) of Regulation D, or (ii) the that an investor would receive upon ‘‘accredited investor’’ under rule applicable Eligible Employee or Eligible repurchase, cancellation or transfer of 501(a)(5) or (a)(6) of Regulation D, or (b) Family Member is a settlor 6 and its Interests. an entity must (i) be a current principal investment decision-maker 15. Among other assets, the Funds Consultant of Lazard and (ii) meet the with respect to the investment vehicle. may invest either directly or indirectly standards of an ‘‘accredited investor’’ Eligible Investment Vehicles that are not through investments in limited under rule 501(a) of Regulation D. No accredited investors will be counted in partnerships and other investment pools Fund will sell its Interests to more than accordance with Regulation D toward (including pools that are exempt from 35 Non-Accredited Investors under the 35 Non-Accredited Investor limit registration in reliance on section 3(c)(1) Regulation D. discussed above. or 3(c)(7) of the Act) and investments in 9. An ‘‘Eligible Family Member’’ is a 12. The terms of each Fund will be registered investment companies. spouse, parent, child, spouse of child, fully disclosed to each Eligible Investments may be made side by side brother, sister or grandchild of an Employee and, if a Qualified Participant with Lazard and Lazard-related Eligible Employee or Plan Interest of such Eligible Employee is required to investors and through investment pools Holder, including step and adoptive make an investment decision with (including Aggregation Vehicles) relationships. An ‘‘Eligible Investment respect to whether or not to participate sponsored or managed by Lazard or an Vehicle’’ is (a) a trust of which the in a Fund, to such Qualified Participant, trustee, grantor and/or beneficiary is an at the time such Eligible Employee or unaffiliated entity. Eligible Employee or Plan Interest Qualified Participant is invited to 16. A Fund may co-invest in a Holder, (b) a partnership, corporation or participate in the Fund, or to a Plan portfolio company with one or more of other entity controlled by an Eligible Interest Holder at the time he or she Lazard and/or a separate account for the Employee or Plan Interest Holder, or (c) receives an Interest. A Fund will send benefit of clients, or an investment fund a trust or other entity established solely its investors an annual financial organized primarily for the benefit of for the benefit of an Eligible Employee statement within 120 days after the end investors, in either case, who are not or Plan Interest Holder and/or one or of each fiscal year end of the Fund, or affiliated with Lazard over which more Eligible Family Members of an as soon as practicable after the end of Lazard or an Unaffiliated Subadviser Eligible Employee or Plan Interest the Fund’s fiscal year. The annual exercises investment discretion (‘‘Third Holder. financial statement will be audited 7 by Party Funds’’). Side-by-side investments 10. Certain employees of Lazard may an independent certified public held by a Third Party Fund, or by also receive Interests as part of an accountant. In addition, as soon as Lazard in a transaction in which employee benefit plan without payment practicable after the end of each fiscal Lazard’s investment was made pursuant in order to reward and retain these year of a Fund, a report will be sent to to a contractual obligation to a Third employees (each, a ‘‘Plan Interest each investor setting forth the Party Fund, will not be subject to the Holder’’). The Funds will not register information with respect such investor’s restrictions contained in Condition 3. Interests awarded to Plan Interest share of income, gains, losses, credits, All other side-by-side investments held Holders under the 1933 Act in reliance and other items for U.S. federal and by Lazard will be subject to the on an opinion of counsel that the state income tax purposes resulting from restrictions contained in Condition 3. awards of Interests are not sales within the operation of the Fund during that 17. If Lazard makes loans to a Fund, the meaning of section 2(a)(3) of the year. the lender will be entitled to receive 1933 Act. No relief from the provisions 13. Interests in a Fund will be non- interest, provided that the interest rate of the 1933 Act is requested by the transferable except with the prior will be no less favorable to the borrower Applicants with respect to the award of written consent of the General Partner, than the rate obtainable on an arm’s Interests to Plan Interest Holders. Plan and, in any event, no person or entity length basis. The possibility of any such Interest Holders will not be required to will be admitted into the Fund as an borrowings, as well as the terms thereof, meet the sophistication and salary investor unless such person is (i) an would be disclosed to investors prior to requirements to which Eligible Eligible Employee, (ii) a Plan Interest their investment in a Fund. Any Employees are subject. Holder, (iii) a Qualified Participant, or 11. An Eligible Employee or Eligible indebtedness of the Fund will be the (iv) Lazard. No sales load or similar fee debt of the Fund and without recourse Family Member may purchase Interests of any kind will be charged in through an Eligible Investment Vehicle to the investors. A Fund will not borrow connection with the sale of Interests. from any person if the borrowing would 14. A General Partner may have the cause any person not named in section 5 Such employees must meet the sophistication right, but not the obligation, to requirements set forth in rule 506(b)(2)(ii) of 2(a)(13) of the Act to own securities of Regulation D under the 1933 Act and may be repurchase, cancel, or transfer to the Fund (other than short-term paper). permitted to invest his or her own funds in the another Qualified Participant the A Fund will not lend any funds to Fund if, at the time of the employee’s investment Interests of (i) an Eligible Employee who Lazard. in a Fund, he or she (a) has a graduate degree in ceases to be an employee, officer, business, law or accounting, (b) has a minimum of 18. A Fund will not purchase or five years of consulting, investment banking or director or Consultant of Lazard for any similar business experience, and (c) has had reason or (ii) any Qualified Participant otherwise acquire any security issued by reportable income from all sources of at least of any person described in clause (i). a registered investment company if, $100,000 in each of the two most recent years and immediately after such purchase or a reasonable expectation of income from all sources acquisition, the Fund would own more of at least $140,000 in each year in which such 6 If such investment vehicle is an entity other person will be committed to make investments in than a trust, the term ‘‘settlor’’ will be read to mean than 3% of the outstanding voting stock a Fund. In addition, such an employee will not be a person who created such vehicle, alone or of the registered investment company permitted to invest in any year more than 10% of together with other Eligible Employees and/or unless such purchase or acquisition is his or her income from all sources for the Eligible Family Members, and contributed funds to permitted under the applicable rules immediately preceding year in the aggregate in such such vehicle. Fund and in all other Funds in which he or she has 7 ‘‘Audit’’ has the meaning defined in rule 1– and regulations or any applicable previously invested. 02(d) of Regulation S–X. exemption.

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Applicants’ Legal Analysis affiliated person of such a person, acting 5. Section 17(d) of the Act and rule 1. Section 6(b) of the Act provides as principal, from knowingly selling or 17d–1 thereunder prohibit any affiliated that the Commission shall exempt purchasing any security or other person or principal underwriter of a employees’ securities companies from property to or from the investment registered investment company, or any the provisions of the Act if and to the company. Applicants request an affiliated person of such a person or extent that such exemption is consistent exemption from section 17(a) to the principal underwriter, acting as with the protection of investors. Section extent necessary to (a) permit Lazard or principal, from participating in any joint 6(b) provides that the Commission will a Third Party Fund (or any ‘‘affiliated arrangement with the company unless consider, in determining the provisions person,’’ as defined in the Act, of Lazard authorized by the Commission. of the Act from which the company or a Third Party Fund), acting as a Applicants request an exemption from should be exempt, the company’s form principal, to purchase or sell securities section 17(d) and rule 17d–1 to the of organization and capital structure, the or other property to or from any Fund extent necessary to permit affiliated persons owning and controlling its or any company controlled by such persons of each Fund, or affiliated securities, the price of the company’s Fund; and (b) permit a Fund to invest persons of any of such persons, to securities and the amount of any sales in or engage in any transaction with participate in, or effect any transaction load, how the company’s funds are Lazard, acting as principal, (i) in which in connection with, any joint enterprise invested, and the relationship between such Fund, any company controlled by or other joint arrangement or profit- the company and the issuers of the such Fund or Lazard or any Third Party sharing plan in which such Fund or a securities in which it invests. Section Fund has invested or will invest, or (ii) company controlled by such Fund is a 2(a)(13) defines an employees’ securities with which such Fund, any company participant. The exemption would company, in relevant part, as any controlled by such Fund or Lazard or permit, among other things, co- investment company all of whose any Third Party Fund is or will become investments by the Funds, Third Party securities (other than short-term paper) otherwise affiliated. The transactions to Funds and individual members or are beneficially owned (a) by current or which any Fund is a party will be employees, officers, directors or former employees, or persons on effected only after a determination by Consultants of Lazard making their own retainer, of one or more affiliated the General Partner that the individual investment decisions apart employers, (b) by immediate family requirements of Conditions 1, 2 and 6 from Lazard. Applicants acknowledge members of such persons, or (c) by such below have been satisfied. Lazard, on that the requested relief will not extend employer or employers together with behalf of the Funds, represents that any to any transaction in which an any of the persons in (a) or (b). transactions otherwise subject to section Unaffiliated Subadviser or an Advisory 2. Section 7 of the Act generally 17(a) of the Act, for which exemptive Person or an affiliated person of either prohibits investment companies that are relief has not been requested, would such person has an interest, except in not registered under section 8 of the Act require approval of the Commission. connection with a Third Party Fund from selling or redeeming their 4. Applicants submit that an sponsored by an Unaffiliated securities. Section 6(e) of the Act exemption from section 17(a) is Subadviser. provides that in connection with any consistent with the policy of each Fund 6. The Applicants submit that order exempting an investment and the protection of investors. investments will be made by a Fund company from any provision of section Applicants state that the investors in because of its affiliation with Lazard. 7, certain specified provisions of the Act each Fund will have been fully The Applicants also submit that the shall be applicable to such company, informed of the possible extent of such types of investment opportunities often and to other persons in their Fund’s dealings with Lazard and of the considered by a Fund require each transactions and relations with such potential conflicts of interest that may participant in the transaction to make company, as though such company were exist. Applicants also state that, as funds available in an amount that may registered under the Act, if the professionals employed in the be substantially greater than what a Commission deems it necessary and investment management and securities Fund (including its Eligible Employees, appropriate in the public interest or for businesses, or in administrative, Plan Interest Holders and Qualified the protection of investors. Applicants financial, accounting, legal, sales, Participants) may be able to make submit that it would be appropriate in marketing, risk management or available on its own. The Applicants the public interest and consistent with operational activities related thereto, the contend that, as a result, the only way the protection of investors and the investors will be able to understand and in which a Fund (and thus its Eligible purposes fairly intended by the policies evaluate the risks associated with those Employees, Plan Interest Holders and and provisions of the Act for the dealings. Applicants assert that the Qualified Participants) may be able to Commission to issue an order under community of interest among the participate in these opportunities is to sections 6(b) and 6(e) of the Act investors in each Fund and Lazard will co-invest with Lazard. The Applicants exempting the Funds from all serve to reduce the risk of abuse in note that each Fund will be primarily provisions of the Act and the rules and transactions involving Lazard. organized for the benefit of Eligible regulations thereunder, except sections Applicants acknowledge that the Employees as an incentive for them to 9, 17, 30, and 36 through 53 of the Act, requested relief will not extend to any remain with Lazard and for the and the Rules and Regulations. With transactions between a Fund and an generation and maintenance of respect to sections 17(a), (d), (e), (f), (g) Unaffiliated Subadviser or an affiliated goodwill. The Applicants believe that, if and (j) and 30(a), (b), (e), and (h) of the person of an Unaffiliated Subadviser, or co-investments with Lazard are Act, and the Rules and Regulations, and between a Fund and any person who is prohibited, the appeal of the Funds rule 38a–1 under the Act, Applicants not an employee, officer or director of would be significantly diminished. The request a limited exemption as set forth Lazard or is an entity outside of Lazard Applicants assert that Eligible in the application. and is an affiliated person of the Fund Employees wish to participate in such 3. Section 17(a) of the Act generally as defined in section 2(a)(3)(E) of the co-investment opportunities because prohibits any affiliated person of a Act (an ‘‘Advisory Person’’) or any they believe that (i) the resources of registered investment company, or any affiliated person of such person. Lazard enable it to analyze investment

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opportunities to an extent that Eligible will be deemed ‘‘usual and customary’’ national securities exchange or the Employees would not be able to only if (i) the Fund is purchasing or company itself in accordance with duplicate, (ii) investments selling securities with other unaffiliated Commission rules. Rule 17f–1 under the recommended by Lazard will not be third parties, including Third Party Act specifies the requirements that must generally available to investors even of Funds, (ii) the fees or other be satisfied for a registered management the financial status of the Eligible compensation being charged to the investment company to maintain Employees, and (iii) Eligible Employees Fund (directly or indirectly) are also custody of its securities and similar will be able to pool their investment being charged to the unaffiliated third investments with a company that is a resources, thus achieving greater parties, including Third Party Funds, member of a national securities diversification of their individual and (iii) the amount of securities being exchange. The Applicants request relief investment portfolios. purchased or sold by the Fund (directly from section 17(f) of the Act and 7. Applicants assert that the flexibility or indirectly) does not exceed 50% of subsections (a), (b) (to the extent such to structure co-investments and joint the total amount of securities being subsection refers to contractual investments will not involve abuses of purchased or sold by the Fund (directly requirements), (c) and (d) of rule 17f–1 the type section 17(d) and rule 17d–1 or indirectly) and the unaffiliated third under the Act to the extent necessary to were designed to prevent. In addition, parties, including Third Party Funds. permit Lazard to act as custodian for a Applicants represent that any Applicants state that compliance with Fund without a written contract. transactions otherwise subject to section section 17(e) would prevent a Fund Applicants contend that since there is a 17(d) of the Act and rule 17d–1 from participating in transactions in close association between a Fund and thereunder, for which exemptive relief where the Fund is being charged lower Lazard, requiring a detailed written has not been requested, would require fees than unaffiliated third parties also contract would expose the Fund to approval by the Commission. participating in the transaction. unnecessary burden and expense. The 8. Co-investments with Third Party Applicants assert that the concerns of Applicants also request relief from the Funds, or by Lazard pursuant to a overreaching and abuse that section requirement in paragraph (b)(4) of the contractual obligation to a Third Party 17(e) and rule 17e–1 were designed to rule that an independent accountant Fund, will not be subject to Condition prevent are alleviated by the conditions periodically verify the Fund’s assets 3 below. The Applicants note that it is that ensure that the fees or other held by the custodian. The Applicants common for a Third Party Fund to compensation paid by a Fund to Lazard believe that, because of the community require that Lazard invest its own are those negotiated at arm’s length with of interest between Lazard and the capital in Third Party Fund investments unaffiliated third parties. Funds and the existing requirement for and that Lazard’s investments be subject 10. Rule 17e–1(b) under the Act an independent audit, compliance with to substantially the same terms as those requires that a majority of directors who this requirement would be unnecessary. applicable to the Third Party Fund. The are not ‘‘interested persons’’ (as defined Except as set forth above, a Fund relying Applicants believe that it is important in section 2(a)(19) of the Act) take on rule 17f–1 will otherwise comply that the interests of the Third Party actions and make approvals regarding with the provisions of the rule. Fund take priority over the interests of commissions, fees, or other the Funds and that the Third Party Fund remuneration. Rule 17e–1(c) under the 12. Rule 17f–2 under the Act specifies not be burdened or otherwise affected Act requires each Fund to comply with the requirements that must be satisfied by activities of the Funds. In addition, the fund governance standards defined for a registered management investment the Applicants assert that the in rule 0–1(a)(7) under the Act. company to act as a custodian of its own relationship of a Fund to a Third Party Applicants request an exemption from investments. Applicants request relief Fund is fundamentally different from a rule 17e–1(b) to the extent necessary to from section 17(f) and rule 17f–2 to Fund’s relationship to Lazard. The permit each Fund to comply with rule permit the following exceptions from Applicants contend that the focus of, 17e–1(b) without having a majority of the requirements of rule 17f–2: (i) A and the rationale for, the protections the directors of the General Partner who Fund’s investments may be kept in the contained in the requested relief are to are not ‘‘interested persons’’ take actions locked files of Lazard or the General protect the Funds from any and make determinations as set forth in Partner or the Investment Adviser; (ii) overreaching by Lazard in the employer/ paragraph (b) of the rule and without for purposes of paragraph (d) of the rule, employee context, whereas the same having to satisfy the standards set forth (a) employees of the General Partner (or concerns are not present with respect to in paragraph (c) of the rule. Applicants Lazard) will be deemed to be employees the Funds vis-a`-vis a Third Party Fund. state that because all the directors or of the Funds, (b) officers or managers of 9. Section 17(e) of the Act and rule other governing body of a General the General Partner (or Lazard) will be 17e–1 thereunder limit the Partner will be affiliated persons, deemed to be officers of the Fund, and compensation an affiliated person may without the relief requested, a Fund (c) the General Partner or its board of receive when acting as agent or broker could not comply with rule 17e–1. directors will be deemed to be the board for a registered investment company. Applicants represent that each Fund of directors of the Fund; and (iii) in Applicants request an exemption from will comply with rule 17e–1(b) by place of the verification procedure section 17(e) to permit Lazard having a majority of the directors (or under paragraph (f) of the rule, (including the General Partner) that acts members of a comparable body) of the verification will be effected quarterly by as an agent or broker to receive Fund or its General Partner take such two employees, each of whom will have placement fees, advisory fees, brokerage actions and make such approvals as are sufficient knowledge, sophistication and fees or other compensation from a Fund set forth in the rule. Applicants state experience in business matters to in connection with the purchase or sale that each Fund will otherwise comply perform such examination. With respect by the Fund of securities, provided that with rule 17e–1. to certain Funds, some of their the fees or other compensation are 11. Section 17(f) of the Act provides investments may be evidenced only by deemed ‘‘usual and customary.’’ that the securities and similar partnership agreements, participation Applicants state that for purposes of the investments of a registered management agreements or similar documents, rather application, fees or other compensation investment company must be placed in than by negotiable certificates that could that are charged or received by Lazard the custody of a bank, a member of a be misappropriated. The Applicants

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assert that, for such a Fund, these persons’’ from violating the anti-fraud implement and periodically review instruments are most suitably kept in provisions of the rule. Under rule 17j– written policies reasonably designed to the files of Lazard, the General Partner 1, the investment company’s access prevent violation of the federal or the Investment Adviser, where they persons must report to the investment securities laws and to appoint a chief can be referred to as necessary. The company with respect to transactions in compliance officer. Applicants Applicants state that they will comply any security in which the access person represent that each Fund will comply with all other provisions of rule 17f–2. has, or by reason of the transaction with rule 38a–1(a), (c) and (d), except 13. Section 17(g) of the Act and rule acquires, any direct or indirect that (i) since the Fund does not have a 17g–1 thereunder generally require the beneficial ownership in such security. board of directors, the board of directors bonding of officers and employees of a Applicants request an exemption from or other governing body of the General registered investment company who section 17(j) and the provisions of rule Partner will fulfill the responsibilities have access to its securities or funds. 17j–1, except for the antifraud assigned to the Fund’s board of directors Rule 17g–1 requires that a majority of provisions of paragraph (b), because under the rule, and (ii) since the board directors who are not ‘‘interested they assert that these requirements are of directors or other governing body of persons’’ of a registered investment unnecessarily burdensome as applied to the General Partner does not have any company take certain actions and give the Funds. The relief requested will disinterested members, (a) approval by certain approvals relating to fidelity extend only to Lazard and is not a majority of the disinterested board bonding. Among other things, the rule requested with respect to any members required by rule 38a–1 will also requires that the board of directors Unaffiliated Subadviser or Advisory not be obtained, and (b) the Funds will of an investment company relying on Person. comply with the requirement in rule the rule satisfy the fund governance 15. Sections 30(a), (b) and (e) of the 38a–1(a)(4)(iv) that the chief compliance standards defined in rule 0–1(a)(7). Act and the rules thereunder generally officer meet with the independent Applicants request an exemption from require that registered investment directors by having the chief rule 17g–1 to the extent necessary to companies prepare and file with the compliance officer meet with the board permit the General Partner’s board of Commission and mail to their of directors or other governing body of directors or other governing body, who shareholders certain periodic reports the General Partner as constituted may be deemed interested persons, to and financial statements. Applicants Applicants represent that each Fund take actions and make determinations as contend that the forms prescribed by the will adopt written policies and set forth in the rule. The Applicants also Commission for periodic reports have procedures reasonably designed to request an exemption from the little relevance to the Funds and would prevent violations of the terms and requirements of: (i) Paragraph (g) of rule entail administrative and legal costs that conditions of the application, will 17g–1 relating to the filing of copies of outweigh any benefit to the investors. appoint a chief compliance officer and fidelity bonds and related information Applicants request relief under sections will comply with the terms and with the Commission and the provision 30(a), (b) and (e) to the extent necessary conditions of the application. of notices to the board of directors; (ii) to permit each Fund to report annually paragraph (h) of the rule relating to the to its investors in the manner described Applicants’ Conditions appointment of a person to make the in the application. Section 30(h) of the Applicants agree that any order filings and provide the notices required Act requires that every officer, director, granting the requested relief will be by paragraph (g); and (iii) paragraph member of an advisory board, subject to the following conditions: (j)(3) of the rule relating to compliance investment adviser or affiliated person 1. Each proposed transaction with the fund governance standards set of an investment adviser of a closed-end involving a Fund otherwise prohibited forth in rule 0–1(a)(7) under the Act. investment company be subject to the by section 17(a) or section 17(d) of the Applicants state that because all same duties and liabilities as those Act and rule 17d–1 under the Act to directors or other governing body of the imposed upon similar classes of persons which a Fund is a party (the ‘‘Section General Partner will be affiliated under section 16(a) of the Exchange Act. 17 Transactions’’) will be effected only persons, a Fund could not comply with Applicants request an exemption from if the applicable General Partner rule 17g–1 without the requested relief. section 30(h) of the Act to the extent determines that (i) the terms of the Applicants contend that the filing necessary to exempt the General Partner Section 17 Transaction, including the requirements are burdensome and of each Fund, members of the General consideration to be paid or received, are unnecessary as applied to the Funds Partner, any board of managers or fair and reasonable to the Investors of and represent that the applicable directors or committee of Lazard’s the Fund and do not involve General Partner will maintain the employees to whom the General Partner overreaching of the Fund or its investors materials otherwise required to be filed may delegate its functions, and any on the part of any person concerned, with the Commission by paragraph (g) other persons who may be deemed to be and (ii) the Section 17 Transaction is of rule 17g–1 and agree that all such members of an advisory board of a consistent with the interests of the materials will be subject to examination Fund, or any other persons otherwise Investors, the Fund’s organizational by the Commission and its staff. subject to section 30(h), from filing documents and the Fund’s reports to its Applicants submit that no purpose Forms 3, 4, and 5 under section 16(a) of Investors.8 In addition, the applicable would be served in complying with the the Exchange Act with respect to their General Partner will record and preserve requirements of the rule related to filing ownership interests in the Fund. a description of all Section 17 information with the Commission. Applicants assert that, because there Transactions, the General Partner’s Applicants represent that the Funds will will be no trading market and the findings, the information or materials comply with all other requirements of transfers of Interests are severely upon which the findings are based and rule 17g–1. restricted, these filings are unnecessary 14. Section 17(j) of the Act and rule for the protection of investors and 8 If a Fund invests through an Aggregation 17j–1 require that every registered burdensome to those required to make Vehicle and such investment is a Section 17 Transaction, this condition will apply with respect investment company adopt a written them. to both the investment in the Aggregation Vehicle code of ethics that contains provisions 16. Rule 38a–1 requires registered and any investment by the Aggregation Vehicle of reasonably necessary to prevent ‘‘access investment companies to adopt, Fund assets.

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the basis for the findings. All such indirect wholly owned subsidiary, to year then ended, setting forth such tax records will be maintained for the life any company (a ‘‘Parent’’) of which the information as shall be necessary for the of the Fund and at least six years Affiliated Co-Investor is a direct or preparation by the Investor of that thereafter and will be subject to indirect wholly owned subsidiary or to person’s federal and state income tax examination by the Commission and its a direct or indirect wholly owned returns and a report of the investment staff.9 subsidiary of its Parent, (ii) to activities of the Fund during that fiscal 2. The General Partner of each Fund immediate family members of the year. will adopt, and periodically review and Affiliated Co-Investor or a trust or other 6. If a Fund makes purchases or sales update, procedures designed to ensure investment vehicle established for any from or to an entity affiliated with the that reasonable inquiry is made, prior to Affiliated Co-Investor or any such Fund by reason of an officer, director or the consummation of any Section 17 immediate family member, or (iii) when employee of Lazard (i) serving as an Transaction, with respect to the possible the investment is comprised of officer, director, general partner, involvement in the transaction of any securities that are (a) listed on a national manager or investment adviser of the affiliated person or promoter of or securities exchange registered under entity (other than an entity that is an principal underwriter for the Fund or section 6 of the Exchange Act, (b) NMS Aggregation Vehicle), or (ii) having a any affiliated person of such person, stocks pursuant to section 11A(a)(2) of 5% or more investment in the entity, promoter or principal underwriter. the Exchange Act and rule 600(a) of such individual will not participate in 3. The General Partner of each Fund Regulation NMS thereunder, (c) the Fund’s determination of whether or will not invest the funds of the Fund in government securities as defined in not to effect the purchase or sale. any investment in which an Affiliated section 2(a)(16) of the Act or other Co-Investor (as defined below) has For the Commission, by the Division of securities that meet the definition of Investment Management, under delegated acquired or proposes to acquire the ‘‘Eligible Security’’ in rule 2a–7 under authority. same class of securities of the same the Act, or (d) listed or traded on any Jill M. Peterson, issuer and where the investment foreign securities exchange or board of Assistant Secretary. transaction involves a joint enterprise or trade that satisfies regulatory other joint arrangement within the requirements under the law of the [FR Doc. 2019–26407 Filed 12–6–19; 8:45 am] meaning of rule 17d–1 in which the jurisdiction in which such foreign BILLING CODE 8011–01–P Fund and an Affiliated Co-Investor are securities exchange or board of trade is participants (each such investment, a organized similar to those that apply to ‘‘Rule 17d–1 Investment’’), unless any SECURITIES AND EXCHANGE a national securities exchange or a COMMISSION such Affiliated Co-Investor, prior to national market system for securities. disposing of all or part of its investment, 4. Each Fund and its General Partner Sunshine Act Meetings (i) gives the General Partner sufficient, will maintain and preserve, for the life but not less than one day’s, notice of its of each Fund and at least six years TIME AND DATE: Notice is hereby given, intent to dispose of its investment, and thereafter, such accounts, books and pursuant to the provisions of the (ii) refrains from disposing of its other documents constituting the record Government in the Sunshine Act, Public investment unless the Fund has the forming the basis for the audited Law 94–409, that the Securities and opportunity to dispose of the Fund’s financial statements that are to be Exchange Commission Small Business investment prior to or concurrently provided to the investors in the Fund, Capital Formation Advisory Committee with, on the same terms as and pro rata and each annual report of the Fund on Small and Emerging Companies will 10 with, the Affiliated Co-Investor. The required to be sent to the investors, and hold a public telephonic meeting on term ‘‘Affiliated Co-Investor’’ with agree that all such records will be Wednesday, December 11, 2019 at 11:00 respect to any Fund means any person subject to examination by the a.m. (ET). who is (i) an ‘‘affiliated person’’ (as such 11 Commission and its staff. PLACE: The meeting will be conducted term is defined in section 2(a)(3) of the 5. Within 120 days after the end of by telephonic conference call. There Act) of the Fund (other than a Third each fiscal year of each Fund, or as soon will be no physical meeting place. Party Fund), (ii) Lazard, (iii) an officer as practicable thereafter, the General or director of Lazard, (iv) an Eligible Members of the public may listen to the Partner of each Fund will send to each live audiocast of the telephonic meeting Employee, or (v) an entity (other than a Investor having an Interest in the Fund Third Party Fund) in which Lazard acts on the Commission’s website at at any time during the fiscal year then www.sec.gov. as a general partner or has a similar ended Fund financial statements STATUS: The meeting will begin at 11:00 capacity to control the sale or other audited by the Fund’s independent a.m. (ET) and will be open to the public. disposition of the entity’s securities. accountants. At the end of each fiscal Members of the public may listen to the The restrictions contained in this year, the General Partner will make or live audiocast of the telephonic meeting condition, however, shall not be cause to be made a valuation of all of on the Commission’s website at deemed to limit or prevent the the assets of the Fund as of such fiscal www.sec.gov. disposition of an investment by an year end in a manner consistent with Affiliated Co-Investor (i) to its direct or customary practice with respect to the MATTERS TO BE CONSIDERED: On valuation of assets of the kind held by November 26, 2019, the Commission 9 Each Fund will preserve the accounts, books the Fund. In addition, within 120 days published notice of the Committee and other documents required to be maintained in after the end of each fiscal year of each meeting (Release No. 33–10729), an easily accessible place for the first two years. indicating that the meeting is open to 10 If a Fund invests in a Rule 17d–1 Investment Fund (or as soon as practicable through an Aggregation Vehicle, the requirements thereafter) the General Partner will send the public and inviting the public to of clauses (i) and (ii) of this sentence shall apply a report to each person who was an submit written comments to the to both the Affiliated Co-Investor’s disposition of Investor at any time during the fiscal Committee. This Sunshine Act notice is such Rule 17d–1 Investment and, if the Affiliated being issued because a majority of the Co-Investor also holds a Rule 17d–1 Investment through such Aggregation Vehicle, its disposition of 11 Each fund will preserve the accounts, books, Commission may attend the meeting. all or part of its investment in the Aggregation and other documents required to be maintained in The agenda for the meeting includes Vehicle. an easily accessible place for the first two years. matters relating to rules and regulations

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affecting small and emerging companies Derivatives Definitions. Capitalized Reference Entities by updating the ISDA under the federal securities laws. terms not defined or modified in this Credit Derivatives Physical Settlement CONTACT PERSON FOR MORE INFORMATION: rule proposal will have the same Matrix. meaning as in LCH SA’s existing Rule For further information, please contact (a) Amendments To Reflect the NTCE Book, Supplement, or Procedures. the Office of the Secretary at (202) 551– Protocol for Cleared Transactions 5400. The text of the proposed rule change has been annexed as Exhibit 5.3 The updated CDS Clearing Rules will Dated: December 4, 2019. permit Clearing Members to match the Vanessa A. Countryman, II. Clearing Agency’s Statement of the new trading standard for their Index Secretary. Purpose of, and Statutory Basis for, the Cleared Transactions and their Single Proposed Rule Change [FR Doc. 2019–26509 Filed 12–5–19; 11:15 am] Name Cleared Transactions, without the BILLING CODE 8011–01–P In its filing with the Commission, need for LCH SA to adhere to the NTCE LCH SA included statements concerning Protocol. To implement the ISDA NTCE the purpose of and basis for the Protocol and NTCE Supplement, the SECURITIES AND EXCHANGE proposed rule change and discussed any Supplement will be amended by adding COMMISSION comments it received on the proposed new and amending existing provisions rule change. The text of these statements [Release No. 34–87649; File No. SR–LCH as described below. SA–2019–011] may be examined at the places specified In support of the above matter, LCH in Item IV below. LCH SA has prepared SA will add new provisions to the Self-Regulatory Organizations; LCH summaries, set forth in sections A, B, Supplement in each of Part B & Part C. SA; Notice of Filing of Proposed Rule and C below, of the most significant Each of these changes in these two Change Relating to Amendments to aspects of these statements. sections are substantially similar. CDS Clearing Supplement To Reflect A. Clearing Agency’s Statement of the For Index Cleared Transactions and the ISDA NTCE Protocol and Purpose of, and Statutory Basis for, the Single Name Transactions incorporating Supplement Proposed Rule Change the 2014 ISDA Credit Derivatives Definitions: December 3, 2019. 1. Purpose D Part B, Section 1.2 Terms defined in Pursuant to Section 19(b)(1) of the LCH SA is proposing to amend its the CDS Clearing Supplement—the Securities Exchange Act of 1934 Supplement to reflect the NTCE definition of Index Cleared Transaction 1 2 (‘‘Act’’) and Rule 19b–4 thereunder Protocol, and the NTCE Supplement Confirmation will be updated with the notice is hereby given that on November amending the 2014 ISDA Credit date of the amended confirmation as 21, 2019, Banque Centrale de Derivatives Definitions addressing published by Markit Group Limited, ® Compensation, which conducts narrowly tailored credit events both for references Markit iTraxx business under the name LCH SA (‘‘LCH (‘‘NTCEs’’). NTCEs are arrangements Europe Index Series 22 or above (a) and TM SA’’), filed with the Securities and with corporations that cause a credit Markit CDX Index Series 23 or above Exchange Commission (‘‘Commission’’) event leading to settlement of CDS (b); the proposed rule change described in contracts while minimizing the impact D Part B, Section 2.2 (g) and (h) will Items I, II and III below, which Items on the corporation. be added to the Supplement—The Index have been prepared by LCH SA. The ISDA published a statement from its Cleared Transaction Confirmation will Commission is publishing this notice to Board of Directors in April 2018 noting be amended for NTCE Protocol covered solicit comments on the proposed rule concerns with the impact of such events transactions by making the notions of change from interested persons. on the efficiency, reliability and fairness Credit Deterioration Requirement and Fallback Discounting applicable, in I. Clearing Agency’s Statement of the of the overall CDS market. The NTCE Protocol, due for implementation on 27 accordance with the Relevant Physical Terms of Substance of the Proposed Settlement Matrix and amended Rule Change January 2020, incorporates the terms of the NTCE Supplement for legacy confirmation as published by Markit Banque Centrale de Compensation, uncleared in-scope single name and Group Limited; which conducts business under the index transactions to match the new D Part B, Section 2.3 (h) and (i) will name LCH SA (‘‘LCH SA’’), is proposing trading standard. Yet, CCPs are expected be added to the Supplement—The to amend its CDS Clearing Supplement to reflect the NTCE Protocol changes to Single Name Cleared Transaction (‘‘Supplement’’) to incorporate new the transactions they clear by an Confirmation will be amended for NTCE terms and to make conforming, amendment to their clearing rules, and Protocol covered transactions by making clarifying, and clean-up changes the final implementation date will be the notions of Credit Deterioration intended to: (1) Incorporate the ISDA aligned so that the changes will go into Requirement and Fallback Discounting 2019 Narrowly Tailored Credit Event effect for trades cleared at different applicable, in accordance with the Protocol (the ‘‘NTCE Protocol’’) into the CCPs and for uncleared trades at the Relevant Physical Settlement Matrix Supplement, allowing parties to amend same time. and amended confirmation as published their legacy transactions to incorporate As such, LCH SA has determined to by Markit Group Limited; the 2019 Narrowly Tailored Credit file this proposed rule change in order D Part B, Section 2.4 (e) will be added Event Supplement to the 2014 ISDA to, among other things, amend its CDS to the Supplement—The amendments Credit Derivatives Definitions (the Clearing Supplement to reflect the brought by the NTCE Protocol and ‘‘NTCE Supplement’’); and (2) make changes brought by the NTCE Protocol subsequent NTCE Supplement to the certain clarifications as to the notion of and NTCE Supplement. Such changes 2014 ISDA Credit Derivatives Outstanding Principal Balance, which will therefore be incorporated for new Definitions shall only be applicable shall always have the meaning set out trades on corporate and financial where the Protocol Effectiveness in the ISDA 2003 and ISDA 2014 Credit Condition, as defined in the NTCE 3 All capitalized terms not defined herein have Protocol, is satisfied; 1 15 U.S.C. 78s(b)(1). the same definition as the Rule Book, Supplement D Part B, APPENDIX XIII, Section 2.6 2 17 CFR 240.19b–4. or Procedures, as applicable. will be added to the Supplement—

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Mirroring the Part B, Section 2.4 (e) so as to refer to the Outstanding It was understood that the heads of mentioned above, this addition ensures Principal Balance defined, for Part A of the Commission, the Commodity that the amendments brought by the the Supplement, in the ISDA 2003 Futures Trading Commission and the NTCE Protocol and subsequent NTCE Credit Derivatives Definitions, and for UK Financial Conduct Authority have Supplement to the 2014 ISDA Credit Parts B & C, in the ISDA 2014 Credit stated that they welcome the efforts to Derivatives Definitions shall only be Derivatives Definitions. implement the amendments set out in applicable to CCM Client Transactions 2. Statutory Basis the NTCE Supplement and NTCE where the Protocol Effectiveness Protocol.8 Condition, as defined in the NTCE LCH SA believes that the proposed Protocol, is satisfied. rule change in connection with the So, as all CCPs, LCH SA is expected For Credit Index Swaptions: ISDA NTCE Protocol and NTCE to modify its rules so that the NTCE D Part C, Section 1.2 Terms defined in Supplement is consistent with the Supplement’s terms will also apply to the CDS Clearing Supplement—the requirements of Section 17A of the all cleared CDS transactions entered definition of iTraxx® Europe Securities Exchange Act of 1934 4 (the into after the implementation date. Untranched Transactions Swaption ‘‘Act’’) and the regulations thereunder, The LCH SA CDSClear proposed rule Standard Terms Supplement will be including the standards under Rule change is fully consistent with the 17Ad–22 5. In particular, Section updated with the date of the amended amendments of the ISDA credit iTraxx® Europe Untranched 17(A)(b)(3)(F)6 of the Act requires, derivatives documentation and Transactions Swaption Standard Terms among other things, that the rules of a incorporates changes to the standard Supplement as published by Markit clearing agency be designed to promote Indices Limited; the prompt and accurate clearance and terms of CDS Contracts widely adopted D Part C, Section 2.2 (f) and (g) will settlement of securities transactions and by market participants. be added to the Supplement—The Index derivatives agreements, contracts, and For all the reasons above, LCH SA Swaption Cleared Transaction transactions cleared and to assure the believes that the proposed rule change Confirmation will be amended for NTCE safeguarding of securities and funds is consistent with the requirements of Protocol covered transactions by making which are in the custody or control of Section 17A of the Securities Exchange the notions of Credit Deterioration the clearing agency or for which it is Act of 1934 9 (the ‘‘Act’’) and the Requirement and Fallback Discounting responsible and the protection of regulations thereunder, including the applicable, in accordance with the investors and the public interest.6 standards under Rule 17Ad–2210. Relevant Physical Settlement Matrix; Further, Rule 17d–22(e)(1) requires a D Part C, Section 2.3 (b) will be added covered clearing agency to provide for a B. Clearing Agency’s Statement on to the Supplement—The amendments well-founded, clear, transparent and Burden on Competition brought by the NTCE Protocol and enforceable legal basis for each aspect of subsequent NTCE Supplement to the its activities in all relevant jurisdictions. Section 17A(b)(3)(I) of the Act 2014 ISDA Credit Derivatives Rule 17d–22(e)(iii) also requires to requires that the rules of a clearing Definitions shall only be applicable support the objectives of participants. agency not impose any burden on where the Protocol Effectiveness The ISDA 2019 NTCE Protocol and competition not necessary or Condition, as defined in the NTCE Supplement are a wide industry’s appropriate in furtherance of the Protocol, is satisfied; response to the concerns raised by both purposes of the Act.11 D Part C, APPENDIX VIII, Section 1 market participants and regulators As mentioned above, the LCH SA will be updated with the date of the regarding NTCEs and their potential ® CDSClear proposed rule change is amended iTraxx Europe Untranched market on the CDS markets. reflecting the ISDA 2019 NTCE Protocol ISDA has expressed concern that Transactions Swaption Standard Terms and Supplement that is an industry ‘‘narrowly tailored defaults . . . could Supplement as published by Markit response and initiative applicable to all Indices Limited; negatively impact the efficiency, CDS market participants. D Part C, APPENDIX VIII, Section 2.4 reliability and fairness of the overall will be added to the Supplement— CDS market.’’ Regulators have also The proposed rule change would Mirroring the Part C, Section 2.3 (b) expressed concern with narrowly apply equally to all Clearing Members mentioned above, this addition ensures tailored or manufactured credit events, and their Clients and would not that the amendments brought by the including a joint statement by the heads adversely affect the ability of such NTCE Protocol and subsequent NTCE of the Commission, the Commodity members or other market participants Supplement to the 2014 ISDA Credit Futures Trading Commission and the generally to engage in cleared Derivatives Definitions shall only be UK Financial Conduct Authority that transactions or to access LCH SA’s applicable to CCM Client Transactions such strategies ‘‘may adversely affect the clearing services. where the Protocol Effectiveness integrity, confidence and reputation of Therefore, LCH SA does not believe Condition, as defined in the NTCE the credit derivatives markets, as well as that the proposed rule change would Protocol, is satisfied markets more generally. These impose a burden on competition not opportunistic strategies raise various (b) Amendments To Harmonize the Use issues under securities, derivatives, necessary or appropriate in furtherance and Definition of Outstanding Principal conduct and antifraud laws, as well as of the purposes of the Act. Balance policy concerns.’’ 7 LCH has noticed that the term 2019 Joint CFTC–SEC–FCA Statement on ‘‘Outstanding Principal Balance’’ 4 15 U.S.C. 78q–1. Opportunistic Strategies in the Credit Derivatives appears throughout the Supplement 5 17 CFR 240.17Ad–22. Market (Sept. 19, 2019). 8 using both small and capitalized letters. 6 15 U.S.C. 78q–1(b)(3)(F). Update to June 2019 Joint CFTC–SEC–FCA Statement on Opportunistic Strategies in the Credit The entire Supplement will be 7 Securities and Exchange Commission, Commodity Futures Trading Commission and UK Derivatives Markets (Sept. 19, 2019). harmonized in that sense that any Financial Conduct Authority, Joint Statement on 9 15 U.S.C. 78q–1. reference to an Outstanding Principal Opportunistic Strategies in the Credit Derivatives 10 17 CFR 240.17Ad–22. Balance shall be with capitalized letters, Markets (June 24, 2019); see also Update to June 11 15 U.S.C. 78q–1(b)(3)(I).

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C. Clearing Agency’s Statement on those that may be withheld from the and (10) and 17 CFR 200.402(a)(3), Comments on the Proposed Rule Change public in accordance with the (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and Received From Members, Participants or provisions of 5 U.S.C. 552, will be (a)(10), permit consideration of the Others available for website viewing and scheduled matters at the closed meeting. Written comments relating to the printing in the Commission’s Public The subject matters of the closed proposed rule change have not been Reference Room, 100 F Street NE, meeting will consist of the following solicited or received. LCH SA will Washington, DC 20549 on official topics: notify the Commission of any written business days between the hours of Institution and settlement of comments received by LCH SA. 10:00 a.m. and 3:00 p.m. Copies of the injunctive actions; filing also will be available for Institution and settlement of III. Date of Effectiveness of the inspection and copying at the principal administrative proceedings; Proposed Rule Change and Timing for office of LCH SA and on LCH SA’s Resolution of litigation claims; and Commission Action website at: https://www.lch.com/ Other matters relating to enforcement Within 45 days of the date of resources/rules-and-regulations/ proceedings. publication of this notice in the Federal proposed-rule-changes-0. All comments At times, changes in Commission Register or within such longer period received will be posted without change. priorities require alterations in the up to 90 days (i) as the Commission may Persons submitting comments are scheduling of meeting agenda items that designate if it finds such longer period cautioned that we do not redact or edit may consist of adjudicatory, to be appropriate and publishes its personal identifying information from examination, litigation, or regulatory reasons for so finding or (ii) as to which comment submissions. You should matters. the self-regulatory organization submit only information that you wish CONTACT PERSON FOR MORE INFORMATION: consents, the Commission will: to make available publicly. All For further information; please contact (A) By order approve or disapprove submissions should refer to File Vanessa A. Countryman from the Office such proposed rule change, or Number SR–LCH SA–2019–011 and of the Secretary at (202) 551–5400. should be submitted on or before (B) institute proceedings to determine Dated: December 4, 2019. December 30, 2019. whether the proposed rule change Vanessa A. Countryman, should be disapproved. For the Commission, by the Division of Secretary. Trading and Markets, pursuant to delegated IV. Solicitation of Comments authority.12 [FR Doc. 2019–26496 Filed 12–5–19; 11:15 am] Interested persons are invited to Jill M. Peterson, BILLING CODE 8011–01–P submit written data, views, and Assistant Secretary. arguments concerning the foregoing, [FR Doc. 2019–26408 Filed 12–6–19; 8:45 am] SECURITIES AND EXCHANGE including whether the proposed rule BILLING CODE 8011–01–P COMMISSION change is consistent with the Act. Comments may be submitted by any of [Release No. 34–87651; File No. SR– the following methods: SECURITIES AND EXCHANGE CboeBZX–2019–099] COMMISSION Electronic Comments Self-Regulatory Organizations; Cboe • Use the Commission’s internet Sunshine Act Meetings BZX Exchange, Inc.; Notice of Filing comment form (http://www.sec.gov/ and Immediate Effectiveness of a rules/sro.shtml); or TIME AND DATE: 1:00 p.m. on Wednesday, Proposed Rule Change To Allow the • Send an email to rule-comments@ December 11, 2019. Hartford Short Duration ETF To Hold sec.gov. Please include File Number SR– PLACE: The meeting will be held at the Certain Fixed Income Instruments in a LCH SA–2019–011 on the subject line. Commission’s headquarters, 100 F Manner That Does Not Comply With Street NE, Washington, DC 20549. Rule 14.11(i) Paper Comments STATUS: This meeting will be closed to December 3, 2019. • Send paper comments in triplicate the public. to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the MATTERS TO BE CONSIDERED: Securities Exchange Act of 1934 Commission, 100 F Street NE, Commissioners, Counsel to the 1 2 Washington, DC 20549–1090. (‘‘Act’’) and Rule 19b–4 thereunder, Commissioners, the Secretary to the notice is hereby given that, on All submissions should refer to File Commission, and recording secretaries November 20, 2019, Cboe BZX Number SR–LCH SA–2019–011. This will attend the closed meeting. Certain Exchange, Inc. (‘‘Exchange’’) filed with file number should be included on the staff members who have an interest in the Securities and Exchange subject line if email is used. To help the the matters also may be present. Commission (‘‘Commission’’) the Commission process and review your In the event that the time, date, or proposed rule change as described in comments more efficiently, please use location of this meeting changes, an Items I and II below, which Items have only one method. The Commission will announcement of the change, along with been prepared by the Exchange. The post all comments on the Commission’s the new time, date, and/or place of the Exchange filed the proposal as a ‘‘non- internet website (http://www.sec.gov/ meeting will be posted on the controversial’’ proposed rule change rules/sro.shtml). Copies of the Commission’s website at https:// pursuant to Section 19(b)(3)(A)(iii) of submission, all subsequent www.sec.gov. the Act 3 and Rule 19b–4(f)(6) amendments, all written statements The General Counsel of the thereunder.4 The Commission is with respect to the proposed rule Commission, or his designee, has publishing this notice to solicit change that are filed with the certified that, in his opinion, one or Commission, and all written more of the exemptions set forth in 5 1 15 U.S.C. 78s(b)(1). communications relating to the U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) 2 17 CFR 240.19b–4. proposed rule change between the 3 15 U.S.C. 78s(b)(3)(A)(iii). Commission and any person, other than 12 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).

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comments on the proposed rule change income weight of the portfolio to satisfy 14.11(i)(7) further requires that from interested persons. at least one of five conditions. personnel who make decisions on the Specifically, the Exchange submits this I. Self-Regulatory Organization’s investment company’s portfolio proposal in order to allow the Fund to Statement of the Terms of Substance of composition must be subject to hold instruments in a manner that may the Proposed Rule Change procedures designed to prevent the use not comply with Rule and dissemination of material Cboe BZX Exchange, Inc. (the 14.11(i)(4)(C)(ii)(d),6 as further nonpublic information regarding the ‘‘Exchange’’ or ‘‘BZX’’) is filing with the described below. The Exchange notes applicable investment company Securities and Exchange Commission that this proposed exception to Rule portfolio. Rule 14.11(i)(7) is similar to (‘‘Commission’’) a proposed rule change 14.11(i)(4)(C)(ii)(d) is substantively Rule 14.11(b)(5)(A)(i), however, Rule to allow the Hartford Short Duration identical to an exception included in 14.11(i)(7) in connection with the ETF (the ‘‘Fund’’), a series of Hartford two other rule filings that have been establishment of a ‘‘fire wall’’ between Funds Exchange-Traded Trust (the 7 approved by the Commission. the investment adviser and the broker- ‘‘Trust’’), to hold certain fixed income The Shares are offered by the Trust, dealer reflects the applicable open-end instruments in a manner that does not which was established as a Delaware fund’s portfolio, not an underlying comply with Rule 14.11(i) (‘‘Managed statutory trust on September 20, 2010. benchmark index, as is the case with Fund Shares’’). The Trust is registered with the index-based funds. The Adviser is not a The text of the proposed rule change Commission as an open-end investment is also available on the Exchange’s registered broker-dealer, but is affiliated company and has filed a registration with a broker-dealer and has website (http://markets.cboe.com/us/ statement on behalf of the Fund on _ implemented and will maintain ‘‘fire equities/regulation/rule filings/bzx/), at Form N–1A with the Commission.8 the Exchange’s Office of the Secretary, walls’’ with respect to such broker- Hartford Funds Management Company dealer regarding access to information and at the Commission’s Public LLC acts as adviser to the Fund (the Reference Room. concerning the composition and/or ‘‘Adviser’’). changes to the Fund’s portfolio. In Rule 14.11(i)(7) provides that, if the II. Self-Regulatory Organization’s addition, Adviser personnel who make investment adviser to the investment Statement of the Purpose of, and decisions regarding the Fund’s portfolio company issuing Managed Fund Shares Statutory Basis for, the Proposed Rule are subject to procedures designed to is affiliated with a broker-dealer, such Change prevent the use and dissemination of investment adviser shall erect and material nonpublic information In its filing with the Commission, the maintain a ‘‘fire wall’’ between the Exchange included statements investment adviser and the broker- regarding the Fund’s portfolio. In the concerning the purpose of and basis for dealer with respect to access to event that (a) the Adviser becomes the proposed rule change and discussed information concerning the composition registered as a broker-dealer or newly any comments it received on the and/or changes to such investment affiliated with another broker-dealer, or proposed rule change. The text of these company portfolio.9 In addition, Rule (b) any new adviser or sub-adviser is a statements may be examined at the registered broker-dealer or becomes places specified in Item IV below. The 6 Rule 14.11(i)(4)(C)(ii)(d) provides that affiliated with a broker-dealer, it will Exchange has prepared summaries, set ‘‘component securities that in aggregate account for implement and maintain a fire wall with forth in sections A, B, and C below, of at least 90% of the fixed income weight of the respect to its relevant personnel or such the most significant aspects of such portfolio must be either: (a) From issuers that are broker-dealer affiliate, as applicable, required to file reports pursuant to Sections 13 and statements. 15(d) of the Act; (b) from issuers that have a regarding access to information A. Self-Regulatory Organization’s worldwide market value of its outstanding common concerning the composition and/or equity held by non-affiliates of $700 million or Statement of the Purpose of, and changes to the portfolio, and will be more; (c) from issuers that have outstanding subject to procedures designed to Statutory Basis for, the Proposed Rule securities that are notes, bonds, debentures, or Change evidence of indebtedness having a total remaining prevent the use and dissemination of principal amount of at least $1 billion; (d) exempted 1. Purpose securities as defined in Section 3(a)(12) of the Act; Advisers Act of 1940 (the ‘‘Advisers Act’’). As a or (e) from issuers that are a government of a foreign The Shares are currently listed on the result, the Adviser and its related personnel are country or a political subdivision of a foreign subject to the provisions of Rule 204A–1 under the Exchange pursuant to the generic listing country.’’ The Exchange instead is proposing that Advisers Act relating to codes of ethics. This Rule standards under Rule 14.11(i) governing the fixed income portion of the portfolio excluding requires investment advisers to adopt a code of Managed Fund Shares and comply with Non-Agency ABS, as defined below, will satisfy this ethics that reflects the fiduciary nature of the 90% requirement. the generic listing standards.5 The relationship to clients as well as compliance with 7 See Securities Exchange Act Release Nos. 84047 other applicable securities laws. Accordingly, Exchange proposes to continue listing (September 6, 2018), 83 FR 46200 (September 12, procedures designed to prevent the communication and trading the Shares. The Shares 2018) (SR–NASDAQ–2017–128) (the ‘‘Nasdaq and misuse of non-public information by an would continue to comply with all of Approval Order’’); and 85701 (April 22, 2019), 84 investment adviser must be consistent with Rule the generic listing standards after FR 17902 (April 26, 2019) (SR–CboeBZX–2019–016) 204A–1 under the Advisers Act. In addition, Rule (the ‘‘Exchange Approval Order’’). 206(4)–7 under the Advisers Act makes it unlawful effectiveness of this proposal with the 8 The Trust filed a post-effective amendment to for an investment adviser to provide investment exception of the requirement of Rule the Registration Statement on March 1, 2019 (the advice to clients unless such investment adviser has 14.11(i)(4)(C)(ii)(d), that requires that ‘‘Registration Statement’’). See Registration (i) adopted and implemented written policies and component securities that in aggregate Statement on Form N–1A for the Trust (File Nos. procedures reasonably designed to prevent 333–215165 and 811–23222). The descriptions of violation, by the investment adviser and its account for at least 90% of the fixed the Fund and the Shares contained herein are supervised persons, of the Advisers Act and the based, in part, on information included in the Commission rules adopted thereunder; (ii) 5 The Commission originally approved BZX Rule Registration Statement. The Commission has issued implemented, at a minimum, an annual review 14.11(i) in Securities Exchange Act Release No. an order granting certain exemptive relief to the regarding the adequacy of the policies and 65225 (August 30, 2011), 76 FR 55148 (September Trust and affiliated persons under the Investment procedures established pursuant to subparagraph (i) 6, 2011) (SR–BATS–2011–018) and subsequently Company Act of 1940 (the ‘‘1940 Act’’) (15 U.S.C. above and the effectiveness of their approved generic listing standards for Managed 80a–1). See Investment Company Act Release No. implementation; and (iii) designated an individual Fund Shares under Rule 14.11(i) in Securities 30695 (September 24, 2013) (File No. 812–14178). (who is a supervised person) responsible for Exchange Act Release No. 78396 (July 22, 2016), 81 9 An investment adviser to an open-end fund is administering the policies and procedures adopted FR 49698 (July 28, 2016) (SR–BATS–2015–100). required to be registered under the Investment under subparagraph (i) above.

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material non-public information privately-issued mortgage-related and That is, while the Fund will be regarding such portfolio. other asset-backed securities permitted to borrow as permitted under The Exchange represents that the (collectively, ‘‘Non-Agency ABS’’), the 1940 Act, the Fund’s investments Shares of the Fund will continue to which it generally expects to include will not be used to seek performance comply with all other requirements (but not be limited to) the following that is the multiple or inverse multiple applicable to Managed Fund Shares, sectors: Private mortgage backed (i.e., 2Xs and 3Xs) of the Fund’s primary which include the dissemination of key securities, commercial mortgage backed broad-based securities benchmark index information such as the Disclosed securities, asset-backed securities (as defined in Form N–1A). The Fund Portfolio,10 Net Asset Value,11 and the (including autos, credit cards, will only use those derivatives Intraday Indicative Value,12 suspension equipment, consumer loans), and described above. The Fund’s use of of trading or removal,13 trading halts,14 collateralized loan obligations. In derivative instruments will be surveillance,15 minimum price variation accordance with Rule collateralized. 16 14.11(i)(4)(C)(ii)(e), the Fund’s holdings for quoting and order entry, the Discussion information circular,17 and firewalls 18 in Non-Agency ABS do not currently as set forth in Exchange rules applicable and will not in the future account for While the Fund currently meets all of to Managed Fund Shares and the orders more than 20% of the weight of the the generic listing standards under Rule approving such rules. The Trust is also fixed income portion of the portfolio, in 14.11(i), if the Fund had full flexibility required to comply with Rule 10A–3 the aggregate. to invest in a manner consistent with its under the Act for the continued listing The Fund will also generally invest investment strategy, it might not meet of the Shares of the Fund. The Fund up to 20% of its assets in cash and Cash the requirements of Rule Equivalents,21 listed derivatives,22 and 14.11(i)(4)(C)(ii)(d) because certain Non- intends to qualify each year as a 23 regulated investment company under OTC derivatives, although such Agency ABS by their nature cannot Subchapter M of the Internal Revenue holdings may exceed 20%. The Fund’s satisfy these requirements. As described Code of 1986, as amended. holdings in cash and Cash Equivalents, above, the Exchange is instead listed derivatives, and OTC derivatives proposing that the fixed income portion Hartford Short Duration ETF will be in compliance with all generic of the portfolio excluding Non-Agency listing standards, including those in The Fund seeks to provide current ABS will satisfy this 90% requirement. Rules 14.11(i)(4)(C)(iii), income and long-term total return. In The Exchange believes that this 14.11(i)(4)(C)(iv), 14.11(i)(4)(C)(v), and order to achieve its investment alternative limitation is appropriate 14.11(i)(4)(C)(vi), respectively. because Rule 14.11(i)(4)(C)(ii)(d) is not objective, under Normal Market The Fund’s investments, including Conditions,19 the Fund will invest designed for structured finance vehicles derivatives, will be consistent with the such as Non-Agency ABS and the primarily in investment grade and non- 1940 Act and the Fund’s investment investment grade fixed income overall weight of the Non-Agency ABS objective and policies and will not be held by the Fund will be limited to 20% securities, as described in Rule used to enhance leverage (although 14.11(i)(4)(C)(ii). Under Normal Market of the fixed income portion of the certain derivatives and other Fund’s portfolio as required under Rule Conditions, the Fund will invest the investments may result in leverage).24 majority of its net assets in fixed income 14.11(i)(4)(C)(ii)(e). The Exchange also notes that the Fund’s portfolio is securities, including bank loans or loan GSEs include Fannie Mae and Freddie Mac, but not participations. Such holdings in fixed Sallie Mae, which is no longer a government entity. consistent with the policy issues income securities currently meet the 21 As defined in Exchange Rule underlying the rule as a result of the requirements for fixed income 14.11(i)(4)(C)(iii)(b), Cash Equivalents are short- diversification provided by the term instruments with maturities of less than three investments and the Adviser’s selection instruments in Rule 14.11(i)(4)(C)(ii) months, which includes only the following: (i) U.S. and will continue to meet all of the Government securities, including bills, notes, and process, which closely monitors requirements of Rule 14.11(i)(4)(C)(ii) bonds differing as to maturity and rates of interest, investments to ensure maintenance of except for Rule 14.11(i)(4)(C)(ii)(d), as which are either issued or guaranteed by the U.S. credit and liquidity standards. As noted Treasury or by U.S. Government agencies or above, the remainder of the fixed discussed in more detail below. instrumentalities; (ii) certificates of deposit issued Among others, such fixed income against funds deposited in a bank or savings and income securities held by the Fund will securities that may be held by the Fund loan association; (iii) bankers acceptances, which satisfy the requirements of Rule include non-agency, non-GSE,20 and are short-term credit instruments used to finance 14.11(i)(4)(C)(ii)(d) and the remainder of commercial transactions; (iv) repurchase the Fund’s portfolio, including fixed agreements and reverse repurchase agreements; (v) 10 See Rule 14.11(i)(4)(A)(ii) and 14.11(i)(4)(B)(ii). bank time deposits, which are monies kept on income securities, will meet all other 11 See Rule 14.11(i)(4)(A)(ii). deposit with banks or savings and loan associations applicable generic listing standards 12 See Rule 14.11(i)(4)(B)(i). for a stated period of time at a fixed rate of interest; under Rule 14.11(i)(4)(C). Further, 13 See Rule 14.11(i)(4)(B)(iii). (vi) commercial paper, which are short-term allowing the Fund full flexibility to 14 unsecured promissory notes; and (vii) money See Rule 14.11(i)(4)(B)(iv). market funds. implement its fixed income strategy and 15 See Rule 14.11(i)(2)(C). 22 For purposes of this filing, listed derivatives further diversify its holdings to provide 16 See Rule 14.11(i)(2)(B). include only the following instruments: Treasury 17 See Rule 14.11(i)(6). futures, U.S. interest rate futures, and Eurodollar liquid by the Adviser in accordance with 18 See Rule 14.11(i)(7). futures. procedures established by the Trust’s Board and in 19 As provided in Rule 14.11(i)(3)(E), the term 23 For purposes of this filing, OTC derivatives accordance with the 1940 Act (or, as permitted by ‘‘Normal Market Conditions’’ includes, but is not include only the following instruments: Interest rate applicable regulations, enter into certain offsetting limited to, the absence of trading halts in the swaps, currency forwards, and credit default swap positions) to cover its obligations under derivative applicable financial markets generally; operational indices. instruments. These procedures have been adopted issues causing dissemination of inaccurate market 24 The Fund will include appropriate risk consistent with Section 18 of the 1940 Act and information or system failures; or force majeure disclosure in its offering documents, including related Commission guidance. See 15 U.S.C. 80a– type events such as natural or man-made disaster, leveraging risk. Leveraging risk is the risk that 18; Investment Company Act Release No. 10666 act of God, armed conflict, act of terrorism, riot or certain transactions of a fund, including a fund’s (April 18, 1979), 44 FR 25128 (April 27, 1979); labor disruption, or any similar intervening use of derivatives, may give rise to leverage, causing Dreyfus Strategic Investing, Commission No-Action circumstance. a fund to be more volatile than if it had not been Letter (June 22, 1987); Merrill Lynch Asset 20 A ‘‘GSE’’ is a type of financial services leveraged. To mitigate leveraging risk, the Fund will Management, L.P., Commission No-Action Letter corporation created by the United States Congress. segregate or earmark liquid assets determined to be (July 2, 1996).

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exposure to a broader array of fixed requirements. FINRA conducts certain 2. Statutory Basis income securities would allow the Fund cross-market surveillances on behalf of to better achieve its investment the Exchange pursuant to a regulatory The Exchange believes that the objective and, as such, benefit both services agreement. The Exchange is proposal is consistent with Section 6(b) existing and future investors in the of the Act 35 in general and Section responsible for FINRA’s performance 36 Fund. under this regulatory services 6(b)(5) of the Act in particular in that it is designed to prevent fraudulent and The Exchange represents that the agreement. If the Fund is not in manipulative acts and practices, to Shares of the Fund will continue to compliance with the applicable listing promote just and equitable principles of comply with all other requirements requirements, the Exchange will applicable to Managed Fund Shares, trade, to foster cooperation and commence delisting procedures with which include the dissemination of key coordination with persons engaged in respect to such Fund under Exchange information such as the Disclosed facilitating transactions in securities, to Portfolio,25 Net Asset Value,26 and the Rule 14.12. remove impediments to and perfect the Intraday Indicative Value,27 suspension Availability of Information mechanism of a free and open market of trading or removal,28 trading halts,29 and a national market system and, in surveillance,30 minimum price variation As noted above, the Fund will comply general, to protect investors and the for quoting and order entry,31 the with the requirements under Rule public interest in that the Shares will information circular,32 and firewalls 33 14.11(i) related to Disclosed Portfolio, meet each of the continued listing as set forth in Exchange rules applicable NAV, and the intraday indicative value. criteria in BZX Rule 14.11(i) with the to Managed Fund Shares and the orders Intraday price quotations on fixed exception of Rule 14.11(i)(4)(C)(ii)(d) as approving such rules. The Exchange income securities and OTC derivative specifically discussed herein. may obtain information regarding instruments are available from major While the Fund currently meets all of trading in the Shares and the underlying broker-dealer firms and from third- the generic listing standards under Rule futures contracts via the Intermarket parties, which may provide prices free 14.11(i), if the Fund were permitted full Surveillance Group (‘‘ISG’’) from other with a time delay or in real-time for a flexibility to invest consistent with its exchanges who are a member of ISG or paid fee. Additionally, the intraday, investment strategy, it might not meet affiliated with a member of ISG or with closing and settlement prices of futures the requirements of Rule which the Exchange has entered into a contracts held by the Fund will be 14.11(i)(4)(C)(ii)(d) because certain Non- comprehensive surveillance sharing 34 readily available from the exchanges on Agency ABS by their nature cannot agreement. Additionally, the which such products are listed, Exchange or FINRA, on behalf of the satisfy these requirements. The automated quotation systems, published Exchange, are able to access, as needed, Exchange believes that excluding Non- or other public sources, or online trade information for certain fixed Agency ABS from this calculation is income instruments reported to FINRA’s information services such as Bloomberg consistent with the Act because the Trade Reporting and Compliance Engine or Reuters. Price information for Cash Fund’s portfolio will minimize the risk (‘‘TRACE’’). All statements and Equivalents will be available from major associated with any particular holding representations made in this filing market data vendors. The Disclosed of the Fund as a result of the regarding the description of the Portfolio will be available on the Fund’s diversification provided by the portfolio or reference assets, limitations website (www.hartfordfunds.com) free investments and the Adviser’s selection on portfolio holdings or reference assets, of charge. The Fund’s website will process, which closely monitors dissemination and availability of include the prospectus for the Fund and investments to ensure maintenance of reference asset and intraday indicative additional information related to NAV credit and liquidity standards. Further, values (as applicable), or the and other applicable quantitative the Exchange believes that this applicability of Exchange listing rules information. Information regarding alternative limitation is appropriate specified in this filing shall constitute market price and trading volume of the because Rule 14.11(i)(4)(C)(ii)(d) is not continued listing requirements for the Shares will be continuously available designed for structured finance vehicles Shares. The Fund has represented to the throughout the day on brokers’ such as Non-Agency ABS and the Exchange that it will advise the computer screens and other electronic overall weight of the Non-Agency ABS Exchange of any failure by the Fund or services. Information regarding the held by the Fund will be limited to 20% of the fixed income portion of the Shares to comply with the continued previous day’s closing price and trading Fund’s portfolio as required under Rule listing requirements, and, pursuant to volume for the Shares will be published 14.11(i)(4)(C)(ii)(e). The Exchange also its obligations under Section 19(g)(1) of daily in the financial section of notes that the Fund’s portfolio will meet the Act, the Exchange will surveil for newspapers. Trading in the Shares may compliance with the continued listing all of the other generic listing standards be halted for market conditions or for applicable under Rule 14.11(i), which reasons that, in the view of the 25 will further act to mitigate the See Rule 14.11(i)(4)(A)(ii) and 14.11(i)(4)(B)(ii). Exchange, make trading inadvisable. 26 See Rule 14.11(i)(4)(A)(ii). manipulation concerns which the rules 27 See Rule 14.11(i)(4)(B)(i). The Exchange deems the Shares to be are intended to address. Further, the 28 See Rule 14.11(i)(4)(B)(iii). equity securities, thus rendering trading other fixed income instruments, 29 See Rule 14.11(i)(4)(B)(iv). in the Shares subject to the Exchange’s excluding Non-Agency ABS, held by the 30 See Rule 14.11(i)(2)(C). existing rules governing the trading of Fund will satisfy the 90% requirement 31 See Rule 14.11(i)(2)(B). equity securities. The Exchange has 32 under Rule 14.11(i)(4)(C)(ii)(d). See Rule 14.11(i)(6). appropriate rules to facilitate trading in 33 See Rule 14.11(i)(7). Consistent with Rule 34 For a list of the current members and affiliate the Shares during all trading sessions. 14.11(i)(4)(C)(ii)(e), the Non-Agency members of ISG, see www.isgportal.com. The The Exchange prohibits the distribution ABS held by the Fund will not account, Exchange notes that not all components of the of material non-public information by in the aggregate, for more than 20% of Disclosed Portfolio for the Fund may trade on its employees. Quotation and last sale markets that are members of ISG or with which the 35 Exchange has in place a comprehensive information for the Shares will be 15 U.S.C. 78f(b). surveillance sharing agreement. available via the CTA high-speed line. 36 15 U.S.C. 78f(b)(5).

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the weight of the fixed income portion surveillance, minimum price variation in the Shares inadvisable. Finally, of the portfolio. for quoting and order entry, the trading in the Shares will be subject to As noted above, the remainder of the information circular, and firewalls as set Rule 14.11(i)(4)(B)(iv), which sets forth Fund’s portfolio, including fixed forth in Exchange rules applicable to circumstances under which Shares may income securities, will meet all other Managed Fund Shares. be halted. In addition, as noted above, applicable generic listing standards The proposed rule change is designed investors will have ready access to under Rule 14.11(i)(4)(C). Allowing the to promote just and equitable principles information regarding the Fund’s Fund full flexibility to implement its of trade and to protect investors and the holdings, the Intraday Indicative Value, fixed income strategy and further public interest in that the Exchange will the Disclosed Portfolio, and quotation diversify its holdings to provide obtain a representation from the issuer and last sale information for the Shares. exposure to a broader array of fixed of the Shares that the NAV per Share Intraday price quotations on fixed income securities would allow the Fund will be calculated daily and that the income securities and OTC derivative to better achieve its investment NAV and the Disclosed Portfolio will be instruments are available from major objective and, as such, benefit both made available to all market broker-dealer firms and from third- existing and future investors in the participants at the same time. In parties, which may provide prices free Fund. addition, a large amount of information with a time delay or in real-time for a The Exchange believes that its is publicly available regarding the Fund paid fee. Additionally, the intraday, surveillance procedures are adequate to and the Shares, thereby promoting closing and settlement prices of futures properly monitor the trading of the market transparency. Moreover, the contracts held by the Fund will be Shares on the Exchange during all Intraday Indicative Value will be readily available from the exchanges on trading sessions and to deter and detect disseminated by one or more major which such products are listed, violations of Exchange rules and the market data vendors at least every 15 automated quotation systems, published applicable federal securities laws. Rule seconds during Regular Trading Hours. or other public sources, or online 14.11(i)(7) provides that, if the On each business day, before information services such as Bloomberg investment adviser to the investment commencement of trading in Shares or Reuters. Price information for Cash company issuing Managed Fund Shares during Regular Trading Hours, the Fund Equivalents will be available from major is affiliated with a broker-dealer, such will disclose on its website the market data vendors. The Exchange investment adviser shall erect a ‘‘fire Disclosed Portfolio that will form the prohibits the distribution of material wall’’ between the investment adviser basis for the Fund’s calculation of NAV non-public information by its and the broker-dealer with respect to at the end of the business day. The employees. access to information concerning the Fund’s website will include additional The proposed rule change is designed composition and/or changes to such quantitative information updated on a to perfect the mechanism of a free and investment company portfolio. The daily basis, including, for the Fund: (1) open market and, in general, to protect Adviser is not a registered broker-dealer, The prior business day’s NAV and the investors and the public interest in that but is affiliated with a broker-dealer and market closing price or mid-point of the has implemented and will maintain Bid/Ask Price,37 and a calculation of the it will facilitate the continued listing ‘‘fire walls’’ with respect to such broker- premium or discount of the market and trading of an actively-managed dealer regarding access to information closing price or Bid/Ask Price against exchange traded product that will concerning the composition and/or the NAV; and (2) data in chart format enhance competition among market changes to the Fund’s portfolio. In displaying the frequency distribution of participants, to the benefit of investors addition, Adviser personnel who make discounts and premiums of the daily and the marketplace. As noted above, decisions regarding the Fund’s portfolio market closing price or Bid/Ask Price the Exchange has in place surveillance are subject to procedures designed to against the NAV, within appropriate procedures relating to trading in the prevent the use and dissemination of ranges, for each of the four previous Shares and may obtain information via material nonpublic information calendar quarters. Additionally, ISG, from other exchanges that are regarding the Fund’s portfolio. information regarding market price and members of ISG, or with which the Additionally, the Exchange or FINRA, trading of the Shares will be continually Exchange has entered into a on behalf of the Exchange, are able to available on a real-time basis throughout comprehensive surveillance sharing access, as needed, trade information for the day on brokers’ computer screens agreement. In addition, the Exchange, or certain fixed income instruments and other electronic services, and FINRA, on behalf of the Exchange, is reported to TRACE. The Exchange may quotation and last sale information for able to access, as needed, trade obtain information regarding trading in the Shares will be available on the information for certain fixed income the Shares via the ISG from other facilities of the Consolidated Tape instruments reported to TRACE. FINRA exchanges who are a member of ISG or Association. The website for the Fund can also access data obtained from the affiliated with a member of ISG or with will include a form of the prospectus for Municipal Securities Rulemaking which the Exchange has entered into a the Fund and additional data relating to Board’s Electronic Municipal Market comprehensive surveillance sharing NAV and other applicable quantitative Access system relating to municipal agreement. The Exchange further notes information. Trading in Shares of a bond trading activity for surveillance that the Fund will meet and be subject Fund will be halted under the purposes in connection with trading in to all other requirements of the generic conditions specified in Rule 11.18. the Shares. As noted above, investors listing rules and other applicable Trading may also be halted because of will also have ready access to continued listing requirements for market conditions or for reasons that, in information regarding the Fund’s Managed Fund Shares under Rule the view of the Exchange, make trading holdings, the Intraday Indicative Value, 14.11(i), including those requirements the Disclosed Portfolio, and quotation regarding the dissemination of key 37 The Bid/Ask Price of a Fund will be and last sale information for the Shares. information such as the Disclosed determined using the highest bid and the lowest For the above reasons, the Exchange Portfolio, Net Asset Value, and the offer on the Exchange as of the time of calculation believes that the proposed rule change of the Fund’s NAV. The records relating to Bid/Ask Intraday Indicative Value, suspension of Prices will be retained by the Fund or its service is consistent with the requirements of trading or removal, trading halts, providers. Section 6(b)(5) of the Act.

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B. Self-Regulatory Organization’s comply with the generic listing Electronic Comments Statement on Burden on Competition standards. The Exchange further • Use the Commission’s internet The Exchange does not believe that represents that the Shares would continue to comply with all of the comment form (http://www.sec.gov/ the proposed rule change will impose rules/sro.shtml); or any burden on competition that is not generic listing standards after • necessary or appropriate in furtherance effectiveness of this proposal, with the Send an email to rule-comments@ of the purpose of the Act. The Exchange exception of BZX Rule sec.gov. Please include File Number SR– notes that the proposed rule change, 14.11(i)(4)(C)(ii)(d), which requires that CboeBZX–2019–099 on the subject line. component securities that in aggregate rather will facilitate the fixed income Paper Comments strategy of an actively-managed account for at least 90% of the fixed exchange-traded product that will allow income weight of the portfolio to satisfy • Send paper comments in triplicate 42 the Fund to better compete in the at least one of five conditions. The to Secretary, Securities and Exchange marketplace, thus enhancing Commission notes that, in the context of Commission, 100 F Street NE, competition among both market holdings in Non-Agency ABS, the Washington, DC 20549–1090. participants and listing venues, to the proposed exception to BZX Rule benefit of investors and the marketplace. 14.11(i)(4)(C)(ii)(d) is consistent with an All submissions should refer to File exception applied in other proposed Number SR–CboeBZX–2019–099. This C. Self-Regulatory Organization’s rule changes that have been approved file number should be included on the Statement on Comments on the by the Commission.43 Accordingly, the subject line if email is used. To help the Proposed Rule Change Received From Commission believes that the proposal Commission process and review your Members, Participants, or Others raises no new or novel regulatory issues comments more efficiently, please use The Exchange has neither solicited and that waiver of the 30-day operative only one method. The Commission will nor received written comments on the delay is consistent with the protection post all comments on the Commission’s proposed rule change. of investors and the public interest. The internet website (http://www.sec.gov/ III. Date of Effectiveness of the Commission therefore waives the 30-day rules/sro.shtml). Copies of the Proposed Rule Change and Timing for operative delay and designates the submission, all subsequent Commission Action proposed rule change to be operative amendments, all written statements upon filing.44 with respect to the proposed rule Because the proposed rule change change that are filed with the does not: (i) Significantly affect the At any time within 60 days of the Commission, and all written protection of investors or the public filing of the proposed rule change, the communications relating to the interest; (ii) impose any significant Commission summarily may burden on competition; and (iii) become temporarily suspend such rule change if proposed rule change between the operative for 30 days from the date on it appears to the Commission that such Commission and any person, other than which it was filed, or such shorter time action is necessary or appropriate in the those that may be withheld from the as the Commission may designate, it has public interest, for the protection of public in accordance with the become effective pursuant to Section investors, or otherwise in furtherance of provisions of 5 U.S.C. 552, will be 19(b)(3)(A) of the Act 38 and Rule 19b– the purposes of the Act. If the available for website viewing and 4(f)(6) thereunder.39 Commission takes such action, the printing in the Commission’s Public A proposed rule change filed Commission will institute proceedings Reference Room, 100 F Street NE, pursuant to Rule 19b–4(f)(6) under the to determine whether the proposed rule Washington, DC 20549 on official Act 40 normally does not become change should be approved or business days between the hours of operative for 30 days after the date of its disapproved. 10:00 a.m. and 3:00 p.m. Copies of the 41 filing. However, Rule 19b–4(f)(6)(iii) IV. Solicitation of Comments filing also will be available for permits the Commission to designate a inspection and copying at the principal shorter time if such action is consistent Interested persons are invited to office of the Exchange. All comments with the protection of investors and the submit written data, views, and received will be posted without change. public interest. The Exchange has arguments concerning the foregoing, Persons submitting comments are requested that the Commission waive including whether the proposed rule cautioned that we do not redact or edit the 30-day operative delay so that the change is consistent with the Act. personal identifying information from proposed rule change may become Comments may be submitted by any of comment submissions. You should operative upon filing. the following methods: submit only information that you wish The Exchange represents that the to make available publicly. All Shares are currently listed on the 42 The Exchange also represents that the Shares of submissions should refer to File Exchange pursuant to the generic listing the Fund will continue to comply with all other Number SR–CboeBZX–2019–099 and standards under BZX Rule 14.11(i) requirements applicable to Managed Fund Shares, should be submitted on or before governing Managed Fund Shares and which include the dissemination of key information such as the Disclosed Portfolio, Net Asset Value, December 30, 2019. and the Intraday Indicative Value, suspension of 38 15 U.S.C. 78s(b)(3)(A). trading or removal, trading halts, surveillance, For the Commission, by the Division of 39 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– minimum price variation for quoting and order Trading and Markets, pursuant to delegated 4(f)(6)(iii) requires a self-regulatory organization to entry, the information circular, and firewalls as set authority.45 give the Commission written notice of its intent to forth in Exchange rules applicable to Managed file the proposed rule change, along with a brief Fund Shares and the orders approving such rules. Jill M. Peterson, description and text of the proposed rule change, See supra notes 10–18 and accompanying text. Assistant Secretary. at least five business days prior to the date of filing 43 See supra note 7. [FR Doc. 2019–26406 Filed 12–6–19; 8:45 am] of the proposed rule change, or such shorter time 44 For purposes only of waiving the 30-day as designated by the Commission. The Exchange operative delay, the Commission has also BILLING CODE 8011–01–P has satisfied this requirement. considered the proposed rule’s impact on 45 17 CFR 200.30–3(a)(12). 40 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 41 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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DEPARTMENT OF STATE • Average Time per Response: 10 time of entry and for three years after minutes. entry. [Public Notice 10950] • Total Estimated Burden Time: 1,666 David F. Hogan, 30 Day Notice of Proposed Information hours. Acting Deputy Assistant Secretary. Collection: Shrimp Exporter’s/ • Frequency: On Occasion. [FR Doc. 2019–26454 Filed 12–6–19; 8:45 am] Importer’s Declaration • Obligation to Respond: Mandatory. BILLING CODE 4710–09–P ACTION: Notice of request for public We are soliciting public comments to comment and submission to OMB of permit the Department to: proposed collection of information. DEPARTMENT OF STATE • Evaluate whether the proposed [Public Notice 10790] SUMMARY: The Department of State has information collection is necessary for submitted the information collection the proper functions of the Department. 60-Day Notice of Proposed Information described below to the Office of • Evaluate the accuracy of our Collection: SAMS-Domestic Results Management and Budget (OMB) for estimate of the time and cost burden for Performance Module (SAMS-D RPM) approval. In accordance with the this proposed collection, including the Paperwork Reduction Act of 1995 we validity of the methodology and ACTION: Notice of request for public are requesting comments on this assumptions used. comment. collection from all interested • Enhance the quality, utility, and individuals and organizations. The SUMMARY: The Department of State is clarity of the information to be purpose of this Notice is to allow 30 seeking Office of Management and collected. days for public comment. Budget (OMB) approval for the • DATES: Submit comments directly to the Minimize the reporting burden on information collection described below. Office of Management and Budget those who are to respond, including the In accordance with the Paperwork (OMB) up to January 8, 2020. use of automated collection techniques Reduction Act of 1995, we are or other forms of information ADDRESSES: Direct comments to the requesting comments on this collection Department of State Desk Officer in the technology. from all interested individuals and Office of Information and Regulatory Please note that comments submitted in organizations. The purpose of this Affairs at the Office of Management and response to this Notice are public notice is to allow 60 days for public Budget (OMB). You may submit record. Before including any detailed comment preceding submission of the comments by the following methods: personal information, you should be collection to OMB. • Email: oira_submission@ aware that your comments as submitted, DATES: The Department will accept omb.eop.gov. You must include the DS including your personal information, comments from the public up to form number, information collection will be available for public review. February 7, 2020. title, and the OMB control number in ADDRESSES: You may submit comments Abstract of Proposed Collection the subject line of your message. by the following method: • Fax: 202–395–5806. Attention: Desk The DS–2031 form is necessary to • Web: Persons with access to the Officer for Department of State. document imports of shrimp and internet may comment on this notice by FOR FURTHER INFORMATION CONTACT: products from shrimp pursuant to the going to www.Regulations.gov. You can Direct requests for additional State Department’s implementation of search for the document by entering information regarding the collection Section 609 of Public Law 101–162, ‘‘Docket Number: DOS–2019–0017’’ in listed in this notice, including requests which prohibits the entry into the the Search field. Then click the for copies of the proposed collection United States of shrimp harvested in ‘‘Comment Now’’ button and complete instrument and supporting documents, ways which are harmful to sea turtles. the comment form. to Joseph Fette, Section 609 Program Respondents are exporters of shrimp You must include the DS form Manager, Office of Marine Conservation, and products from shrimp and number (if applicable), information Bureau of Oceans and International government officials in countries that collection title, and the OMB control Environmental and Scientific Affairs, export shrimp and products from number in any correspondence. Department of State, Washington, DC shrimp to the United States. The FOR FURTHER INFORMATION CONTACT: 20520–2758, who may be reached on importer is required to present the DS– Direct requests for additional 202–647–3263 or at [email protected]. 2031 form at the port of entry into the information regarding the collection SUPPLEMENTARY INFORMATION: United States, to retain the DS–2031 listed in this notice, including requests • Title of Information Collection: form for a period of three years for copies of the proposed collection Shrimp Exporter’s/Importer’s subsequent to entry, and during that instrument and supporting documents, Declaration. time to make the DS–2031 form may be sent to Natalie Donahue, Chief • OMB Control Number: 1405–0095. • available to U.S. Customs and Border of Evaluation, Bureau of Educational Type of Request: Extension of a Protection or the Department of State and Cultural Affairs, who may be Currently Approved Collection. upon request. reached at (202) 632–6193 or • Originating Office: Bureau of [email protected]. Oceans and International Environmental Methodology and Scientific Affairs, Office of Marine SUPPLEMENTARY INFORMATION: • Conservation (OES/OMC). The DS–2031 form is completed by Title of Information Collection: • Form Number: DS–2031. the exporter, the importer, and under SAMS-Domestic Results Performance • Respondents: Business or other for- certain conditions a government official Module (SAMS-D RPM). profit organizations. of the harvesting country. The DS–2031 • OMB Control Number: None. • Estimated Number of Respondents: form accompanies shipments of shrimp • Type of Request: New collection. 3,000. and shrimp product to the United States • Originating Office: Educational and • Estimated Number of Responses: and is to be made available to U.S. Cultural Affairs (ECA/P/V). 10,000. Customs and Border Protection at the • Form Number: No form.

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• Respondents: Implementing Methodology All comments—including filings from partners of ECA grants and cooperative Information will be entered into new applicants, updates to existing agreements. arbitrator information, and • SAMS-D RPM electronically by Estimated Number of Respondents: respondents (ECA implementing confirmations of continued 100. partners). Non-respondents will submit availability—should be submitted by • 1 Estimated Number of Responses: their quarterly reports on paper. January 14, 2020. The Board will assess 250 per year (most respondents report each new applicant’s qualifications to on a semi-annual basis; though there are Aleisha Woodward, determine which individuals can ably some that will report more frequently). Deputy Assistant Secretary for Policy. serve as arbitrators based on the criteria • Average Time per Response: 20 [FR Doc. 2019–26436 Filed 12–6–19; 8:45 am] established under 49 CFR 1108.6(b). The hours. BILLING CODE 4710–05–P Board will then establish an updated • Total Estimated Burden Time: 5,000 roster of arbitrators by no-objection vote. hours per year. The roster will include a brief • Frequency: At least twice per year. SURFACE TRANSPORTATION BOARD biographical sketch of each arbitrator, • Obligation to Respond: Voluntary. including information such as We are soliciting public comments to [Docket No. EP 730 (Sub-No. 1)] background, area(s) of expertise, arbitration experience, and geographical permit the Department to: Roster of Arbitrators—Annual Update • Evaluate whether the proposed location, as well as contact information information collection is necessary for Pursuant to 49 U.S.C. 11708, the and fees. The roster will be published the proper functions of the Department. Board’s regulations establish a voluntary on the Board’s website. • Evaluate the accuracy of our and binding arbitration process to It is ordered: estimate of the time and cost burden for resolve rail rate and practice complaints 1. Applications from persons this proposed collection, including the that are subject to the Board’s interested in being added to the Board’s validity of the methodology and jurisdiction. Section 11708(f) provides roster of arbitrators, and confirmations assumptions used. that, unless parties otherwise agree, an of continued availability (with updates, • Enhance the quality, utility, and arbitrator or panel of arbitrators shall be if any, to existing arbitrator information) clarity of the information to be selected from a roster maintained by the from persons currently on the collected. Board. Accordingly, the Board’s rules arbitration roster, are due by January 14, 2020. • Minimize the reporting burden on establish a process for creating and 2. This decision will be served on all those who are to respond, including the maintaining a roster of arbitrators. 49 current arbitrators and published in the use of automated collection techniques CFR 1108.6(b). Federal Register. or other forms of information The Board most recently updated its 3. This decision is effective on the technology. roster of arbitrators by decision served date of service. Please note that comments submitted March 28, 2019. The roster is published in response to this Notice are public on the Board’s website at https:// Decided: December 3, 2019. record. Before including any detailed www.stb.gov/ (click the ‘‘Resources’’ tab By the Board, Allison C. Davis, Director, personal information, you should be and select ‘‘Litigation Alternatives’’ Office of Proceedings. aware that your comments as submitted, from the drop down menu). Jeffrey Herzig, including your personal information, Under 49 CFR 1108.6(b), the Board is Clearance Clerk. will be available for public review. to update the roster of arbitrators [FR Doc. 2019–26489 Filed 12–6–19; 8:45 am] annually. Accordingly, the Board is now BILLING CODE 4915–01–P Abstract of Proposed Collection requesting the names and qualifications As a normal course of business and in of new arbitrators who wish to be compliance with OMB Guidelines placed on the roster. Current arbitrators DEPARTMENT OF TRANSPORTATION contained in Circular A–110, recipient who wish to remain on the roster must organizations are required to provide, notify the Board of their continued Federal Aviation Administration and the U.S. State Department required availability and confirm that the Notice of Closure of Airport; Orange to collect, periodic program and biographical information on file with City Municipal Airport, Orange City, financial performance reports. The the Board remains accurate and if not, Iowa, Friday, January 31, 2020 responsibility of the State Department to provide any necessary updates. track and monitor the programmatic and Arbitrators who do not confirm their AGENCY: Federal Aviation financial performance necessitates a continued availability will be removed Administration, Department of database that can help facilitate this in from the roster. This decision will be Transportation. a consistent and standardized manner. served on all current arbitrators. ACTION: Notice of permanent closure. The SAMS-D RPM enables enhanced Any person who wishes to be added monitoring and evaluation of grants and to the roster should file an application SUMMARY: The Federal Aviation cooperative agreements through describing his or her experience with Administration (FAA) received written standardized collection and storage of rail transportation and economic notice, dated September 6, 2019, from relevant award elements, such as regulation, as well as professional or the City of Orange City advising that on quarterly progress reports, workplans, business experience, including January 31, 2020, it was permanently results monitoring plans, grant agriculture, in the private sector. Each closing Orange City Municipal Airport agreements, financial reports, and other applicant should also describe his or her (ORC), Orange City, Iowa; the notice business information related to ECA training in dispute resolution and/or was in excess of 30 days before the implementing partners. The SAMS-D experience in arbitration or other forms closure. The FAA hereby publishes the RPM streamlines communication with of dispute resolution, including the 1 Persons who have informally indicated an implementers and allows for rapid number of years of experience. Lastly, interest in being included on the arbitrator roster identification of information gaps for the applicant should provide his or her (e.g., correspondence to Board members) should specific projects. contact information and fees. submit a comment pursuant to this decision.

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City of Orange City’s notice of FAA Central Region, 816.329.2600, Issued in Kansas City, MO, on December 4, permanent closure of Orange City office. 2019. Municipal Airport. Dated: December 4, 2019. SUPPLEMENTARY INFORMATION: The City’s DATES: The permanent closure of the letter regarding the submittal of the Rodney N. Joel, airport is effective as of January 31, Release of Airport Property and Closure Acting Director Airports Division—Central 2020. Plan for the Orange City Municipal Region. FOR FURTHER INFORMATION CONTACT: Jim Airport, Orange City, Iowa (ORC) dated BILLING CODE P Johnson, Director, Airports Division, September 6, 2019, is attached.

[FR Doc. 2019–26455 Filed 12–6–19; 8:45 am] BILLING CODE C

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DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket Avenue SW, Washington, DC 20591; Operations in Room W12–140 of the telephone: (202) 267–6500. Federal Aviation Administration West Building Ground Floor at 1200 SUPPLEMENTARY INFORMATION: [Summary Notice No. 2019–71] New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., Background Petition for Exemption; Summary of Monday through Friday, except Federal Petition Received; Cities of Mendota holidays. Hazardous Inflight Weather Advisory and Reedley, California FOR FURTHER INFORMATION CONTACT: Service (HIWAS) is a continuous Linda S. Lane (202) 267–7280, Office of broadcast of weather advisories over a AGENCY: Federal Aviation Rulemaking, Federal Aviation limited nationwide network of VORs Administration (FAA), Department of Administration, 800 Independence that provide pilots with meteorological Transportation (DOT). Avenue SW, Washington, DC 20591. information relating to hazardous ACTION: Notice. This notice is published pursuant to weather. Since the early 1980s, the 14 CFR 11.85. broadcast, available in various locations SUMMARY: This notice contains a of the contiguous United States summary of a petition seeking relief Issued in Washington, DC, on December 3, 2019. (CONUS) allows pilots to access from specified requirements of Federal hazardous weather information while Brandon Roberts, Aviation Regulations. The purpose of inflight without going through a Flight this notice is to improve the public’s Acting Executive Director, Office of Service specialist. awareness of, and participation in, the Rulemaking. With the advent of the internet and FAA’s exemption process. Neither Petition for Exemption publication of this notice nor the other technology, the demand for inclusion or omission of information in Docket No.: FAA–2019–0691. inflight services from Flight Service the summary is intended to affect the Petitioner: Cities of Mendota and specialists has declined. Staffing was legal status of the petition or its final Reedley, California. 3,000+ specialists in more than 300 Section(s) of 14 CFR Affected: disposition. facilities during the early 1980s and §§ 21.181(a)(3)(i), 21.190(a), 43.1(d), now consists of three hub facilities. In DATES: Comments on this petition must 43.3(g), 43.7(g) and (h), 61.23(c), 2018, radio contacts dropped to less identify the petition docket number and 61.31(1)(2)(vi), 61.89(c), 61.303(a) and than 900 per day from an average of must be received on or before December (b)(4), 61.305(a)(2), 61.315(a) and (c), 10,000 radio contacts per day. 30, 2019. 61.317, 61.321, 61.325, 61.327(b)(2), Demand for inflight services has ADDRESSES: Send comments identified 61.403(b), 61.411, 61.415(e)(g) and (h), diminished since the inception of by docket number FAA–2019–0691 61.417, 61.419, 61.423(a)(2)(iii)(A) and HIWAS while access has never been using any of the following methods: (D) and (a)(2)(iv), 61.423(b), 61.429(c), • greater, which indicates that pilots are Federal eRulemaking Portal: Go to and 65.107(b) and (c). migrating to other means of obtaining Description of Relief Sought: The http://www.regulations.gov and follow inflight weather advisories. Multiple relief sought by the petitioners will the online instructions for sending your sources are available that provide access allow them to operate four Pipistrel comments electronically. to weather and aeronautical information • Alpha Electro aircraft with the issuance Mail: Send comments to Docket to pilots in the cockpit, often presented of a Special Light Sport Aircraft (SLSA) Operations, M–30; U.S. Department of in a graphical format, making it easier airworthiness certificate, to conduct Transportation, 1200 New Jersey to visualize what is going on along the flight training in the aircraft for primary Avenue SE, Room W12–140, West route of flight. Pilots are no longer and differences training. Building Ground Floor, Washington, DC limited to only contacting a Flight 20590–0001. [FR Doc. 2019–26468 Filed 12–6–19; 8:45 am] • Service specialist in order to adhere to Hand Delivery or Courier: Take BILLING CODE 4910–13–P 14 CFR 91.103, numerous options are comments to Docket Operations in available to them to help maintain Room W12–140 of the West Building awareness of hazardous weather Ground Floor at 1200 New Jersey DEPARTMENT OF TRANSPORTATION advisories along their route of flight. Avenue SE, Washington, DC 20590– 0001, between 9 a.m. and 5 p.m., Federal Aviation Administration On July 23, 2018, the FAA published a notice of proposal to discontinue Monday through Friday, except Federal [Docket No. FAA–2018–0649] holidays. HIWAS in the CONUS. • Fax: Fax comments to Docket Discontinuation of Hazardous Inflight Discussions of Comments Operations at (202) 493–2251. Weather Advisory Service (HIWAS) in Privacy: In accordance with 5 U.S.C. the Contiguous United States The FAA received 27 comments on 553(c), DOT solicits comments from the the proposed agency action. The public to better inform its rulemaking AGENCY: Federal Aviation following summary identifies the issues process. DOT posts these comments, Administration (FAA), DOT. raised from all the commenters to our without edit, including any personal ACTION: Notice of final decision. initial proposal but does not restate each information the commenter provides, to comment received. Thirteen (13) SUMMARY: This action sets forth the final http://www.regulations.gov, as comments either supported the determination by the FAA to described in the system of records initiative or were neutral towards the discontinue the Hazardous Inflight notice (DOT/ALL–14 FDMS), which can FAA’s proposal. Three (3) comments Weather Advisory Service (HIWAS). be reviewed at http://www.dot.gov/ did not apply as they referred to HIWAS privacy. DATES: This action begins January 8, in Alaska, which does not exist. Of the Docket: Background documents or 2020. remaining comments, a number of them comments received may be read at FOR FURTHER INFORMATION CONTACT: Jeff focused on technology and the inability http://www.regulations.gov at any time. Black, Flight Service, Federal Aviation of pilots to obtain weather from Follow the online instructions for Administration, 800 Independence alternate sources such as Electronic

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Flight Bags (EFB), Flight Information prior to removal from the charts and FOR FURTHER INFORMATION CONTACT: Mr. Services-Broadcast (FIS-B), or similar other publications. Richard Clemente, FMCSA Driver and digital products. Commenters cited Carrier Operations Division; Telephone: Final Decision costs, aging aircraft, and lack of 202–366–4325; Email: [email protected]. infrastructure as reasons to retain the In accordance with the above, the If you have questions on viewing or broadcast. FAA will discontinue the Hazardous submitting material to the docket, FAA air traffic controllers (ATC) will Inflight Weather Advisory Service in the contact Docket Services at (202) 366– continue to advise pilots of hazardous contiguous United States, effective 9826. weather that may affect operations January 8, 2020. SUPPLEMENTARY INFORMATION: within 150 nautical miles of their sector As part of FAA efforts to modernize or area of jurisdiction. Hazardous and streamline service delivery, the I. Public Participation weather information includes Airmen’s agency will discontinue the Hazardous Viewing Comments and Documents Meteorological Information (AIRMET), Inflight Weather Advisory Service. The Significant Meteorological Information FAA will issue Notices to Airmen To view comments, as well as (SIGMET), Convective SIGMET (WST), (NOTAM) and conduct outreach to documents mentioned in this preamble Urgent Pilot Reports (UUA), and Center inform pilots that the service is no as being available in the docket, go to Weather Advisories (CWA). ATC will longer available. www.regulations.gov and insert the also direct pilots to contact a Flight docket number, FMCSA–2019–0139 in Issued in Washington, DC, on: December 3, the ‘‘Keyword’’ box and click ‘‘Search.’’ Service Specialist through an air-to- 2019. Next, click the ‘‘Open Docket Folder’’ ground radio frequency if they need Steven Villanueva, additional information. button and choose the document to Flight Service Director, Federal Aviation review. If you do not have access to the A number of commenters, including Administration. the Aircraft Owners and Pilots internet, you may view the docket [FR Doc. 2019–26386 Filed 12–6–19; 8:45 am] Association (AOPA), cited safety online by visiting the Docket concerns with the removal of this BILLING CODE 4910–13–P Management Facility in Room W12–140 service because pilots may on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, unexpectedly encounter hazardous DEPARTMENT OF TRANSPORTATION weather and have no other means to Washington, DC 20590, between 9 a.m. obtain the information. In addition, Federal Motor Carrier Safety and 5 p.m., e.t., Monday through Friday, AOPA surveys indicated that a small Administration except Federal holidays. segment of pilots rely on HIWAS to II. Legal Basis satisfy their need for adverse weather [Docket No. FMCSA–2019–0139] information while en route. The FAA FMCSA has authority under 49 U.S.C. instituted FIS–B as a replacement for Entry-Level Driver Training: United 31136(e) and 31315 to grant exemptions this legacy system that provides a range Parcel Service, Inc. (UPS); Application from certain Federal Motor Carrier of aeronautical information products for Exemption Safety Regulations (FMCSRs). FMCSA and often in a graphical format, which must publish a notice of each exemption AGENCY: Federal Motor Carrier Safety is not available via HIWAS. For pilots request in the Federal Register (49 CFR Administration (FMCSA), DOT. who choose not to equip their aircraft 381.315(a)). The Agency must provide with this new technology, as noted ACTION: Notice of final disposition; the public an opportunity to inspect the earlier, a Flight Service Specialist is still denial of exemption. information relevant to the application, including any safety analyses that have available over a radio outlet. SUMMARY: FMCSA announces its A Safety Risk Management Panel was been conducted. The Agency must decision to deny United Parcel Service, held on February 26, 2019 to review this provide an opportunity for public Inc.’s (UPS) application for exemption proposal and address the concerns comment on the request. from two provisions in the entry-level raised by stakeholders.1 The panel The Agency reviews the safety driver training (ELDT) final rule consisted of representatives throughout analyses and public comments published on December 8, 2016. UPS the FAA and industry, including AOPA. submitted and determines whether requests a five-year exemption from the The panel reviewed all comments noted granting the exemption would likely following provisions in the ELDT final above and the participants were achieve a level of safety equivalent to, rule: The requirement that a driver unanimous in their opinion that or greater than, the level that would be training instructor hold a Commercial removing the legacy service would not achieved by the current regulation (49 Driver’s License (CDL) and have two add any additional risk to the National CFR 381.305). The Agency’s decision years’ experience driving a commercial Airspace System. must be published in the Federal motor vehicle (CMV), as set forth in the To the extent that AOPA expressed Register (49 CFR 381.315(b)) with the definitions of ‘‘behind-the-wheel (BTW) concerns that FAA should update its reasons for denying or granting the instructor’’ and ‘‘theory instructor;’’ and guidance material to address the application and, if granted, the name of the requirement to register each training discontinuance of HIWAS, the FAA the person or class of persons receiving location in order to obtain a unique notes that all FAA documents, exams, the exemption and the regulatory Training Provider Registry (TPR) and orders will be updated to reflect provision from which the exemption is number applicable to that location. this change. The FAA published articles granted. The notice must specify the FMCSA has analyzed the exemption and safety team emails to inform pilots effective period (up to 5 years) and application and the public comments of this change and will issue Notices to explain its terms and conditions. The and determined that the applicant has Airmen (NOTAMs) for every outlet exemption may be renewed (49 CFR not demonstrated that it would likely where the service is to be discontinued 381.300(b)). achieve a level of safety that is III. Request for Exemption 1 The SRMP was held after the close of the equivalent to, or greater than, the level comment period to address concerns raised by that would be achieved absent the United Parcel Service, Inc. (UPS) commenters. requested exemptions. seeks an exemption from the following

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two provisions in the entry-level driver a unique TPR number applicable to that training. While CVTA agrees that the training (ELDT) final rule: (1) The location. UPS states that new driver skills needed to effectively teach, versus requirement in 49 CFR 380.713 that a training may occur at as many as 1,800 the skills acquired by driving for two driver training instructor hold a separate locations a year. In each years, are different, they believe the commercial driver’s license (CDL) and location, instructors who have been regulation should be uniformly followed have two years’ experience driving a trained pursuant to UPS’ DTS program by anyone training pre-CDL students. It CMV, as set forth in the definitions of will use a common FMCSR-compliant is CVTA’s belief that, by granting the ‘‘behind-the-wheel (BTW) instructor’’ curriculum developed at a corporate exemptions, the FMCSA would be and ‘‘theory instructor’’ in 49 CFR level. UPS’s Director of Driver Training setting a bad precedent, and opening the 380.605; and (2) the requirement in 49 is responsible for UPS’s firm-wide floodgates for exemption requests from CFR 380.703(a)(7) that training training program, and UPS is operating other training providers. providers with multiple training a single training program in multiple TruckerNation also opposed both locations must register each training locations. UPS states that this portions of the exemption request, location in order to receive a unique exemption is necessary due to the stating that the concerns raised by UPS Training Provider Registry (TPR) significant administrative burden that have been addressed through negotiated number applicable to that location. would result if it had to register every rulemaking and the public comment UPS states that its driver training UPS location at which a new driver process. TruckerNation asserted that school (DTS) trains its employees to could be trained. Having separate TPR approving this exemption request would become driver instructors. Their DTS numbers for multiple locations offering contradict the sound decisions instructors have, on average, 20 years of essentially the same training could previously made in the ELDT final rule UPS experience, hold a CDL of the same create internal confusion for UPS, and ultimately undermine the goals of or higher class, and have all drivers, and the Agency. UPS estimates ELDT. endorsements necessary to operate a that the cost to register these locations Fifty-eight individuals supported the CMV for which training is provided; would be ‘‘substantial’’ and that it UPS application. Most supported only have completed the DTS instructor would incur additional costs to keep the first part of the exemption request— certification program; have maintained track of the various registrations, file i.e., the requirement in 49 CFR 380.713 their DTS certification through quarterly updates, and new driver registrations. that a driver training instructor hold a additional training; and are employed CDL and have two years’ CMV driving by UPS as supervisors or managers. The IV. Public Comments DTS conducts an 8-week program On June 19, 2019, FMCSA published experience and, as set forth in the designed to train supervisors and notice of the UPS application for definitions of BTW instructor and managers in UPS’ long-haul operations exemption and requested public theory instructor in 49 CFR 380.605. to deliver driver training to drivers at comment [84 FR 28623]. The Agency Most of these commenters cited the UPS worksites. All UPS driver received 112 comments, 58 supporting excellence of the UPS training program instructors must recertify every 90 days the exemptions and 51 opposing them. and the company’s overall safety record. to demonstrate the same skill level Three other commenters had no Many commenters also noted that UPS shown for their original DTS position either for or against the requires continuous instructor certification. application and provided no substantive recertification throughout the year, UPS states that, were it to comply comments. Four organizations opposed regardless of how long they have held with these instructor qualification the exemptions: The Owner-Operator a CDL. requirements, it would not be able to Independent Drivers Association V. Method To Ensure an Equivalent use at least 25% of its current certified (OOIDA); the Commercial Vehicle Level of Safety driver instructors, because they do not Training Association (CVTA); Trucker have the requisite two years of CMV Nation; and the United States UPS states that its ‘‘train the trainer’’ driving experience. According to UPS, Transportation Alliance. program within its DTS will assure an in the next two years that number OOIDA strongly opposed both equivalent level of safety. According to would likely increase to 50% due to its portions of the UPS request, stating that UPS, its DTS produces highly skilled changing workforce. UPS expects an ‘‘the ELDT rule sets forth a process for instructors who know how to drive increase in growth through volume registering training providers that will tractor-trailers and how to teach others demand, as well as an aging workforce hold schools and instructors to operate tractor-trailers in a safe that will lead to retiring CDL drivers accountable for their performance. If manner. UPS believes that graduates of and certified driver instructors. Without these standards are maintained and its DTS training program are better an exemption from the ELDT instructor enforced, highway safety will prepared to impart knowledge and skills requirements, UPS’s inability to use its unquestionably improve. OOIDA further to new drivers than someone who has current driver instructors will impede opposed exempting UPS from the had two years of CMV driving substantially its ability to meet the requirement to separately register each experience. According to UPS, demand for new drivers. UPS adds that training location for a unique TPR experience over time has shown that the exemption is needed to meet number, commenting: ‘‘The Agency also their instructors produce expertly contractual requirements, as under its saw no rationale under which motor trained, safe entry-level drivers. All DTS collective bargaining agreement with the carrier-operated training schools should certified driver instructors are re- International Brotherhood of Teamsters be permitted to opt out of the TPR certified every 90 days and UPS (Teamsters), six current UPS employees registration requirements based on their conducts periodic (minimum annual) must be provided with a promotion size or safety record.’’ internal quality assessments of the DTS opportunity for every new hire. CVTA does not believe that UPS program. As to the training provider Secondly, UPS requests an exemption should be exempted from the current registration requirements, UPS assures from the requirement in 49 CFR two-year instructor requirements, nor that the registration requirements will 380.703(a)(7), that training providers does it believe that the company should be fulfilled by a single registration for with multiple training locations must be exempted from registering each UPS’ driver training program, managed register each training location to receive individual location where it provides by UPS, if the exemption were granted.

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In support of UPS’s request for responsible for managing and ADDRESSES: Submit written comments exemption from the requirement to administering ELDT at all 1,800 on the collection of information through register each training location locations. It is reasonable to require that www.Regulations.gov, or to Office of separately, the company cites the the individual actually administering Information and Regulatory Affairs, uniformity of its driver instructor the ELDT program at a given location Office of Management and Budget, Attn: training and the fact that ‘‘a common attest, under penalty of perjury, to VA Desk Officer; 725 17th St. NW, FMCSR-compliant curriculum has been compliance with specific training Washington, DC 20503 or sent through developed at the corporate level.’’ On requirements. Further, UPS does not electronic mail to oira_submission@ that basis, UPS concludes that the indicate whether the same type of ELDT omb.eop.gov. Please refer to ‘‘OMB objectives of location-specific is conducted at each of its 1,800 Control No. 2900–NEW’’ in any registration would be satisfied by a locations—e.g., do some locations offer correspondence. single UPS registration. only BTW training or only knowledge FOR FURTHER INFORMATION CONTACT: VI. FMCSA Response and Decision training? Is specialized knowledge Danny S. Green, Office of Quality, training, such as on hazardous Performance and Risk (OQPR), FMCSA has evaluated the UPS materials, offered at every UPS training Department of Veterans Affairs, 810 application and the public comments location? The types of ELDT offered at Vermont Avenue NW, Washington, DC submitted and hereby denies the each training location is ‘‘key 20420, (202) 421–1354 or email requested exemptions. The UPS information’’ as defined in [email protected] Please refer to application does not provide an analysis 380.719(a)(3)(i), and is necessary for ‘‘OMB Control No. 2900–NEW’’ in any of the safety impacts the requested effective regulatory oversight. For correspondence. exemptions from the ELDT regulations example, the extent of training offered at SUPPLEMENTARY INFORMATION: may cause, as required by 49 CFR a specific location may impact how 381.310(c)(4), and does not explain how Authority: 44 U.S.C. 3501–21. FMCSA allocates its audit or Title: Environmental Hazards Registry the exemptions would likely achieve a investigation resources. UPS’s (EHR) Worksheet (VA Form 10–10176) level of safety equivalent to, or greater application does not explain how OMB Control Number: 2900–NEW. than, the level that would be achieved dispensing with the location-specific Type of Review: New collection. by complying with the current TPR registration requirement would Abstract: Legal authority for this data regulations, as required by 49 CFR likely achieve an equivalent level of collection is found under the following 381.310(c)(5). safety. Therefore, the UPS request for Congressional mandates that authorize The requirement that a driver training exemption from the TPR registration the collection of data that will allow instructor hold a CDL, and have either requirement is hereby denied. measurement and evaluation of the two years’ experience driving a CMV of Department of Veterans Affairs Issued on: November 26, 2019. the same or higher class, or two years’ Programs, the goal of which is improved experience as a BTW CMV instructor, is Jim Mullen, health care for Veterans. necessary to establish a sufficient Acting Administrator. • Agent Orange Registry: Public Laws minimum qualification standard for [FR Doc. 2019–26183 Filed 12–6–19; 8:45 am] 102–4, 102–585 Section 703,100–687 BTW instructors. In the Agency’s BILLING CODE 4910–EX–P and 38 United States Code (U.S.C.) 527, judgment, the rigorous instructor 38 U.S.C. 1116. training provided by UPS, while • Gulf War Registry: Public Laws laudable, is not a substitute for CMV DEPARTMENT OF VETERANS 102–585, 103–446 and 38 U.S.C. 1117. driving experience. UPS therefore fails • Ionizing Radiation: Public Laws AFFAIRS to provide an alternative to the 102–585 Section 703, 100–687 and 38 instructor requirements likely to ensure [OMB Control No. 2900–NEW] U.S.C. 527, 38 U.S.C. 1116. an equivalent level of safety, and the The new Environmental Health request for exemption is hereby denied. Agency Information Collection Activity Registry (EHR) Worksheet, VA Form 10– The Agency also denies UPS’s request Under OMB Review: Environmental 10176, supersedes VA Form 10–9009 for an exemption from the requirement, Hazards Registry (EHR) Worksheet (VA (June 2005), VA Form 10–9009A (March as set forth in 49 CFR 380.703(a)(7), that Form 10–10176) 2010) and VA Form 10–0020A (June training providers with more than one 2005). Post Deployment Health Services campus or training location must AGENCY: Veterans Health (PDHS) plans to have this form electronically register each training Administration, Department of Veterans electronically accessible to location to receive a unique TPR Affairs. Environmental Health Coordinators and number applicable to that location. ACTION: Notice. Clinicians once the EHR is in place. Qualified training providers are a Until then, PDHS requests to cornerstone of meaningful ELDT. SUMMARY: In compliance with the consolidate 3 existing forms into one FMCSA’s ability to readily identify the Paperwork Reduction Act (PRA) of comprehensive form. separate physical locations at which 1995, this notice announces that the Currently, VA is exploring the ELDT occurs is a reasonable prerequisite Veterans Health Administration, performance of limited registry to effective oversight of UPS’s training Department of Veterans Affairs, will examinations via telemedicine, in order operations. The Agency needs to know submit the collection of information to reduce Veterans’ need to travel and the training location where an abstracted below to the Office of potentially reduce waiting times for individual received ELDT, for example, Management and Budget (OMB) for exams. The form information would be so that if State-administered skills or review and comment. The PRA the same, and otherwise the process to knowledge test pass/fail rates appear to submission describes the nature of the collect and put data into the registry be outside the norm for drivers trained information collection and its expected database will not change. Once the at a specific location, FMCSA can cost and burden, and it includes the exam template is available, it can be follow-up appropriately. In addition, actual data collection instrument. used to import information more UPS did not explain how a single UPS DATES: Comments must be submitted on seamlessly into the Veteran patient representative can be directly or before January 8, 2020. record.

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VA Environmental Health Registry DATES: Comments must be submitted on the base pay rate and market pay for evaluations are free, voluntary medical or before January 8, 2020. VHA physicians, dentists, and assessments for Veterans who may have ADDRESSES: Submit written comments podiatrists as prescribed by the been exposed to certain environmental on the collection of information through Secretary for Department-wide hazards during military service. www.Regulations.gov, or to the Office of applicability. These annual pay ranges Evaluations alert Veterans to possible Information and Regulatory Affairs, are intended to enhance the flexibility long-term health problems that may be Office of Management and Budget, Attn: of the Department to recruit, develop, related to exposure specific to VA Desk Officer; 725 17th St. NW, and retain the most highly qualified environmental hazards during their Washington, DC 20503 or sent through providers to serve our Nation’s Veterans military service. The registry data may electronic mail to oira_submission@ and maintain a standard of excellence in help VA understand and respond to omb.eop.gov. Please refer to ‘‘OMB the VA health care system. these health problems more effectively Control No. 2900–0568’’ in any DATES: Annual pay ranges are applicable and may be useful for research correspondence. February 16, 2020. purposes. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: An agency may not conduct or Danny S. Green at (202) 421–1354. Leah Brady, HR Specialist, Human sponsor, and a person is not required to Resources Center of Expertise, VHA SUPPLEMENTARY INFORMATION: respond to, a collection of information Workforce Management and Consulting unless it displays a currently valid OMB Authority: Title 38 CFR, sections 21.4253 and 21.4254, restates this Office (10A2A), Department of Veterans control number. The Federal Register Affairs, 810 Vermont Avenue NW, Notice with a 60-day comment period statutory requirement in the Code of Federal Regulations, and Title 38 U.S.C. Washington, DC 20420, (631) 514–9622. soliciting comments on this collection This is not a toll-free number. of information was published at 84 FR 3676. Title: Submission of School Catalog to SUPPLEMENTARY INFORMATION: Under 38 42993 on August 19, 2019, page 42993. U.S.C. 7431(e)(1)(A), not less often than Affected Public: Individuals or the State Approving Agency (VA Form = No Form). once every 2 years, the Secretary must Households. prescribe for Department-wide Estimated Annual Burden: 20,000. OMB Control Number: 2900–0568. Type of Review: Revision of a applicability the minimum and Estimated Average Burden per maximum amounts of annual pay that Respondent: 60 minutes. currently approved collection. Abstract: State approving agencies may be paid to VHA physicians, Frequency of Response: Once dentists, and podiatrists. 38 U.S.C. annually. and VA use the catalogs to determine what courses can be approved for VA 7431(e)(1)(B) allows the Secretary to Estimated Number of Respondents: prescribe separate minimum and 20,000. training. VA receives catalogs when institutions change their education maximum amounts of annual pay for a By direction of the Secretary. programs. In general, the catalogs are specialty or assignment. Pursuant to 38 Danny S. Green, collected approximately once a year. U.S.C. 7431(e)(1)(C), amounts Interim VA Clearance Officer, Office of Without this information, VA and the prescribed under paragraph 7431(e) Quality, Performance and Risk (OQPR), State approving agencies cannot shall be published in the Federal Department of Veterans Affairs. determine what courses could be Register and shall not take effect until [FR Doc. 2019–26419 Filed 12–6–19; 8:45 am] approved. at least 60 days after date of publication. BILLING CODE 8320–01–P Affected Public: Individuals or In addition, under 38 U.S.C. households. 7431(e)(4), the total amount of Estimated Annual Burden: 2,582 compensation paid to a physician, DEPARTMENT OF VETERANS hours. dentist, or podiatrist under title 38 of AFFAIRS Estimated Average Burden per the United States Code cannot exceed, in any year, the amount of annual [OMB Control No. 2900–0568] Respondent: 15 minutes. Frequency of Response: On occasion. compensation (excluding expenses) of Agency Information Collection Activity Actual Number of Respondents: the President. For the purposes of Under OMB Review: Submission of 10,330. subparagraph 7431(e)(4), ‘‘the total School Catalog to the State Approving By direction of the Secretary. amount of compensation’’ includes base Agency pay, market pay, performance pay, Danny S. Green, recruitment, relocation, and retention AGENCY: Veterans Benefits VA Interim Clearance Officer, Office of incentives, incentive awards for Administration, Department of Veterans Quality, Performance and Risk, Department performance and special contributions, Affairs. of Veterans Affairs. and fee basis earnings. [FR Doc. 2019–26391 Filed 12–6–19; 8:45 am] ACTION: Notice. BILLING CODE 8320–01–P Background SUMMARY: In compliance with the The ‘‘Department of Veterans Affairs Paperwork Reduction Act (PRA) of 1995 Health Care Personnel Enhancement Act this notice announces that the Veterans DEPARTMENT OF VETERANS of 2004’’ (Public Law (Pub. L.) 108–445) Benefits Administration (VBA), AFFAIRS was signed by the President on Department of Veterans Affairs, will December 3, 2004. The major provisions Annual Pay Ranges for Physicians, submit the collection of information of the law established a new pay system Dentists, and Podiatrists of the abstracted below to the Office of for VHA physicians and dentists Veterans Health Administration (VHA) Management and Budget (OMB) for consisting of base pay, market pay, and review and comment. The PRA AGENCY: Department of Veterans Affairs performance pay. While the base pay submission describes the nature of the ACTION: Notice. component is set by statute, market pay information collection and its expected is intended to reflect the recruitment cost and burden; it includes the actual SUMMARY: VA is hereby giving notice of and retention needs for the specialty or data collection instrument. annual pay ranges, which is the sum of assignment of a particular physician or

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dentist at a facility. Further, representative. In addition, aggregation Prosthodontics performance pay is intended to of data provides for a large enough Rheumatology recognize the achievement of specific sample size and provides pay ranges All other specialties or assignments not re- goals and performance objectives with maximum flexibility for pay setting quiring a specific specialty training or cer- tification prescribed annually. These three for VHA physicians, dentists, and components create a system of pay that podiatrists. Tier level Minimum Maximum is driven by both market indicators and In developing the annual pay ranges, employee performance, while a few distinctive principles were Pay Table 2—Clinical Specialty recognizing employee tenure in VHA. factored into the compensation analysis On April 8, 2019, the President signed of the data. The first principle is to Tier 1 ...... $104,843 $282,480 Public Law 116–12, which amended 38 ensure that both the minimum and Tier 2 ...... 115,000 306,600 U.S.C. 7431 to include podiatrists maximum salary is at a level that Tier 3 ...... 130,000 336,000 within the physician and dentist pay accommodates special employment Pay Table 2—Covered Clinical Specialties system, authorizing podiatrists to situations, from fellowships and receive base pay, market pay, and medical research career development Allergy and Immunology performance pay. With the amendment, awards to Nobel Laureates, high-cost Hospitalist podiatrists are also subject to the same areas, and internationally renowned Nephrology limitations and requirements as clinicians. The second principle is to Neurology physicians and dentists under 7431. provide ranges large enough to Pathology With regard to the Pay Tables for accommodate career progression, Physical Medicine and Rehabilitation/Spinal physicians, dentists, and podiatrists, Cord Injury geographic differences, sub- Psychiatry there have been changes to the specialization, and other special factors. minimum and maximum amounts for Clinical specialties were reviewed Tier level Minimum Maximum Pay Tables 1, 2, and 5. However, the against available, relevant private sector maximum amount for Pay Table 4 has data. The specialties are grouped into Pay Table 5—Chief of Staff and Network remained unchanged since the 2016 four clinical pay ranges that reflect Chief Medical Officers publication in the Federal Register. comparable complexity in salary, recruitment, and retention Tier 1 ...... $150,000 $350,000 Discussion Tier 2 ...... 147,000 325,000 considerations. The Steering Committee VA identified and utilized salary Tier 3 ...... 145,000 300,000 recommended realigning Deputy Tier 4 ...... 140,000 285,000 survey data sources which most closely Network Chief Medical Officer from Pay represent VA comparability in the areas Table 5 Tier 3 to Pay Table 5 Tier 4 to Pay Table 5—Covered Assignments of practice setting, employment distinguish this assignment as an environment, and hospital/health care advanced clinical and leadership role at system. The Association of American VHA Chiefs of Staff and Network the Network level. Medical Colleges, Hospital and Chief Medical Officers Tier assignments The Steering Committee also for Chiefs of Staff are based on Healthcare Compensation Service, recommended realigning Chief of Staff Sullivan, Cotter, and Associates, published facility complexity level. Tier from Pay Table 5 Tier 4 to Pay Table 5 1—Network Chief Medical Officer and Medical Group Management Tier 3 for complexity level 3 facilities Association, and the Survey of Dental Chief of Staff—Complexity Levels 1a and from Pay Table 5 Tier 3 to Pay Practice published by the American and 1b. Tier 2—Chief of Staff— Table 5 Tier 2 for complexity level 2 Dental Association were collectively Complexity Levels 1c and 2. Tier 3— facilities to distinguish this assignment utilized as benchmarks from which to Chief of Staff—Complexity Level 3 and as an advanced clinical and leadership prescribe annual pay ranges across the facilities with no designation level. Tier role at the Medical Center level. scope of assignments/specialties within 4—Deputy Network Chief Medical Officer and Deputy Chief of Staff. the Department. While aggregating the Tier level Minimum Maximum data, a preponderance of weight was Signing Authority given to those surveys which most Pay Table 1—Clinical Specialty directly resembled the environment of The Secretary of Veterans Affairs, or the Department. Tier 1 ...... $104,843 $243,000 designee, approved this document and In constructing annual pay ranges to Tier 2 ...... 110,000 252,720 authorized the undersigned to sign and accommodate the more than 40 Tier 3 ...... 120,000 280,340 submit the document to the Office of the specialties that currently exist in the VA Pay Table 1—Covered Clinical Specialties Federal Register for publication system, VA continued the practice of electronically as an official document of grouping specialties into consolidated Endocrinology the Department of Veterans Affairs. pay ranges. This allows VA to use Endodontics Pamela Powers, Chief of Staff, multiple sources that yield a high General Practice—Dentistry Department of Veterans Affairs, number of salary data which helps to Geriatrics approved this document on December 2, minimize disparities and aberrations Infectious Diseases 2019, for publication. that may surface from data involving Internal Medicine/Primary Care/Family Prac- smaller numbers for comparison and tice Jeffrey M. Martin, Palliative Care Assistant Director, Office of Regulation Policy from sample change from year to year. Periodontics Thus, by aggregating multiple survey & Management, Office of the Secretary, Podiatry (General) Department of Veterans Affairs. sources into like groupings, greater Podiatry (Surgery—Forefoot, Rearfoot/Ankle, confidence exists that the average Advanced Rearfoot/Ankle) [FR Doc. 2019–26435 Filed 12–6–19; 8:45 am] compensation reported is truly Preventive Medicine BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 84, No. 236 Monday, December 9, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

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. 72...... 66561 Presidential Documents 3 CFR 73...... 66561 Executive orders and proclamations 741–6000 Proclamations: 74...... 66561 The United States Government Manual 741–6000 9968...... 66281 100...... 66561 9969...... 66283 Other Services 140...... 66561 9970...... 66286 150...... 66561 Electronic and on-line services (voice) 741–6020 Executive Orders: Proposed Rules: Privacy Act Compilation 741–6050 13898...... 66059 429...... 67106 7 CFR 430...... 67106 ELECTRONIC RESEARCH 431...... 66327 273...... 66783 World Wide Web 1410...... 66813 12 CFR Proposed Rules: 327...... 66833 Full text of the daily Federal Register, CFR and other publications 205...... 67242 is located at: www.govinfo.gov. 351...... 66063 1216...... 65929 Ch. VII...... 65907 Federal Register information and research tools, including Public 8 CFR Proposed Rules: Inspection List and electronic text are located at: 331...... 66845 www.federalregister.gov. Proposed Rules: 1005...... 67132 103...... 67243 E-mail 106...... 67243 13 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 204...... 67243 211...... 67243 120...... 66287 Mailing List) is an open e-mail service that provides subscribers 121...... 66561 with a digital form of the Federal Register Table of Contents. The 212...... 67243 214...... 67243 Proposed Rules: digital form of the Federal Register Table of Contents includes 124...... 66647 HTML and PDF links to the full text of each document. 216...... 67243 223...... 67243 14 CFR To join or leave, go to https://public.govdelivery.com/accounts/ 235...... 67243 USGPOOFR/subscriber/new, enter your email address, then 236...... 67243 39 ...... 66063, 66579, 66582, follow the instructions to join, leave, or manage your 240...... 67243 66838, 67169, 67171, 67174, subscription. 244...... 67243 67176, 67179 PENS (Public Law Electronic Notification Service) is an e-mail 245...... 67243 71...... 66066 service that notifies subscribers of recently enacted laws. 245a...... 67243 Proposed Rules: 39 ...... 65931, 65935, 66080, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 248...... 67243 66082, 67246, 67248, 67251 and select Join or leave the list (or change settings); then follow 264...... 67243 the instructions. 274a...... 67243 301...... 67243 15 CFR FEDREGTOC and PENS are mailing lists only. We cannot 319...... 67243 744...... 66840 respond to specific inquiries. 320...... 67243 902...... 67183 Reference questions. Send questions and comments about the 322...... 67243 Federal Register system to: [email protected] 324...... 67243 17 CFR 334...... 67243 The Federal Register staff cannot interpret specific documents or Proposed Rules: 341...... 67243 regulations. 240...... 66458, 66518 343a...... 67243 343b...... 67243 22 CFR FEDERAL REGISTER PAGES AND DATE, DECEMBER 392...... 67243 51...... 67184

65907–66062...... 2 9 CFR 26 CFR 66063–66280...... 3 Proposed Rules: 1...... 66968 66281–66560...... 4 56...... 66631 Proposed Rules: 66561–66812...... 5 145...... 66631 1...... 65937, 67046 66813–67168...... 6 146...... 66631 67169–67342...... 9 147...... 66631 29 CFR 10 CFR 4044...... 67186 1...... 66561 Proposed Rules: 2...... 66561 103...... 66327 37...... 66561 30 CFR 40...... 66561 50...... 66561 902...... 66296 51...... 66561 950...... 66309 52...... 66561 55...... 66561 32 CFR 71...... 66561 775...... 66586

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33 CFR 261...... 67202 78...... 66084 22...... 66716 165 ...... 66069, 66840, 67187 264...... 67202 124...... 66084 25...... 66716 265...... 67202 222...... 66084 54...... 67220 37 CFR 268...... 67202 257...... 65941 64...... 66716 270...... 67202 372...... 66369 Proposed Rules: 273...... 67202 721...... 66855 Ch. II ...... 66328 721...... 66591, 66599 49 CFR 44 CFR 1152...... 66320 39 CFR Proposed Rules: 1...... 66084 64...... 65924 20...... 66072 22...... 66084 50 CFR 23...... 66084 45 CFR 40 CFR 49...... 66084 1115...... 66319 622...... 67236 9...... 66591, 66599 52 ...... 66084, 66096, 66098, 648...... 66630 52 ...... 66074, 66075, 66316, 66103, 66334, 66345, 66347, 47 CFR 660...... 65925, 65926 66612, 67189, 67191, 67196 66352, 66361, 66363, 66366, 1 ...... 66078, 66716, 66843 679...... 65927, 67183 70...... 67200 66853 9...... 66716 Proposed Rules: 180 ...... 66616, 66620, 66626 55...... 65938, 66084 12...... 66716 17...... 67060 260...... 67202 71...... 66084 20...... 66716 679...... 66109, 66129

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List December 4, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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